text:
General
Citation and commencement
1
These Regulations may be cited as the Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011, and come into force on the day after the day on which they are made.
Review
2
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of regulations 3 to 22, except in so far as they apply to relevant infrastructure in Scotland or to any function exercised by the Scottish Ministers;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Articles 21 and 22 of the Directive (which are implemented by means of regulations 3 to 22) are implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system relating to third party access to relevant infrastructure established by regulations 3 to 22;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
In this regulation, “review period” means —
a
the period of five years beginning with the day on which these Regulations come into force; and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Interpretation
3
1
In these Regulations —
“access application” has the meaning given to it in regulation 12(1) ;
“associate” has the meaning given to it in regulation 6 ;
“authorised capacity”, in relation to a relevant storage site, means the total quantity of carbon dioxide authorised to be stored in the storage site in accordance with the relevant consent;
“authority” means the authority in accordance with regulation 4;
“carbon dioxide pipe-line” has the meaning given to it in section 66(1) of the Pipe-lines Act 1962 ;
“consent” means —
in the case of a relevant pipeline —
an authorisation given for the purposes of section 14(1)(a) of the Petroleum Act 1998 ;
a construction authorisation;
development consent granted under section 114 of the Planning Act 2008 ;
in the case of a relevant storage site —
a storage permit within the meaning of the Storage of Carbon Dioxide (Licensing etc. ) Regulations 2010 ;
a storage permit within the meaning of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011 ;
“construction authorisation” means a construction authorisation under section 1 of the Pipe-lines Act 1962;
“controlled carbon dioxide pipeline” has the meaning given to it in section 28(1) of the Petroleum Act 1998 ;
“controlled pipeline” and “controlled waters” have the meanings given in section 14(2) of the Petroleum Act 1998;
“Directive” means Directive 2009/31/ EC of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/ EEC , European Parliament and Council Directives 2000/60/EC , 2001/80/EC , 2004/35/EC , 2006/12/EC , 2008/1/EC and Regulation (EC) No 1013/2006 ;
“diversion” means a diversion (within the meaning of section 66(1) of the Pipe-lines Act 1962 ) of a relevant pipeline that is not a controlled pipeline or of such part of a relevant pipeline as is not a controlled pipeline and “diverted” is to be construed accordingly;
“Gas Importation and Storage Zone” has the meaning given to it in section 1(5) of the Energy Act 2008 ;
“holder”, in regulations 9 and 10 has the meaning given to it in regulation 9(1)(a);
“injection” means injection of carbon dioxide into a storage site;
“licence” means a licence granted under section 18(1) of the Energy Act 2008 and “licence holder” is to be construed accordingly;
“modification notice” has the meaning given to it in regulation 13(2);
“notice” means notice in writing;
“operator”, in relation to a storage permit, means the person who carries on or (where different) controls activities at the storage site;
“owner” has the meaning given to it in regulation 5;
“pipeline variation notice” has the meaning given to it in regulation 8(2);
“planning permission” means permission under Part 3 of the Town and Country Planning Act 1990 or under Part 3 of the Town and Country Planning (Scotland) Act 1997 ;
“relevant infrastructure” means a relevant pipeline or a relevant storage site;
“relevant pipeline” means —
a controlled carbon dioxide pipeline; or
a carbon dioxide pipe-line situated in, under or over Great Britain, including so much of the internal waters of the United Kingdom as are adjacent to Great Britain;
“relevant storage site” means a storage site situated —
in Great Britain; or
in, under or over —
so much of the internal waters of the United Kingdom as are adjacent to Great Britain,
the territorial sea of the United Kingdom, or
waters in a Gas Importation and Storage Zone,
and any associated installations, apparatus and works;
“third party”, in regulations 9 and 10, has the meaning given to it in regulation 9(1)(b);
“variation condition” has the meaning given to it in regulation 7(2) .
2
The following expressions have the meanings given by Article 3 of the Directive —
“CO 2 stream”;
“storage site”.
Meaning of “authority”
4
1
For the purposes of regulation 7 and of regulations 9 , 10 and 12 in so far as they relate to variation conditions the authority is that one of —
a
the Secretary of State;
b
the Infrastructure Planning Commission’s Council or a Panel of the Infrastructure Planning Commission, appointed under section 65 of the Planning Act 2008; or
c
the Scottish Ministers,
that has the function of deciding the application for consent in respect of the relevant infrastructure.
2
For the purposes of regulation 8 and of regulations 9, 10 and 12 in so far as they relate to pipeline variation notices, the authority is —
a
the Scottish Ministers, in relation to pipelines which begin and end in Scotland;
b
the Secretary of State, in relation to any other pipeline.
3
Subject to paragraphs (1) and (2), for the purposes of regulations 12 to 15 and regulation 20(3) the authority is —
a
the licensing authority for the relevant storage site, pursuant to section 18(2) of the Energy Act 2008;
b
the Scottish Ministers, in relation to so much of a relevant pipeline as is —
i
in Scotland; or
ii
in, under or over so much of the internal waters or the territorial sea of the United Kingdom as are adjacent to Scotland;
c
the Secretary of State, in relation to so much of a relevant pipeline as is —
i
in England or Wales; or
ii
in, under or over so much of the internal waters of the United Kingdom as are adjacent to England or Wales;
iii
in, under or over controlled waters other than the territorial sea adjacent to Scotland.
Meaning of “owner”
5
1
Except as provided in paragraph (2), in these Regulations, “owner”, in relation to relevant infrastructure, means any of the following —
a
in respect of a relevant storage site —
i
the operator of the storage site;
ii
the holders of the storage licence;
b
in respect of a relevant pipeline —
i
a person in whom the pipeline is vested;
ii
a lessee and any person occupying or controlling the pipeline;
c
a person who has the right to have things conveyed by or stored in a relevant pipeline or relevant storage site, where such a right has been acquired by that person on terms that —
i
the person is entitled to exercise the right for a period of one year or more; and
ii
the right is capable of being assigned or otherwise disposed of to another person.
2
In regulations 13 and 17 and in regulation 10(3) in so far as it relates to regulation 13, “owner”, in relation to relevant infrastructure, means any of the following —
a
in respect of a relevant storage site —
i
the operator of the storage site;
ii
the holders of the storage licence;
b
in respect of a relevant pipeline —
i
a person in whom the pipeline is vested;
ii
a lessee and any person occupying or controlling the pipeline.
3
In this regulation, “storage licence” means the licence under which the use of a place as the storage site is authorised.
Meaning of “associate”
6
1
For the purposes of regulations 12(5), 12(7) and 17(3) a person is an associate of another if —
a
either or both of them is a body corporate, and
b
one of them controls the other, or both are controlled by the same person or persons,
and paragraphs (2) to (6) set out the circumstances in which one person (“A”) controls another (“B”).
2
Where B is a company, A controls B if A possesses or is entitled to acquire —
a
one half or more of the issued share capital of B;
b
such rights as would entitle A to exercise one half or more of the votes exercisable in general meetings of B;
c
such part of the issued share capital of B as would entitle A to one half or more of the amount distributed if the whole of the income of B were in fact distributed among the shareholders; or
d
such rights as would, in the event of the winding up of B or in any other circumstances, entitle A to receive one half or more of the assets of B which would then be available for distribution among the shareholders.
3
Where B is a limited liability partnership, A controls B if A —
a
holds a majority of the voting rights in B;
b
is a member of B and has a right to appoint or remove a majority of other members; or
c
is a member of B and controls alone, or pursuant to an agreement with other members, a majority of the voting rights in B.
4
In paragraph (3)(a) and (c) the references to “voting rights” are to the rights conferred on members in respect of their interest in a limited liability partnership to vote on those matters which are to be decided on by a vote of the members of the limited liability partnership.
5
In any case, A controls B if A has the power, directly or indirectly, to secure that the affairs of B are conducted in accordance with A’s wishes.
6
In determining whether, by virtue of paragraphs (2) to (5), A controls B, A is taken to possess —
a
any rights and powers possessed by a person as nominee for it; and
b
any rights and powers possessed by a body corporate which it controls (including rights and powers which such a body corporate would be taken to possess by virtue of this paragraph).
Variation conditions
Variation conditions
7
1
Subject to paragraph (5), this regulation applies where an application for a consent in respect of relevant infrastructure is considered by the authority.
2
Subject to paragraph (4), where the authority grants the consent, it may grant it subject to a condition (a “variation condition”) in accordance with paragraph (3) if the authority is satisfied that —
a
there is evidence of demand existing or likely to arise for the grant of such consents for the construction of further relevant infrastructure to be designed for the conveyance or storage of carbon dioxide;
b
where the further relevant infrastructure is a pipeline, the whole or any part of the route to be taken by a further pipeline would be substantially the same as the route or any part of the route to be taken by the pipeline to which the application relates;
c
compliance with the variation condition will not prejudice the safety or environmental integrity of the relevant infrastructure; and
d
compliance with the variation condition will not prejudice the efficient operation of the relevant infrastructure concerned.
3
A variation condition under paragraph (2) may require —
a
the capacity of the relevant infrastructure to which it relates or of any part of that relevant infrastructure to be greater than that proposed in the application for the consent;
b
the design of the relevant infrastructure to which it relates to be modified, including by the addition of a junction through which another pipeline may be connected to the relevant pipeline or to the relevant storage site; or
c
in relation only to a controlled carbon dioxide pipeline, any of the route of the pipeline to be different from that so proposed.
4
Before exercising the powers conferred by paragraph (2) and regulation 9(1), the authority must give an opportunity to be heard to —
a
the applicant for the consent;
b
any other person who made representations to the authority as to the matters set out in paragraphs (2) or (3) ;
c
any person with a right to have carbon dioxide conveyed by or stored in the proposed relevant infrastructure;
d
the Health and Safety Executive or the Health and Safety Executive for Northern Ireland, as appropriate.
5
This regulation does not apply where the application for a consent is an application for the grant of a construction authorisation which relates to the construction of a diversion.
Pipeline variation notices
8
1
This regulation applies where an application is made for the grant of planning permission for the construction of a relevant pipeline.
2
Subject to paragraph (4) the authority may, at any time before planning permission for the construction of the pipeline is granted, serve a notice (a “pipeline variation notice”) on the person who made the application for planning permission if the authority is satisfied that —
a
there is evidence of demand existing or likely to arise for the grant of planning permission or a consent for the construction of further pipelines to be designed for the conveyance of carbon dioxide;
b
the whole or any part of the route to be taken by a further pipeline will be substantially the same as the route or any part of the route to be taken by the pipeline to which the application relates;
c
compliance with the pipeline variation notice will not prejudice the safety or environmental integrity of the relevant pipeline; and
d
compliance with the pipeline variation notice will not prejudice the efficient operation of the pipeline concerned.
3
A pipeline variation notice under paragraph (2) may direct that —
a
the capacity of the relevant pipeline to which it relates or of any part of that relevant pipeline must be greater than that proposed in the application for the grant of planning permission; or
b
the design of the relevant pipeline to which it relates should be modified, including by the addition of a junction through which another pipeline may be connected to the pipeline.
4
Before exercising the powers conferred by paragraph (2) and regulation 9(1), the authority must give an opportunity to be heard to —
a
the person who has applied for planning permission;
b
any other person who made representations to the authority as to the matters set out in paragraphs (2) or (3) ;
c
any person with a right to have carbon dioxide conveyed by the proposed relevant pipeline;
d
the Health and Safety Executive or the Health and Safety Executive for Northern Ireland, as appropriate.
Notices relating to costs etc.
9
1
Where a consent contains a variation condition under regulation 7, or a pipeline variation notice has been served under regulation 8, the authority may serve a notice in accordance with paragraph (2) on —
a
the holder of the consent or the person to whose benefit the grant of planning permission enures (the “holder”); and
b
any other person who made representations to the authority as to the matters set out in regulations 7(2) or 7(3) or regulations 8(2) or 8(3), as applicable (the “third party”).
2
A notice under paragraph (1) must —
a
specify the sums or the method of determining the sums which the authority considers should be paid to the holder by the third party for the purpose of defraying so much of the costs of constructing the relevant infrastructure as is attributable to the variation condition or pipeline variation notice;
b
require the third party to make, within the period specified for the purpose in the notice, arrangements which the authority considers are appropriate to secure that those sums will be paid to the holder if the holder constructs the relevant infrastructure or a relevant part of it, or satisfies the authority that the holder will construct it, in accordance with the variation condition or pipeline variation notice;
c
provide that the holder may, if those arrangements are not made by the third party within the period specified in the notice, elect (in the manner specified in the notice) that the variation condition or pipeline variation notice is, as specified in the notice, to be withdrawn or to have effect with such modifications as are so specified with a view to eliminating the consequences of the representations of the third party; and
d
authorise the holder, if the authority is satisfied that the relevant infrastructure or a relevant part of it has been or will be constructed in accordance with the variation condition or pipeline variation notice, to recover those sums from the third party.
Acquisition of rights to use proposed relevant infrastructure
10
1
Where relevant infrastructure is proposed to be constructed pursuant to a consent to which a variation condition is attached by virtue of regulation 7(2) or in accordance with a pipeline variation notice, any person other than the holder may make an application under regulation 12(2) in respect of the proposed relevant infrastructure.
2
Before serving a notice under regulation 9(1) on a third party, the authority must give that person an opportunity to make an application under regulation 12(2) in respect of the proposed relevant infrastructure to which the consent or planning permission relates.
3
In the circumstances set out in paragraphs (1) and (2), regulations 12 and 13 have effect as if references to relevant infrastructure were references to the infrastructure as it would be once constructed in accordance with the variation condition or pipeline variation notice, and as if references to the owner of the relevant infrastructure were references to the person who will be the owner of the proposed infrastructure.
Diversions
11
1
If, in respect of a length of proposed relevant pipeline —
a
a variation condition has been imposed under regulation 7(2) or a pipeline variation notice has been served under regulation 8(2), and
b
that pipeline is to be diverted,
then the pipeline continues for the purposes of and after the diversion to be subject to any such condition or any direction contained in such notice.
2
If, in respect of a length of relevant pipeline, any requirements are imposed by virtue of a modification notice under regulation 13 and the pipeline is to be diverted or is subsequently diverted, the pipeline continues for the purposes of and after the diversion to be subject to any such requirements imposed by such notice.
Acquisition of rights
Acquisition of rights to use relevant infrastructure
12
1
This regulation applies where —
a
a person makes an application to the owner of a relevant pipeline for a right to have carbon dioxide of the composition specified in the application conveyed by the pipeline during such period as is so specified and in such quantities as are so specified; or
b
a person makes an application to the owner of a relevant storage site to have carbon dioxide of the composition specified in the application, in such quantities as are so specified, injected into the storage site during such period as is so specified and at such an injection rate as is so specified and stored in the storage site,
and references in these Regulations to the “access application” are to the application made to the owner of the relevant pipeline or relevant storage site.
2
If the applicant and the owner do not reach agreement on the access application, the applicant may apply to the authority for a notice under paragraph (8) which would secure to the applicant the right sought in the access application.
3
The authority may not consider an application under paragraph (2) unless satisfied that the applicant and the owner have had a reasonable time in which to reach agreement.
4
When considering an application under paragraph (2) the authority must —
a
decide whether the application is to be —
i
rejected,
ii
adjourned to enable further negotiations between the applicant and the owner, or
iii
considered further,
and
b
in the case of a decision to consider the application further, give an opportunity to be heard to —
i
the applicant and the owner;
ii
the operator of the relevant infrastructure;
iii
any person with a right to have carbon dioxide conveyed by the pipeline or stored in the storage site;
iv
the Health and Safety Executive or the Health and Safety Executive for Northern Ireland, as appropriate; and
v
such other persons as the authority considers appropriate.
5
When giving further consideration to an application under paragraph (2), the authority must (so far as relevant) take into account —
a
capacity which is or can reasonably be made available in a relevant pipeline;
b
authorised capacity which is or can reasonably be made available in a relevant storage site;
c
that the composition of the CO 2 stream to be conveyed by, injected into or stored in the relevant infrastructure is compatible with the use of the relevant infrastructure for the purpose for which it has been designed;
d
any incompatibilities of technical specification which cannot reasonably be overcome;
e
any other difficulties which cannot reasonably be overcome and which could prejudice the efficient, current and planned future transport or storage of carbon dioxide;
f
the reasonable needs of the owner and any associate of the owner for the conveyance and storage of carbon dioxide;
g
the interests of all users and operators of the relevant infrastructure;
h
the proportion of the United Kingdom’s carbon dioxide reduction obligations pursuant to international legal instruments and to European Union legislation that will be met through capture and geological storage of carbon dioxide; and
i
the number of parties involved in the dispute.
6
The authority may serve a notice under paragraph (8) only if satisfied that —
a
the notice will not prejudice —
i
the efficient operation of the relevant infrastructure concerned; or
ii
the safety or environmental security of the conveyance or storage of carbon dioxide by or in the relevant infrastructure; and
b
the condition in paragraph (7) is met.
7
The condition in this paragraph is that the authority is satisfied that the notice will not prejudice —
a
the conveying by or storage in the relevant infrastructure of the quantities of carbon dioxide which the owner or an associate of the owner requires or may reasonably be expected to require; or
b
the conveying by or storage in the relevant infrastructure of the quantities of carbon dioxide which another person with a right to have carbon dioxide so conveyed or stored requires to be conveyed or stored in the exercise of that right.
8
A notice under this paragraph may contain such provisions as the authority considers appropriate for any of the following purposes —
a
to secure to the applicant the right sought in the access application;
b
to secure that exercise of the right is not prevented or impeded;
c
to secure to the applicant such ancillary or incidental rights as the authority considers necessary or expedient, which may include the right to have a pipeline connected to the relevant pipeline or relevant storage site by the applicant or the owner;
d
to regulate the charges which may be made for the exercise of any right secured by the notice.
9
A notice under paragraph (8) may also —
a
contain provision authorising one or more of the owners to recover from the applicant payments by way of consideration for any right secured by the notice of amounts specified in the notice or determined in accordance with the notice;
b
contain provision permitting a right secured or a duty imposed by the notice to be assigned.
10
A notice under paragraph (8) is to be served on the owner and the applicant.
11
A notice under paragraph (8) does not come into force unless and until the applicant indicates acceptance of the terms of the notice in such manner and within such period as is specified in the notice.
Compulsory modifications
Compulsory modifications of relevant infrastructure
13
1
This regulation applies where —
a
a person has made an access application in respect of a relevant pipeline or relevant storage site; and
b
the authority is considering whether to serve a notice under regulation 12(8) which would secure to the applicant the right sought in the application.
2
If it appears to the authority —
a
that relevant infrastructure that is the subject of the access application can and should be modified so as to increase its capacity, or
b
that the relevant infrastructure that is the subject of the access application can and should be modified by installing in it a junction or other apparatus through which another pipeline may be connected to the relevant pipeline or to the relevant storage site,
then (subject to paragraph (3)) the authority may serve on the owner of the relevant infrastructure and the applicant a notice in accordance with paragraphs (4) and (5) (a “modification notice”).
3
The authority may not serve a modification notice that requires the authorised capacity of a relevant storage site to be increased.
4
A modification notice must —
a
specify the modifications which the authority considers should be made to the relevant infrastructure;
b
specify the sums or the method of determining the sums which the authority considers should be paid to one or more of the owners by the applicant for the purpose of defraying the cost of the modifications;
c
require the applicant to make, within the period specified for the purpose in the notice, arrangements which the authority considers appropriate to secure that those sums will be paid to one or more of the owners if the owner carries out the modifications or satisfies the authority that they will be carried out;
d
require the owner, if the applicant makes those arrangements within that period, to carry out the modifications within a period specified for the purpose in the notice; and
e
authorise one or more of the owners, if the authority is satisfied that the owner has carried out or will carry out the modifications, to recover those sums from the applicant.
5
A modification notice may also contain provision for the purpose of ensuring that if the carrying out of the modifications prejudices any of the matters referred to in regulation 12(7)(a) or (b), any person who suffers loss as a result may recover from the applicant payments by way of compensation, of such amounts as are determined in accordance with the notice.
6
If a modification notice contains provision by virtue of paragraph (5) the authority must give a copy of the notice to every person who has a right to have anything conveyed by the pipeline or stored in the storage site.
7
Before giving a copy of a modification notice under paragraph (6), the authority must —
a
remove from the copy any provision included in the notice by virtue of paragraph (4)(b); and
b
after giving the owner and the applicant an opportunity to be heard, remove from the copy any other provision included in the notice which the authority considers may prejudice the commercial interests of the owner or the applicant if not removed.
8
In considering whether to serve a modification notice, the authority must —
a
take into account (so far as relevant) the matters referred to in regulation 12(5)(a) to (i); and
b
give the persons listed in paragraph (9) an opportunity to be heard.
9
The persons referred to in paragraph (8)(b) are —
a
the applicant and the owner;
b
any person with a right to have anything conveyed by the relevant pipeline or stored in the relevant storage site;
c
the Health and Safety Executive or the Health and Safety Executive for Northern Ireland, as appropriate; and
d
such other persons as the authority considers appropriate.
10
If the authority serves a modification notice, regulation 12 has effect in relation to the relevant infrastructure concerned as if references to the relevant infrastructure were references to the relevant infrastructure as it would be with the modifications specified in the notice.
11
A modification notice does not come into force unless and until the authority serves a notice under regulation 12(8) in respect of the relevant infrastructure that is the subject of the access application.
Variation of notices under sections 12 and 13
14
1
A modification notice or a notice under regulation 12(8) may be varied or set aside by the agreement of all the persons on whom it was served.
2
The authority may vary a notice under regulation 12(8) on the application of one of the persons on whom the notice was served.
3
But the authority may do so only if satisfied that the variation is necessary to resolve a dispute that has arisen in connection with the notice between the persons on whom it was served.
4
In considering whether to vary a notice the authority must give an opportunity to be heard to —
a
the persons on whom the notice was served;
b
any person with a right to have anything conveyed by the relevant pipeline concerned or stored in the relevant storage site concerned;
c
the Health and Safety Executive or the Health and Safety Executive for Northern Ireland, as appropriate; and
d
such other persons as the authority considers appropriate.
5
For the purposes of this regulation, a modification notice or a notice under regulation 12(8) is to be treated as having been served on a person (“P”) if there has been assigned to P a right which is secured by the notice or a duty which is imposed by the notice.
Powers to require information and effect of notices
Powers of the authority to require information
15
1
The authority may by notice require a person who has made or received an access application to provide the authority with specified information for the purpose of enabling the authority to decide —
a
whether to exercise any function conferred on the authority by regulations 12, 13 or 14; and
b
if so, how to exercise the function.
2
Where a person has applied to the authority under regulation 14 for a notice to be varied, the authority may by notice require any person within paragraph (3) to provide the authority with specified information for the purpose of enabling the authority to decide —
a
whether to vary the notice; and
b
if so, how to vary the notice.
3
Those persons are —
a
the person who applied for the notice to be varied;
b
any other person on whom the notice was served;
c
any person to whom there has been assigned a right which is secured by the notice or a duty which is imposed by the notice.
4
The information that may be required under paragraphs (1) and (2) includes financial information.
5
The authority may not disclose to any person any information obtained under paragraph (1) or (2) unless —
a
the person by or on behalf of whom the information was provided consents to the disclosure; or
b
the disclosure is required by virtue of an obligation imposed by law.
6
In this regulation, “specified” means specified in a notice under paragraph (1) or (2) .
Requirements for consents
16
1
The use of infrastructure by any person in accordance with a right secured to that person by virtue of these regulations is not a contravention of —
a
section 14(1) of the Petroleum Act 1998; or
b
section 17(1) of the Energy Act 2008.
2
Subject to paragraph (3), a modification notice requiring a person to carry out modifications authorises that person to carry out the modifications for the purposes of —
a
section 14(1) of the Petroleum Act 1998 (but nothing in Schedule 2 of that Act shall apply to such a notice);
b
section 1 of the Pipe-lines Act 1962 ;
c
section 31 of the Planning Act 2008;
d
section 17(2)(d) of the Energy Act 2008;
e
a storage permit under the Storage of Carbon Dioxide (Licensing etc.) Regulations 2010 or the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2010;
f
Part 3 of the Town and Country Planning Act 1990 or Part 3 of the Town and Country Planning (Scotland) Act 1997.
3
Paragraph (2) does not apply to the extent that a modification notice has been varied by agreement pursuant to regulation 14(1) .
Publication requirements
Publication of capacity
17
1
The owner of relevant infrastructure must publish —
a
no later than the first anniversary of the relevant date, the information set out in paragraph (3) relating to available capacity and technical and operating requirements for access; and
b
any changes to the published information as soon as reasonably practicable after they become effective.
2
In paragraph (1), the “relevant date” —
a
in relation to a relevant storage site, means the date on which consent is granted in respect of the storage site;
b
in relation to a relevant pipeline, means —
i
the date on which consent or planning permission was granted for the construction of the pipeline as a relevant pipeline; or
ii
where the pipeline was not constructed as a relevant pipeline, the date on which the pipeline was first used to convey carbon dioxide for the purposes of an activity within section 17(2)(a) to (c) of the Energy Act 2008.
3
The information referred to in paragraph (1) is —
a
in the case of a relevant pipeline the capacity, or in the case of a relevant storage site the authorised capacity, which is or can reasonably be made available in the relevant infrastructure in question taking into account the quantities of carbon dioxide which —
i
are required or may reasonably be expected to be required to be conveyed or stored by the owner or an associate of the owner for the purposes of any business carried on by the owner or associate; or
ii
are required to be conveyed or stored by another person with a right to have carbon dioxide conveyed by the relevant pipeline or stored in the relevant storage site in the exercise of that right; and
b
subject to paragraph (4), the technical specifications of the CO 2 stream that must be met in order to secure access to the relevant infrastructure.
4
If there is no capacity which is or can reasonably be made available as described in sub-paragraph (3)(a), the owner is not required to publish the information mentioned in paragraph (3)(b).
Enforcement
Provision of false information
18
1
A person (“P”) is guilty of an offence if, in circumstances falling within paragraph (2), P provides false information to the authority for the purpose of —
a
inducing the authority to exercise or not to exercise any of the functions conferred on it by these Regulations; or
b
inducing the authority to exercise any of those functions in a particular way.
2
Those circumstances are that, at the time the information is provided, P —
a
knows or believes the information to be false; or
b
is reckless as to whether or not it is false.
3
A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Proceedings for an offence under paragraph (1) may not be instituted in England and Wales except —
a
by the Secretary of State or by a person authorised to do so by the Secretary of State; or
b
by or with the consent of the Director of Public Prosecutions.
5
Proceedings for an offence under paragraph (1) may not be instituted in Northern Ireland except —
a
by the Secretary of State or a person authorised to do so by the Secretary of State, or
b
by or with the consent of the Director of Public Prosecutions for Northern Ireland.
6
Where an offence under paragraph (1) or (2) is committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of the body corporate.
8
In this regulation, “officer”, in relation to a body corporate, means —
a
any director, secretary or other similar officer of the body corporate; or
b
any person purporting to act in any such capacity.
Construction authorisations and pipeline variation notices
19
1
For the purposes of sections 1 and 4 of the Pipe-lines Act 1962 , the works for the construction of a relevant pipeline are deemed to have been executed in contravention of section 1(1) of that Act where the relevant pipeline is constructed —
a
pursuant to a construction authorisation to which a variation condition is attached by virtue of regulation 7 ; and
b
without conformity to that condition.
2
For the purposes of Part 7 of the Town and Country Planning Act 1990 and Part 6 of the Town and Country Planning (Scotland) Act 1997 , the construction of a relevant pipeline is deemed to have constituted a failure to comply with a condition or limitation subject to which planning permission has been granted where —
a
a pipeline variation notice is served under regulation 8(2) in respect of the relevant pipeline; and
b
the relevant pipeline is constructed without conformity to that notice.
Civil proceedings
20
1
The duty of a person to comply with a notice under regulation 9(1) or 12(8) or a modification notice under regulation 13(2) is a duty owed to any person who may be affected by a failure to comply with it.
2
Where a duty is owed by virtue of paragraph (1) to any person, the duty may be enforced as if it were contained in a contract between that person and the person who owes the duty.
3
Compliance with the duties in regulations 15 and 17 shall be enforceable by the appropriate authority by civil proceedings for an injunction or interdict or other appropriate relief or remedy.
4
Civil proceedings under paragraph (3) are to be brought —
a
in England and Wales, in the High Court,
b
in Northern Ireland, in the High Court or
c
in Scotland, in the Court of Session.
Miscellaneous
Service of documents
21
1
Subsections (1) to (3) of section 49 of the Pipe-lines Act 1962 have effect as if references to that Act included references to these Regulations.
2
In the application of paragraph (1) to Northern Ireland, section 49(1) to (3) of the Pipe-lines Act 1962 shall have effect as if it extended to Northern Ireland.
Amendments
22
The amendments set out in the Schedule have effect.
Charles Hendry
Minister of State
Department of Energy and Climate Change
15th September 2011


type: legislation

jurisdiction: UK

text:
Commencement, citation and effect
1
1
This Order may be cited as the Corporation Tax (Variation of the Relevant Percentage) Order 2011.
2
This Order comes into force on 23rd December 2011 and has effect for accounting periods beginning on or after 1st January 2012.
Variation of the relevant percentage
2
In subsection (1) of section 310 of the Corporation Tax Act 2010 (the relevant percentage), for “6%” substitute “10%”.
James Duddridge
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
1st December 2011


text:
Citation, commencement and extent
1
1
This Order may be cited as the Wireless Telegraphy (Limitation of Number of Grants of Crown Recognised Spectrum Access) Order 2011 and shall come into force on 14th March 2011.
2
This Order shall not extend to the Channel Islands or to the Isle of Man.
Limitation of grants
2
1
The Office of Communications will make a limited number of grants of recognised spectrum access for use of the frequency bands listed in the Schedule.
2
The grants shall only be made to the Crown.
3
Grants shall only be made where a wireless telegraphy station or wireless telegraphy apparatus is operated within any of the frequency bands listed in the Schedule by or on behalf of the Crown.
4
The number of grants will be the number which is most likely to secure the optimal use of the electromagnetic spectrum and promote competition in electronic communication services having regard to the matters set out in section 3(1) and (2) of the Wireless Telegraphy Act 2006.
Ed Richards
Chief Executive of the Office of Communications
for and by the authority of the Office of Communications
17th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Day and School Year) (England) (Amendment) Regulations 2011 and come into force on 25th February 2011.
Amendment of Regulations
2
1
These Regulations amend the Education (School Day and School Year) (England) Regulations 1999 as follows.
2
In paragraph (6) of regulation 3 after “In relation to the” insert “2010-2011 school year and the”.
Nick Gibb
Minister of State
Department for Education
26th January 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Merchant Shipping (Ship Inspection and Survey Organisations) (Revocation) Regulations 2011.
2
These Regulations come into force on 23rd January 2012.
Revocation
2
The Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996 are revoked.
Consequential amendments
3
The amendments in the Schedule have effect.
Signed on behalf of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
19th December 2011


text:
Citation, commencement and interpretation
1
This Order may be cited as the Medicines Act 1968 (Pharmacy) Order 2011 and comes into force on the day after the day on which it is made.
2
In this Order, “ the Act ” means the Medicines Act 1968.
Amendment of section 70 of the Act
3
In section 70 of the Act (business carried on by individual pharmacist or by partners) —
a
in subsection (2), for “the requirements of subsections (4) and (5)” substitute “the requirement of subsection (4)”; and
b
omit subsections (5) and (6).
Amendment of section 71 of the Act
4
In section 71 of the Act (business carried on by body corporate) —
a
in subsection (2), for “the requirements of subsections (4) and (5)” substitute “the requirement of subsection (4)”; and
b
omit subsections (5) and (5A).
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
27th October 2011
Edwin Poots
Minister for Health, Social Services and Public Safety
3rd November 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Fees and Awards) (England) Regulations 2007 (Amendment) Regulations 2011 and come into force on 1st September 2011.
2
These Regulations apply in relation to England.
3
The amendments made by regulation 2 do not apply in relation to a person where the first day of the first academic year of that person’s course is before 1st September 2011.
Amendment to the Education (Fees and Awards) (England) Regulations 2007
2
Paragraph 9 of Schedule 1 to the Education (Fees and Awards) (England) Regulations 2007 is amended as follows —
a
in sub-paragraph (1)(c), before “has been ordinarily resident”, insert “subject to sub-paragraph (1A),”;
b
after sub-paragraph (1), insert —
1A
Paragraph (c) of sub-paragraph (1) does not apply to a family member of an EC national where that EC national —
a
is —
i
a United Kingdom national who has exercised a right to reside on the territory of another Member State under article 7(1) of Directive 2004/38; or
ii
not a United Kingdom national;
and
b
has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and the overseas territories throughout the three-year period preceding the first day of the first academic year of the course.
.
Mark Prisk
Minister of State for Business and Enterprise
Department for Business, Innovation and Skills
9th August 2011


text:
PART 1
Preliminary
Citation, commencement and application
1
1
These Regulations —
a
may be cited as the Regional Flood and Coastal Committees (England and Wales) Regulations 2011;
b
come into force on 1st April 2011; and
c
apply in relation to —
i
English Committees, so far as these Regulations are made by the Secretary of State, and
ii
Welsh Committees, so far as these Regulations are made by the Welsh Ministers.
Interpretation
2
1
In these Regulations —
“the 1991 Act ” means the Water Resources Act 1991 ;
“the 1995 Act ” means the Environment Act 1995 ;
“the 2010 Act ” means the Flood and Water Management Act 2010;
“ the Agency ” means the Environment Agency;
“composition”, in relation to a Regional Flood and Coastal Committee, has the meaning given in regulation 6;
“composition document” means a document published under regulation 8 or 9 specifying the composition of the Regional Flood and Coastal Committee established for a region;
“constituent authority”, in relation to a Regional Flood and Coastal Committee, means a lead local flood authority any part of which is in the region of the Committee;
“eligibility criteria” means the criteria specified in regulation 11(1);
“levy” means a levy issued under section 17(1) of the 2010 Act;
“Regional Flood and Coastal Committee” means a Regional Flood and Coastal Committee established under section 22 of the 2010 Act; and
“transitional Committee” has the meaning given in regulation 31.
2
In regulations 13, 18, 19, 22 and 23, a reference to the appointment of a member by or on behalf of a constituent authority includes the appointment of a member by or on behalf of —
a
a constituent authority representing a group of constituent authorities; and
b
a group of constituent authorities.
PART 2
Division of England and Wales into regions
Map of regions
3
1
As soon as is practicable after the first division of England and Wales into regions for the purposes of section 22 of the 2010 Act, the Agency must publish a map of the regions.
2
The map must —
a
specify the boundaries of the regions;
b
name the regions; and
c
be published at the same time as or before the Agency publishes the composition documents for the Regional Flood and Coastal Committees established for those regions.
Revised regions
4
1
The Agency may, before 1st December in any financial year, revise the boundaries of existing regions (“old regions”) to create new regions.
2
A revision of the regions does not take effect unless the Agency —
a
has consulted with interested persons for a period of not less than 6 weeks in relation to the proposed revision; and
b
has taken account of any representations.
3
A revision takes effect when the Agency publishes —
a
a map of England and Wales —
i
specifying the boundaries of the revised regions, and
ii
naming the regions; and
b
the composition documents for the Regional Flood and Coastal Committees established for the new regions.
4
Before a revision in any financial year takes effect, the Regional Flood and Coastal Committee for each old region must have consented to —
a
the issue of any levy for that region for that financial year; and
b
the spending of any revenue under section 118 of the 1991 Act for that region for that financial year.
5
A revision may not take effect on or after 1st December in any financial year.
6
On the establishment of the Committees for the new regions, the Committees for the old regions are abolished.
Renaming of regions
5
1
The Agency may rename a region at any time.
2
As soon as is practicable after renaming a region, the Agency must —
a
notify all Regional Flood and Coastal Committees of the change of name;
b
republish the map of the regions specifying the new name of the region; and
c
amend the composition document for the Committee established for that region to specify the new name of the region.
PART 3
Establishment of Regional Flood and Coastal Committees
Composition of Committees
6
1
The composition of a Regional Flood and Coastal Committee is to consist of —
a
a chair appointed by the Minister;
b
persons appointed by or on behalf of —
i
a constituent authority,
ii
a constituent authority representing a group of constituent authorities, or
iii
a group of constituent authorities; and
c
persons appointed by the Agency.
2
A group of constituent authorities must agree which constituent authority is to appoint a member under paragraph (1)(b)(ii).
3
If the group of constituent authorities fails to agree which constituent authority is to appoint a member, the Minister may decide which constituent authority is to appoint the member.
Number of members of Committees
7
1
The total number of members of each Regional Flood and Coastal Committee must —
a
be at least 11; and
b
not exceed 25 or any higher number that the Minister approves.
2
The total number of members appointed under regulation 6(1)(c) must not exceed 11 or any higher number that the Minister approves.
3
The Agency may not issue a levy to constituent authorities in a region for a financial year unless the total number of members appointed under regulation 6(1)(b) is at least one more than the sum of the number of members appointed under regulations 6(1)(a) and (c).
Publication of composition document
8
1
A Regional Flood and Coastal Committee is established for a region when the Agency publishes a document specifying —
a
the region for which the Committee is established; and
b
the composition of the Committee.
2
The Agency may not publish a document under paragraph (1) (“composition document”) unless the composition of the Committee has been approved by the Minister.
3
The Minister may require a change to the proposed composition of a Committee before approving the composition.
4
The Agency must publish a composition document for each region before 1st December 2011.
Variation of composition of a Committee
9
1
Before 1st December in any financial year, the Agency may, on its own initiative or at the request of a Regional Flood and Coastal Committee, vary the composition of the Committee.
2
Subject to paragraph (3), a variation takes effect when the Agency publishes a document specifying the matters mentioned in regulation 8(1).
3
The variation does not take effect unless —
a
the Agency has —
i
consulted with interested persons for a period of not less than 6 weeks in relation to the variation to the composition of the Committee, and
ii
taken account of any representations; and
b
the varied composition has been approved by the Minister.
4
The Minister may require a change to the proposed varied composition of a Committee before approving the varied composition.
5
The Agency may not issue a levy to constituent authorities in a region for a financial year if the composition of the Committee for that region is varied on or after 1st December in the financial year preceding that for which the levy is issued.
Constituent authority contacts
10
1
Before 1st December in any financial year, the Regional Flood and Coastal Committee must obtain from each constituent authority in its region the name and contact details for a person authorised by the constituent authority to liaise with the Committee in relation to the business of the Committee (“official contact details”).
2
The Regional Flood and Coastal Committee must keep a list of the official contact details for all constituent authorities in its region.
3
As soon as is practicable after any change to the official contact details for a constituent authority, the constituent authority must inform the Committee of the change.
PART 4
Selection and appointment of members of Regional Flood and Coastal Committees
Eligibility for appointment
11
1
The following criteria must be satisfied before a person is appointed as a member of a Regional Flood and Coastal Committee —
a
the person is of good character and sound financial reputation;
b
the person is not an employee of —
i
the Agency,
ii
the Department for Environment, Food and Rural Affairs, or
iii
the Welsh Assembly Government;
c
the person is not a Member of Parliament or a Member of the National Assembly for Wales.
2
The criterion in paragraph (1)(a) is not satisfied if —
a
the person is bankrupt or has an existing arrangement with creditors;
b
within the 5 years immediately before the proposed date of appointment, the person has served a sentence of imprisonment for a period of 3 months or more.
Appointment of chair
12
1
The Minister may invite applications for appointment to the office of chair of a Regional Flood and Coastal Committee.
2
The Minister may appoint as chair a person who —
a
satisfies the eligibility criteria; and
b
in the opinion of the Minister, is suitably qualified to hold office as chair.
3
The method of selection and appointment must comply with relevant principles relating to public appointments.
Members appointed by constituent authorities
13
1
A constituent authority may appoint as a member of a Regional Flood and Coastal Committee any person who —
a
satisfies the eligibility criteria; and
b
has knowledge and experience relevant to the business of the Committee.
2
The method of selection and appointment must comply with relevant principles relating to public appointments.
3
If a person appointed as a member of a Regional Flood and Coastal Committee is an elected member of a constituent authority, and that person ceases to be an elected member of the constituent authority, the person ceases to be a member of the Regional Flood and Coastal Committee —
a
at the end of the period of 3 months beginning with the day on which the person ceased to be an elected member of the constituent authority; or
b
on any earlier date if the member resigns, is removed from office or a replacement member is appointed.
Members appointed by the Agency
14
1
The Agency may invite applications for appointment as a member of a Regional Flood and Coastal Committee.
2
The Agency may appoint as a member of a Regional Flood and Coastal Committee any person who —
a
satisfies the eligibility criteria; and
b
has knowledge and experience relevant to the business of the Committee.
3
The Agency must appoint to each Committee —
a
a person with experience in nature conservation and wider environmental issues; and
b
if the region of the Committee has a coastline, a person with knowledge of coastal processes.
4
The method of selection and appointment must —
a
be agreed with the chair of the Committee; and
b
comply with relevant principles relating to public appointments.
PART 5
Holding office
Terms of appointment
15
A member of a Regional Flood and Coastal Committee is to hold and vacate office in accordance with the terms of appointment or re-appointment.
Date of appointment
16
The date of appointment of a member of a Regional Flood and Coastal Committee is —
a
if the member was a member of a transitional Committee immediately before the appointment to the Regional Flood and Coastal Committee, the date of appointment determined under the transitional provisions in Part 7;
b
for any other person appointed as a member of the first Regional Flood and Coastal Committee established for a region under section 22(1) of the 2010 Act, the day on which the Committee is established in accordance with regulation 8;
c
for a person appointed or re-appointed as a member of a Regional Flood and Coastal Committee after that date, the date of appointment specified in the instrument of appointment or re-appointment.
Period of office
17
1
A member of a Regional Flood and Coastal Committee —
a
may hold office for an initial term of up to 4 years beginning with the date of appointment; and
b
may be re-appointed for a second or subsequent term of up to 4 years beginning with the date of re-appointment if the person continues to meet —
i
the eligibility criteria, and
ii
any performance requirements set out in the terms of appointment.
2
Subject to paragraphs (3) and (4), a member of a Regional Flood and Coastal Committee may not hold office for a continuous period of more than 10 years beginning with the date of appointment.
3
An elected member of a constituent authority who is appointed as a member of a Regional Flood and Coastal Committee may hold office until the end of the period of 3 months beginning with the day on which the person ceases to be an elected member of the constituent authority.
4
A member of a Regional Flood and Coastal Committee who is appointed as chair of the Committee may not hold the office of chair for a continuous period of more than 10 years.
Resignation from office
18
1
A member of a Regional Flood and Coastal Committee may at any time resign from office by written notice addressed and delivered to —
a
for a person appointed as chair, the Minister;
b
for a member appointed under regulation 6(1)(b), the constituent authority that appointed the member; or
c
for a member appointed under regulation 6(1)(c), the Agency.
2
A notice under paragraph (1) must be copied to the Committee.
Removal from office
19
1
A member of a Regional Flood and Coastal Committee may be removed from office by written notice addressed and delivered to that member by —
a
for a person appointed as chair, the Minister;
b
for a member appointed under regulation 6(1)(b), the constituent authority that appointed the member; or
c
for a member appointed under regulation 6(1)(c), the Agency.
2
A notice under paragraph (1) must —
a
state which condition for removal from office has been met; and
b
be copied to the Committee.
3
The conditions for removal from office are —
a
the member no longer satisfies the eligibility criteria;
b
while in office, the member has been convicted of an offence and sentenced to imprisonment for a period of 3 months or more;
c
the member is unable to carry out membership duties because of illness;
d
the member has been absent from meetings of the Committee for a period of 6 consecutive months without the approval of the Committee;
e
in the opinion of the person giving the notice, the member has become unable, unfit or unsuitable to discharge membership duties.
Appointment of acting chair
20
1
If the chair of a Regional Flood and Coastal Committee resigns, is removed from office or is unable to act, the Minister may appoint another person to act in place of the chair if the person —
a
satisfies the eligibility criteria; and
b
in the opinion of the Minister, is suitably qualified to hold office as chair.
2
An appointment under paragraph (1) may be for a period of up to 6 months.
3
For the period that a person acts as chair, the person is taken to be the chair.
Temporary absence of chair
21
1
A chair who is to be absent from a meeting of a Regional Flood and Coastal Committee may appoint another member of the Committee to chair the meeting.
2
If a chair is absent from a meeting and has not appointed another member to chair the meeting, the Committee may appoint another member to chair the meeting.
Appointment of replacement member
22
If a member of a Regional Flood and Coastal Committee (other than the chair) resigns, is removed from office or ceases to be a member under regulation 13(3) —
a
for a member appointed under regulation 6(1)(b), the constituent authority that appointed the member must as soon as is practicable appoint another person as a member in accordance with regulation 13; and
b
for a member appointed under regulation 6(1)(c), the Agency must as soon as is practicable appoint another person as a member in accordance with regulation 14.
Nomination of deputies
23
1
A constituent authority of a Regional Flood and Coastal Committee may, by written notice to the chair, nominate a person to act as a deputy for a member appointed by the constituent authority.
2
A person may be nominated to act as a deputy for the purpose of —
a
a particular meeting of the Committee; or
b
all meetings of the Committee during a period agreed by the Committee.
3
The Committee may not accept the nomination of a person unless the person —
a
satisfies the eligibility criteria; and
b
has knowledge and experience relevant to the business of the Committee.
4
A person nominated to act as a deputy —
a
may not act as a deputy unless the Committee has accepted the nomination; and
b
may only act as a deputy for one member.
5
The constituent authority may revoke a nomination by written notice to the Committee.
PART 6
Proceedings of Regional Flood and Coastal Committees
Interpretation
24
In this Part, “member” includes a person acting as the deputy of that member.
Quorum and consents
25
1
The quorum for any meeting of a Regional Flood and Coastal Committee is the majority of the total number of members of the Committee.
2
A consent given for the purpose of section 23(2), (3) or (4) of the 2010 Act may only be given at a meeting of a Committee.
3
For the purpose of section 23(2) of the 2010 Act, a Committee consents to the implementation of the regional programme if the majority of the members present at the meeting are in favour.
4
For the purpose of section 23(3) of the 2010 Act, a Committee consents to the issue of a levy if a majority of the members who are entitled to vote are present at the meeting and are in favour.
5
For the purpose of section 23(4) of the 2010 Act, a Committee consents to the spending of revenue under section 118 of the 1991 Act if the majority of the members present at the meeting are in favour.
Voting procedure
26
1
Each member of a Regional Flood and Coastal Committee who is entitled to vote has one vote.
2
A member who is entitled to vote may only vote if present at a meeting of the Committee.
3
For the purpose of section 23(3) of the 2010 Act, only members appointed to a Committee under regulation 6(1)(b) are entitled to vote on a motion that the Committee consent to the issue of a levy.
4
If there is a tied vote on any motion other than a motion that the Committee consent to the issue of a levy, the chair of the Committee has a casting vote.
Declaration of interest
27
1
A member of a Regional Flood and Coastal Committee must immediately disclose any direct or indirect interest in any contract or other matter proposed or discussed at a meeting of the Committee, and the disclosure must be recorded in the minutes of the meeting.
2
A member who has disclosed an interest in a contract must not take part in any discussion or decision of the Committee on that contract, but the member may be taken into account for the purpose of constituting a quorum of the Committee.
3
A person who ceases to be a member of a Regional Flood and Coastal Committee may not be appointed to any paid office by the Agency within the first 12 months after ceasing to be a member.
4
In this regulation, appointment to “paid office” does not include appointment as —
a
a chair of any committee of the Agency; or
b
a member of the Board of the Agency.
Authentication of documents
28
1
Any notice or other document which a Regional Flood and Coastal Committee is required or authorised to give, make or issue by or under any enactment may be signed on behalf of the Committee by any member of the Committee or any officer of the Agency who is generally or specifically authorised for that purpose by a resolution of the Committee.
2
Any document purporting to bear the signature of a person expressed to be authorised as mentioned in sub-paragraph (1) is deemed, unless the contrary is shown, to be duly given, made or issued by authority of the Committee.
3
In this regulation, “signature” includes a facsimile of a signature by whatever process reproduced.
Proof and validity of proceedings
29
1
A minute of the proceedings of a meeting of a Regional Flood and Coastal Committee purporting to be signed at the meeting by the chair of the meeting, or at the next meeting by the chair of the next meeting, is evidence of the proceedings and is admissible in evidence without further proof.
2
A minute signed in accordance with paragraph (1) is evidence that —
a
the meeting was duly convened and held;
b
the proceedings recorded in the minute took place; and
c
resolutions passed at the meeting were properly passed.
3
The validity of any proceedings of a Regional Flood and Coastal Committee are not affected by any defect in the appointment of a member.
PART 7
Transitional provisions
Definitions
30
In this Part —
“constituent councils” has the meaning given in section 15(6) of the 1995 Act;
“new Committee” means a Regional Flood and Coastal Committee established following the first division of England and Wales into regions for the purposes of section 22 of the 2010 Act;
“old Committee” has the meaning given in regulation 31; and
“specified area” means —
in relation to a regional flood defence committee established under section 14 of the 1995 Act, the area of that committee as varied by any order under Schedule 4 to the 1995 Act, or
in relation to a regional flood defence committee established by order under that Schedule, the area specified in that order as amended by any subsequent order under that Schedule.
Transitional Committees
31
1
On the coming into force of these Regulations, a regional flood defence committee established under the 1995 Act for a specified area and in existence on 31st March 2011 (“old Committee”) continues in existence as if it were established as a Regional Flood and Coastal Committee for a region covering the same area (“transitional Committee”).
2
Subject to regulation 35 (Isles of Scilly) —
a
the specified area of an old Committee is taken to be the region of the transitional Committee; and
b
the constituent councils of an old Committee are taken to be the constituent authorities of the transitional Committee.
3
Despite the requirement under section 23(1) of the 2010 Act to consult a Regional Flood and Coastal Committee, the Agency may exercise its flood and coastal erosion risk management functions in the region of a transitional Committee before 1st July 2011 without consulting the transitional Committee.
4
A transitional Committee may consent to the implementation of the regional programme for its region under section 23(2) of the 2010 Act, but the Agency may implement the regional programme before 1st July 2011 without that consent.
5
If the requirement for an old Committee to give special consent to the issue of a levy under regulations made under section 74 of the Local Government Finance Act 1988 for its specified area for the financial year beginning with 1st April 2011 is not given by that date, that requirement is satisfied if the transitional Committee consents to the issue of a levy for its region for that financial year.
6
A transitional Committee may consent to the spending of revenue under section 118 of the 1991 Act in its region in the financial year beginning with 1st April 2011.
Continuation of terms for members of transitional Committees
32
1
The members and chair of an old Committee are taken to be the members and chair of the transitional Committee.
2
The terms of appointment of a member of an old Committee continue to have effect for so long as the member holds office in the transitional Committee.
3
Any arrangement under paragraph 10 of Schedule 5 to the 1995 Act for the Agency to pay remuneration and allowances to a person who, immediately before the coming into force of these Regulations was the chair of an old Committee, continues for so long as the person is the chair of the transitional Committee.
4
Any arrangement under paragraph 10 of Schedule 5 to the 1995 Act for the Agency to pay allowances to a person who, immediately before the coming into force of these Regulations was a member of an old Committee, continues for so long as the person is a member of the transitional Committee.
5
For the purpose of calculating the period of office under regulation 17, the date a person was appointed as a member or chair of an old Committee is taken to be the date of appointment to the transitional Committee.
Continued existence of transitional Committees
33
A transitional Committee continues in existence until a new Committee is established for the region of the transitional Committee or for any part of that region.
Continuation of terms for members of new Committees
34
If a person who was originally appointed as a member or chair of an old Committee continued as a member or chair of a transitional Committee and is appointed as a member or chair of a new Committee —
a
the terms of appointment of the person as a member or chair of the old Committee continue to have effect for so long as the person holds office in the new Committee;
b
any arrangement under the 1995 Act for payment of the member continues for so long as the person holds office in the new Committee; and
c
for the purpose of calculating the period of office under regulation 17, the date the person was appointed as a member or chair of the old Committee is taken to be the date of appointment to the new Committee.
Isles of Scilly
35
1
On the coming into force of these Regulations —
a
the Isles of Scilly form part of the region of the transitional Committee of which the County of Cornwall is a constituent authority; and
b
the Council of the Isles of Scilly is taken to be a constituent authority of that transitional Committee.
2
But that transitional Committee may not consent to the spending of revenue under section 118 of the 1991 Act in the Isles of Scilly in the financial year beginning with 1st April 2011.
3
The inclusion of the Council of the Isles of Scilly as a constituent authority of a transitional Committee by virtue of regulation 35(1)(b) does not alter the number of members of that transitional Committee.
4
Before 1st December 2011, the Agency must establish a Regional Flood and Coastal Committee that includes the Council of the Isles of Scilly as a constituent authority.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th March 2011
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
6th March 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Solihull Primary Care Trust (Establishment) Amendment Order 2011 and shall come into force on 15th April 2011.
2
In this Order —
“the Establishment Order ” means the Solihull Primary Care Trust (Establishment) Order 2001 ;
“the trust” means the Primary Care Trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “the Act”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
in the definition of “operational date”, for “paragraph 1(2) of Schedule 5” substitute “paragraph 13(2) of Schedule 3;” and
c
omit the definition of “preparatory period”.
Change of name of the trust
3
The trust shall be called the Solihull Primary Care Trust instead of the Solihull Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
after “Solihull” insert “Primary”.
Effect of change of name
4
The change of name effected by article 3 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Revocation of designation as Care Trust
5
Article 2(2) of the Establishment Order is omitted.
Revocation of articles 6 and 7
6
The following articles of the Establishment Order are revoked —
a
article 6 (limitations on the exercise of functions by the trust during the preparatory period); and
b
article 7 (assistance during the preparatory period).
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
4th April 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2011.
2
They come into force on 6th January 2012.
Amendment of the Merchant Shipping (Safety of Navigation) Regulations 2002
2
1
The Merchant Shipping (Safety of Navigation) Regulations 2002 are amended as follows.
2
In regulation 5(2) —
a
after “regulation 19,” insert “regulation 19-1,”; and
b
after “regulation 34” insert “, and regulation 34-1”.
3
In regulation 5(4)(a) omit “regulations in”.
4
After regulation 11 insert —
Duty to review
12
1
The Secretary of State must from time to time —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Article 6b of Directive 2002/59/ EC of the European Parliament and of the Council of 27th June 2002 establishing a Community vessel traffic monitoring and information system (which is implemented by means of regulation 5(2) and paragraph 6A of Schedule 4) is implemented in other Member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations, and
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
.
5
In Schedule 4 —
a
after paragraph 6 insert —
6A
If a ship, to which regulation 19-1 applies, proceeds or attempts to proceed on any voyage or excursion without complying with a requirement in paragraph 4,5,6 or 7 of that regulation, the owner and the master shall each be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both.
; and
b
in paragraph 20 for the words “paragraph 3 of regulation 34” substitute “regulation 34-1”.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State
Department for Transport
12th December 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds Community Healthcare National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st April 2011.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Leeds Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2011.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
14th March 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2011 and come into force on 1st April 2011.
2
In these Regulations “the Principal Regulations ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007 .
Amendment of regulation 14 of the Principal Regulations
2
In regulation 14(1) and (2) of the Principal Regulations (voluntary adoption agencies) —
a
for “£759” in each place where it occurs substitute “£834.90”; and
b
for “£379.50” in each place where it occurs substitute “£417.45”.
Amendment of regulation 15 of the Principal Regulations
3
In regulation 15 of the Principal Regulations (adoption support agencies) —
a
in paragraph (1) for “£759” substitute “£834.90”; and
b
in paragraph (2) for “£379.50” substitute “£417.45”.
Amendment of regulation 17 of the Principal Regulations
4
1
Regulation 17 of the Principal Regulations (children’s homes etc.) is amended as follows.
2
In paragraph (1) —
a
for “£1093.40” in each place where it occurs substitute “£1202.74”;
b
for “76” in each place where it occurs substitute “69”; and
c
in sub-paragraph (b)(ii) —
i
for “£108.90” substitute “£119.79”; and
ii
for “76th” substitute “69th”.
3
In paragraph (2A) —
a
for “£728.20” in each place where it occurs substitute “£801.02”;
b
for “7” in each place where it occurs substitute “6”;
c
in sub-paragraph (b)(ii) —
i
for “£91.30” substitute “£100.43”; and
ii
for “7th” substitute “6th”.
4
In paragraph (3A) —
a
for “£475.20” in each place where it occurs substitute “£522.72”;
b
in sub-paragraph (b) —
i
for “21” substitute “17”; and
ii
in sub-paragraph (ii) —
aa
for “£28.60” substitute “£31.46”; and
bb
for “21st” substitute “17th”; and
c
in sub-paragraph (c) for “22” substitute “18”.
5
In paragraph (3B) —
a
for “£475.20” in each place where it occurs substitute “£522.72”;
b
for “20” in each place where it occurs substitute “17”; and
c
in sub-paragraph (b)(ii) —
i
for “£28.60” substitute “£31.46”; and
ii
for “20th” substitute “17th”.
6
In paragraph (3C) —
a
for “£874.50” in each place where it occurs substitute “£961.95”;
b
for “26” in each place where it occurs substitute “23”; and
c
in sub-paragraph (b)(ii) —
i
for “£86.90” substitute “£95.59”; and
ii
for “26th” substitute “23rd”.
Amendment of regulation 18 of the Principal Regulations
5
In regulation 18(b) of the Principal Regulations (local authority fostering functions) for “£2185.70” substitute “£2404.27”.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
26th February 2011


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2011 and shall come into force on 1st August 2011.
Modifications of the Income Support (General) Regulations 1987 in Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
2
1
Table A in Schedule 1 to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (Modifications of the Income Support (General) Regulations 1987 ) is amended as follows.
2
In the modifications of regulation 62 (calculation of grant income) —
a
in the substitute paragraph (2C)(b) —
i
for “regulations 38 or 39 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009” substitute “regulations 38 to 40 of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 ”, and
ii
for “regulations 46 to 48” substitute “regulations 48 to 51”; and
b
in the substitute paragraph (2C)(c) for “Education (Student Support) (No.2) Regulations (Northern Ireland) 2009” substitute “Education (Student Support) (No.2) Regulations (Northern Ireland) 2009 ”.
3
In the modifications of regulation 66A (treatment of student loans), in the substitute paragraph (1)(b), for “Student Support Information Guide 2010-11” substitute “Student Support Information Guide 2011-12 ”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
27th June 2011


text:
The Secretary of State is of the opinion that the primary object of this Order cannot be achieved by means of an Order under the Harbours Act 1964 .
Citation and commencement
1
This Order may be cited as the River Tyne (Tunnels) (Modification) Order 2011 and comes into force on 9th January 2012.
Modification of the River Tyne (Tunnels) Order 2005
2
In paragraph 4(1) of Schedule 14 (level of tolls) to the River Tyne (Tunnels) Order 2005 for the number “7” there is substituted the number “8”.
Signed by authority of the Secretary of State
Martin Woods
Head of the Transport and Works Act Order Unit
Department for Transport
19th December 2011


text:
Citation, commencement and application
1
1
This Order may be cited as the Contracting Out (Local Authorities Social Services Functions) (England) Order 2011 and shall come into force on 1st August 2011.
2
This Order shall apply in relation to England only.
Interpretation
2
In this Order —
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ;
“adult social work practice pilot scheme” is a pilot scheme relating to social services functions exercised by local authorities in relation to persons who are aged 18 or over established pursuant to the invitation of the Secretary of State for Health to submit expressions of interest dated 24th November 2010 ;
“registered social worker” means a person registered as a social worker —
in a register maintained under section 56 (the register) of the Care Standards Act 2000 ;
in a register maintained by the Scottish Social Services Council under section 44 (register of social workers and of other social service workers) of the Regulation of Care (Scotland) Act 2001 ; or
in a register maintained by the Northern Ireland Social Care Council under section 3 (the register) of the Health and Personal Social Services Act (Northern Ireland) 2001 ; and
“social services function” means any of the functions conferred by or under any of the provisions listed in the Schedule to this Order.
Contracting out: adult social work practice pilot scheme
3
1
Subject to paragraph (2), a social services function may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by a local authority whose function it is.
2
An authorisation given to a person by virtue of paragraph (1) may authorise the exercise of a social services function, and a person (or the employees of a person) to whom such an authorisation is given may exercise such a function, only where —
a
the exercise of the function is required for the purposes of the participation of the person authorised in an adult social work practice pilot scheme;
b
the function is to be exercised only in relation to persons who are aged 18 or over;
c
the function is to be exercised by, or under the supervision of, a registered social worker;
d
where the function is not exercised by a registered social worker, the function is to be exercised by a person who has the qualifications or competencies which the local authority considers to be requisite for the exercise of the function;
e
in relation to a function under the Mental Capacity Act 2005 , the function is to be exercised only to instruct as an independent mental capacity advocate a person provided by an approved provider; and
f
the function is to be exercised in accordance with relevant directions and guidance given to local authorities by the Secretary of State about the exercise of social services functions.
3
In paragraph (2)(e), “an approved provider” is a person who has entered into arrangements —
a
with the local authority whose functions are to be exercised under the authorisation; and
b
under which that person agrees to provide independent mental capacity advocates in connection with the exercise of those functions.
Contracting out: right to control pilot scheme
4
1
Subject to paragraph (3), a function under section 47(1) to (3) of the 1990 Act (assessment of needs for community care services) in relation to review cases may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by a local authority falling within paragraph (2) and whose function it is.
2
A local authority falls within this paragraph if it is a local authority that is included in the Schedule to the Community Care Services: Disabled People’s Choice and Control (Pilot Scheme) (England) Directions 2010 (“the 2010 Directions ”).
3
An authorisation given to a person by virtue of paragraph (1) may authorise the exercise of a function under section 47(1) to (3) of the 1990 Act in relation to review cases, and a person (or the employees of a person) to whom such an authorisation is given may exercise such a function, only where —
a
the exercise of the function is to take place at a time when the 2010 Directions have effect in relation to the authority;
b
the function is to be exercised only in relation to a disabled person who is aged 18 or over;
c
the function is to be exercised by a person who has the qualifications or competencies which the local authority considers to be requisite for the exercise of the function; and
d
the function is to be exercised in accordance with relevant directions and guidance given to local authorities by the Secretary of State about the exercise of functions under section 47(1) to (3) of the 1990 Act.
4
In this article —
“disabled person” has the meaning given in section 47(8) of the 1990 Act; and
“review cases” are assessments carried out under section 47(1)(a) of the 1990 Act in respect of persons who are in receipt of community care services (within the meaning of section 46(3) of that Act (local authority plans for community care services) ) at the time that the assessment is carried out.
Modification of Schedule 1 to the Local Authority Social Services Act 1970
5
Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) shall be read as if at the end (after the entry relating to the Mental Health (Wales) Measure 2010) there were added —
The Contracting Out (Local Authorities Social Services Functions) (England) Order 2011
Articles 3 and 4
Contracting out
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
21st June 2011


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
Amendment of the Income Tax (Pay As You Earn) Regulations 2003
2
The Income Tax (Pay As You Earn) Regulations 2003 are amended as follows.
3
In regulation 2 (interpretation) —
a
after the definition of “additional pay” insert —
“additional rate” in relation to the charging of income tax for any tax year, means the rate of income tax determined under section 6(2) of ITA;
b
for the definition of “notice” substitute —
“notice” means as follows and “notify” must be read accordingly —
notice in writing, or in a form authorised (in relation to the case in question) by directions under section 118 of the Finance Act 1998 (which allows certain claims etc to be made by telephone)
for the purpose of regulation 19 (Amendment of code), notice in writing or by telephone;”.
4
In paragraph (3) of regulation 7 (meaning of “code” etc) —
a
after sub-paragraph (b) insert —
ba
the additional rate code, which effects deductions of tax wholly at the additional rate;
;
b
after sub-paragraph (c) insert —
ca
the 0T code, which without allowing for personal allowances, effects deductions of tax at the basic rate, higher rate and additional rate so that during the tax year the amounts subject to deductions at the rate or rates concerned are in accordance with section 10 of ITA (income charged at the basic, higher and additional rates: individuals);
; and
c
in sub-paragraph (d), for the words after “effects deductions of tax at”, substitute —
i
the basic rate, or
ii
the basic and higher rates, or
iii
the basic, higher and additional rates so that during the tax year the amounts subject to deductions at the rate or rates concerned are in accordance with section 10 of ITA (income charged at the basic, higher and additional rates: individuals);
.
5
In regulation 15 (flat rate codes), before paragraph (1) insert —
A1
HMRC may determine that the code for use by an employer in respect of an employee for a tax year is the additional rate code, if they have reason to believe that the employee will be chargeable at the additional rate on all or a substantial part of the employee’s relevant payments.
.
6
For the cross heading which appears before regulation 32 substitute “Higher rate, additional rate and nil tax codes”.
7
After regulation 32 insert —
Additional rate code: deductions
32A
If the employee’s code is the additional rate code the employer must deduct tax at the additional rate and regulations 22 and 26 (cumulative and non-cumulative basis) do not apply.
.
8
In regulation 37 ( PAYE income paid after employment ceased) —
a
in paragraph 2 for “at the basic rate in force for the tax year in which the payment is made” substitute “using the 0T code”;
b
in paragraph 4 omit —
i
“regulations 26 and 27”, and
ii
“non-cumulative basis”.
9
In regulation 37A (income paid after cessation of employment subsequently becoming subject to PAYE) —
a
in sub-paragraph (2)(b), for “higher” substitute “additional”, and
b
in sub-paragraph (3)(b), for “higher” substitute “additional”.
10
In paragraph (2C) of regulation 46 (Form P46 where an employer does not receive Form P45 and code not known) for “at the basic rate” substitute “on the non-cumulative basis using code 0T”.
11
In the heading to regulation 49 omit “, or (c) Form P46 not signed when required”.
12
For regulation 54 substitute —
54
This Chapter applies (instead of Chapter 2) when a pension starts and either —
a
the pensioner will be continuing in employment and will be receiving relevant pension payments in addition to relevant payments from their employer, or
b
the pensioner will not be receiving relevant payments other than relevant pension payments.
.
13
After regulation 54 insert —
Relevant pension payments and relevant payments being received by a pensioner
54A
1
This regulation applies if the pensioner begins to receive relevant pension payments whilst continuing to receive relevant payments from their employer.
2
On making relevant pension payments to the pensioner, the pension payer must deduct tax on the non-cumulative basis using the 0T tax code.
3
The pension payer must send to HMRC the following information in the Form P46(Pen) —
a
the pensioner’s national insurance number, if known,
b
the pensioner’s full name,
c
the pensioner’s sex,
d
the pensioner’s date of birth,
e
the pensioner’s full address including postcode,
f
the date upon which the pension payments started,
g
the pensioner’s work payroll number and the department or branch (if any) in which the pensioner is employed,
h
confirmation that the recipient of the relevant payments is a pensioner,
i
the pension payer’s PAYE reference,
j
the pension payer’s name,
k
the pension payer’s full address including postcode, and
l
the tax code used in relation to the pension.
4
Before sending the Form P46(Pen), the pension payer must indicate in the form that code 0T is being used on a non-cumulative basis in respect of the pension.
Procedure in Form P46 (Pen) cases: code treated as issued by HMRC
54B
1
The 0T code used by the pension payer in accordance with regulation 54A is treated, for the purposes of Parts 2 to 4 (codes; deduction and repayment of tax; payments, returns and information), as having been issued by HMRC as the code for use in respect of the pensioner.
2
This does not apply for the purposes of regulation 18 (objections and appeals) and regulations 58, 60 and 61 (Form P46(Pen)) procedure, late presentation of Form P45 etc).
.
14
At the end of regulation 108(2)(d)(ii) (calculation of tax payable under PSA) insert —
and
iii
at the basic, higher and additional rates for that tax year;
.
15
For paragraph (3) of regulation 198A (Large employers) substitute —
3
The specified date for a particular tax year is 31st October in the preceding tax year.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
11th March 2011


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 and shall come into force on 17 October 2011.
2
In this Order —
“fresh claim proceedings” means judicial review proceedings which call into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 2002 wholly or partly on the basis that they are not significantly different from material that has previously been considered, and which have been begun in or transferred to the Upper Tribunal pursuant to a direction made by the Lord Chief Justice of England and Wales for the purposes of section 18(6) of the 2007 Act ;
“ LSC ” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ; and
“the Tribunal” means the Upper Tribunal.
3
This Order extends to England and Wales only.
Fees payable
2
Where fresh claim proceedings are issued in or transferred to the Tribunal, the fees set out in column 2 of Schedule 1 are payable in respect of items described in column 1 in accordance with and subject to the directions specified in that column.
3
Where by any convention, treaty or other instrument entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.
Remissions and part remissions
4
Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
22nd September 2011
We consent
James Duddridge
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
21st September 2011