text:
PART 1 Preliminary
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Assistance Scheme (Tax) Regulations 2010 and shall come into force on 1st May 2010.
2
In these Regulations, unless otherwise stated, any reference to a numbered regulation is a reference to that regulation of the FAS Regulations .
3
In these Regulations —
“assistance” means —
interim assistance,
non-lump sum assistance,
a lump sum payment under regulation 17D (lump sum payments), and
a payment under regulation 18A (death benefit guarantees) in cases where that payment is in the form of a lump sum;
“the FA 2004 ” means the Finance Act 2004 ;
“the FAS ” means the financial assistance scheme ;
“the FAS Regulations” means the Financial Assistance Scheme Regulations 2005 ;
“the FAS scheme manager” means the person appointed by the Secretary of State by regulations under section 286 of the Pensions Act 2004 to manage the FAS;
“interim assistance” means —
an interim ill health payment from the FAS , and
an initial payment from the FAS ;
“non-lump sum assistance” means —
an annual payment from the FAS under regulation 17 (annual payments),
an ill health payment from the FAS , and
an annual payment from the FAS under regulation 17C (annual payments for certain applications in cases of severe ill health);
“qualifying member” has the meaning given by regulation 15(1); and
“qualifying pension scheme” has the meaning given in regulation 9.
PART 2 Tax reliefs, etc
Transfer of registered pension scheme assets, etc, to the Secretary of State
2
A transfer of the property, rights and liabilities of a registered pension scheme to the Secretary of State is to be treated as if it were a payment authorised by section 164(1) of the FA 2004 (authorised member payments).
Payments to the Secretary of State
3
1
This regulation applies where as a result of the transfer of the property, rights and liabilities of a registered pension scheme to the Secretary of State an employer is required to pay a sum to the Secretary of State.
2
Where section 199 of the FA 2004 (deemed contributions) would have applied if the payment had been made to the trustees or managers of the scheme, that section applies in relation to the payment in the same way as it applies in relation to a sum paid to the trustees or managers of a registered pension scheme.
3
Where the payment does not fall within paragraph (2), section 200 of the FA 2004 (no other relief for employers in connection with contributions) applies in relation to it in the same way that section applies in relation to a sum other than a contribution paid in connection with the cost of providing benefits under a registered pension scheme.
Lump sum payments by the Financial Assistance Scheme
4
Subsections (1) and (2) of section 636A of the Income Tax (Earnings and Pensions) Act 2003 (exemption for certain lump sums under registered pension schemes) apply to a lump sum payment under regulation 17D and a payment made under regulation 18A in the form of a lump sum as they apply to the lump sums listed in subsection (1).
PART 3 Lifetime allowance
Application of relevant lifetime allowance provisions
5
1
The relevant lifetime allowance provisions apply in relation to assistance from the FAS as they apply in relation to benefits that are provided under a registered pension scheme.
2
For the purposes of the relevant lifetime allowance provisions, unless the context requires otherwise —
a
a qualifying member is to be treated as if that qualifying member were a member of a registered pension scheme; and
b
the FAS is to be treated as if it were a registered pension scheme and the FAS scheme manager is to be treated as its scheme administrator.
3
Subject to regulations 6 to 11 of these Regulations, the relevant lifetime allowance provisions are —
a
sections 214 to 226 and 263 of the FA 2004 (lifetime allowance charge and penalty in relation to relevant benefit accrual);
b
Part 2 of Schedule 36 to the FA 2004 (lifetime allowance charge transitional provisions);
c
orders made under section 218(3) of the FA 2004 (individual’s lifetime allowance and standard lifetime allowance); and
d
enhanced lifetime allowance regulations.
4
“Enhanced lifetime allowance regulations” has the meaning given by section 256(2) of the FA 2004 (enhanced lifetime allowance regulations).
Amount of charge
6
For the purposes of section 215 of the FA 2004 (amount of charge) a payment under regulation 18A in the form of a lump sum is to be treated as if it was a lump sum death benefit.
Benefit crystallisation events and amounts crystallised
7
1
In relation to assistance from the FAS, this table sets out —
a
the events which are benefit crystallisation events in relation to the individual; and
b
the amount which is crystallised by each of those events
in place of section 216 of the FA 2004 (lifetime allowance charge – benefit crystallisation events and amounts crystallised).
Benefit crystallisation events Amount crystallised
1. Subject to paragraph (3), the individual becoming entitled for the first time to interim assistance in respect of membership of a qualifying pension scheme.
(
20 x P
) − R P S B C E
2. Subject to paragraphs (3) and (4), the individual becoming entitled for the first time to one of the forms of non-lump sum assistance in respect of membership of a qualifying pension scheme in a case where the individual has not previously become entitled to one of the forms of interim assistance in respect of that scheme.
(
20 x P
) − R P S B C E
3. The individual becoming entitled for the first time to an annual payment under regulation 17 in respect of membership of a qualifying pension scheme having previously become entitled to an initial payment in respect of that scheme. Where paragraph (5) applies —
(
20 x P 17
) − B C E 1
Where paragraph (5) does not apply, nil.
4. The individual becoming entitled for the first time to an ill health payment from the FAS in respect of membership of a qualifying pension scheme having previously become entitled to an interim ill health payment in respect of that scheme. Where paragraph (6) applies —
(
20 x P 17 A
) − B C E 1
Where paragraph (6) does not apply, nil.
5. The individual becoming entitled to a lump sum payment under regulation 17D in respect of membership of a qualifying pension scheme in a case where the individual has not previously become entitled to interim assistance in respect of that scheme. The amount of the lump sum paid to the individual. 6. A person becoming entitled to a lump sum in respect of the individual under regulation 18A in respect of the individual’s membership of a qualifying pension scheme. The amount of the lump sum.
2
For the purposes of these Regulations, an individual becomes entitled to —
a
assistance from the FAS when that individual first acquires an actual (rather than a prospective) right to receive that assistance and the amount of that assistance has been determined by the FAS scheme manager; and
b
a lump sum under regulation 17D immediately before the individual becomes entitled to the non-lump sum assistance to which the lump sum relates.
3
The individual becoming entitled to interim assistance, an annual payment under regulation 17 or an ill health payment from the FAS in respect of membership of a qualifying pension scheme does not result in a benefit crystallisation event where that entitlement is solely as a result of the transfer to the Secretary of State of property, rights and liabilities which represent the rights to which the individual had, prior to the transfer, become entitled in respect of a scheme pension under that scheme.
4
The individual becoming entitled to an annual payment under regulation 17 or an ill health payment from the FAS does not result in a benefit crystallisation event where the individual had previously become entitled to —
a
an initial payment or an interim ill health payment, as the case may be, from the FAS prior to the coming into force of these Regulations; or
b
a payment under regulation 17H (payments to qualifying members receiving a pension from the qualifying pension scheme before entitlement to an annual payment or ill health payment).
5
This paragraph applies where the value of
(
20 x P 17
)
is more than the value of BCE1.
6
This paragraph applies where the value of
(
20 x P 17 A
)
is more than the value of BCE1.
7
In this regulation —
“BCE 1” is the amount crystallised at the first benefit crystallisation event in the table in paragraph (1) following the individual becoming entitled to the relevant interim assistance;
“P” is the value of the assistance which will be payable to the individual in the period of 12 months beginning with the day on which the individual becomes entitled to assistance (assuming assistance remains payable throughout that period at the rate at which it is payable on that day);
“P17” is the value of the assistance which would have been payable to the individual in the period of 12 months beginning with the day on which the individual became entitled to an initial payment if —
the individual had become entitled to assistance in the form of an annual payment under regulation 17 on that day,
that assistance had remained payable throughout that period at the rate at which it would have been payable on that day, and
the individual had chosen not to commute any of that assistance for a lump sum;
“P17A” is the value of the assistance which would have been payable to the individual in the period of 12 months beginning with the day on which the individual became entitled to an interim ill health payment if —
the individual had become entitled to assistance in the form of an ill health payment on that day,
that assistance had remained payable throughout that period at the rate at which it would have been payable on that day, and
the individual had chosen not to commute any of that assistance for a lump sum; and
“RPSBCE” is the amount, if any, crystallised by the second or fifth benefit crystallisation event, as the case may be, under section 216 of the FA 2004 in respect of rights under the registered pension scheme of which the individual was a member prior to the transfer of the property, rights and liabilities which represent those rights to the Secretary of State.
Persons liable to charge
8
Section 217 of the FA 2004 (persons liable to charge) applies as if —
a
in subsection (1), the words after “individual” were omitted; and
b
in subsections (2), (3) and (4), the references to a “relevant lump sum death benefit” were references to a payment under regulation 18A in the form of a lump sum.
Availability of individual’s lifetime allowance
9
1
Section 219(6) of the FA 2004 (availability of individual’s lifetime allowance) applies as if after the words in brackets there appeared “and regulation 7(2)(b) of the Financial Assistance Scheme (Tax) Regulations 2010”.
2
A payment under regulation 18A in the form of a lump sum is to be treated as the payment of a lump sum death benefit for the purposes of section 219(7) of the FA 2004.
Transitional provisions: Part 2 of Schedule 36 to the FA 2004
10
For the purposes of paragraph 12(2)(b) of Schedule 36 to the FA 2004 (enhanced protection), a transfer of the property, rights and liabilities of a registered pension scheme to the Secretary of State is to be treated as a permitted transfer.
Information and penalties
11
1
Subject to regulation 12(2) of these Regulations, the Registered Pension Schemes (Provision of Information) Regulations 2006 do not apply in relation to the FAS.
2
Sections 261 and 262 of the FA 2004 (enhanced lifetime allowance regulations: documents and information – penalties) apply to the reporting obligation in regulation 13 of these Regulations as if it was imposed by enhanced lifetime allowance regulations.
3
Section 98 of the Taxes Management Act 1970 (special returns, etc: penalties) applies to the reporting obligations in regulations 14 to 18 of these Regulations as if they were listed in the second column of the Table in that section.
Percentage of standard lifetime allowance expended on the happening of a benefit crystallisation event
12
1
The percentage of standard lifetime allowance expended on the happening of each benefit crystallisation event for the purposes of these Regulations is found by applying the formula —
(
A C
R S L A
) x 100
where —
“AC” is the amount crystallised by the benefit crystallisation event; and
“RSLA” is the relevant standard lifetime allowance at the time of that event.
2
The total percentage of standard lifetime allowance expended in relation to a qualifying member is the sum of —
a
the percentages found in accordance with this regulation in respect of that member; and
b
the percentages found in accordance with regulation 7 of the Registered Pension Schemes (Provision of Information) Regulations 2006 (percentage of standard lifetime allowance expended on the happening of a registered pension scheme benefit crystallisation event) in respect of that member.
Information provided by qualifying members to the FAS scheme manager about enhanced lifetime allowance
13
If a qualifying member intends to rely on entitlement to an enhanced lifetime allowance, or to enhanced protection, the qualifying member must notify the FAS scheme manager of the reference number issued by the Commissioners for Her Majesty’s Revenue and Customs under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 in respect of that entitlement.
Information provided by the FAS scheme manager to qualifying members about liability for a lifetime allowance charge
14
If assistance other than a payment under regulation 18A in the form of a lump sum results in a lifetime allowance charge, within three months of the benefit crystallisation event the FAS scheme manager must provide the qualifying member with a notice stating —
a
the chargeable amount in respect of the benefit crystallisation event;
b
how that chargeable amount has been calculated; and
c
the amount of the resulting charge to tax.
Information provided by the FAS scheme manager to qualifying members about benefit crystallisation events
15
1
The FAS scheme manager must provide a statement containing the information in paragraph (2) to each qualifying member —
a
who has become entitled to receive assistance, at least once in each tax year; or
b
in respect of whom a benefit crystallisation event has occurred, within three months of that event,
or, if the member has died, the FAS scheme manager must provide the statement to the member’s personal representatives.
2
The information is the percentage of standard lifetime allowance expended in relation to the member by —
a
benefit crystallisation events in respect of the FAS; and
b
benefit crystallisation events under section 216 of the FA 2004 prior to the transfer to the Secretary of State mentioned in regulation 2 of these Regulations except for a benefit crystallisation event which relates to a liability or pension obligation which is not discharged under section 161 of the Pensions Act 2004 as modified by paragraph 3D of Schedule 1 to the FAS Regulations 2005.
3
No obligation to provide a statement under paragraph (1)(b) arises if a statement is required to be provided under sub-paragraph (a) of that paragraph or under regulation 16(1)(a) of these Regulations.
4
For the purposes of paragraph (1)(a), a qualifying member becomes entitled to receive assistance in the circumstances set out in regulation 7(2) of these Regulations.
Information provided by the FAS scheme manager to personal representatives
16
1
The FAS scheme manager must notify to the personal representatives of a deceased qualifying member —
a
the percentage of standard lifetime allowance expended by, and the amount and the date of payment of, a payment in the form of a lump sum under regulation 18A in relation to the member; and
b
the total percentage of standard lifetime allowance expended in relation to the member, at the date of the notification, by —
i
benefit crystallisation events in respect of the FAS; and
ii
benefit crystallisation events under section 216 of the FA 2004 prior to the transfer to the Secretary of State mentioned in regulation 2 of these Regulations except for a benefit crystallisation event which relates to a liability or pension obligation which is not discharged under section 161 of the Pensions Act 2004 as modified by paragraph 3D of Schedule 1 to the FAS Regulations 2005,
but excluding from that percentage any amount covered by paragraph (a).
2
The information required by paragraph (1)(a) must be provided no later than the last day of the period of three months beginning with the day on which the assistance payment is made.
3
The information required by paragraph (1)(b) must be provided no later than the last day of the period of two months beginning with the day on which a request for it is received from the member’s personal representatives.
Information provided by the FAS scheme manager to Her Majesty’s Revenue and Customs
17
1
If assistance results in a lifetime allowance charge or would have done but for the qualifying member’s entitlement to an enhanced lifetime allowance, or to enhanced protection, within three months of the benefit crystallisation event the FAS scheme manager must provide a report to Her Majesty’s Revenue and Customs setting out —
a
the name, date of birth, address and national insurance number of the member;
b
the date of the relevant benefit crystallisation event;
c
the amount crystallised by the event;
d
if the member has benefited from an enhanced lifetime allowance or enhanced protection, the reference number issued under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 in respect of that entitlement; and
e
in cases where the member is liable to a lifetime allowance charge, the amount of tax due in respect of each chargeable amount as constitutes a lump sum amount and each chargeable amount as constitutes a retained amount .
2
For the purposes of paragraph (1)(e), a chargeable amount that constitutes a retained amount includes cases where it is assumed under regulation 7 of these Regulations that the member has not chosen to commute any portion of non-lump sum assistance for a lump sum.
Information provided by personal representatives to Her Majesty’s Revenue and Customs
18
1
Where —
a
a payment in the form of a lump sum is made in respect of a deceased qualifying member under regulation 18A; and
b
that payment, of itself or together with any other such payment or any relevant lump sum death benefit paid by a registered pension scheme in respect of the individual, results in a lifetime allowance charge,
the personal representatives of the member shall provide to Her Majesty’s Revenue and Customs the information specified in paragraph (2).
2
The information is —
a
a statement that a payment in the form of a lump sum has been paid by the FAS under regulation 18A;
b
the name of any registered pension scheme from which, and the name and address of the scheme administrator by whom, the benefits were paid;
c
the name of the deceased member in respect of whom the benefits were paid;
d
the amount and date of the payment by the FAS;
e
the amount and date of the payment of any benefits by a registered pension scheme; and
f
the chargeable amount in respect of which a lifetime allowance charge is payable by virtue of the payments.
3
The information required shall be provided on or before the later of —
a
the end of the period of 13 months beginning with the death of the member; or
b
the end of the period of 30 days beginning with the date on which the personal representatives (or any of them) became aware that paragraph (1) applied to the deceased member.
4
Where a requirement to provide information under this regulation arises after the period specified in paragraph (3) has expired, the information shall be provided no later than the last day of the period of 30 months beginning with the death of the member.
5
If the personal representatives discover after the latest date for providing information under paragraph (4) any information required to be provided under paragraph (1), that information shall be provided no later than the last day of the period of 3 months beginning with the discovery of that information.
6
Where personal representatives are required to provide information under this regulation by virtue of a payment or payments in the form of a lump sum being made under regulation 18A in respect of the deceased member along with the payment of one or more relevant lump sum death benefits under Part 4 of the FA 2004 in respect of the deceased member, regulation 10 of the Registered Pension Schemes (Provision of Information) Regulations 2006 does not apply in relation to the payment or payments under Part 4 of the FA 2004.
PART 4 Miscellaneous
Transitional provisions: lump sums
19
For the purposes of —
a
paragraph 2 of Schedule 29 to the FA 2004 as modified by paragraph 28(3) of Schedule 36 to that Act; and
b
regulation 25D of the Taxation of Pension Schemes (Transitional Provisions) Order 2006 ,
the reference to a pension commencement lump sum in the definition of “APCLS” in paragraph 2(6) of Schedule 29 shall be taken to include a lump sum under regulation 17D.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
6th April 2010


type: legislation

jurisdiction: UK

text:
Title and commencement
1
The title of this Order is the Swansea Bay Port Health Authority (Amendment) Order 2010 and it comes into force on 26 July 2010.
Amendments to the 1991 Order
2
The Swansea Bay Port Health Authority Order 1991 is amended as follows:
a
in Schedule 2, for the heading “ The Public Health (Control of Disease) Act 1984 (c. 77)
”, substitute “ The Public Health (Control of Disease) Act 1984 (c. 22)
”;
b
in Schedule 2, under the heading “ The Public Health (Control of Disease) Act 1984 (c. 77)
”, for —
Part I Administrative and financial provisions Part II (except sections 11 and 12, 21 — 23 and 39 — 42) Control of disease Part III Section 48 Removal of body to mortuary or for immediate burial Section 56 Application of Part II and III
Section 61 Power of entry
substitute the following —
Section 45M and all functions conferred under the Health Protection (Part 2A Orders) (Wales) Regulations 2010
Local authority power to apply to a Justice of the Peace for an order to protect human health from risk of infection or contamination Section 46 Burial and cremation Section 48 Removal of body to mortuary or for immediate burial
and
at the end of Schedule 2, add —
Health Protection (Local Authority Powers) (Wales) Regulations 2010
Regulation 2 Requirement to keep a child away from school Regulation 3 Requirement to provide details of children attending school Regulation 4 Disinfection or decontamination of things on request of owner Regulation 5 Disinfection or decontamination of things on request of person with custody or control Regulation 6 Disinfection or decontamination of premises on request of the owner Regulation 7 Disinfection or decontamination of premises on request of tenant Regulation 8 Requests for co-operation for health protection purposes Regulation 9 Restriction of contact with dead bodies Regulation 10 Restriction of access to dead bodies Regulation 11 Relocation of dead bodies
Signed by the authority of the Minister for Health and Social Services, one of the Welsh Ministers
David Worthington
Head of Health Protection Division
22 July 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 2010 and come into force on 8th April 2010.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In both regulation 34A and regulation 34B (each of which deals with deductions of mortgage interest from benefit and payment to qualifying lenders) —
a
in paragraph (1), at the end insert “or, insofar as the payment exceeds that liability, in accordance with paragraph 4A of that Schedule.”; and
b
for paragraph (2) substitute —
2
The provisions of Schedule 9A shall have effect in relation to payments made under this regulation.
.
3
In Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders), after paragraph 4 (direct payment: more than one loan) insert —
Application of payment where it exceeds borrower’s actual mortgage interest
4A
1
Subject to sub-paragraph (2), insofar as the sum paid to a qualifying lender under this Schedule in respect of a particular loan exceeds the borrower’s liability in respect of the mortgage interest payable on that loan the excess shall be applied by that lender in the following order of priority —
a
first, towards the discharge of any liability for arrears of mortgage interest in respect of that loan;
b
second, towards the discharge of any liability to repay the principal sum, or any other sum payable by the borrower to that lender, in respect of that loan.
2
Where the borrower is liable to pay mortgage interest to the same qualifying lender in respect of two or more different loans, insofar as the sum paid to that lender under this Schedule in respect of one of those loans (“loan A”) exceeds the borrower’s liability in respect of the mortgage interest payable on that loan the excess shall be applied by that lender in the following order of priority —
a
first, towards the discharge of any liability for arrears of mortgage interest payable in respect of loan A;
b
second, towards the discharge of any liability to repay the principal sum, or any other sum payable by the borrower to that lender, in respect of loan A or (insofar as that liability is not already discharged by the application of any other sum paid to the qualifying lender under this Schedule) any of the other loans.
.
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Personal Injuries (Civilians) Scheme (Amendment) Order 2010 and shall come into force on 12th April 2010.
2
In this Order “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendments to the principal Scheme
2
1
For Schedule 3 to the principal Scheme substitute the Schedule set out in Schedule 1 to this Order.
2
For Schedule 4 to the principal Scheme substitute the Schedule set out in Schedule 2 to this Order.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
3rd February 2010
We approve
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 2010


text:
Citation
1
This Order may be cited as the Health Act 2009 (Commencement No. 2) Order 2010.
Appointed days for provisions relating to pharmaceutical services
2
1
18th March 2010 is the day appointed for the coming into force of section 25 of the Health Act 2009, but only for the purpose of making regulations under section 128A of the National Health Service Act 2006 .
2
24th May 2010 is the day appointed for the coming into force of section 25 of the Health Act 2009, in so far as not already in force.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
12th March 2010


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Cowes Port Health Authority Order 2010 and shall come into force on 6th April 2010.
2
This Order applies in relation to England.
3
In this Order —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“approaches” means seaward approaches and land approaches lying within the curtilage of a dock, harbour or marina;
“the Council” means the Isle of Wight Council;
“the Port of Cowes” means the port of that name established for the purposes of the enactments relating to customs and excise.
4
References in this Order to reference points shall be construed as references to National Grid reference points.
The Port Health Authority
2
1
For the purposes of the Act the parts of the Port of Cowes and the land and water to which this article applies shall be a port health district and the Council shall be the port health authority for that district.
2
This article applies to the parts of the Port of Cowes and the land and water which lies within the area bounded —
a
by a line —
i
from Ordnance Survey reference point SZ462943 (the western boundary of the Medina Borough Council at low water mark) north-north-east to Ordnance Survey reference point SZ464957 (Gurnard Ledge Buoy), then
ii
north-east to Ordnance Survey reference point SZ485970 (Gurnard Buoy), then
iii
east-north-east to Ordnance Survey reference point SZ500974 (Prince Consort Buoy) then,
iv
south-east to Ordnance Survey SZ594937 (the northerly point of the pier at Ryde), then
v
east to Ordnance Survey reference point SZ641938 (No Man’s Land Fort), then
vi
south-south-east to Ordnance Survey reference point SZ648897 (St Helen’s Fort), then
vii
south-west to Ordnance Survey reference point SZ638888 (the eastern end of the groyne on the west side of the entrance to Bembridge Harbour);
b
by the mean high water line along the coast between Ordnance Survey reference point SZ638888 (the eastern end of the groyne on the west side of the entrance to Bembridge Harbour) and Ordnance Survey reference point SZ462943 (the western boundary of the Medina Borough Council at low water mark),
together with —
aa
all docks, harbours and marinas, including the approaches to them; and
bb
as far as the tide flows, all river, canals, bays, creeks, streams, channels, waters and watercourses,
giving on to the area specified in this article.
Jurisdiction
3
The Council shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to port health authority
4
1
There are assigned to the Council as port health authority the functions, rights and liabilities of a local authority under the enactments specified in the Schedule to this Order, as far as they are applicable to a port health authority, and to any land, waters, premises, vessels or persons within its jurisdiction.
2
For the purposes of the functions, rights and liabilities assigned to the Council by virtue of this Order, the enactments mentioned in the Schedule to this Order shall have effect as if —
a
any vessel lying within the port health district were a house, building or premises; and
b
the master or other officer or person in charge of the vessel were the occupier.
3
This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1 of that Act.
Revocations
5
1
The Cowes Port Health Authority Order 1990 is revoked .
Signed by authority of the Secretary of State for Health
Jonathan Stopes-Roe
A member of the Senior Civil Service
Department of Health
1st April 2010


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2010 and come into force on 1st April 2010.
Amendment of the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2005
2
1
Regulation 2 (prescribed description of arrangements in relation to stamp duty land tax) of the Stamp Duty Land Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2005 is amended as follows.
2
In paragraph (2) in the definition of “the applicable value” for “non-residential property” substitute “property (whether residential or non-residential)”.
3
For paragraph (3) substitute —
3
The arrangements are those whose subject matter is one of the following —
a
wholly non-residential property in respect of which the applicable value is at least £5,000,000;
b
wholly residential property in respect of which the applicable value is at least £1,000,000;
c
a mixture of non-residential and residential property where either —
i
the applicable value of the residential property is at least £1,000,000; or
ii
the applicable value of all the property is at least £5,000,000.
3A
The time for establishing the applicable value in paragraph (3) is to be the time any requirement to notify would arise under section 308, 309 or 310 (as the case may be).
3B
Arrangements are excepted from disclosure under this regulation if —
a
they are excluded by virtue of the provisions in the Schedule to these Regulations; or
b
they are of the same, or substantially the same, description as arrangements which were first made available for implementation before 1st April 2010.
.
4
For paragraph (4) substitute —
4
If a promoter makes a notifiable proposal available generally but does not know whether a proposal will result in arrangements, it shall be assumed, for the purposes of these Regulations, that the subject matter of any resulting arrangements will consist of —
a
wholly non-residential property in respect of which the applicable value is at least £5,000,000;
b
wholly residential property in respect of which the applicable value is at least £1,000,000; or
c
a mixture of non-residential and residential property where either —
i
the applicable value of the residential property is at least £1,000,000; or
ii
the applicable value of all the property is at least £5,000,000.
.
5
Omit paragraph (5).
6
In paragraph (6) for “£5,000,000” substitute “the applicable value provided in whichever of paragraph (3)(a), (b) or (c) applies”.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government and Public Involvement in Health Act 2007 (Commencement No.9) Order 2010.
2
In this Order “ the Act ” means the Local Government and Public Involvement in Health Act 2007.
Appointed day for provisions relating to byelaws
2
27th January 2010 is the day appointed for the coming into force of the following provisions of the Act —
a
section 129 (alternative procedure for byelaws);
b
section 130 (fixed penalties for breach of byelaws);
c
section 131 (use of fixed penalty receipts);
d
section 132 (guidance);
e
section 133 (community support officers etc );
f
section 134 (revocation of byelaws); and
g
section 135 (further amendments relating to byelaws).
Appointed day for provision relating to the duty to involve users
3
22nd February 2010 is the day appointed for the coming into force of section 233(5) of the Act in so far as it is not already in force.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State,
Department of Health
21st January 2010


text:
Citation and commencement
1
These Regulations may be cited as the Notification of Conventional Tower Cranes (Amendment) Regulations 2010 and come into force on 6 th April 2010.
Amendment of the Notification of Conventional Tower Cranes Regulations 2010
2
In paragraph (4) of regulation 3 (Application) of the Notification of Conventional Tower Cranes Regulations 2010 , after the word “supplied” insert the words “by that person”.
Signed by authority of the Secretary of State for Work and Pensions
William D. McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
16th March 2010


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Family Procedure (Civil Partnership: Staying of Proceedings) Rules 2010 and come into force on 6th April 2011.
2
In these Rules —
a
“civil partnership proceedings” means proceedings under the Civil Partnership Act 2004 so far as they are for one or more of the following —
i
a dissolution order,
ii
a separation order,
iii
a nullity order,
iv
a declaration as to the validity of a civil partnership of the applicant,
v
a declaration as to the subsistence of such a civil partnership;
b
“another jurisdiction” means any jurisdiction outside England and Wales;
c
“related jurisdiction” means Scotland, Northern Ireland, Jersey, Guernsey and the Isle of Man (the reference to Guernsey being treated as including Alderney and Sark);
d
references to the trial in any proceedings are, where there is more than one trial, references to the first trial in those proceedings, but do not include the separate trial of an issue as to jurisdiction only;
e
references to proceedings in another jurisdiction are references to proceedings in a court of that jurisdiction and to any proceedings which are instituted before a tribunal or other authority having power under the law having effect there to determine questions of status;
f
references to proceedings which are continuing in another jurisdiction are references to proceedings which have been begun and have not been finally disposed of;
g
references to proceedings before the court which are continuing are references to proceedings which are pending and not stayed; and
h
proceedings are relevant proceedings if they are in respect of the same civil partnership or are capable of affecting its validity or subsistence.
Duty to give particulars of concurrent proceedings in another jurisdiction
2
1
Where civil partnership proceedings are pending in respect of a civil partnership and the trial in those proceedings has not begun —
a
the applicant, or
b
a respondent who has applied for a financial order,
must provide to the court the information required by the relevant practice direction about any proceedings which the applicant or respondent, as the case may be, knows to be continuing in another jurisdiction and which are proceedings in respect of the civil partnership or capable of affecting its validity or subsistence.
2
The information must be given in such manner, to such persons and on such occasions as may be required by the relevant practice direction.
3
In this rule, “financial order” has the meaning given in rule 2.3 of the Family Procedure Rules 2010 .
Obligatory stays of civil partnership proceedings
3
1
Paragraph (2) applies if, in proceedings for a dissolution order, a party to the civil partnership applies before the beginning of the trial for an order that the proceedings be stayed.
2
Subject to rule 5(3), the court will order that the proceedings be stayed if it appears to the court that —
a
in respect of the same civil partnership, proceedings for the dissolution or annulment of the civil partnership are continuing in a related jurisdiction;
b
the parties to the civil partnership have lived together after its formation;
c
the place where they lived together —
i
on the date when the proceedings before the court were begun, or
ii
if they did not live together at that date, where they last lived together before those proceedings were begun,
is in that jurisdiction; and
d
either of those parties was habitually resident in that jurisdiction throughout the year ending with the date on which they last lived together before the proceedings before the court were begun.
3
This rule applies to proceedings only so far as they are for a dissolution order.
Discretionary stays of civil partnership proceedings
4
1
Paragraph (2) applies, subject to paragraph (5), where, before the beginning of the trial in any civil partnership proceedings, it appears to the court that —
a
any relevant proceedings are continuing in another jurisdiction, and
b
the balance of fairness (including convenience) as between the parties to the civil partnership makes it appropriate for the proceedings in that jurisdiction to be disposed of before further steps are taken —
i
in the proceedings before the court, or
ii
in those proceedings so far as they are a particular kind of civil partnership proceedings.
2
Subject to paragraph (4), the court may order that —
a
the proceedings before it; or
b
those proceedings, so far as they are a particular kind of civil partnership proceedings,
be stayed.
3
In considering the balance of fairness and convenience for the purposes of paragraph (1)(b), the court will have regard to all factors appearing to be relevant, including the convenience of witnesses and any delay or expense which may result from the proceedings being stayed, or not being stayed.
4
When an application under rule 3 is pending in respect of the proceedings, the court will not exercise its power under paragraph (2) so far as the proceedings are for a dissolution order.
5
Where, after the beginning of the trial in any civil partnership proceedings, the court is satisfied that a person has failed to perform the duty imposed on that person in respect of the proceedings by rule 2, the court may —
a
make an order declaring that the court is so satisfied; and
b
exercise the power under paragraph (2) as if the words “before the beginning of the trial” in paragraph (1) were omitted.
6
No action lies in respect of the failure of a person to comply with rule 2.
Discharge of orders
5
1
A party to proceedings which are stayed by an order under rule 3 or 4 may apply to discharge that order.
2
On such an application the court may discharge the order if it appears that the proceedings by reference to which the order was made are stayed or concluded, or that a party to those other proceedings has delayed unreasonably in prosecuting them.
3
If the court discharges an order staying any proceedings under rule 3 no further order staying those proceedings may be made under that rule.
Supplementary
6
1
Rules 7 and 8 apply, subject to rule 9, where proceedings for a dissolution, separation or nullity order are stayed by reference to proceedings in a related jurisdiction for the dissolution or annulment of a civil partnership, or the separation of civil partners.
2
In this rule and in rules 7 to 9 —
a
“lump sum order” means —
i
an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004 of a kind mentioned in paragraph 2(1)(f) (lump sum for child) of that Schedule, or
ii
an order made under Schedule 1 to the Children Act 1989 of a kind mentioned in paragraph 1(2)(c) (lump sum for child) of that Schedule, if made in equivalent circumstances to an order of the kind mentioned in sub-paragraph (a)(i);
b
“the other proceedings”, in relation to any stayed proceedings, means the proceedings in the other jurisdiction by reference to which the stay was imposed;
c
“relevant order” means —
i
an order under Part 8 of Schedule 5 to the Civil Partnership Act 2004 (maintenance pending outcome of dissolution, nullity or separation proceedings),
ii
an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004 of a kind mentioned in paragraph 2(1)(d) or (e) (periodical payments for child) of that Schedule,
iii
an order made under Schedule 1 to the Children Act 1989 of a kind mentioned in paragraph 1(2)(a) or (b) (periodical payments for child) of that Schedule, if made in equivalent circumstances to an order of a kind mentioned in sub-paragraph (c)(ii),
iv
an order under section 8 of the Children Act 1989, or
v
except for the purposes of rule 8, any order restraining a person from removing a child out of England and Wales or out of the care of another person; and
d
“stayed” means stayed in pursuance of these Rules.
3
Nothing in rules 7 to 9 affects any power of the court to —
a
vary or discharge a relevant order which remains in force,
b
enforce a relevant order in relation to any period when it is or was in force, or
c
make a relevant order or a lump sum order in connection with proceedings which were, but are no longer, stayed.
7
1
Where proceedings are stayed as described in rule 6(1) —
a
the court must not make a relevant order or a lump sum order in connection with the stayed proceedings except under paragraph (2); and
b
except as provided by paragraph (4), any relevant order made in connection with the stayed proceedings ceases to have effect on the expiration of three months from the date on which the stay was imposed, unless before that date the stay is removed or the order discharged.
2
The court may exercise the powers referred to in paragraph (3) if it considers that —
a
there are circumstances which must be dealt with urgently, and
b
it is necessary to exercise those powers whilst the stay is in force in order to deal with those circumstances.
3
The powers are —
a
to make a lump sum order or a relevant order in connection with the stayed proceedings; and
b
to extend, or further extend, the duration of a relevant order made in connection with the stayed proceedings.
4
Where by virtue of paragraph (2) the court exercises any of the powers referred to in paragraph (3) in respect of a relevant order, paragraph (1)(b) does not apply to the order so made or extended.
5
This rule does not alter the effect of the stay except as provided by this rule.
8
1
Where —
a
proceedings are stayed as described in rule 6(1); and
b
an order (“the other order”) making provision of a kind referred to in paragraph (2) which was made in connection with the other proceedings —
i
is in force at the time when the stay is imposed, or
ii
comes into force subsequently,
then paragraphs (3) to (6) apply.
2
The provision referred to in paragraph (1)(b) is —
a
provision for periodical payments for a civil partner of the civil partnership in question;
b
provision for periodical payments for a child;
c
any provision which could be made by an order under section 8 of the Children Act 1989.
3
Any relevant order made in connection with the stayed proceedings ceases to have effect in so far as it makes any provision for a civil partner or child which (whether it makes the same or different provision) is of the same type as any provision for that civil partner or child made by the other order.
4
The court must not make a relevant order in connection with the stayed proceedings containing provision for a civil partner or child in respect of any matter for which provision for that civil partner or child is made by the other order.
5
If the other order contains provision for periodical payments for a child, the court must not make a lump sum order for that child in connection with the stayed proceedings.
6
The provisions of paragraphs (3) to (5) have effect —
a
in a case where the other order is in force when the stay is imposed, from that date, and
b
in any other case, from the date when the other order comes into force.
7
Where an order made under paragraph 1 of Schedule 5 to the Civil Partnership Act 2004, of a kind mentioned in paragraph 2(1)(e) of that Schedule (secured periodical payments for, or for the benefit of, children) ceases to have effect by virtue of rule 7 or the preceding provisions of this rule, paragraph (8) applies.
8
Any order made under Part 3 of that Schedule which requires the proceeds of sale of property to be used for securing the periodical payments also ceases to have effect.
9
1
Where —
a
civil partnership proceedings are proceedings for more than one of the orders mentioned in rule 1(2)(b)(i) to (iii); and
b
proceedings for some but not all of those orders are stayed,
then rules 7 and 8 do not apply.
2
Where paragraph (1) applies the court must not make a relevant order or a lump sum order in connection with the proceedings so far as they are stayed.
3
This rule does not affect the application of the stay except as provided by this rule.
Effect of stay apart from these rules
10
These rules do not affect any other power of the court to stay proceedings.
Transitional provisions
11
1
Where —
a
there are proceedings before the court in respect of a civil partnership which are continuing;
b
that civil partnership is treated as having been formed by virtue of section 215(1) of the Civil Partnership Act 2004; and
c
the overseas relationship by reference to which the parties are treated as having formed the civil partnership was registered before 5th December 2005,
then rule 3 applies to those proceedings as though the reference to the parties having lived together after the formation of the civil partnership is a reference to their having lived together after the registration of the overseas relationship.
2
Where civil partnership proceedings are started before 6th April 2011 —
a
these Rules shall apply to those proceedings from that date; but
b
anything previously done or required to be done in the proceedings under the Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005 shall, if validly done under those rules, be treated as validly done for the purposes of these Rules.
Revocation
12
The Family Proceedings (Civil Partnership: Staying of Proceedings) Rules 2005 are revoked.
Nicholas Wall, P
Philip Waller
Duncan Adam
John Baker
Timothy Becker
Paul Carr
Martyn Cook
Bruce Edgington
Angela Finnerty
Mike Hinchliffe
Ruth Lindley-Glover
David Salter
John Wilson
I allow these Rules
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
13th December 2010


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the School Teachers’ Pay and Conditions Order 2010 and comes into force on 1st September 2010.
2
This Order applies to school teachers in England and Wales.
3
In this Order, “ the Document ” means the document entitled “School Teachers’ Pay and Conditions Document 2010 and Guidance on School Teachers’ Pay and Conditions” published on the website of the Department for Education.
The Document
2
The provisions set out in section 2 of the Document have effect on and after 1st September 2010 for the purposes of determining —
a
the remuneration of school teachers, and
b
other conditions of employment of school teachers which relate to their professional duties and working time.
Revocation
3
The Education (School Teachers’ Pay and Conditions) Order 2009 is revoked.
Michael Gove
Secretary of State
Department for Education
6th August 2010


text:
Citation and commencement
1
These Regulations may be cited as the End-of-Life Vehicles (Producer Responsibility) (Amendment) Regulations 2010 and shall come into force on 1st July 2010.
Amendments to the End-of-Life Vehicles (Producer Responsibility) Regulations 2005
2
1
The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 are amended as follows.
2
In regulation 8(3), for the words “paragraph (2)” substitute “paragraph (1)”.
3
In regulation 16(a), for the words “and (3)” substitute “, (3) and (9)”.
4
In regulation 18(5), for the words “1st April each” substitute “1st July each” and after the words “preceding year” add “in the format published by the Secretary of State”.
5
In regulation 18, after paragraph 5 insert —
6
The Secretary of State shall publish the format in which the details referred to in regulation 18(5) are to be submitted.
.
6
In regulation 19(2), for the words “before 1st April” substitute “by 1st July”.
7
In regulation 19, after paragraph (3) insert —
4
Where a person is under an obligation to send a certificate of compliance to the Secretary of State under this regulation, that certificate shall be submitted by —
a
where that person is an individual, that individual;
b
where that person is a partnership, a partner; and
c
where that person is a company, a director of that company.
.
8
Regulation 20 shall be omitted.
9
In regulation 23, for the words “A producer who fails to comply with any or all of the requirements of regulations — (a) 7(1), (2), (3), (4) or (9)” substitute —
1
A producer who fails to comply with any or all of the requirements of regulations —
a
7(1), (2), (3) or (9)
.
10
In paragraph (d) of Schedule 4, for the words “regulation 20” substitute “regulation 19”.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
29th March 2010