text:
Citation and commencement
1
This Order may be cited as the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 and shall come into force on the day after the date on which it is made.
Interpretation
2
In this Order —
“an immigration or asylum matter” means a matter in respect of which functions are allocated to the Immigration and Asylum Chamber of the First-tier Tribunal under article 5 of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 ;
“appellant” means any person identified in the notice of appeal as appealing in relation to an immigration and asylum matter to the First-tier Tribunal;
“ BACS ” means the method of payment known as “Banks Automated Clearing System” by which money is transferred from one bank in the United Kingdom to another by means of an automated system;
“international money transfer” means a method of payment by which money is transferred from a bank account outside the United Kingdom to a bank account in the United Kingdom by means of an automated system;
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999 ;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 .
Fees for appeals
3
1
A fee is payable in respect of an appeal to the First-tier Tribunal where the appeal relates to an immigration or asylum matter and the decision against which the appeal is made was taken on or after the coming into force of this Order.
2
The fee is payable by or in respect of each appellant on the date on which the Notice of Appeal is given.
3
The fee payable is —
a
where the appellant consents to the appeal being determined without a hearing, £80; or
b
where the appellant does not consent to the appeal being determined without a hearing, £140.
4
Subject to paragraph (5), where after making payment in accordance with paragraph (3)(a), the appellant withdraws their consent to the appeal being determined without a hearing, the difference between the amounts specified in subparagraphs (a) and (b) of paragraph (3) (“the balance”) becomes payable on the withdrawal of that consent.
5
The balance referred to in paragraph (4) ceases to be payable if the Tribunal decides that the appeal can be justly determined without a hearing.
6
This article is subject to articles 5, 6 and 7.
Method of paying fee
4
1
The fee payable must be paid by one of the following methods —
a
credit card;
b
debit card;
c
BACS; or
d
international money transfer.
2
For the purposes of enabling payment to be made by or in respect of the appellant —
a
authorisation to take payment and details of the credit or debit card, or
b
an undertaking by or on behalf of each appellant to pay by BACS or an international money transfer,
must be provided at the same time as the giving of the notice of appeal or the subsequent withdrawal of their consent to the appeal being determined without a hearing (as the case may be).
Exemption from fees
5
1
No fee is payable for —
a
an appeal against a decision made under —
i
section 2A of the 1971 Act (deprivation of right of abode);
ii
section 5(1) of the 1971 Act (a decision to make a deportation order);
iii
paragraphs 8, 9,10, 10A or 12(2) of Schedule 2 to the 1971 Act (a decision that an illegal entrant, any family or seaman and aircrew is or are to be removed from the United Kingdom by way of directions);
iv
section 40 of the British Nationality Act 1981 (deprivation of citizenship);
v
section 10(1) of the 1999 Act (removal of certain persons unlawfully in the United Kingdom);
vi
section 76 of the 2002 Act (revocation of indefinite leave to enter or remain in the United Kingdom);
vii
section 47 of the Immigration, Asylum and Nationality Act 2006 (removal: persons with statutorily extended leave);
viii
regulation 19(3) of the Immigration (European Economic Area) Regulations 2006 (a decision to remove an EEA national or the family member of such a national); or
b
an appeal to which Part 2 of the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 applies.
2
No fee is payable where, at the time the fee would otherwise become payable, the appellant is, under the 1999 Act —
a
a “supported person” as defined in section 94(1); or
b
provided with temporary support under section 98.
3
No fee is payable where, for the purpose of proceedings before the Tribunal, the appellant is in receipt of —
a
funding provided by the Legal Services Commission, established under section 1 of the Access to Justice Act 1999 , as part of the Community Legal Service;
b
legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 ; or
c
civil legal aid or advice and assistance under the Legal Aid (Scotland) Act 1986 .
4
No fee is payable where the appellant is the person for whose benefit services are provided by a local authority under section 17 of the Children Act 1989 .
5
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.
Power to defer payment in certain cases
6
The Lord Chancellor may defer payment of a fee where the appeal is brought on the grounds that the removal of the appellant from, or a requirement for the appellant to leave, the United Kingdom would breach the United Kingdom’s obligations under either —
a
the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention; or
b
article 21 of Directive 2004/83/ EC of the European Parliament and Council of 29 April 2004.
Reduction or remission of fees
7
A fee specified in this Order may be reduced or remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.
Certificate of fee satisfaction
8
1
The Lord Chancellor must issue a certificate of fee satisfaction if satisfied that —
a
the appropriate fee payable under article 3 has been paid;
b
in view of an undertaking given by or on behalf of the appellant, payment will be promptly made by BACS or an international money transfer;
c
no fee is payable;
d
payment is to be deferred in accordance with article 6; or
e
the appellant has, at the time a fee would otherwise be payable under article 3, applied for the fee to be reduced or remitted in accordance with article 7.
2
The issuing of such a certificate is without prejudice to the power to recover the amount of any payable fee or part of such fee which remains unpaid and unremitted.
3
The Lord Chancellor may revoke a certificate of fee satisfaction and if a certificate is revoked, the Tribunal shall be notified accordingly.
Refunds
9
1
Subject to paragraph (2) —
a
where the fee payable under article 3(3)(b) has been paid but the appeal is determined without a hearing, the difference between the amounts specified in article 3(3)(a) and 3(3)(b) may be refunded; and
b
where a fee has been paid which the Lord Chancellor, if all the circumstances had been known, would have reduced or remitted under article 7, the fee or the amount by which the fee would have been reduced, as the case may be, shall be refunded.
2
No refund will be made under this article unless the appellant applies in writing to the Lord Chancellor within 6 months of the date the fee becomes payable.
3
The Lord Chancellor may extend the period of 6 months mentioned in paragraph (2) if the Lord Chancellor considers there is a good reason for the application being made after the end of the period of 6 months.
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Department
18th December 2011
We consent
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Money Laundering (Amendment) Regulations 2011, and come into force on 1st November 2011.
Amendment of the Money Laundering Regulations 2007
2
In regulation 13 of the Money Laundering Regulations 2007 , after paragraph (9), insert —
10
The product is a junior ISA within the meaning given by regulation 2B of the Individual Savings Account Regulations 1998 .
.
Angela Watkinson
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
26th July 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hull and Goole Port Health Authority Order 2011 and shall come into force on 24th March 2011.
2
The Order applies in relation to England.
3
In this Order —
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“the joint board” means the joint board established under article 3;
“the Port of Humber” means the port of that name established for the purposes of the enactments for the time being in force relating to customs or excise; and
“the proper officer”, in relation to any purpose and any body, means the officer appointed for that purpose by that body.
4
The riparian authorities specified for the purposes of this Order are the Kingston upon Hull City Council, East Riding of Yorkshire Council and North Lincolnshire Council.
5
References in this Order to reference points shall be construed as references to National Grid reference points.
The port health district
2
1
For the purposes of the Act, the part of the Port of Humber described in paragraph (2) together with the land and water described in paragraph (3) shall be a port health district.
2
The part of the Port of Humber which is described in this paragraph is the area which lies to the west of a line drawn between reference point TA 1878 1731 on the south bank of the Humber and reference point TA 2215 2023 on the north bank of the Humber.
3
The land and water described in this paragraph are such part of the district of the specified riparian authorities as is adjacent to or abuts on the waters of the part of the Port of Humber described in paragraph (2) and which comprises the whole of any wharf and of the area within the gates of any dock and the buildings upon it.
The port health authority
3
1
The port health authority for the port health district constituted under article 2 shall be a joint board consisting of eleven members of whom six shall be appointed by the Kingston upon Hull City Council, two shall be appointed by the East Riding of Yorkshire Council and three shall be appointed by the North Lincolnshire Council.
2
The joint board constituted under paragraph (1) shall be called the Hull and Goole Port Health Authority.
Appointment of members and meetings of the joint board
4
1
The specified riparian authorities shall appoint members to the joint board at meetings to be held in June each year.
2
The joint board shall meet not less than three times each year beginning 1st June.
3
If a person appointed to the joint board is unable to attend any meeting of the joint board another member of the Council of which that person is a member may attend that meeting instead.
4
Any vacancies occurring amongst members of the joint board shall be filled by the riparian authority in whose representation the vacancy occurred at a meeting to be held as soon as possible after such occurrence.
5
Not less than three days before a meeting of a specified riparian authority at which it is proposed to appoint a member of the joint board, the proper officer of that authority shall give notice of the meeting and of the proposed appointment to every member of that authority.
6
The proper officer of a specified riparian authority shall immediately notify in writing to the proper officer of the joint board the name, address and occupation of any person appointed by that officer’s authority to be a member of the joint board.
7
A person appointed to the joint board shall cease to be a member of the board if they cease to be a member of the specified riparian authority by which they were appointed.
Retirement of members
5
1
All members of the joint board shall retire from office and the newly appointed members shall come into office on 1st June each year.
2
A retiring member of the joint board may be re-appointed to the board for a further term of office if at the time of their re-appointment they are otherwise qualified to be appointed.
Chair of the joint board
6
1
The chair of the joint board shall be elected annually by the members of the board from amongst the members.
2
The election of the chair shall be the first business transacted at the annual meeting of the joint board.
3
In the case of equality of votes the person presiding at the annual meeting shall give a casting vote in addition to any other vote they may have.
4
The chair shall, unless they resign or become disqualified, continue in office until their successor becomes entitled to act as chair.
5
During their term of office the chair shall continue to be a member of the joint board.
Application of provisions of the Local Government Act 1972 to the joint board
7
1
The provisions of the Local Government Act 1972 listed in Schedule 1 shall apply to the joint board as port health authority.
2
For the purposes of paragraph (1) —
a
a reference in the Local Government Act 1972 to local authorities or to any council shall be read as a reference to the joint board;
b
a reference in that Act to an office held under that Act or otherwise shall be read as a reference to the office of member of the joint board; and
c
a reference in that Act to functions shall be read as functions conferred on the joint board as port health authority under this Order.
Jurisdiction
8
The joint board shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to the joint board
9
1
There are assigned to the joint board as port health authority the functions, rights and liabilities of a local authority or a food authority under the enactments specified in Schedule 2, insofar as they are applicable to a port health authority and to any land, waters, premises, vessels or persons within its jurisdiction.
2
For the purpose of paragraph (1), the enactments mentioned in Schedule 2 shall have effect as if —
a
any vessel lying within their jurisdiction were a house, building or premises; and
b
the master or other officer or person in charge of the vessel were the occupier.
3
This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1 of that Act.
Expenses
10
1
Any expenses incurred by the joint board shall be defrayed out of a common fund to be contributed to by the specified riparian authorities in the following proportions —
Kingston upon Hull City Council 65% East Riding of Yorkshire Council 12.75% North Lincolnshire Council 22.25%
2
The contributions set out in paragraph (1) may be varied with the agreement of all three specified riparian authorities.
3
Paragraph (4) applies where —
a
one or more of the specified riparian authorities seeks to vary the contributions but an agreement cannot be reached;
b
five years have elapsed since this Order was made; and
c
the contributions have not been varied for five years or more.
4
A single arbitrator agreed upon by the specified riparian authorities (or in default of agreement a person nominated by the President of the Chartered Institute of Arbitrators for the time being) may determine the contribution of each specified riparian authority.
Revocation
11
The Hull and Goole Port Health Authority Order 1982 is revoked .
Signed by authority of the Secretary of State for Health.
Jonathan Stopes-Roe
A Member of the Senior Civil Service,
Department of Health
23rd March 2011


text:
Citation and commencement
1
1
This Order may be cited as the Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) Order 2011.
2
It comes into force on 1st January 2012 and has effect in relation to products that are charged with duty under the Oil Act on or after that date and before 1st August 2012.
Interpretation
2
In this Order —
a
expressions used in this Order and in section 27(1) (interpretation) of the Oil Act have the same meaning as in the Oil Act;
b
“fuel oil” has the same meaning as in section 11(2) of the Oil Act ;
c
“fuel substitutes duty” means the duty charged by section 6A(1) of the Oil Act ;
d
“hydrocarbon oil duty” means the duty charged by section 6(1) of the Oil Act ;
e
“the Oil Act” means the Hydrocarbon Oil Duties Act 1979 .
Adjustments of liability to duty on hydrocarbon oil, biodiesel and bioethanol
3
1
The following are adjusted in accordance with Table A —
a
the liability to hydrocarbon oil duty in respect of the products listed in rows (a) to (d) ;
b
the liability to the duty charged on biodiesel by section 6AA(1) of the Oil Act ;
c
the liability to the duty charged on bioethanol by section 6AD(1) of the Oil Act ,
by the deduction from the amount payable of the percentages specified in column (C).
Table A
(A) (B) (C) (D)
Product Amount payable before adjustment (pence per litre) Percentage deduction Amount payable after adjustment
(pence per litre)
(a) Unleaded petrol 60.97 4.95 57.95 (b) Light oil other than unleaded petrol 70.69 4.27 67.67 (c) Heavy oil 60.97 4.95 57.95 (d) Aviation gasoline 39.66 4.94 37.70 (e) Biodiesel 60.97 4.95 57.95 (f) Bioethanol 60.97 4.95 57.95
2
The figures in columns (B) and (D) are only for ease of reference and comprehension of effect.
Adjustments of rights to rebate of duty on hydrocarbon oil
4
1
The following are adjusted in accordance with Table B —
a
the right to rebate allowed by section 11(1) (heavy oils not for road fuel use) of the Oil Act in respect of the products listed in rows (a) and (b) ;
b
the right to rebate allowed on kerosene by section 13AA(1) (kerosene not for road fuel use or heating) of the Oil Act ;
c
the right to rebate allowed on heavy oil by section 13ZA (certain heavy oil used for heating etc.) of the Oil Act ;
d
the right to rebate allowed on light oil by section 14(1) (light oil for use as furnace fuel) of the Oil Act ;
e
the right to rebate allowed on biodiesel by section 14A(2) (biodiesel not for road fuel use) of the Oil Act,
by the addition to the amount allowable of the percentage specified in column (C) .
Table B
(A) (B) (C) (D)
Product Rebate allowable before adjustment (pence per litre) Percentage addition Rebate allowable after adjustment (pence per litre) (a) Fuel oil 49.71 1.13 50.27 (b) Gas oil 49.25 1.18 49.83 (c) Kerosene 49.25 1.18 49.83 (d) Other heavy oil 49.71 1.13 50.27 (e) Light oil 59.43 0.94 59.99 (f) Biodiesel 49.25 1.18 49.83
2
The figures in columns (B) and (D) are only for ease of reference and comprehension of effect.
Adjustments of liability to fuel substitutes duty
5
1
This article applies where the rate of fuel substitutes duty for a product is prescribed by the Other Fuel Substitutes (Rates of Excise Duty etc.) Order 1995 by reference to the rate of hydrocarbon oil duty specified in the Oil Act for —
a
unleaded petrol,
b
light oil other than unleaded petrol,
c
heavy oil, or
d
aviation gasoline.
2
The liability to fuel substitutes duty in the case described by paragraph (1)(a) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (a) of Table A.
3
The liability to fuel substitutes duty in the case described by paragraph (1)(b) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (b) of Table A.
4
The liability to fuel substitutes duty in the case described by paragraph (1)(c) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (c) of Table A.
5
The liability to fuel substitutes duty in the case described by paragraph (1)(d) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (d) of Table A.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Staffordshire and Stoke on Trent Partnership National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st September 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 Staffordshire and Stoke on Trent Partnership 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 chair, 5 executive directors and 5 non-executive directors.
2
If the Secretary of State suspends the chair, 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 September 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
11th August 2011


text:
Citation, commencement, effect and interpretation
1
1
This Order may be cited as the Taxation of Equitable Life (Payments) Order 2011 and shall come into force on the day after the day on which it is made.
2
This Order has effect in relation to authorised payments made after the day on which this Order is made.
3
In this Order “authorised payment” means a payment to which section 1 of the Equitable Life (Payments) Act 2010 applies.
Capital gains tax
2
An authorised payment shall be disregarded for the purposes of capital gains tax.
Corporation tax
3
An authorised payment shall be disregarded for the purposes of the Corporation Tax Acts.
Income tax
4
An authorised payment shall be disregarded for the purposes of the Income Tax Acts.
Inheritance tax
5
1
For the purposes of the Inheritance Tax Act 1984 —
a
in determining the value of a person’s estate immediately before that person’s death, no account shall be taken of any value attributable to a right to, or interest in, an authorised payment made after that person’s death; and
b
in determining the value of relevant property immediately before a ten-year anniversary for the purposes of the charge under section 64 of the Inheritance Tax Act 1984, no account shall be taken of any value attributable to a right to, or interest in, an authorised payment made on or after that ten-year anniversary.
2
In this article —
“estate” has the meaning given by section 272 of the Inheritance Tax Act 1984;
“relevant property” has the meaning given by section 58 of that Act; and
“ten-year anniversary” has the meaning given by section 61 of that Act.
Tax Credits
6
In calculating investment income in accordance with regulation 10 of the Tax Credits (Definition and Calculation of Income) Regulations 2002 , an authorised payment shall be disregarded.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 2011


text:
Citation, commencement and application
1
1
These Regulations —
a
may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2011, and
b
come into force on 15th February 2011.
2
These Regulations apply in relation to authorities in England only .
3
These Regulations apply in relation to the financial year beginning on 1st April 2011.
Interpretation
2
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992; and
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) – calculation
3
Section 32 of the 1992 Act has effect as if —
a
in subsection (3)(a) , the words “or relevant special grant” were omitted;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below “police grant” means the grant payable in accordance with column (a) of paragraph 3.1 of the Police Grant Report (England and Wales) 2011/12 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 9th February 2011.
; and
c
after subsection (12) there were inserted the following subsection —
12A
In this section and section 33 below —
a
references to sums payable for the financial year in respect of redistributed non-domestic rates are references to sums so payable in accordance with the Local Government Finance Report (England) 2011/2012 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 9th February 2011, and
b
references to sums payable for the financial year in respect of revenue support grant are references to sums so payable in accordance with that report.
.
Basic amount of council tax (billing authorities) - calculation
4
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) - calculation
5
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) , the words “, relevant special grant” were omitted; and
b
for subsection (6A) there were substituted the following subsection —
6A
In this section and section 44 below —
a
“police grant” has the meaning given by section 32(12) above, and
b
references to sums payable for the financial year in respect of redistributed non-domestic rates or revenue support grant are to be construed in accordance with section 32(12A) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) - calculation
6
Section 44(1) of the 1992 Act has effect as if the words “, relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) - calculation
7
Section 85 of the 1999 Act has effect as if —
a
in subsection (5)(a)(i) , the words “relevant special grant,” were omitted; and
b
after subsection (9) there were added the following subsection —
9A
In subsection (5)(a) —
a
the reference to sums payable for the financial year in respect of redistributed non-domestic rates is a reference to sums so payable in accordance with the Local Government Finance Report (England) 2011/2012 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 9th February 2011, and
b
the reference to sums payable for the financial year in respect of revenue support grant is a reference to sums so payable in accordance with that report.
.
Basic amount of council tax (Greater London Authority) - calculation
8
Section 88 of the 1999 Act has effect as if —
a
in subsection (2) , in the definition of P1, paragraph (e) and the word “and” preceding it were omitted; and
b
in subsection (4) , paragraph (d) and the word “and” preceding it were omitted.
Additional calculation: special item for part of Greater London
9
Section 89 of the 1999 Act has effect as if —
a
in subsection (4) , in the definition of P2, paragraph (f) and the word “and” preceding it were omitted; and
b
in subsection (6) , paragraph (e) and the word “and” preceding it were omitted.
Interpretation of Chapter 1 of Part 3 of the 1999 Act
10
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
11
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) , paragraph (c) were omitted; and
b
for subsection (8) there were substituted the following subsection —
8
In this section —
a
the reference to sums received for the financial year in respect of redistributed non-domestic rates is a reference to sums so received in consequence of the Local Government Finance Report (England) 2011/2012 approved by a resolution of the House of Commons pursuant to section 79(2) of, and paragraph 11(2) of Schedule 8 to, the Local Government Finance Act 1988 on 9th February 2011, and
b
the reference to sums received for the financial year in respect of revenue support grant is a reference to sums so received in consequence of that report.
.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
9th February 2011


text:
1
This Order may be cited as the European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Republic of Indonesia) Order 2011.
2
It shall come into force on the date on which the treaty specified in the Schedule enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
3
The treaty specified in the Schedule is to be regarded as an EU Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and Commencement
1
This Order may be cited as the Landfill Tax (Qualifying Material) Order 2011 and comes into force on 1st April 2011 and has effect in relation to disposals made or treated as made on or after that day.
Revocation
2
The Landfill Tax (Qualifying Material) Order 1996 is revoked.
Qualifying Materials
3
Subject to articles 4 to 6, the material listed in column 2 of the Schedule to this Order (“the Schedule”) is qualifying material for the purpose of section 42 of the Finance Act 1996.
4
The Schedule shall be construed in accordance with the notes contained in it.
5
The material listed in column 2 of the Schedule must not be treated as qualifying material unless any condition set out alongside the description of the material in column 3 of the Schedule is met.
6
Where the owner of the material immediately prior to the disposal and the operator of the landfill site at which the disposal is made are not the same person, material must not be treated as qualifying material unless it meets the relevant condition.
7
The relevant condition is that a transfer note includes in relation to each type of material of which the disposal consists a description of the material which —
a
accords with its description in column 2 of the Schedule;
b
accords with a description listed in a note to the Schedule (other than by way of exclusion); or
c
is some other accurate description.
8
In article 7 above “transfer note” means a transfer note within the meaning of —
a
the Environmental Protection (Duty of Care) Regulations 1991 in relation to a disposal at a landfill site in Great Britain, or
b
the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002 in relation to a disposal at a landfill site in Northern Ireland.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 2011


text:
Citation
1
This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 6) Order 2011.
Appointed day
2
29th November 2011 is the day appointed for the coming into force of the following provisions of the Welfare Reform Act 2009 —
a
section 12(5) (conditions for contributory jobseeker’s allowance), in so far as it inserts subsections (3B)(a) and (3C) only into section 2 of the Jobseekers Act 1995 ; and
b
section 13(5)(a) and (b) (conditions for contributory employment and support allowance).
Signed by authority of the Secretary of State for Work and Pensions.
Lord Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
28th November 2011


text:
PART 1 Introduction
Title, application and commencement
1
This Order may be cited as the Pigs (Records, Identification and Movement) Order 2011; it applies in England and comes into force on 1st October 2011.
Interpretation
2
In this Order —
“ BPEX ” means the division of the Agriculture and Horticulture Development Board with responsibility for the pig industry in England;
“ CPH number ” means the county parish holding number assigned to a holding by the Secretary of State;
“herdmark” means an alphanumeric code issued by the Secretary of State under article 4(2);
“holding” means any establishment, construction or, in the case of an open air farm, any place in which pigs are held, kept or handled;
“identification mark” means an eartag or tattoo which complies with article 6;
“keeper” means any person having care and control of pigs, whether on a temporary or permanent basis, but does not include a person who only transports pigs;
“ MLCSL ” means Meat and Livestock Commercial Services Limited.
Notifications etc
3
1
Any notification, licence, or approval issued under this Order must be in writing.
2
Licences and approvals may be subject to conditions and may be suspended, amended or revoked in writing at any time.
PART 2 Records
Notification of holdings
4
1
An occupier of a holding who begins to keep pigs on that holding, and any person who takes over the occupation of a holding where pigs are kept, must notify the Secretary of State within one month of —
a
their name and address; and
b
the address of the holding.
2
On receipt of a notification under paragraph (1) the Secretary of State must issue a herdmark.
3
The occupier must notify the Secretary of State of any change to the information in paragraph (1) within one month.
4
The occupier must notify the Secretary of State within one month if they cease to keep pigs at any holding notified under paragraph (1).
Records
5
1
Within 36 hours of the movement of a pig on or off a holding the keeper must complete the form in the Schedule.
2
Once a year a keeper must record the maximum number of pigs normally on the holding and the actual number of pigs on the holding at that date.
3
The keeper must keep these records for at least 3 years.
PART 3 Identification
Ear tags and tattoos
6
1
An ear tag must be —
a
easy to read during the pig’s lifetime;
b
made of either metal or plastic or a combination of metal and plastic;
c
tamper-resistant;
d
incapable of re-use;
e
sufficiently heat-resistant that neither the ear tag nor the information printed or stamped on it can be damaged by the processing of the carcase following slaughter; and
f
designed to remain attached to the pig without harming it.
2
A tattoo must be applied either by tattoo forceps, in which case it must be on an ear, or by slap-marking equipment, in which case it must be on each shoulder and must, in either case, be easy to read.
3
As an alternative to applying a tattoo by the methods referred to in paragraph (2) a keeper may apply a tattoo to each shoulder by means of equipment which uses compressed air to drive the tattooing pins into the skin of the pig provided the tattoo is easy to read.
4
A keeper may mark a pig with any further information, or add further information to the ear tag or tattoo provided that the further information is clearly distinguished from the information required under this Order.
Identification of pigs moved off a holding
7
1
No person may move a pig off a holding unless it has —
a
an ear tag with the letters “ UK ” followed by the herdmark of the holding from which it is being moved; or
b
a tattoo showing that herdmark (with or without the letters “UK”);
applied in accordance with article 6.
2
Subject to the Disease Control Order (England) 2003 in the case of a market —
a
a pig may be moved off if it is marked with the herdmark of the holding from which it arrived;
b
if the pig is not correctly identified when it arrives at a market a keeper may correct the identification so that it is identified with the herdmark of the holding from which it arrived, but if he does not do so it may only be returned to the holding from which it came.
Exception for a pig less than one year old
8
1
Article 7 does not apply in relation to a pig less than one year old provided that it is identified with a temporary mark that —
a
either by itself or by reference to a document accompanying the pig during the movement enables the holding from which the pig was last moved to be identified; and
b
lasts until the pig reaches its destination.
2
This exception does not apply in relation to a pig being moved —
a
to a market;
b
to a slaughterhouse;
c
for the purposes of intra-Community trade or export; or
d
to a show.
Additional identification requirements for movements of pigs to shows, porcine semen centres etc.
9
1
No person may move a pig off a holding —
a
to a show or exhibition;
b
for breeding purposes with the intention of returning the pig to the holding from which it was moved; or
c
for the purpose of collection of semen at a porcine semen centre;
unless it is marked in accordance with article 7 and with an identification mark that includes a unique individual identification number.
Additional requirements for export
10
No person may move a pig off a holding for the purposes of intra-Community trade or export unless it has an ear tag or tattoo in its ear, in either case bearing the letters “UK” followed by a herdmark and a unique individual identification number.
Identification of pigs moved onto a holding from outside the European Union
11
1
Subject to paragraph (3) any person importing a pig from outside the European Union must apply an ear tag or tattoo to the pig containing the following information, in the following order —
a
the letters “UK”;
b
the herdmark of the herd into which the imported pig is introduced;
c
any other information, if the keeper wishes to apply such information; and
d
the letter “F”.
2
The ear tag or tattoo must be applied to the pig within 30 days of its arrival at the holding of destination and, in any event, before it is moved from that holding.
3
A person importing a pig from outside the European Union need not apply a new identification mark in accordance with paragraph (1) where a pig is moved directly to a slaughterhouse and is slaughtered within 30 days of arrival.
PART 4 Movements
Movement of pigs other than movements to markets or collection centres
12
1
Subject to articles 13, 14, 15 and 16(2) keepers, other than markets, must notify BPEX of all movements of pigs from their holdings before those movements take place.
2
Keepers may notify BPEX electronically by entering the following information onto the BPEX movement recording system —
a
the address, including the postcode, and CPH number of the holdings from and to which the pigs are being moved;
b
the date of the movement;
c
the number of pigs being moved;
d
the identification mark of each pig moved, and in the case of a movement specified in article 9 or 10 that must include the unique individual identification number required by those articles.
3
If a keeper does not notify BPEX electronically they must provide the information listed in paragraph (2) by telephone or in writing to MLCSL and may not move those pigs until they have received a document from MLCSL recording that information.
4
When MLCSL receives notification of movement information under paragraph (3) it must, within one working day of receipt excluding weekends, send the keeper sufficient copies of a document recording that information to enable the keeper, and any transporter and the keeper at the holding of destination to meet their recording obligations.
5
When pigs are moved from a market the market must notify BPEX of the information at paragraph (2) in relation to those pigs electronically on the day of the movement.
6
In this article “BPEX movement recording system” means the electronic movement recording system maintained for the purpose of notifications under this Order by BPEX and “working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .
Transitional provisions
13
1
Until 1st April 2012 a keeper, other than a market, sending pigs to another holding may, instead of notifying the movement under article 12, complete and sign a document that specifies —
a
the address, including postcode and CPH number of the holding from and to which the pigs are being moved;
b
the date of the movement;
c
the number of pigs that the document covers;
d
the identification mark of each pig moved, and in the case of a movement specified in article 9 or 10 that must include the unique individual identification number required by those articles.
2
The keeper must give a copy of this document to the person transporting the pigs.
3
The transporter must give a copy of this document to the keeper receiving the pigs.
4
The keeper who is given a copy of this document when receiving the pigs must send it within 3 days to MLCSL.
Movement of pigs to markets or collection centres
14
A keeper moving pigs to a market or collection centre need not notify the movement in advance if the market or collection centre agrees to notify BPEX electronically on the day of the pigs arrival of the information listed at article 12(2) on behalf of the keeper.
Movement of pigs to veterinary practices for emergency treatment
15
A keeper moving a pig to a veterinary practice for emergency treatment need not notify the movement.
Movement of pigs from shows
16
1
When a keeper intends to move a pig from their holding to a show and knows which holding they intend to move the pig to after the show they must notify both the movement to the show and the movement from the show in accordance with article 12 before moving the pig to the show.
2
When a keeper moves a pig to a show without knowing to which holding they will move the pig after the show they must provide, in relation to the movement from the show, the information in article 12(2) to BPEX or MLCSL within 3 days of the move from the show.
Transport of pigs
17
1
Any person transporting pigs must carry a document that specifies —
a
the address, including postcode and CPH number of the holdings from and to which the pigs are being moved;
b
the date of the movement;
c
the number of pigs that the document covers;
d
the identification mark of each of the pigs moved and in the case of a movement specified in article 9 or 10, this must include the unique individual identification number required by those articles; and
e
in the case of a movement from a market, the lot numbers of the pigs being moved;
and, if the movements are not being reported electronically, is signed by the keeper.
2
The transporter must give two copies of the document to the keeper at the holding of destination if the keeper is not able to notify BPEX electronically that he has received those animals.
Arrival of pigs at a holding
18
1
The keeper at the holding of destination must keep the document referred to in article 17(1) for at least 6 months unless they notify the movement under paragraph (2)(a).
2
The keeper at the holding of destination must, within 3 days of arrival of the pigs, either —
a
record on the BPEX pig movement system the number of pigs arriving at their holding; or
b
submit the same information to MLCSL by telephone, by fax or in writing.
Export of Pigs
19
In the case of a pig moved from a holding to a port and intended for consignment outside Great Britain the keeper at that holding must send a copy of the document referred to in article 17 (1) to MLCSL within 3 days of the animal leaving the holding.
Walking licences for pet pigs
20
The Secretary of State may grant a walking licence to a keeper of a pet pig allowing them to take the pig for a walk off the holding without complying with article 5 or 12, but the person walking the pig must carry a copy of the licence throughout the walk.
Approved holdings
21
1
The Secretary of State may approve a holding for the purposes of movements of pigs intended for breeding or growing.
2
The approval must specify which holdings pigs may be moved from and which holdings they may be moved to.
3
A movement of pigs between holdings approved under this article does not trigger the standstill period in the Disease Control (England) Order 2003 .
PART 5 Miscellaneous
Removing or defacing an identification mark
22
No person may, unless authorised by the Secretary of State, remove or deface an identification mark.
Replacement of an identification mark
23
1
A keeper must replace an identification mark if it has —
a
become illegible;
b
been removed for welfare reasons; or
c
been lost.
2
Any person replacing an identification mark must either —
a
apply an identical identification mark; or
b
apply a new identification mark and cross-refer the new identification mark with the original identification mark in the record kept under article 5.
Production of documents and records
24
An inspector may require any record made under this Order to be produced on demand and a copy or printout of it to be made.
Enforcement
25
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that they will enforce this Order instead of the local authority.
3
In this article “local authority” means —
a
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for a local government area, that authority;
b
where there is not a unitary authority —
i
in a metropolitan district, the council of that district;
ii
in a non-metropolitan county, the council of that county;
iii
in each London borough, the council of that borough; and
iv
in the City of London, the Common Council.
Review
26
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of articles 3 to 25;
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 Council Directive 2008/71/ EC on the identification and registration of pigs 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 those provisions;
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
“Review period” means —
a
the period of five years beginning with the day on which this Order comes 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.
Revocations and amendments
27
1
The Pigs (Records, Identification and Movement) Order 2007 is revoked .
2
In article 12(2) of the Disease Control Order 2003 replace “article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No 2) Order 2003” with “article 20 of the Pigs (Records, Identification and Movement) (England) Order 2011”.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
29th August 2011


text:
Citation and commencement
1
This Order may be cited as the Occupational Pension Schemes (Levy Ceiling – Earnings Percentage Increase) Order 2011 and shall come into force on 9th March 2011.
The earnings percentage
2
For the purposes of section 178(3)(a) of the Pensions Act 2004 (the levy ceiling), the percentage by which it appears to the Secretary of State that the general level of earnings has increased during the review period is 2.4%.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
31st January 2011


text:
Citation and commencement
1
1
This Order may be cited as the Office of the Renewable Fuels Agency (Dissolution and Transfer of Functions) Order 2011.
2
This article and article 6 come into force on 18th March 2011.
3
Articles 2, 3, 4, 5 and 7 come into force on 1st April 2011.
Interpretation
2
In this Order, “the RFA ” means the Office of the Renewable Fuels Agency.
Dissolution of the RFA
3
The RFA is dissolved.
Transfer of functions
4
The functions of the RFA are transferred to the Secretary of State.
Transfer of property, rights and liabilities
5
1
The property, rights and liabilities of the RFA are transferred to the Secretary of State.
2
The transfer referred to in paragraph (1) has effect in spite of anything that would prevent or restrict the transfer of that property and those rights and liabilities otherwise than by this Order.
3
Anything done by or in relation to the RFA has effect as if done by or in relation to the Secretary of State.
4
Anything (including legal proceedings) which is in the process of being done by or in relation to the RFA immediately before its dissolution may be continued by or in relation to the Secretary of State.
5
References to the RFA in any instrument or other document have effect as references to the Secretary of State.
6
Paragraph (1) does not apply to rights and liabilities under contracts of employment.
Transfer of employees
6
The Transfer of Undertakings (Protection of Employment) Regulations 2006 have effect as if the transfer under article 4 is a relevant transfer for the purposes of those Regulations.
Amendment of the Renewable Transport Fuel Obligations Order 2007
7
1
The Renewable Transport Fuel Obligations Order 2007 is amended as follows.
2
Omit the definition of “Chief Executive” in article 2(1).
3
For article 6, substitute —
The Administrator
6
The Secretary of State is appointed as the Administrator.
4
Omit article 14(2) and (4)(c) and (h).
5
For article 14(3), substitute —
3
The Administrator must lay a copy of the report before each House of Parliament.
6
Omit article 15(1)(a) to (c).
7
For article 15(1)(d), substitute —
d
to carry out such calculations or analysis as may be required for purposes connected with the implementation of provision made by or under Chapter 5 of Part 2 of the 2004 Act;
.
8
In article 15(3), for “paragraph (1) or (2)” substitute “paragraph (2)(b)”.
9
In article 20(5)(b)(ii), (6), (7)(a), (8) and (9), for “the Chief Executive” substitute “the Administrator”.
10
Omit article 20(10).
11
In article 20(11), for “the decision of the Chief Executive or other member” substitute “its decision”.
12
In article 20(12)(a), for “neither the Chief Executive nor another member reconsiders” substitute “the Administrator does not reconsider”.
13
In article 20(13) and (14), omit “, Chief Executive or other member”.
14
Omit the Schedule.
Philip Hammond
Secretary of State
Department for Transport
22nd February 2011


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (South Africa) Order 2011.
Double taxation and international tax enforcement arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Protocol set out in the Schedule to this Order, which amend the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (South Africa) Order 2002 , have been made with the Government of the Republic of South Africa;
b
the arrangements have been made with a view to affording relief from double taxation in relation to income tax, corporation tax, capital gains tax and taxes of a similar character imposed by the laws of the Republic of South Africa and for the purpose of assisting international tax enforcement; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment No. 2) Regulations 2011 and shall come into force at 11.45 a.m. on 6th December 2011.
2
These Regulations have effect in relation to shares, ships or aircraft which are matched on or after that date in accordance with regulations 3 or 4 of the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 .
Amendments to the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004
2
The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 are amended as follows.
Amendment of regulation 2 (interpretation)
3
In regulation 2 (interpretation), after paragraph (3) insert —
3A
For the purposes of these Regulations, a liability representing a loan relationship or a derivative contract is treated as matched with shares, ships or aircraft from the date that, and to the extent that, either condition 1 or 2 of regulation 3(3) or 4(3) are satisfied.
.
Amendment of regulation 3 (exchange gains or losses arising from liabilities or assets hedging shares etc )
4
1
In regulation 3 (exchange gains or losses arising from liabilities or assets hedging shares etc), after paragraph (1) insert —
1ZA
But where the matched shares, ships or aircraft are matched after the company became party to the loan relationship, paragraph (1) only applies to a just and reasonable proportion of any exchange gain or loss having regard to —
a
the fraction of the accounting period for which the shares, ships or aircraft are matched with the loan relationship,
b
the fraction of the accounting period for which the company was party to the loan relationship, and
c
fluctuations in exchange rates during the accounting period.
.
2
In paragraph (3), in condition 1 omit “for the accounting period,”.
Amendment of regulation 4 (exchange gains or losses arising from derivative contracts hedging shares etc)
5
1
In regulation 4 (exchange gains or losses arising from derivative contracts hedging shares etc), after paragraph (1) insert —
1A
But where the matched shares, ships or aircraft are matched after the company became party to the derivative contract, paragraph (1) only applies to a just and reasonable proportion of any exchange gain or loss having regard to —
a
the fraction of the accounting period for which the shares, ships or aircraft are matched with the derivative contract,
b
the fraction of the accounting period for which the company was party to the derivative contract, and
c
fluctuations in exchange rates during the period.
.
2
In paragraph (3), in condition 1 omit “for the accounting period,”.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
At 9.30 a.m. on 6th December 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Provision of Information) (Amendment) (No.2) Regulations 2011 and come into force on 11th August 2011.
2
The amendments in regulation 4(3) and (9), and regulation 6 have effect for the tax year 2012-13 and subsequent years.
Amendment of the Registered Pension Schemes (Provision of Information) Regulations 2006
2
The Registered Pension Schemes (Provision of Information) Regulations 2006 are amended as follows.
3
1
Regulation 2 (interpretation) is amended as follows.
2
In paragraph (1) —
a
in the definition of “associated company”, for “section 416 of ICTA ”, substitute “section 449 of the Corporation Tax Act 2010 ”,
b
in the definition of “director”, for “section 417 of ICTA”, substitute “section 67 of ITEPA 2003 ”, and
c
after the definition of “event report” insert —
“fixed protection” means transitional protection provided for under paragraph 14 of Schedule 18 to the Finance Act 2011 ;
.
3
In paragraph (2), for “section 839 of ICTA”, substitute “section 993 of ITA 2007 ”.
4
1
The table appended to Regulation 3(1) (provision of information by scheme administrators to the Commissioners) is amended as follows.
2
In the second column of entry 1 (unauthorised payments) , in sub paragraph (c), for “ HMRC ” substitute “the Commissioners”.
3
In entry 6 (benefit crystallisation events and enhanced lifetime allowance or enhanced protection) —
a
for the heading substitute —
Benefit crystallisation events and enhanced lifetime allowance, enhanced protection or fixed protection
,
b
in the first column, for paragraph (b) substitute —
b
in order to reduce or eliminate liability to the lifetime allowance charge the member relies on entitlement to —
i
an enhanced lifetime allowance,
ii
enhanced protection, or
iii
fixed protection.
, and
c
for the entry in the second column, substitute —
The name and national insurance number of the member, the amount crystallised by the event, the date of the event and the reference number given by the Commissioners under —
a
the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 (where the member relies on an enhanced lifetime allowance or enhanced protection), or
b
the Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011 (where the member relies on fixed protection).
.
4
In entry 7 (pension commencement lump sum), for the text in column 1 substitute —
The scheme makes a pension commencement lump sum payment to a member which —
a
exceeds 25% of the amount found by adding the amount of the payment to the entitlement amount; and
b
is more than 7.5%, but less than 25%, of the standard lifetime allowance for the tax year in which the sum is paid.
For the purposes of this reportable event, “the entitlement amount” is —
i
the amount crystallised by reason of the member becoming entitled to the pension with which the lump sum payment is associated, or
ii
where a benefit crystallisation event did not occur by reason of the member becoming entitled to the pension with which the lump sum payment is associated, the amount that would have been so crystallised if the member had been under the age of 75 at the date the entitlement arose.
;
5
In the second column of entry 7, for the words in paragraph (b), substitute “the entitlement amount”.
6
In the second column of entry 9 (transfers to qualifying recognised overseas pension schemes), in paragraph (a), after “country” insert “or territory” and for “located” substitute “situated”.
7
Omit entries 15 (alternatively secured pension) and 17 (lump sum payment after the death of a member aged 75 or over).
8
In entry 18 (scheme chargeable payment), in column 1 omit “section 181A (alternatively secured pensions: minimum level of payment);”.
9
After entry 20 (occupational pension scheme) insert —
21 Flexible drawdown arrangements
Section 165(3A) or 167(2A) applies to an arrangement.
The name and national insurance number of the member or dependant (“the member”) who meets the flexible drawdown conditions together with the total amount of drawdown pension or dependant’s drawdown pension (“drawdown pension”) paid under the arrangement to the member during the reporting year and the country or territory where the sole or main address of the member was situated on the date —
the declaration under sections 165(3A)(b) or 167(2A)(b) was made in respect of the arrangement, or
if later, the first payment of drawdown pension was made under the arrangement in the reporting year.
5
After regulation 5A (unauthorised borrowing: provision of information by scheme administrator to the Commissioners) insert —
Minimum income requirement: provision of information by scheme administrator to the Commissioners for the tax year 2011-12
5B
1
Where section 165(3A) or 167(2A) of the Finance Act 2004 applies to an arrangement (“the specified arrangement”) the scheme administrator shall provide the information specified in paragraph (2) in the form of a written report.
2
The information required is —
a
the name of the member or dependant (“the member”) who meets the flexible drawdown conditions and the member’s national insurance number or alternative number obtained in accordance with the procedure described in regulation 3(2) (provision of information by scheme administrator to the Commissioners),
b
the country or territory where the member’s sole or main address was situated on the date the declaration under section 165(3A)(b) or 167(2A)(b) was made in respect of the specified arrangement, and
c
the total amount of drawdown pension paid to the member under the specified arrangement for the tax year 2011-12.
3
The information shall be provided to the Commissioners no later than the 31st January 2013.
.
6
For regulation 11 (information provided by member to scheme administrator: enhanced lifetime allowance) substitute —
Information provided by member to scheme administrator: enhanced lifetime allowance, enhanced protection or fixed protection
11
If the member of a registered pension scheme intends to rely on entitlement to —
a
an enhanced lifetime allowance or enhanced protection by virtue of any provisions listed in section 256(1) , or
b
fixed protection by virtue of paragraph 14 of Schedule 18 to the Finance Act 2011,
the member must give to the scheme administrator the reference number issued by the Commissioners under the Registered Pension Schemes (Enhanced Lifetime Allowance) Regulations 2006 or the Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011 in respect of that entitlement.
.
7
In regulation 14 (information provided to members by scheme administrators about benefit crystallisation events), after paragraph (2)(b) insert —
ba
under paragraph (1)(a) in a tax year following the tax year in which the member reaches the age of 75;
.
8
After regulation 14 insert —
Annual allowance: annual provision of information by scheme administrator to member
14A
1
Where —
a
an individual is a member (“the member”) of a registered pension scheme for all or part of a pension input period ending in a tax year (“the relevant pension input period”) who meets one of the conditions in paragraph (8), and
b
the aggregate of the pension input amounts for the relevant pension input period in respect of each arrangement under the registered pension scheme relating to the member exceeds the annual allowance for that tax year,
the scheme administrator must provide the member with a statement containing the information specified in paragraph (2) (the “pension savings statement”).
2
The information is —
a
the aggregate of the pension input amounts for the relevant pension input period in respect of all the arrangements under the registered pension scheme relating to the member (see section 152),
b
the annual allowance for the tax year in which the relevant pension input period ends (“the relevant tax year”),
c
the aggregate of the pension input amounts in respect of all the arrangements under the registered pension scheme relating to the member for each of the pension input periods ending in the three tax years immediately preceding the relevant tax year (subject to paragraph (3)), and
d
the annual allowance for each of the three preceding tax years or where one or more of the three preceding tax years is the 2008-09, 2009-10 or 2010-11 tax year, the assumed annual allowance for that tax year pursuant to paragraph 30(3)(a) of Schedule 17 to the Finance Act 2011.
3
Where a pension input period in paragraph (2)(c) ends in the 2008-09, 2009-10 or 2010-11 tax year, the pension input amount for that pension input period must be determined on the basis that the assumptions in paragraph 30(3)(b) of Schedule 17 to the Finance Act 2011 apply to that pension input period.
4
The scheme administrator must provide the member with the pension savings statement no later than the 6th October following the relevant tax year. This paragraph is subject to paragraphs (5) and (6).
5
Where the relevant tax year is 2011-12, the scheme administrator must provide the member with the pension savings statement for that year no later than 6th October 2013.
6
Where the scheme administrator has not been provided with the information concerning the member by the member’s employer in respect of the relevant pension input period pursuant to regulation 15A, the scheme administrator must provide the pension savings statement —
a
within 3 months following receipt of that information, or
b
if later, on or before the date specified in paragraph (4) or (where the relevant tax year is 2011-12) paragraph (5).
7
Where —
a
the member meets the conditions in paragraph (1)(a) and (b), and
b
paragraph 28 of Schedule 17 to the Finance Act 2011 applies (provision for a straddling pension input period),
the scheme administrator must provide the member with a pension savings statement containing the pension input amount in respect of the pre-announcement period and post-announcement period in addition to the information specified in paragraph (2).
8
The conditions referred to in paragraph (1) are as follows.
Condition A
The individual is an active member of the registered pension scheme referred to in paragraph (1)
Condition B
The individual is a deferred member of the registered pension scheme referred to in paragraph (1) in relation to a cash balance arrangement and the condition in section 230(5B)(b) (cash balance arrangements) is not met in respect of the pension input amount for the relevant pension input period.
Condition C
The individual is a deferred member of the registered pension scheme referred to in paragraph (1) in relation to a defined benefits arrangement and the condition in section 234(5B)(b) (defined balance arrangements) is not met in respect of the pension input amount for the relevant pension input period.
Annual allowance: provision of information by scheme administrator to member on request
14B
1
Where a member or former member (“the member”) of a registered pension scheme makes a written request to the scheme administrator of that scheme for any such information in respect of a pension input period ending in a tax year (“the relevant pension input period”) as is referred to in regulations 14A(2) or (7), the scheme administrator must provide the member with the information requested —
a
within 3 months following receipt of the request, or
b
if later, on or before 6th October following the tax year ( “ the relevant tax year”) in which the relevant pension input period ended.
This paragraph is subject to paragraphs (2) and (3).
2
Where the relevant tax year is 2011-12, the scheme administrator must provide the member with the information requested under paragraph (1) for that tax year no later than 6th October 2013.
3
Where the scheme administrator has not been provided with the information concerning the member by the member’s employer in respect of the relevant pension input period pursuant to regulation 15A (“the regulation 15A information”), the scheme administrator must provide the information requested under paragraph (1) —
a
within 3 months following receipt of the regulation 15A information, or
b
if later, on or before —
i
6th October following the relevant tax year, or
ii
where the relevant tax year is 2011-12, the 6th October 2013.
.
9
After regulation 15 (information between scheme administrators) insert —
Annual allowance: information to be provided to scheme administrators by certain persons
15A
1
Where —
a
an employer is a sponsoring employer of a registered pension scheme, and
b
an employee of that employer or a director is an active member of that scheme in relation to an arrangement under the scheme (“the arrangement”) for all or part of a pension input period ending in a tax year,
the employer must provide to the scheme administrator such information as will enable the scheme administrator to calculate the pension input amount in respect of the arrangement for the pension input period ending in that tax year.
2
The information must be provided to the scheme administrator no later than the 6th July following the tax year in which the pension input period ends. This paragraph is subject to paragraph (3).
3
Where the pension input period ends in the tax year 2011-12, the employer must provide the information relating to the pension input period no later than 6th July 2013.
4
The employer must provide to the scheme administrator such information as will enable the scheme administrator to calculate the pension input amount for any of the pension input periods ending in the tax years 2008-09, 2009-10 and 2010-11, within 3 months following receipt of a written request from the scheme administrator or (if later) on or before 6th July 2013.
5
Where —
a
regulation 14A(7) applies to a scheme administrator (obligation to provide information to a member where there is a straddling pension input period), and
b
a written request is made by the scheme administrator to the employer,
the employer must provide the scheme administrator with such information as will enable the scheme administrator to comply with the obligation contained in regulation 14A(7), such information to be supplied within three months of receipt of the written request or, (if later) on or before 6th July 2013.
6
The obligations contained in this regulation shall apply to a responsible person (see paragraph (7)) and for the purposes of applying this regulation to the responsible person, references to “employer” shall be read as referring to the responsible person.
7
For the purposes of this regulation “responsible person” means a person who is responsible for providing the scheme administrator of a registered pension scheme with such information as will enable the scheme administrator to calculate the pension input amount in respect of a member where the member is an active member of that scheme in relation to an arrangement under the scheme for all or part of a pension input period ending in a tax year.
10
In regulation 16 (pensions and annuities in payment: information provided to and by insurance companies) —
a
in paragraph (1) for “an unsecured pension” substitute “a drawdown pension”; and
b
after paragraph (3) insert —
4
No obligation to provide a statement arises —
a
under paragraph (2) in respect of any entitlement to a pension or annuity or pension commencement lump sum which does not give rise to a benefit crystallisation event;
b
under paragraph (3) in a tax year following the tax year in which the member reaches the age of 75.
.
11
In the heading above regulation 17 (payments to insurance companies from unsecured pension funds), for “unsecured pension” substitute “drawdown pension”.
12
In regulation 17 —
a
in paragraph (1) for “an unsecured pension” substitute “a drawdown pension”,
b
in paragraphs (2) and (4) for “unsecured pension” substitute “drawdown pension”,
c
after paragraph (7) insert —
8
No obligation to provide a statement arises under paragraph (3) or (6) in a tax year following the tax year in which the pensioner or annuitant reaches the age of 75.
.
Melanie Dawes
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2011.
2
These Regulations shall come into force on 6th April 2011 immediately after the coming into force of the Social Security (Contributions) (Re-rating) Order 2011 .
Amendment to the Social Security (Contributions) Regulations 2001
2
In regulation 125(c) of the Social Security (Contributions) Regulations 2001 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen), for “£3.05” substitute “£3.15”.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2011
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
29th March 2011
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 24th March 2011
Anne McCleary
Senior Officer of the Department for Social Development


text:
1
These Regulations come into force on 21 February 2011 and their title is the M4 Motorway (West of Junction 23A (Magor) to East of Junction 29 (Castleton)) (Variable Speed Limits) Regulations 2011.
2
In these Regulations —
“the 1982 Regulations ” (“ Rheoliadau 1982 ”) means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 2002 Regulations ” (“ Rheoliadau 2002 ”) means the Traffic Signs Regulations 2002 ;
“carriageway” (“ cerbytffordd ”), “hard shoulder” (“ llain galed ”) and “verge” (“ llain ymyl ”) have the same meanings as in the 1982 Regulations; and
“the M4 ” (“ yr M4 ”) means the M4 London to South Wales Motorway.
3
1
No person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign.
2
A section of road is subject to a variable speed limit in relation to a vehicle being driven on it if —
a
the road is specified in the Schedule;
b
the vehicle has passed a speed limit sign; and
c
the vehicle has not passed —
i
another speed limit sign indicating a different speed limit; or
ii
a traffic sign which indicates that the national speed limit is in force.
3
In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.
4
For the purpose of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.
5
In this regulation —
“national speed limit” (“ terfyn cyflymder cenedlaethol ”) has the meaning given by regulation 5(2) of the 2002 Regulations and a traffic sign which indicates that the national speed limit is in force means a traffic sign of the type shown in diagram 671 in Schedule 2 to the 2002 Regulations which is —
placed on or near a road; and
directed at traffic on the carriageway on which the vehicle is being driven;
“road” (“ ffordd ”) includes the adjacent hard shoulder and verge;
“speed limit sign” (“ arwydd terfyn cyflymder ”), in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Schedule 2 to the 2002 Regulations which is —
placed on or near any part of a road specified in the Schedule; and
directed at traffic on the carriageway on which the vehicle is being driven.
Ieuan Wyn Jones
Minister for the Economy and Transport, one of the Welsh Ministers
17 January 2011


text:
Citation
1
This Order may be cited as the International Tax Enforcement (Belize) Order 2011.
Tax information exchange agreement to have effect
2
It is declared that —
a
the agreement set out in the Schedule to this Order has been made with the Government of Belize with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and
b
it is expedient that the agreement should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Charges for Residues Surveillance (Amendment) Regulations 2011 and come into force on 9th January 2012.
Amendments to the Charges for Residues Surveillance Regulations 2006
2
1
The Charges for Residues Surveillance Regulations 2006 are amended as follows.
2
In regulation 4(2) replace “within a reasonable time” with “within 30 days”.
3
For Schedule 1 substitute —
SCHEDULE 1
Residues surveillance charges
Type of creature or animal product Charge (£)
Bovine 0.5106} Goat 0.0507} Sheep 0.0507} per carcase Soliped 0.3536} Swine 0.0543} Game and wild game 1.0461} per tonne Poultry 0.5568} Eggs 0.0179 per case of 360 Milk 0.0276 per 1000 litres Fish other than trout 2.1265 per tonne of marketed product Trout 1.6840 per tonne of fish food
Revocation
3
Regulation 2(3) of, and the Schedule to, the Charges for Residues Surveillance (Amendment) Regulations 2009 are revoked.
Jim Paice
Minister of State
Department for Environment Food and Rural Affairs
6th December 2011