text:
PART 1
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Teesport (Land Acquisition) Order 2008 and shall come into force on 21st May 2008.
2
The Teesport Acts and Orders 1966 to 2008 and this Order may be cited together as the Teesport Acts and Orders 1966 to 2008.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“address” includes any number or address used for the purposes of electronic transmission;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“ the Company ” means PD Teesport Limited, a company incorporated under the Companies Act 1985 , whose registered number is 2636007;
“electronic transmission” means a communication transmitted —
by means of an electronic communications network; or
by other means but while in electronic form;
“harbour” has the same meaning as in section 3 (Interpretation) of the Tees and Hartlepools Port Authority Act 1966 ;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“ Northern Gateway Container Terminal ” means the development of that part of the harbour for which planning permission was granted by Redcar and Cleveland Borough Council on 4th October 2007 and which includes the area in the River Tees to be reclaimed under the provisions of the Teesport Harbour Revision Order 2008 ;
“ the tribunal ” means the Lands Tribunal; and
“the undertaking” means the harbour undertaking of the Company as authorised from time to time.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space over its surface.
3
All measurements stated in any description of lands in the book of reference shall be construed as if the words “or thereabouts” were inserted after each measurement.
PART 2
ACQUISITION AND POSSESSION OF LAND
Power to acquire land
3
1
Subject to paragraph (2), the Company may acquire compulsorily —
a
so much of the land shown coloured pink and edged black on the land plans and described in the book of reference; or
b
such estates, interests, easements, or other rights in or over the land, as may be required for, or in connection with, the Northern Gateway Container Terminal,
and may use any land so acquired for, or in connection with, the Northern Gateway Container Terminal or for any other purposes ancillary to the undertaking.
2
The Company shall not under the powers of this Order acquire compulsorily any interest held by BOC Limited in the land numbered 10 on the land plans.
3
This article is subject to article 6 (temporary use of land for construction of works).
Application of Part 1 of the Compulsory Purchase Act 1965
4
1
Part 1 of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part 1 of the 1965 Act, as so applied, shall have effect as if section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted.
Power to acquire new rights
5
1
The Company may acquire compulsorily such easements or other rights over any land referred to in paragraph (1) of article 3 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1), where the Company acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in that land.
3
Schedule 1 (modification of compensation and compulsory purchase enactments for creation of new rights) shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Temporary use of land for construction of works
6
1
The Company may, in connection with the construction of the Northern Gateway Container Terminal —
a
enter upon and take temporary possession of the land numbered 1a shown coloured pink and edged black on the land plans and described in the book of reference for the purpose of constructing Work No. 1 authorised by the Teesport Harbour Revision Order 2008;
b
remove any equipment and apparatus (including a conveyor) from that land; and
c
construct temporary works (including the provision of means of access) on that land.
2
Not less than 14 days before entering upon and taking temporary possession of land under this article the Company shall serve notice of the intended entry on the owners and occupiers of the land.
3
The Company may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in paragraph (1)(a).
4
Before giving up possession of land of which temporary possession has been taken under this article, the Company shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
5
The Company shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part 1 of the 1961 Act.
7
Without prejudice to article 13 (no double recovery), nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).
8
The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1) except that the Company shall not be precluded from acquiring new rights over any part of that land under article 5 (power to acquire new rights).
9
Where the Company takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
Section 13 of the 1965 Act shall apply to the temporary use of land pursuant to this article to the same extent as it applies to the acquisition of land under this Order by virtue of article 4(1) (application of Part 1 of the Compulsory Purchase Act 1965).
Disregard of certain interests and improvements
7
1
In assessing the compensation payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1), “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Extinction or suspension of private rights of way
8
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the date of acquisition of the land by the Company, whether compulsorily or by agreement; or
b
on the date of entry on the land by the Company under section 11(1) of the 1965 Act,
whichever is the sooner.
2
All private rights of way over land owned by the Company which, being within the limits of land which may be acquired shown on the land plans, are required for the purposes of this Order shall be extinguished on the appropriation of the land for any of those purposes by the Company.
3
All private rights of way over land of which the Company takes temporary possession under this Order shall be suspended and unenforceable for as long as the Company remains in lawful possession of the land.
4
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
5
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) applies.
Time limit for exercise of powers of acquisition
9
1
After the end of the period of 5 years beginning with the day on which this Order comes into force, no notice to treat shall be served under Part 1 of the 1965 Act as applied to the acquisition of land by article 4 (application of Part 1 of the Compulsory Purchase Act 1965).
2
The powers conferred by article 6 (temporary use of land for construction of works) shall cease at the end of the period referred to in paragraph (1), save that nothing in this paragraph shall prevent the Company remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART 3
MISCELLANEOUS AND GENERAL
Statutory undertakers etc.
10
The provisions of Schedule 2 (provisions relating to statutory undertakers etc.) shall have effect.
Certification of plans etc.
11
The Company shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plans to the Secretary of State for certification that they are, respectively, true copies of the book of reference and land plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
12
1
A notice or other document required or authorised to be served for the purposes of this Order may be served —
a
by post; or
b
with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted has given his consent to the use of electronic transmission either in writing or by electronic transmission.
6
Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that he requires a paper copy of all or any part of that notice or other document the sender shall provide such a copy as soon as reasonably practicable.
7
A person may revoke his consent to the use of electronic transmission in accordance with paragraph (8).
8
Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order —
a
he shall give notice in writing or by electronic transmission revoking any consent given by him for that purpose; and
b
such revocation shall be final and shall take effect on a date specified by the person in the notice but that date shall not be less than 7 days after the date on which the notice is given.
9
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
13
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
14
Any difference under any provision of this Order, unless otherwise provided for, shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State
Ellis Harvey
Head of Transport and Works Act Orders Unit
Department for Transport
30th April 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008 and come into force on 10th February 2009.
2
Subject to paragraphs (3) and (4), these Regulations apply in relation to the arrangements under which pupils are to be admitted to schools in England in the academic year 2011-2012 and subsequent years.
3
Regulation 11 (which introduces Schedule 2, which contains amendments to the School Admissions (Co-ordination of Admission Arrangements)(England) Regulations 2007) applies in relation to the arrangements under which pupils are to be admitted to schools in England in the academic year 2010-2011.
4
These Regulations do not apply to the Council of the Isles of Scilly.
Revocation
2
1
Subject to paragraph (2), the School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2007 are revoked.
2
This regulation does not have effect in relation to arrangements under which pupils are to be admitted to schools in England for the academic years up to and including 2010-2011.
Interpretation
3
1
In these Regulations —
“ SSFA 1998 ” means the School Standards and Framework Act 1998;
“academic year” means a period commencing with 1st August and ending with the next 31st July;
“admission year”, in relation to the admission of pupils to schools during a particular academic year in pursuance of an imposed scheme or a qualifying scheme, means that academic year;
“application”, in relation to arrangements made by a local education authority under section 86(1), means a parent’s expression of a preference as to the school at which he wishes primary or, as the case may be, secondary education to be provided for his child in the exercise of the authority’s functions;
“the authority” means the local education authority formulating a qualifying scheme in accordance with regulation 4, or for whose area an imposed scheme has been, or is to be, made;
“the determination year” means the academic year beginning two years before the admission year;
“imposed scheme” means a scheme for co-ordinating the arrangements for the admission of pupils to primary schools and secondary schools made by the Secretary of State under section 88M(2) and imposed in accordance with regulation 7;
“offer date” means the date designated by the authority in accordance with regulation 8 in the case of primary schools, or the date prescribed by regulation 9 in the case of secondary schools;
“offer year” means the academic year immediately preceding the admission year;
“qualifying scheme” means a scheme for co-ordinating the arrangements for the admission of pupils to primary schools and secondary schools in the local authority’s area formulated by an authority pursuant to section 88M(1)(a) and these Regulations;
“school” means a community, foundation or voluntary school;
“the 2007 Regulations ” means the School Admissions (Co-ordination of Admission Arrangements)(England) Regulations 2007; and
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
2
For the purposes of these Regulations an application is made in the course of a normal admission round if it is not a late application or an in-year application.
3
For the purposes of these Regulations an application is a late application if —
a
it is for the admission of a child to a relevant age group;
b
it is submitted before the first day of the first school term of the admission year; and
c
a determination relating to the application is not made by an authority on or before the offer date.
4
For the purposes of these Regulations an application is an in-year application if —
a
it is for the admission of a child to a relevant age group and it is submitted on or after the first day of the first school term of the admission year; or
b
it is for the admission of a child to an age group other than a relevant age group.
5
Save where otherwise appears, any reference in these Regulations to a numbered section is a reference to that section of SSFA 1998.
Formulation of qualifying schemes
4
1
An authority must formulate, in relation to any academic year to which these Regulations apply, a qualifying scheme in relation to each primary and secondary school in their area (a “qualifying scheme”).
2
A qualifying scheme must comply with the requirements in Schedule 1.
Action to be taken by an authority to secure adoption of a qualifying scheme
5
1
This regulation prescribes for the purposes of section 88M(1)(b) the action to be taken by an authority with a view to securing the adoption of a qualifying scheme by themselves and each governing body who are the admission authority for a primary school or secondary school in their area.
2
An authority must formulate a qualifying scheme by 1st January in the relevant determination year.
3
The authority must refer a qualifying scheme which they propose should be adopted in their area to the Admission Forum established for that area under section 85A .
4
The authority must consult the Admission Forum on the contents of the qualifying scheme.
5
Where —
a
the Admission Forum advises that the qualifying scheme is substantially different to the qualifying scheme adopted for the preceding academic year, or
b
the authority have not consulted on a qualifying scheme in accordance with this paragraph in either of the two preceding academic years,
the authority must consult the bodies mentioned in paragraph (6).
6
The bodies mentioned in this paragraph are —
a
each governing body who are the admission authority for a school in the authority’s area; and
b
any other local education authority as the authority may determine.
7
The consultation pursuant to paragraph (6)(b) must be undertaken with a view in particular to securing that the arrangements for the admission of pupils to schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.
8
Once the authority have carried out any consultation required under this regulation they must determine the qualifying scheme (either in its original form or with such modifications as the authority think fit) which they propose should apply for the academic year in question and must take all reasonable steps to secure its adoption by themselves and each governing body they consulted in relation to it.
Information to be provided to the Secretary of State
6
Following any action required to be taken under regulation 5, an authority must inform the Secretary of State whether they have secured the adoption of a qualifying scheme or not, and provide the Secretary of State with a copy of the adopted scheme.
Making of a scheme by the Secretary of State
7
1
In any case where by 15th April in the relevant determination year an authority have not informed the Secretary of State in accordance with regulation 6 that a scheme has been adopted in their area–
a
an imposed scheme may be made, or
b
where an imposed scheme has been made or has effect in relation to the preceding year and has not been revoked, the Secretary of State may notify the authority that that scheme continues to have effect in relation to the academic year immediately following.
2
An imposed scheme may make provision corresponding to the requirements of a qualifying scheme.
Date on which decisions in relation to primary school admissions are to be communicated to parents
8
1
Subject to paragraphs (2) and (3), an authority must designate a single day in each year as the day on which a determination made in accordance with the provisions of a qualifying scheme to offer or refuse a child admission to a primary school must be sent to a parent.
2
Where, in accordance with a qualifying scheme, children may be admitted to a relevant age group at a primary school in the authority’s area pursuant to more than one normal admission round, the authority must designate, in relation to each normal admission round, the single day on which a determination referred to in paragraph (1) must be sent to a parent.
3
The requirement in paragraph (1) to send a determination to offer or refuse a child admission to a primary school only applies to applications made in the course of a normal admission round.
Date on which decisions in relation to secondary school admissions are to be communicated to parents
9
1
Subject to paragraph (3), this regulation prescribes for the purposes of section 88M(4)(b), the single day in each year on which a determination made in accordance with the provisions of a qualifying scheme or an imposed scheme to offer or refuse a child admission to a secondary school must be sent to a parent.
2
The prescribed day is 1st March in the offer year, except that, in any year in which that day is not a working day, the prescribed day is the next working day.
3
The requirement in paragraph (1) to send a determination to offer or refuse a child admission to a secondary school only applies to applications made in the course of a normal admission round.
Sections 496 and 497 of the Education Act 1996
10
Sections 496 and 497 of the Education Act 1996 apply to an authority or a governing body as if any of the obligations imposed on them under a qualifying scheme or an imposed scheme were duties imposed on them under that Act.
Amendment of the 2007 Regulations
11
Schedule 2 contains amendments to the 2007 Regulations.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
3rd December 2008


text:
PART 1 INTRODUCTION
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Regulated Covered Bonds Regulations 2008 and come into force on 6th March 2008.
2
In these Regulations —
“the 1986 Act ” means the Insolvency Act 1986 ;
“the 2006 Act ” means the Companies Act 2006 ;
“the 1989 Order ” means the Insolvency (Northern Ireland) Order 1989 ;
“ the Act ” means the Financial Services and Markets Act 2000 ;
“asset” means any property, right, entitlement or interest;
“asset pool” has the meaning given by regulation 3;
“ the Authority ” means the Financial Services Authority;
“banking consolidation directive” means Directive 2006/48/ EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions ;
“centre of main interests” has the same meaning as in Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings ;
“connected person” has the meaning given by regulation 5;
“covered bond” means a bond in relation to which the claims attaching to that bond are guaranteed to be paid by an owner from an asset pool it owns;
“eligible property” has the meaning given by regulation 2;
“hedging agreement” means an agreement entered into or asset held as protection against possible financial loss;
“issuer” means a person which issues a covered bond;
“owner” has the meaning given by regulation 4;
“programme” means issues, or series of issues, of covered bonds which have substantially similar terms and are subject to a framework contract or contracts;
“registered office” has the meaning given by section 287 of the Companies Act 1985 (registered office) until the coming into force of section 86 of the 2006 Act (a company’s registered office) when it will have the meaning given in that section;
“register of issuers” means the register maintained under regulation 7(1)(a);
“register of regulated covered bonds” means the register maintained under regulation 7(1)(b);
“regulated covered bond” means a covered bond or a programme of covered bonds, as the case may be, which is admitted to the register of regulated covered bonds;
“relevant asset pool” in relation to a regulated covered bond means the asset pool from which the claims attaching to that bond are guaranteed to be paid by the owner of that pool in the event of the failure of the issuer;
“relevant persons” has the meaning given by regulation 27(2);
“ the Tribunal ” means the Financial Services and Markets Tribunal established under section 132 of the Act (the Financial Services and Markets Tribunal).
3
Unless otherwise defined, any expression used in these Regulations and in Article 22(4) of directive 85/611/ EEC of the Council of 20 December 1985 relating to undertakings for collective investment in transferable securities has the same meaning as in that Article of that Directive.
Eligible property
2
1
In these Regulations “eligible property” means any interest in —
a
eligible assets specified in and compliant with the requirements contained in paragraph 68 of Annex VI of the banking consolidation directive, provided that —
i
exposures to a body qualifying for credit quality step 2 on the credit quality assessment scale set out in that Annex shall not be eligible property; and
ii
senior units, issued by French Fonds Communs de Creances or by equivalent securitisation entities governed by the laws of the United Kingdom or an EEA state, securitising residential real estate or commercial real estate exposures may only be assessed as eligible assets if —
aa
the residential real estate or commercial real estate exposures secured were originated or acquired by the issuer or a connected person; and
bb
the senior units have a credit assessment by a nominated external credit assessment institution which is the most favourable category of credit assessment made by that external credit assessment institution;
b
loans to a registered social landlord or, in Northern Ireland, to a registered housing association where the loans are secured —
i
over housing accommodation; or
ii
by rental income from housing accommodation;
c
loans to a person (“A”) which provides loans directly to a registered social landlord or, in Northern Ireland, to a registered housing association, where the loans to A are secured directly or indirectly —
i
over housing accommodation; or
ii
by rental income from housing accommodation;
d
loans to a project company of a project which is a public-private partnership project where the loans are secured by payments made by a public body with step-in rights;
e
loans to a person (“B”) which provides loans directly to a project company of a project which is a public-private partnership project where the loans to B are secured directly or indirectly by payments made by a public body with step-in rights.
2
Eligible property (and any relevant security) must be situated in an EEA state, Switzerland, the United States of America, Japan, Canada, Australia, New Zealand, the Channel Islands or the Isle of Man.
3
In this regulation —
“the 1996 Act ” means the Housing Act 1996 ;
“the 2001 Act ” means the Housing (Scotland) Act 2001 ;
“housing accommodation” —
in England and Wales, has the meaning given by section 63 of the 1996 Act (minor modifications: Part 1);
in Scotland, has the meaning given by section 111 of the 2001 Act (interpretation); and
in Northern Ireland, has the meaning given by Article 2 of the Housing (Northern Ireland) Order 1981 ;
“project company” has the meaning given by paragraph 4H of Schedule A1 to the 1986 Act or, in Northern Ireland, paragraph 12 of Schedule A1 to the 1989 Order;
“public body” means a body which exercises public functions;
“public-private partnership project” has the meaning given by paragraph 4I of Schedule A1 to the 1986 Act or, in Northern Ireland, paragraph 13 of Schedule A1 to the 1989 Order;
“registered housing association” means a body registered as a housing association under Chapter II of Part II of the Housing (Northern Ireland) Order 1992 ;
“registered social landlord” —
in England and Wales, means a body registered as a social landlord under Part 1 of the 1996 Act; and
in Scotland, means a body registered as a social landlord under Part 3 of the 2001 Act;
“step-in rights” has the meaning given by paragraph 4J of Schedule A1 to the 1986 Act or, in Northern Ireland, paragraph 14 of Schedule A1 to the 1989 Order.
4
Unless otherwise defined, any expression used in this regulation and the banking consolidation directive has the same meaning as in that directive.
Asset Pool
3
1
Subject to paragraph (2), in these Regulations an “asset pool” comprises the following assets —
a
sums derived from the issue of regulated covered bonds and lent to the owner in accordance with regulation 16;
b
eligible property which is acquired by the owner using sums lent to it in accordance with regulation 22;
c
eligible property transferred to the asset pool by the issuer or a connected person to enable the issuer or owner, as the case may be, to comply with —
i
the requirements specified in regulation 17(2);
ii
a direction of the Authority under regulation 30; or
iii
an order of the court under regulation 33;
d
eligible property transferred to the asset pool by the issuer or a connected person for the purpose of over collateralisation;
e
contracts relating to the asset pool or to a regulated covered bond;
f
eligible property acquired by the owner using sums derived from any of the assets referred to in sub-paragraph (b), (c), (d) or (e);
g
sums derived from any of the assets referred to in sub-paragraph (b), (c), (d), (e) or (f); and
h
sums lent by persons (other than the issuer) to the owner to enable it to comply with the requirements specified in regulation 24(1)(a).
2
Any of the assets referred to in sub-paragraphs (a) to (f) and (h) of paragraph (1) may only form part of an asset pool at any time if they are recorded at that time, pursuant to arrangements made in accordance with regulation 17, 23 or 24, as being in that pool.
3
In paragraph (1), “over collateralisation” means the provision of additional assets that assist the payment from the relevant asset pool of claims attaching to a regulated covered bond in the event of the failure of the issuer.
Owner
4
In these Regulations “owner” means a person which —
a
owns an asset pool; and
b
issues a guarantee to pay from that asset pool claims attaching to a regulated covered bond in the event of a failure of the issuer of that bond.
Connected person
5
1
In these Regulations “connected person” in relation to an issuer means a person which —
a
is —
i
a parent undertaking of the issuer;
ii
a subsidiary undertaking of the issuer; or
iii
a subsidiary undertaking of a parent undertaking of the issuer;
b
has its registered office in the United Kingdom; and
c
either —
i
has its centre of main interests in the United Kingdom; or
ii
is authorised under Part 4 of the Act (permission to carry on regulated activities) to carry on the regulated activity referred to in article 5 (accepting deposits) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
2
In paragraph (1) “parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the 2006 Act (parent and subsidiary undertakings).
PART 2 THE AUTHORITY
Functions of the Authority
6
1
The Authority is to have the functions conferred on it by these Regulations.
2
The Authority’s general functions are —
a
its functions in relation to the giving of guidance under regulation 42; and
b
its function of determining the general policy and principles by reference to which it performs particular functions under these Regulations.
3
In discharging its general functions the Authority must have regard to —
a
the need to preserve investor confidence in, and the desirability of maintaining the good reputation of, the regulated covered bonds sector in the United Kingdom by the issuance of high quality regulated covered bonds;
b
the international character of financial services and markets and the desirability of maintaining the competitive position of the United Kingdom;
c
the need to use its resources in the most efficient and economic way;
d
the principle that a burden or restriction which is imposed on a person, or on the carrying on of an activity, should be proportionate to the benefits, considered in general terms, which are expected to result from the imposition of that burden or restriction;
e
the need to minimise the adverse effects on competition that may arise from anything done in the discharge of those functions;
f
the desirability of facilitating competition in relation to regulated covered bonds.
PART 3 REGISTRATION
Registers
7
1
The Authority must maintain —
a
a register of issuers; and
b
a register of regulated covered bonds.
2
The Authority must publish the registers in such manner and at such times as it may determine.
Applications for registration
8
A person who proposes to issue a covered bond or a programme of covered bonds may apply to the Authority, in such manner as the Authority may direct —
a
for admission to the register of issuers; or
b
for the covered bond or the programme of covered bonds to be admitted to the register of regulated covered bonds.
Applications for admission to the register of issuers
9
Subject to regulation 11, the Authority must grant an application under regulation 8(a) if it is satisfied that the applicant —
a
has its registered office in the United Kingdom;
b
is authorised under Part 4 of the Act (permission to carry on regulated activities) to carry on the regulated activity referred to in article 5 (accepting deposits) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;
c
will comply with the requirements imposed upon issuers by or under these Regulations; and
d
complies with any other requirements imposed by the Authority in relation to the application.
Applications for admission to the register of regulated covered bonds
10
1
The Authority may not entertain an application under regulation 8(b) in respect of a covered bond or programme of covered bonds unless it knows —
a
the identity of the owner of the relevant asset pool;
b
the assets intended to be included in that asset pool; and
c
the arrangements to be made under regulation 17.
2
The Authority may grant an application under regulation 8(b) if it is satisfied that —
a
the applicant is an issuer which is admitted to the register of issuers;
b
the applicant and the owner of the relevant asset pool will comply with the requirements imposed upon them by or under these Regulations; and
c
the applicant complies with any other requirements imposed by the Authority in relation to the application.
Refusal of applications for registration
11
An application under regulation 8 may be refused if, for any reason relating to —
a
in the case of an application under regulation 8(a), the applicant; or
b
in the case of an application under regulation 8(b), the issuer, the owner of the relevant asset pool or the quality of that asset pool,
the Authority considers that granting it would be detrimental to the interests of investors in regulated covered bonds or to the maintenance of the good reputation of the regulated covered bond sector in the United Kingdom.
Applications: supplementary
12
1
The applicant must provide any information which the Authority requires in connection with an application under regulation 8 in such form, and verified in such manner, as the Authority may direct.
2
At any time after receiving an application under regulation 8 and before determining it, the Authority may require the applicant to provide such further information as it reasonably considers necessary to enable it to determine the application.
3
Different directions may be given, or requirements imposed, by the Authority with respect to different applications or categories of application.
Decision on the application
13
1
The Authority must notify the applicant of its decision on an application under regulation 8 —
a
before the end of the period of six months beginning with the date on which the application is received; or
b
if within that period the Authority has required the applicant to provide further information in connection with the application, before the end of the period of six months beginning with the date on which that information is provided.
2
The applicant may withdraw its application by giving the Authority written notice at any time before the Authority determines it.
3
If the Authority decides to grant an application under regulation 8, it must give the applicant written notice of its decision.
4
If the Authority proposes to refuse an application under regulation 8, it must give the applicant a warning notice.
5
The Authority must, having considered any representations made in response to the warning notice —
a
if it decides to refuse the application under regulation 8, give the applicant a decision notice; or
b
if it grants the application, give the applicant written notice of its decision.
6
If the Authority decides to refuse an application under regulation 8, the applicant may refer the matter to the Tribunal.
Admission to the registers
14
1
If the Authority decides to grant an application under regulation 8 it must, within seven days of the date on which it gave written notice under regulation 13(3) or (5)(b), admit —
a
the applicant to the register of issuers; or
b
the covered bond or the programme of covered bonds to the register of regulated covered bonds.
2
The Authority may remove a regulated covered bond from the register of regulated covered bonds only after the expiry of the whole period of validity of that bond.
PART 4 ISSUERS
Acting without registration
15
1
A person may not issue, or purport to issue, a regulated covered bond unless —
a
it is admitted to the register of issuers; and
b
the bond is admitted to the register of regulated covered bonds.
2
A person which has been removed from the register of issuers may not make any further issue under a programme of covered bonds which has been admitted to the register of regulated covered bonds.
3
Contravention of the prohibition in paragraph (1) or (2) by a person is a contravention of a requirement imposed on it by these Regulations, but does not —
a
make any transaction void or unenforceable; or
b
give rise to any right of action for breach of statutory duty.
Sums derived from the issue of regulated covered bonds
16
An issuer must lend sums derived from the issue of a regulated covered bond to the owner of the relevant asset pool.
General requirements
17
1
An issuer of a regulated covered bond must enter into arrangements with the owner of the relevant asset pool for the maintenance and administration of that pool.
2
The arrangements must provide for the following requirements —
a
a record is kept of each asset in the asset pool;
b
the asset pool is, during the whole period of validity of the regulated covered bond, capable of covering —
i
claims attaching to the bond; and
ii
sums required for the maintenance, administration and winding up of the asset pool;
c
there is timely payment of claims attaching to the bond to the regulated covered bond holder; and
d
the asset pool is of sufficient quality to give investors confidence that in the event of the failure of the issuer there will be a low risk of default in the timely payment by the owner of claims attaching to the bond.
3
This regulation does not apply in the event of the insolvency of the issuer.
Notification requirements
18
1
An issuer must give the Authority such information in respect of —
a
any regulated covered bond it issues;
b
any series of covered bonds issued or proposed to be issued under a regulated covered bond;
c
the assets in the relevant asset pool;
d
the steps it has taken to comply with regulation 16 or 17;
as the Authority may direct.
2
The issuer of a regulated covered bond must inform the Authority if at any time any of the requirements specified in regulation 17(2) are not, or are not likely to be, satisfied in respect of the relevant asset pool.
3
The information required under paragraphs (1) and (2) must be given at such times, in such form and verified in such manner, as the Authority may direct.
Change of issuer
19
1
An issuer of a regulated covered bond may transfer the benefits and obligations accruing to or falling upon it under all contracts relating to the relevant asset pool to another person only if that person has been admitted to the register of issuers.
2
Where a transfer takes place in accordance with paragraph (1), that person shall be an issuer of that regulated covered bond for the purposes of these Regulations.
Material changes to the regulated covered bond
20
1
Where an issuer of a regulated covered bond proposes to make a material change to the contractual terms of the bond, it must give the Authority such —
a
notice of the proposed change; and
b
information in respect of the proposed change;
as the Authority may direct.
2
The information required under paragraph (1) must be given at such time, in such form and verified in such manner, as the Authority may direct.
3
If it appears to the Authority that the proposed change will not prevent the issuer and owner of the relevant asset pool from continuing to comply with the requirements imposed on them by or under these Regulations, it must give the issuer written notice of its decision to approve the change before the end of a period of 3 months beginning with the date on which the information required under paragraph (1) is provided.
4
If it appears to the Authority that the proposed change may prevent the issuer or the owner of the relevant asset pool from complying with the requirements imposed upon them by or under these Regulations, it may decide not to approve the change and give the issuer a decision notice.
5
If the Authority proposes to give a decision notice under paragraph (4), it must give the issuer a warning notice before the end of a period of 3 months beginning with the date on which the information required under paragraph (1) is provided.
6
The Authority must, having considered any representations made in response to the warning notice —
a
if it decides to do so, give a decision notice under paragraph (4); or
b
if it decides not to give a decision notice, give the issuer a notice of discontinuance and written notice of its decision to approve the change.
7
If the Authority gives a decision notice under paragraph (4), the issuer may refer the matter to the Tribunal.
8
The issuer may not make the proposed change before it has received a written notice from the Authority approving the change.
PART 5 OWNERS
Prohibition
21
1
A person may not be an owner unless it —
a
is a company or limited liability partnership; and
b
has its registered office and centre of main interests in the United Kingdom.
2
Regulation 15(3) applies to a contravention of the prohibition in paragraph (1) as it applies to a contravention of the prohibition in regulation 15(1) or (2).
3
In paragraph (1) —
“company” has the meaning given by section 1 of the 2006 Act (companies);
“limited liability partnership” has the meaning given by section 1 of the Limited Liability Partnerships Act 2000 (limited liability partnerships) .
Sums derived from the issue of regulated covered bonds
22
1
The owner of the relevant asset pool must —
a
use all sums lent to it by the issuer of a regulated covered bond to acquire eligible property; and
b
keep such property in the relevant asset pool.
2
Until the owner uses the sums referred to in paragraph (1) to acquire eligible property, it must keep such sums in the relevant asset pool.
Requirements relating to the asset pool
23
1
The owner of the relevant asset pool must enter into arrangements with the issuer of a regulated covered bond for the maintenance and administration of the asset pool.
2
The arrangements must provide for the requirements specified in regulation 17(2).
24
1
On the insolvency of the issuer of a regulated covered bond, the owner of the relevant asset pool must —
a
make arrangements for the maintenance and administration of the asset pool which provide for the following requirements —
i
a record is kept of each asset in the asset pool;
ii
the asset pool is capable of covering —
aa
claims attaching to the bond; and
bb
sums required for the maintenance, administration and winding up of the asset pool;
iii
there is timely payment of claims attaching to the bond to the regulated covered bond holder;
b
give the Authority such information in respect of —
i
the composition of the asset pool; and
ii
the steps it has taken to comply with sub-paragraph (a);
as the Authority may direct; and
c
inform the Authority if at any time any of the requirements set out in sub-paragraph (a)(ii) or (iii) are not, or are not likely to be, satisfied.
2
The information required under paragraph (1)(b) and (c) must be given at such times, in such form and verified in such manner, as the Authority may direct.
Change of owner
25
1
Where a regulated covered bond has been issued and the owner of the relevant asset pool proposes to transfer ownership of the asset pool and the benefits and obligations accruing to or falling upon it under all contracts relating to the asset pool to another person, it must make arrangements to give the Authority such —
a
notice of the proposed change of ownership; and
b
information in respect of the proposed new owner;
as the Authority may direct.
2
The information required under paragraph (1) must be given at such time, in such form and verified in such manner, as the Authority may direct.
3
If it appears to the Authority that the proposed owner will comply with the requirements imposed by arrangements made pursuant to regulation 23 or, as the case may be, 24(1)(a) it must give the owner written notice of its decision to approve the change before the end of a period of 3 months beginning with the date on which the information required under paragraph (1) is provided.
4
If it appears to the Authority that the proposed owner will be unable to comply with any of those requirements it may decide not to approve the change and give the owner a decision notice.
5
If the Authority proposes to give a decision notice under paragraph (4), it must give the owner a warning notice before the end of a period of 3 months beginning with the date on which the information required under paragraph (1) is provided.
6
The Authority must, having considered any representations made in response to the warning notice —
a
if it decides to do so, give a decision notice under paragraph (4); or
b
if it decides not to give a decision notice, give the owner a notice of discontinuance and written notice of its decision to approve the change.
7
If the Authority gives a decision notice under paragraph (4), the owner may refer the matter to the Tribunal.
8
The owner may not transfer the asset pool to a proposed new owner before it has received a written notice from the Authority approving the change.
Transfer of title
26
Where an issuer of a regulated covered bond or a connected person holds any interest in an asset in the relevant asset pool on behalf of the owner, a liquidator or administrator appointed to wind up that issuer or connected person must, as soon as reasonably practicable, transfer or assist in the transfer of that interest to the owner.
PART 6 PRIORITY OF PAYMENT
Priority in a winding up
27
1
Subject to —
a
section 115 of the 1986 Act (expenses of voluntary winding up) or, in Northern Ireland, article 100 of the 1989 Order (expenses of voluntary winding up); and
b
the priority of the expenses of the winding up in a compulsory liquidation;
where an owner is wound up, the claims of relevant persons shall be paid from the relevant asset pool in priority to all other creditors.
2
“Relevant persons” are —
a
regulated covered bond holders;
b
persons providing services for the benefit of those bond holders;
c
the counter-parties to hedging instruments which are incidental to the maintenance and administration of the asset pool or to the terms of the regulated covered bond; and
d
persons (other than the issuer) providing a loan to the owner to enable it to satisfy the claims of the persons mentioned in sub-paragraph (a), (b) or (c).
3
The claims of the persons mentioned in paragraph (2)(b), (c) and (d) may rank equally with, but not in priority to, the claims of the persons mentioned in paragraph (2)(a).
Realisation of a charge
28
1
Subject to regulation 29, if —
a
any asset comprised in the asset pool is charged as security for claims in priority to any charge over that asset granted to secure the claims of relevant persons; and
b
the charge which has priority is realised at any time when the owner is not in the course of being wound up;
the proceeds of the realisation of that charge must, after payment of the expenses referred to in regulation 29 and any other expenses relating to that charge, be first applied to satisfy the claims of relevant persons at such time as those claims fall due for payment.
2
Subject to regulation 29, if —
a
any asset comprised in the asset pool is charged as security for several claims;
b
any agreement between the creditors of that charge gives priority to the claims of any person above the claims of the relevant persons; and
c
that charge is realised at any time when the owner is not in the course of being wound up;
the proceeds of the realisation of that charge must, after payment of the expenses referred to in regulation 29 and any other expenses relating to that charge, be first applied to satisfy the claims of the relevant persons at such time as those claims fall due for payment.
Expenses
29
1
Costs properly incurred by a liquidator, provisional liquidator, administrator, administrative receiver, receiver or manager of the owner in relation to —
a
persons providing services for the benefit of regulated covered bond holders;
b
the counter-parties to hedging instruments which are incidental to the maintenance and administration of the asset pool or to the terms of the regulated covered bond; or
c
persons (other than the issuer) providing a loan to the owner to enable it to meet the claims of regulated covered bond holders or pay costs falling within sub-paragraph (a) or (b);
shall be expenses incurred in a winding up, administration, administrative receivership or receivership of the owner, as the case may be.
2
Such expenses shall be payable out of —
a
the proceeds of the realisation of the charge, in the case of a receivership; or
b
the assets of the owner, in an administration, winding up or provisional liquidation,
and shall rank equally among themselves in priority to all other expenses.
PART 7 ENFORCEMENT
Authority’s power to give directions
30
1
If it appears to the Authority that a person has failed, or is likely to fail, to comply with any requirement imposed on it by or under these Regulations, the Authority may direct that person to take specified steps for the purpose of securing its compliance with any such requirement.
2
If it appears to the Authority that an owner has failed, or is likely to fail, to comply with any requirement imposed on it by or under these Regulations, the Authority may direct the winding up of that person.
3
A direction under this regulation is enforceable, on the application of the Authority, by an injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988 (restoration of possession and specific performance).
Removal from the register
31
1
The Authority may remove an issuer from the register of issuers —
a
at the issuer’s request;
b
with its consent; or
c
if it appears to the Authority that the issuer is failing, or has failed, to comply with any requirement imposed on it by or under these Regulations.
2
But these Regulations (apart from regulation 15(2)) apply to a person which has been removed from the register of issuers as if it were still a person which is admitted to the register.
Directions and revocation: procedure
32
1
Before —
a
giving a direction under regulation 30; or
b
removing an issuer from the register of issuers under regulation 31(1)(c),
the Authority must give a warning notice to the person concerned.
2
If, having considered any representations, the Authority decides to —
a
make the direction; or
b
remove the issuer from the register of issuers,
the Authority must give that person a decision notice.
3
If the Authority decides not to —
a
make a direction; or
b
remove the issuer from the register of issuers,
it must give that person written notice of its decision.
4
If the Authority decides to —
a
make a direction; or
b
remove the issuer from the register of issuers,
the person concerned may refer the matter to the Tribunal.
Powers of the court
33
1
If, on the application of the Authority, the court is satisfied that —
a
there is a reasonable likelihood that a person will contravene a requirement imposed on it by or under these Regulations; or
b
a person has contravened any such requirement and there is a reasonable likelihood that the contravention will continue or be repeated,
the court may make an order restraining (or in Scotland an interdict prohibiting) the contravention.
2
If, on the application of the Authority, the court is satisfied that —
a
a person has contravened a requirement imposed on it by or under these Regulations; and
b
there are steps which could be taken for remedying the contravention;
the court may make an order requiring that person, and any other person who appears to have been knowingly concerned in the contravention, to take such steps as the court may direct to remedy it.
3
The jurisdiction conferred by this regulation is exercisable by the High Court, the Court of Session and the Northern Ireland High Court.
4
In paragraph (2), references to remedying a contravention include references to mitigating its effect.
Financial penalties
34
1
The Authority may impose a penalty of such amount as it considers appropriate on a person which has contravened a requirement imposed on it by or under these Regulations.
2
A penalty imposed under this regulation is payable to the Authority.
3
The Authority may not take action against a person under this regulation after the end of the period of two years beginning with the first day on which it knew of the contravention unless proceedings against that person, in respect of the contravention, were begun before the end of that period.
4
For the purposes of paragraph (3) —
a
the Authority is to be treated as knowing of a contravention if it has information from which the contravention can reasonably be inferred; and
b
proceedings against a person in respect of a contravention are to be treated as begun when a warning notice is given to it under regulation 35.
35
1
Where the Authority proposes to impose a penalty under regulation 34, it must give the person concerned a warning notice.
2
The warning notice must state the amount of the proposed penalty and the Authority’s reasons for imposing it.
3
If, having considered any representations made in response to the warning notice, the Authority decides to impose a penalty under regulation 34, it must without delay give the person concerned a decision notice.
4
The decision notice must state the amount of the penalty.
5
If the Authority decides to impose a penalty on a person under regulation 34, that person may refer the matter to the Tribunal.
36
Sections 210 (statements of policy) and 211 (statements of policy: procedure) of the Act are to apply in respect of the imposition of penalties under these Regulations and the amount of such penalties as they apply in respect of the imposition of penalties under Part 14 of the Act (disciplinary measures) and the amount of penalties under that Part of that Act.
37
Paragraph 16 (penalties) of Schedule 1 to the Act is to apply for the purposes of these Regulations as it applies for the purposes of the Act but with the following modifications —
a
in sub-paragraph (1) for “this Act” substitute “the Regulated Covered Bonds Regulations 2008”;
b
in sub-paragraph (2) for “authorised persons” substitute “issuers (within the meaning given by regulation 1(2) of the Regulated Covered Bond Regulations 2008)”;
c
omit sub-paragraphs (3) and (13).
Offence of misleading the Authority
38
1
Subsections (1) and (3) of section 398 (misleading the Authority: residual cases) of the Act are to apply in respect of requirements imposed by or under these Regulations as they apply in respect of requirements imposed by or under the Act.
2
Section 400 (offences by bodies corporate etc ) and subsections (2), (3), (5) and (6) of section 401 (proceedings for offences) of the Act are to apply for the purposes of paragraph (1) as they apply for the purposes of the Act.
PART 8 THE TRIBUNAL
Functions of the Tribunal
39
The Tribunal is to have the functions conferred on it by these Regulations.
Hearings and appeals
40
Part 9 of the Act (hearings and appeals) is to apply for the purposes of these Regulations as it applies for the purposes of the Act.
PART 9 MISCELLANEOUS
Notification of the Commission
41
The Authority must, in such manner and at such times as it may determine, notify the European Commission of —
a
issuers included in the register of issuers;
b
regulated covered bonds included in the register of regulated covered bonds; and
c
the status of the guarantees offered in respect of such bonds.
Guidance
42
1
The Authority may give guidance consisting of such information and advice as it considers appropriate —
a
with respect to the operation of these Regulations;
b
with respect to any matters relating to functions of the Authority under these Regulations;
c
with respect to any other matters about which it appears to the Authority to be desirable to give information or advice.
2
The Authority must give guidance consisting of information and advice about the quality of an asset pool for the purposes of the requirement specified in regulation 17(2)(d) and the manner in which it will assess the issuer’s and owner’s compliance with that requirement.
3
Guidance given under paragraph (2) must include information and advice on the factors which the Authority will take into account, such as —
a
fluctuations in the value of assets and the income from assets;
b
fluctuations in the value of interest and exchange rates;
c
geographical concentration and diversification of assets in the asset pool;
d
the risk of loss if a person fails to perform its obligations, or fails to perform them in a timely manner; and
e
counterparty credit risk, in particular, in relation to any interest rate, currency or other hedging instruments relating to the asset pool.
4
Subject to paragraph (5), if the Authority proposes to give guidance under this regulation to issuers or owners generally, or to a class of issuer or owner, subsections (1), (2)(d) and (4) of section 155 of the Act (consultation) apply to the proposed guidance as they apply to proposed rules made under the Act, unless the Authority considers that the delay in complying with them would be prejudicial to the interests of regulated covered bond holders.
5
Paragraph (4) shall not apply to the first guidance given pursuant to paragraph (2).
6
The Authority may —
a
publish its guidance;
b
offer copies of its published guidance for sale at a reasonable price; and
c
if it gives guidance in response to a request made by any person, make a reasonable charge for that guidance.
Disclosure of information
43
1
Sections 348 (restrictions on disclosure of confidential information by Authority), 349 (exceptions from section 348) and 352 (offences) of the Act apply to confidential information disclosed under these Regulations as they apply to confidential information under the Act.
2
In paragraph (1) “confidential information” has the meaning given by section 348 of the Act.
Warning notices and decision notices
44
Part 26 of the Act (notices) is to apply for the purposes of these Regulations as it applies for the purposes of the Act.
Authority’s exemption from liability in damages
45
The functions of the Authority under these Regulations are to be treated for the purposes of paragraph 19 (exemption from liability in damages) of Part 4 of Schedule 1 to the Act as functions conferred on the Authority under that Act.
Modifications of primary and secondary legislation
46
The Schedule (which modifies primary and secondary legislation) has effect.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
13th February 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Double Taxation Relief (Surrender of Relievable Tax Within a Group) (Amendment) Regulations 2008 and shall come into force on 30th October 2008.
2
These Regulations shall have effect in relation to accounting periods beginning on or after 1st January 2008 and ending after the date these Regulations come into force.
Amendment of the Double Taxation Relief (Surrender of Relievable Tax Within a Group) Regulations 2001
2
1
The Double Taxation Relief (Surrender of Relievable Tax Within a Group) Regulations 2001 are amended as follows.
2
In the definition of “the relevant fraction” in paragraph (5) of regulation 4 (amount of EUFT available for surrender) for “section 89(1B) of that Act” substitute “section 431(2YB) of the Income and Corporation Taxes Act 1988 ”.
Dave Hartnett
8th October 2008
Mike Eland
9th October 2008
Two of the Commissioners for Her Majesty’s Revenue and Customs


text:
Title, commencement and interpretation
1
1
The title of this Order is the Abertawe Bro Morgannwg University National Health Service Trust (Establishment) Order 2008 and it comes into force on 12 March 2008.
2
In this Order unless the context otherwise requires —
“the Act” (“ y Ddeddf ”) means the National Health Service (Wales) Act 2006;
“community health services” (“ gwasanaethau iechyd cymunedol ”) means any service which the Welsh Ministers may provide under section 3(1) of or Schedule 1 to the Act;
“establishment date” (“ dyddiad sefydlu ”) means 12 March 2008;
“operational date” (“ dyddiad gweithredol ”) has the meaning assigned to it in paragraph 5(5) of Schedule 3 to the Act;
“the trust” (“ yr ymddiriedolaeth ”) means the Abertawe Bro Morgannwg University National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established a National Health Service trust which is called the Abertawe Bro Morgannwg University National Health Service Trust or Ymddiriedolaeth Brifysgol Gwasanaeth Iechyd Gwladol Abertawe Bro Morgannwg.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 18(1) of the Act.
2
The trust’s functions are —
a
to provide goods and services (including hospital accommodation and community health services) from —
i
Cefn Coed Hospital, Waunarlwydd Road, Cockett, Swansea, SA2 0GH,
ii
Glanrhyd Hospital, Tondu Road, Bridgend, CF31 4LN,
iii
Morriston Hospital, Morriston, Swansea SA6 6NL,
iv
Neath Port Talbot Hospital, Baglan Way, Port Talbot, SA12 7BX,
v
Princess of Wales Hospital, Coity Road, Bridgend CF31 1RQ,
vi
Singleton Hospital, Sketty, Swansea, SA2 8QA,
and associated hospitals and premises; and
b
to provide to or in relation to the health service in Wales procurement services and to procure goods and services for the purpose of the health service in Wales.
Directors of the Trust
4
1
The trust has, in addition to the chairman, 7 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(3) of Schedule 3 to the Act, one of the non-executive directors is to be appointed from Swansea University.
Operational date and accounting date of the trust
5
1
The operational date of the trust is 1 April 2008.
2
The accounting date of the trust is 31 March .
Limited functions before operational date
6
Between its establishment date and its operational date the trust has the functions-
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
11 March 2008


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Childcare (Fees) Regulations 2008 and come into force on 1st September 2008.
Interpretation
2
In these Regulations —
“the 1989 Act ” means the Children Act 1989 ;
“the 2006 Act ” means the Childcare Act 2006;
“nominated individual” has the meaning given in —
paragraph 9 of Schedule 2 to the Childcare (Early Years Register) Regulations 2008 , in relation to a person registered in the early years register ;
paragraph 6 of Schedule 2 to the Childcare (General Childcare Register) Regulations 2008 , in relation to a person registered in Part A of the general childcare register ;
paragraph 6 of Schedule 5 to the Childcare (General Childcare Register) Regulations 2008, in relation to a person registered in Part B of the general childcare register.
PART 2 Application fees
Application fee for the early years register: early years childminders
3
In the case of an application for registration made under section 35(1) of the 2006 Act, the prescribed fee which must accompany the application is £25.
Application fee for the early years register: other early years providers
4
In the case of an application for registration made under section 36(1) of the 2006 Act —
a
where the applicant intends to provide the early years provision for —
i
less than 3 hours per day,
ii
less than 5 days per week, or
iii
less than 45 weeks per year,
the prescribed fee which must accompany the application is £25;
b
where the applicant intends to provide the early years provision for —
i
3 or more hours per day,
ii
5 or more days per week, and
iii
45 or more weeks per year,
the prescribed fee which must accompany the application is £180.
Application fee for Part A of the general childcare register: later years childminders
5
In the case of an application for registration under section 54(1) of the 2006 Act, the prescribed fee which must accompany the application is £103.
Application fee for Part A of the general childcare register: other later years providers
6
In the case of an application for registration under section 55(1) of the 2006 Act, the prescribed fee which must accompany the application is £114.
Application fee for Part B of the general childcare register: childminders
7
In the case of an application for registration under section 62(1) of the 2006 Act, the prescribed fee which must accompany the application is £103.
Application fee for Part B of the general childcare register: other childcare providers
8
In the case of an application for registration under section 63(1) of the 2006 Act, the prescribed fee which must accompany the application is £114.
PART 3 Annual fees
Annual fee for childminders registered in the early years register
9
1
A person who is registered as an early years childminder under section 37(1) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (3).
2
The prescribed fee is £25.
3
The prescribed time is —
a
in the case of a person who immediately before 1st September 2008 was registered under section 79F(1) of the 1989 Act, the day in each year which is the anniversary of the date on which the person became registered under that provision, or
b
in all other cases, the day in each year which is the anniversary of the date on which the person became registered under section 37(1) of the 2006 Act.
Annual fee for other early years providers registered in the early years register
10
1
A person who is registered as an early years provider (other than a childminder) under section 37(2) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) or (3) at or by the time prescribed in paragraph (5) or (6).
2
In a case where the early years provision is provided for —
a
less than 3 hours per day,
b
less than 5 days per week, or
c
less than 45 weeks per year,
the prescribed fee is £25.
3
In a case where the early years provision is provided for —
a
3 or more hours per day,
b
5 or more days per week, and
c
45 or more weeks per year,
the prescribed fee is £180.
4
Paragraphs (5) and (7) apply in the case of an early years provider who —
a
becomes registered under section 37(2) of the 2006 Act on 1st September 2008, and
b
immediately before 1st September 2008 —
i
the early years provider, or
ii
in the case of a domestic group provider, the person who is the nominated individual,
was registered under section 79F(1) or (2) of the 1989 Act.
5
The prescribed time is the day in each year which is the anniversary of the date on which —
i
the early years provider, or
ii
in the case of a domestic group provider, the person who is the nominated individual,
became registered under section 79F(1) or (2) of the 1989 Act.
6
In all other cases, the prescribed time is the day in each year which is the anniversary of the date on which the early years provider became registered under section 37(2) of the 2006 Act.
7
In relation to an annual fee which is payable by an early years provider referred to in paragraph (4) before 1st September 2010, in determining the amount of the fee payable —
a
paragraph (2)(a) is to have effect as if the reference in that provision to 3 hours was a reference to 4 hours; and
b
paragraph (3)(a) is to have effect as if the reference in that provision to 3 or more hours per day was a reference to 4 or more hours per day.
8
In this regulation, “domestic group provider” means an early years provider who —
a
provides early years provision on domestic premises,
b
is registered under section 37(2) of the 2006 Act as an early years provider other than a childminder, and
c
is a partnership, body corporate or unincorporated association.
Annual fee for later years childminders registered in Part A of the general childcare register
11
1
Subject to regulation 13, a person who is registered as a later years childminder under section 56(1) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (3).
2
The prescribed fee is £103.
3
The prescribed time is —
a
in the case of a person who immediately before 1st September 2008 was registered under section 79F(1) of the 1989 Act, the day in each year which is the anniversary of the date on which the person became registered under that provision, or
b
in all other cases, the day in each year which is the anniversary of the date on which the person became registered under section 56(1) of the 2006 Act
Annual fee for other later years providers registered in Part A of the general childcare register
12
1
Subject to regulation 13, a person who is registered as a later years provider (other than a childminder) under section 56(2) must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (4) or (5).
2
The prescribed fee is £114.
3
Paragraph (4) applies in the case of a later years provider who —
a
becomes registered under section 56(2) of the 2006 Act on 1st September 2008, and
b
immediately before 1st September 2008 —
i
the later years provider, or
ii
in the case of a domestic group provider, the person who is the nominated individual,
was registered under section 79F(1) or (2) of the 1989 Act.
4
The prescribed time is the day in each year which is the anniversary of the date on which —
a
the later years provider, or
b
in the case of a domestic group provider, the person who is the nominated individual,
became registered under section 79F(1) or (2) of the 1989 Act.
5
In all other cases, the prescribed time is the day in each year which is the anniversary of the date on which the later years provider became registered under section 56(2) of the 2006 Act.
6
In this regulation, “domestic group provider” means a later years provider who —
a
provides later years provision on domestic premises,
b
is registered under section 56(2) of the 2006 Act as a later years provider other than a childminder, and
c
is a partnership, body corporate or unincorporated association.
Further provision about annual fees for Part A of the general childcare register
13
1
Regulation 11 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered as an early years childminder under section 37(1) of the 2006 Act.
2
Regulation 12 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered as an early years provider (other than a childminder) under section 37(2) of the 2006 Act.
Annual fee for childminders registered in Part B of the general childcare register
14
1
Subject to regulation 16, a person who is registered under section 64(1) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (3).
2
The prescribed fee is £103.
3
The prescribed time is —
a
in the case of a person who immediately before 1st September 2008 was registered under section 79F(1) of the 1989 Act, the day in each year which is the anniversary of the date on which the person became registered under that provision;
b
in any other case, the day in each year which is the anniversary of the date on which the person became registered under section 64(1) of the 2006 Act.
Annual fee for other childcare providers registered in Part B of the general childcare register
15
1
Subject to regulation 16, a person who is registered under section 64(2) of the 2006 Act must pay to the Chief Inspector the fee prescribed in paragraph (2) at or by the time prescribed in paragraph (4) or (5).
2
The prescribed fee is £114.
3
Paragraph (4) applies in the case of an early years or later years provider who —
a
becomes registered under section 64(2) of the 2006 Act on 1st September 2008, and
b
immediately before 1st September 2008 —
i
the early or later years provider, or
ii
in the case of a domestic group provider, the person who is the nominated individual,
was registered under section 79F(1) or (2) of the 1989 Act.
4
The prescribed time is the day in each year which is the anniversary of the date on which —
a
the early or later years provider, or
b
in the case of a domestic group provider, the person who is the nominated individual,
became registered under section 79F(1) or (2) of the 1989 Act.
5
In any other case, the prescribed time is the day in each year which is the anniversary of the date on which the person became registered under section 64(2) of the 2006 Act.
6
In this regulation, “domestic group provider” means an early years or later years provider who —
a
provides childcare on domestic premises,
b
is registered under section 64(2) as a provider of childcare other than childminding, and
c
is a partnership, body corporate or unincorporated association.
Further provision about annual fees for Part B of the general childcare register
16
1
Regulation 14 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered —
a
as an early years childminder under section 37(1) of the 2006 Act, or
b
as a later years childminder under section 56(1) of the 2006 Act.
2
Regulation 15 does not apply in any case where, on the date on which the annual fee would otherwise be payable, the person by whom that annual fee would be payable is also registered —
a
as an early years provider (other than a childminder) under section 37(2) of the 2006 Act, or
b
as a later years provider (other than a childminder) under section 56(2) of the 2006 Act.
PART 4 Fees for certificates
Fee payable for copy certificate where original is lost or destroyed
17
For the purposes of sections 37(5), 56(5), 64(5) and 92(5) of the 2006 Act, the prescribed fee for a copy of a certificate of registration or combined certificate of registration that has been lost or destroyed is £7.00.
Beverley Hughes
Minister of State
Department for Children, Schools and Families
3rd July 2008


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008 and come into force on the day after the day on which they are made.
2
These Regulations extend to Great Britain.
Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
2
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended in accordance with regulations 3 to 6.
3
In paragraph (2) of regulation 23 (requirement for accreditation), for “packaging waste exported by him for reprocessing to a specified reprocessing site or sites”, substitute “an export of packaging waste for reprocessing”.
4
1
Regulation 24 (application for accreditation) is amended as follows.
2
For sub-paragraph (1)(a)(ii), substitute —
ii
as an exporter, in respect of the export of one or more recyclable materials for reprocessing outside the United Kingdom;
.
3
For sub-paragraph (2)(b), substitute —
b
an exporter, to issue PERNs for the export of one or more specified recyclable materials for reprocessing in one or more recovery operations outside the United Kingdom, or a combination of such operations,
.
4
For sub-paragraph (3)(b), substitute —
b
where the application is made for accreditation as an exporter and relates to —
i
one or more reprocessing sites outside the European Community, that the requirements of Article 6(2) of the Packaging Waste Directive are met in respect of each such site; or
ii
one or more reprocessing sites outside the European Community, but it is not possible for the applicant at the time of the application to specify the site or sites to which the export of one or more specified recyclable materials for reprocessing is taking place, that the requirements of Article 6(2) of that Directive are met in respect of each such export;
.
5
1
Regulation 26 (suspension and cancellation of accreditation) is amended as follows.
2
For paragraph (2), substitute —
2
Where the appropriate Agency is no longer satisfied that the requirements of Article 6(2) of the Packaging Waste Directive are met in relation to the export of one or more specified recyclable materials for reprocessing at one or more reprocessing sites outside the European Community, the appropriate Agency shall cancel the accreditation of an exporter to the extent that it relates to any such export which does not meet those requirements.
.
3
In paragraph (3), for “to the extent that it relates to a site or sites under” substitute “pursuant to”.
6
1
Schedule 5 (conditions of accreditation) is amended as follows.
2
For paragraphs 1(d) and 1(e), substitute —
d
PERNs shall not be issued for more than the total amount of packaging waste which an accredited exporter exports for reprocessing in the year or part of the year for which he is accredited;
e
a PERN may only be issued once the packaging waste that it relates to has been exported for reprocessing;
.
3
For paragraph 1(r), substitute —
r
a PERN may only be issued in respect of packaging waste that is exported in accordance with Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on shipments of waste .
.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th July 2008