text:
Citation and commencement
1
1
These Regulations may be cited as the Taxes, etc. (Fees for Payment by Telephone) Regulations 2009.
2
These Regulations come into force on 14th December 2009 and have effect in relation to telephone authorisations made on or after that date.
Fee payable for telephone payments made by credit card
2
1
A person who —
a
gives telephone authorisation to make a payment by credit card, and
b
makes the payment to the Commissioners or a person authorised by the Commissioners,
must also pay a fee of 1.25% of the amount of that payment.
2
The fee must be paid by being added to the payment (so that, accordingly, the person must make a single overall payment, consisting of the payment and the fee).
3
In these Regulations “credit card” means a card which —
a
is a credit-token within section 14(1)(b) of the Consumer Credit Act 1974 , or
b
would be a credit-token falling within that enactment were the card to be given to an individual.
Revocation
3
The Taxes (Fees for Payment by Telephone) Regulations 2008 are revoked.
Steve Lamey
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue & Customs
20th November 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Babbacombe Cliff Railway Order 2009 and shall come into force on 15th April 2009.
Interpretation
2
1
In this Order —
“the 1923 Order ” means the Babbacombe Cliff Light Railway Order 1923 ;
“ the company ” means Babbacombe Cliff Railway CIC, a community interest company limited by guarantee, whose registered number is 06541829;
“ the Council ” means Torbay Borough Council;
“the railway” means the light railway authorised under article 4 of the 1923 Order together with all lands and works related to it, to the extent that those lands and works are vested in the Council at the date on which this Order comes into force, and are held or used by the Council for the purposes of the railway undertaking;
“the relevant date” means the date upon which the railway or any part of it is transferred by the Council to the company under article 3 (transfer of railway to company); and
“the undertaker” means the Council and —
following any lease, sale or vesting under article 3, this expression shall mean the company; and
following any lease, sale or other disposal under article 5 (powers of disposal to others), this expression shall mean the transferee within the meaning of that article.
2
Any enactment by which the railway was authorised shall have effect subject to the provisions of this Order.
Transfer of railway to company
3
1
The Council may lease the railway to the company on such terms and conditions as may be agreed between the Council and the company.
2
The Council and the company may also enter into, and carry into effect, agreements providing for the sale to, and vesting in, the company of the railway on such terms and conditions as may be agreed between the Council and the company.
Transfer of rights and obligations to company, etc.
4
1
Except as may be otherwise provided in this Order, as from the relevant date —
a
the railway or any part of it shall continue to be subject to all statutory or other provisions applicable to it at that date (in so far as they are still subsisting and capable of taking effect); and
b
the undertaker shall, to the exclusion of the Council (except as may be provided by the terms of the lease or sale) —
i
be entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the railway; and
ii
be subject to all obligations, statutory or otherwise, relating to the railway (in so far as they are still subsisting and capable of taking effect), to the intent that the Council shall be released from all such obligations.
2
Paragraph (1) shall have effect during the term of any lease granted under article 3(1) (transfer of railway to company) and from the operative date of any sale under article 3(2).
3
The exercise of the powers under any enactment by the company in pursuance of any lease or sale under article 3 shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Council.
Powers of disposal to others
5
1
In this article —
“lease” includes an underlease and “lease”, where used as a verb, shall be construed accordingly;
“the transferee” means any person to whom the railway, or any part of it, is leased, sold or otherwise disposed of under the powers conferred by this article; and
“the transferred undertaking” means so much of the railway as is leased, sold or otherwise disposed of pursuant to this article.
2
The Council may, with the consent of the Secretary of State, sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the railway.
3
Except as may be otherwise provided in this Order —
a
the transferred undertaking shall continue to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease, sale or other disposal (in so far as they are still subsisting and capable of taking effect); and
b
the transferee shall, to the exclusion of the Council (except as may be provided by the terms of the lease, sale or disposal) —
i
be entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the transferred undertaking; and
ii
be subject to all obligations, statutory or otherwise, relating to the transferred undertaking (in so far as they are still subsisting and capable of taking effect) to the intent that the Council shall be released from all such obligations.
4
Paragraph (3) shall have effect during the term of any lease granted, and from the operative date of any sale or other disposal, under the powers conferred by this article.
5
The exercise of the powers under any enactment by any person in pursuance of any sale, lease, charge or other disposal under paragraph (2) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by the Council.
Power to charge fares
6
The undertaker may demand, take and recover or waive such charges for carrying passengers or goods on the railway, or for any other services or facilities provided in connection with the railway, as it thinks fit.
Amendment and Revocations
7
1
Article 3(1) (incorporation of Acts) of the 1923 Order is amended by the insertion, after “94 to 99”, of the words “, 112 to 121”.
2
The enactments specified in columns (1) and (2) of the Schedule are revoked to the extent specified in column (3).
Signed by authority of the Secretary of State
Ellis Harvey
Head of the Transport and Works Act Orders Unit
Department for Transport
25th March 2009


text:
Citation and commencement
1
This Order may be cited as the Civil Enforcement of Parking Contraventions (West Berkshire) Designation Order 2009 and shall come into force on 6th April 2009.
Designation of civil enforcement area and special enforcement area
2
The Secretary of State designates the area described in the Schedule as —
a
a civil enforcement area for parking contraventions; and
b
a special enforcement area.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
28th February 2009


text:
Citation and commencement
1
This Order may be cited as the Rent Officers (Housing Benefit Functions) Amendment Order 2009 and shall come into force on 12th October 2009.
Amendment of the Rent Officers (Housing Benefit Functions) Order 1997
2
1
The Rent Officers (Housing Benefit Functions) Order 1997 shall be amended as follows.
2
In Schedule 3B (Broad rental market determinations and local housing allowance determinations) in paragraph 2 (Local housing allowance for category of dwelling in paragraph 1) after sub-paragraph (5) insert —
5A
Where the rent officer is not satisfied that the list of rents in respect of any category of dwelling would contain sufficient rents, payable at the date of the determination for dwellings in the broad rental market area, to enable a local housing allowance to be determined which is representative of the rents that a landlord might reasonably be expected to obtain in that area, the rent officer may add to the list rents for dwellings in the same category in other areas in which a comparable market exists.
.
Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
3
1
The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 shall be amended as follows.
2
In Schedule 3B (Broad rental market determinations and local housing allowance determinations) in paragraph 2 (Local housing allowance for category of dwelling in paragraph 1) after sub-paragraph (5) insert —
5A
Where the rent officer is not satisfied that the list of rents in respect of any category of dwelling would contain sufficient rents, payable at the date of the determination for dwellings in the broad rental market area, to enable a local housing allowance to be determined which is representative of the rents that a landlord might reasonably be expected to obtain in that area, the rent officer may add to the list rents for dwellings in the same category in other areas in which a comparable market exists.
.
Signed by authority of the Secretary of State for Work and Pensions
Helen Goodman
Parliamentary Under Secretary of State,
Department for Work and Pensions
6th September 2009


text:
Citation and commencement
1
These Regulations may be cited as the Home Information Pack (Amendment) Regulations 2009 and come into force on 6th April 2009.
Amendment of the Home Information Pack (No.2) Regulations 2007
2
The Home Information Pack ( No. 2) Regulations 2007 are amended in accordance with regulation 3.
Amendment of regulation 14
3
In regulation 14(1) (time at which pack documents are to be included) —
a
after sub-paragraph (e) omit “and”; and
b
after sub-paragraph (f) add —
g
paragraph (m) (property information questionnaire relating to a property that is not a new home); and
h
paragraph (n) (property information questionnaire for a property that is a new home).
.
Signed by authority of the Secretary of State for Communities and Local Government
Margaret Beckett
Minister of State for Housing
Department for Communities and Local Government
14th January 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Quality Partnership Schemes (England) (Amendment) Regulations 2009 and come into force on 11th January 2010.
2
These Regulations apply to England only .
Amendment of the Quality Partnership Schemes (England) Regulations 2009
2
1
Regulation 13 of the Quality Partnership Schemes (England) Regulations 2009 (assessors to assist traffic commissioners) is amended as follows.
2
For paragraph (2) substitute —
2
In making such a determination the traffic commissioner may be assisted by —
a
an assessor selected from a panel of persons appointed by the Secretary of State for the purposes of section 17A of the 1981 Act (assessors to assist traffic commissioners); or
b
a person drawn from a panel of persons appointed by the Secretary of State for the purposes of section 126A of the Act (boards for proposed schemes for areas in England).
.
Signed by authority of the Secretary of State
Sadiq Khan
Minister of State
Department for Transport
7th December 2009


text:
Citation and interpretation
1
1
This Order may be cited as The Finance Act 2008, Section 128 and Part 2 of Schedule 43 (Appointed Day, Transitional Provision and Savings) Order 2009.
2
In this Order “ FA 2008 ” means the Finance Act 2008.
Appointed day
3
The day appointed for the coming into force of Section 128 of, and Part 2 of Schedule 43 to, FA 2008 is 23rd November 2009.
Transitional Provision and Savings
4
1
If, before the commencement date, a warrant has been granted under —
a
section 63 of the Taxes Management Act 1970 (recovery of tax in Scotland);
b
section 121B of the Social Security Administration Act 1992 (recovery of contributions etc in Scotland);
c
section 52 of the Finance Act 1997 (recovery of relevant tax in Scotland); or
d
paragraph 3 of Schedule 12 to the Finance Act 2003 (recovery of stamp duty land tax by diligence in Scotland).
that warrant shall continue to have effect according to the provisions under which it was granted.
5
1
The amendments made by paragraph 13(1) and (2) of Schedule 43 to FA 2008 to the Debtors (Scotland) Act 1987 shall not have effect in relation to —
a
actions commenced under section 1 (time to pay directions); or
b
applications made under section 5 (time to pay orders);
before the commencement date.
2
The amendment made by paragraph 13(3) of Schedule 43 to FA 2008 to the definition of “summary warrant” in section 106 (interpretation) of the Debtors (Scotland) Act 1987 shall not apply to summary warrants granted before the commencement date.
Steve Lamey
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue & Customs
9th November 2009


text:
Citation and commencement
1
This Order may be cited as the Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 and shall come into force on 1st October 2009.
Model provisions
2
The provisions set out in the Schedules to this Order, of which those contained in Schedules 1 and 4 are of general application and those contained in Schedules 2 and 3 are of application to development relating to railways and harbours, respectively, are prescribed as model provisions for the purposes of section 38 of the Planning Act 2008.
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
1st September 2009


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2009 and shall come into force on 6th April 2009.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension ; or
b
to any other calculation required under Part 3 of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by rounding down any fraction of a pound less than one half and rounding up any other fraction of a pound.
Signed by authority of the Secretary of State for Work and Pensions.
Rosie Winterton.
Minister of State
Department for Work and Pensions
10th March 2009


text:
The Postgraduate Medical Education and Training Board (Fees) Rules Order 2008 is revoked.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
24th February 2009


text:
1
This Order may be cited as the Regulation of Investigatory Powers (Authorisations Extending to Scotland) (Amendment) Order 2009 and shall come into force on 1 st February 2010.
2
In the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 for “The Immigration Service” there is substituted “The UK Border Agency”.
David Hanson
Minister of State
Home Office
30th December 2009


text:
Citation and commencement
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 9) 2009 and shall come into force on 30th July 2009.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 30th July 2009;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 30th July 2009;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations —
“clearing participant” means (a) a member of LIFFE who as such is permitted by the Rules of LIFFE to clear transactions made on the Exchange of traded securities or (b) LCH.Clearnet Limited, when required by the applicable Rules of LIFFE to clear transactions made on the Exchange;
“the Exchange” means the London International Financial Futures and Options Exchange (“LIFFE”) which is operated by LIFFE A&M;
“LCH.Clearnet Limited” is a company which is a recognised clearing house under the Financial Services and Markets Act 2000 ;
“LIFFE A&M” means LIFFE Administration and Management, an unlimited company having a share capital, which is a recognised investment exchange authorised to provide clearing services under the Financial Services and Markets Act 2000;
“nominee” means a person whose business is or includes holding traded securities as a nominee for LCH.Clearnet Limited or LIFFE A&M, in each case acting in its capacity as a person providing clearing services in connection with a transaction made on the Exchange, or as a nominee for a clearing participant, or as a nominee for a non-clearing firm (as the case may be);
“non-clearing firm” means a member of LIFFE other than a clearing participant;
“option” means an option to buy or sell traded securities where such option is listed by and made on or under the Rules of LIFFE.
“traded securities” means options, stocks, shares or loan capital, or interests in stocks, shares or loan capital, issued or raised by a body corporate but does not include stocks and shares issued by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom;
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purpose of sections 116 and 117 of the Finance Act 1991 —
a
LIFFE A&M is prescribed as a recognised investment exchange; and
b
LCH.Clearnet Limited is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed in this regulation, the charge to stamp duty and the charge to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Exchange conditions A and B are met.
3
Condition A is that traded securities of a particular kind are issued or transferred, or agreed to be issued or transferred, from —
a
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee,
b
a non-clearing firm or a nominee of a non-clearing firm to a clearing participant or a nominee of a clearing participant,
c
a clearing participant or a nominee of a clearing participant to LIFFE A&M, or to LCH.Clearnet Limited, or to a nominee of either LIFFE A&M or LCH.Clearnet Limited,
d
a person other than a clearing participant to LIFFE A&M, or to LCH.Clearnet Limited, or to a nominee of either LIFFE A&M or LCH.Clearnet Limited, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer traded securities to LIFFE A&M, or to LCH.Clearnet Limited, or to a nominee of either LIFFE A&M or LCH.Clearnet Limited, or
e
LIFFE A&M, or LCH.Clearnet Limited, or a nominee of either LIFFE A&M or LCH.Clearnet Limited to a clearing participant or a nominee of a clearing participant.
4
Condition B is that the person to whom those securities are agreed to be issued or transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (3)(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
In paragraph (4) —
a
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement;
b
references to LCH.Clearnet Limited are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Exchange;
c
references to LIFFE A&M are references to LIFFE A&M acting in its capacity as a self- clearing recognised investment exchange providing clearing services in connection with a transaction made on the Exchange;
d
references to a clearing participant are references to a clearing participant in its capacity as such.
Consequential provision
5
1
Traded securities which are the subject of an agreement specified in regulation 4(3) shall be dealt with by a clearing participant who is party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) “designated account” means an account designated by LIFFE A&M, acting in its capacity as a self-clearing recognised investment exchange in connection with the traded securities concerned.
Partial revocation of the Stamp and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations
6
The Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations 1997 are hereby revoked as respects instruments and agreements referred to in regulation 1(2).
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 2009


text:
Citation, commencement and interpretation
1
This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009 and shall come into force on 2 nd November 2009.
2
In this Order the “ 2009 Order ” means the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 .
Amendment of the 2009 Order
3
In Article 1(2) of the 2009 Order, in relation to the entry “relevant training”, for “ the Act ” substitute “the Proceeds of Crime Act 2002”.
Substitution of Schedule 1
4
For Schedule 1 to the 2009 Order substitute Schedule 1 as set out in the Schedule to this Order.
Alan Campbell
Parliamentary Under Secretary of State
Home Office
1st October 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barking, Havering and Redbridge Hospitals National Health Service Trust (Establishment) Amendment Order 2009 and shall come into force on 1st February 2009.
2
In this Order —
“the Establishment Order ” means the Barking, Havering and Redbridge Hospitals National Health Service Trust (Establishment) Order 2000 ;
“the trust” means the National Health Service 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;
and
b
in the definition of “operational date”, for “paragraph 3(1)(e) of Schedule 2 to the Act” substitute “paragraph 5(5) of Schedule 4 to the Act”.
Change of name of trust and transitional provision
3
1
The trust shall be called the Barking, Havering and Redbridge University Hospitals National Health Service Trust instead of the Barking, Havering and Redbridge Hospitals National Health Service Trust.
2
Accordingly in article 1(2) of the Establishment Order in the definition of “the trust”, and in article 2 of the Establishment Order, after “Barking, Havering and Redbridge” insert “University”.
3
The change of name effected by paragraph (1) 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.
Amendment of nature and functions of the trust
4
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1), for “5(1) of the Act”, substitute “25(1) of the Act”; and
b
for paragraph (2), substitute —
2
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.
.
Amendment of the directors of the trust
5
For article 4 of the Establishment Order (directors of the trust) substitute —
4
1
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(1)(d) of Schedule 4 to the Act, one of the non-executive directors shall be appointed from Queen Mary, University of London.
.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
14th January 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the NHS Bodies and Local Authorities Partnership Arrangements (Amendment) Regulations 2009.
2
These Regulations shall come into force on 1st April 2009 immediately after the coming into force of the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 .
3
These Regulations apply in relation to England.
Amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
2
Regulation 5 (functions of NHS bodies) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 shall be amended as follows —
a
at the end of paragraph (a)(ii), omit “and”;
b
for paragraph (b), substitute —
b
the functions under sections 117 and 130A of the Mental Health Act 1983 ; and
c
the functions under Schedule A1 of the Mental Capacity Act 2005 .
.
Signed by authority of the Secretary of State for Health.
Phil Hope
Minister of State,
Department of Health
11th February 2009


text:
Citation and commencement
1
1
This Order may be cited as the Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2009 and comes into force on 1 October 2009.
2
It supplements section 1297 of the Companies Act 2006 (continuity of the law unaffected by repeal and re-enactment by that Act).
General
2
1
The Schedule has an index of the amendments articles 3 to 12 make to enactments.
2
Those articles use the following abbreviations.
“FA”
the Finance Act;
“ ICTA ”
the Income and Corporation Taxes Act 1988;
“ ITTOIA ”
the Income Tax (Trading and Other Income) Act 2005;
“ TCGA ”
the Taxation of Chargeable Gains Act 1992;
“ TMA ”
the Taxes Management Act 1970;
“ VATA ”
the Value Added Tax Act 1994.
Generic amendments of enactments: references to Companies Act 1985, etc
3
1
In the following enactments, substitute “2006” for “1985”: —
a
the Lottery Duty Regulations 1993, Schedule 1, Note of interpretation 2 (particulars of registered promoter application);
b
the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006, regulation 9(4)(b) (description: off market terms).
2
Substitute “as defined in section 1(1) of the Companies Act 2006 (c. 46) ” for: —
a
in ICTA, section 234A(1)(a) (information relating to distributions): everything from “within” to “1986”;
b
in the Income Tax Act 2007, section 853(3) (deduction of income tax at source: meaning of “deposit-taker”): everything from “within” to “ 1985 (c. 6) ”;
c
in TCGA, section 170(9)(a) (groups of companies): everything from “within” to “Ireland”.
3
In the following enactments, substitute “any” for “the Companies Act 1985 or any other”: —
a
the Stamp Duty (Collection and Recovery of Penalties) Regulations 1999, Schedule, Part 2, entry for TMA section 108(2) (responsibility of company officers);
b
the Stamp Duty Reserve Tax Regulations 1986, Schedule, Part 2, entry for TMA section 108(2) (responsibility of company officers);
c
TMA, section 108(2) (responsibility of company officers).
4
In FA 2000, section 130(4) (stamp duty: transfers to registered social landlords etc): substitute “2006” for “1985”, and substitute “1” for “735(1)” .
5
In the following enactments, substitute “1” for “735” or “735(1)”, substitute “2006” for “1985”, and omit everything from “or Article” to “1986”: —
a
FA 2003, section 66(6) (stamp duty land tax: transfers involving public bodies);
b
the Finance ( No. 2) Act 1992, Schedule 12, paragraph 2(2)(a) (direct taxes: banks etc in compulsory liquidation);
c
ICTA, Schedule 25, Part 2, paragraph 11B(3) (controlled foreign companies, etc).
6
In ITTOIA, section 755(4), first indent (meaning for “company”) (interest on foreign currency securities etc owned by non-UK residents): substitute “1(1)” for “735(1)(a)”, substitute “ 2006 (c. 46) ” for “ 1985 (c. 6) ”, and omit everything from “or” to “(N.I. 6))”.
7
In the Income Tax (Incentive Payments for Voluntary Electronic Communication of PAYE Returns) Regulations 2003, regulation 4(2B)(a)(iii) (small employers): omit everything from “or section 2” to “2002”.
8
In regulation 4(2B)(a)(iv) of those Regulations: omit “section 1 of”, substitute “2006” for “1985”, and omit everything from “or article 12” to “1986”.
9
In the Social Security (Contributions) Regulations 2001, regulation 1(2), meaning given for “company” : substitute “1” for “735”, substitute “2006” for “1985”, and substitute “that Act” for “the Companies Act 2006” and “those Acts”.
Generic amendments of enactments: references about subsidiaries, etc
4
1
In the following enactments, substitute “1159 of and Schedule 6 to” for “736 of”, and substitute “2006” for “1985”: —
a
the Climate Change Levy (Registration and Miscellaneous Provisions) Regulations 2001, regulation 6(3) (groups), and in this regulation also substitute “those provisions” for “that section”;
b
FA 1994, section 63(9) (groups: insurance premium tax), and in this section also substitute “those provisions” for “that section”;
c
FA 1996, section 59(9) (groups: landfill tax), and in this section also substitute “those provisions” for “that section”;
d
FA 1997, Schedule 1, Part 1, paragraph 8(10)(b) (groups: gaming duty);
e
FA 2001, Schedule 9, paragraph 8(2)(b) (groups: aggregates levy), and in this paragraph also substitute “c. 46” for “c. 6”;
f
the Inheritance Tax Act 1984, sections 13(5) (third indent, meaning for “subsidiary”), 103(2) and 234(3)(b) (dispositions by close companies for benefit of employees; miscellaneous reliefs – business property; interest on instalments);
g
the Income Tax (Earnings and Pensions) Act 2003, section 86(3), second indent (meaning for “subsidiary”) (transport vouchers), and in this section also substitute “c. 46” for “c. 6”;
h
the Landfill Tax Regulations 1996, regulation 33(9)(a) (credit: bodies concerned with the environment);
i
TCGA, section 239(7) (disposals to trustees of employee trusts);
j
VATA, section 43A(2) (groups);
k
the Value Added Tax (Groups: eligibility) Order 2004, article 3(5)(a) .
2
In FA 2001, Schedule 9, paragraph 8(3): substitute “those provisions” for “section 736 of the Companies Act 1985”.
3
In VATA, section 43A(3): substitute “those provisions” for “that section”.
Amendments of enactments for references about accounts, reports, returns, etc
5
1
In ICTA, section 444BC(1) (insurance companies: modification of rules about equalisation reserves for general business, etc): substitute as follows for everything from “paragraph 52” to “1985” —
paragraphs 57 to 59 in Section E of Part 2 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008
.
2
In —
a
ICTA, section 755B(2)(a) (amendment of return where general insurance business of foreign company accounted for on non-annual basis), and
b
FA 1998, Schedule 18, Part 10, paragraph 85(1), first indent (company tax returns: non-annual accounting of general insurance business):
substitute as follows for everything from “paragraph 52” to “1985” —
paragraph 58 in Section E of Part 2 of Schedule 3 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008
.
3
In ICTA, section 755B(2)(b): substitute “58” for “52”.
4
In ICTA, section 755B(4): substitute “58 of Schedule 3 to those Regulations” for everything from “52” to “1985”.
6
After FA 2004, Schedule 11, Part 4, paragraph 14 (construction industry scheme: conditions for registration for gross payment): insert as follows —
14A (1) For any part of the qualifying period falling on 1 October 2009 or later, paragraph 12(5) must be understood as referring instead to —
a
the Companies Act 2006 (c. 46) sections 394, 395, 437 and 441 (accounts);
b
sections 167(1), 167(2), 276(1) and 276(2) of that Act (changes in director or secretary);
c
Part 24 of that Act (annual returns);
d
regulations under Part 34 of that Act (overseas companies) which are about —
i
registration of particulars,
ii
accounts, reports or returns,
iii
trading disclosures.
2
For such part of the qualifying period, paragraph 12(6) must be disregarded and paragraphs 12(7)(a) and 12(8) understood as referring to sub-paragraphs (1) to (5) instead of (1) to (6).
.
Amendments of enactments for references about shares, capital, securities, etc
7
FA 1986 is amended as follows —
a
in section 66(1) (stamp duty: company’s purchase of own shares): substitute “690” for “162”, substitute “2006” for “1985”, and omit everything from “or” to “1982”;
b
in section 66(2): substitute “707” for “169(1) or (1B)”, and omit everything from “or,” to “Order”;
c
in section 66(3): substitute “such return” for everything from “return” to “1982,”;
d
in section 90(7A) (stamp duty reserve tax: exceptions): substitute “724” for “162A”, and substitute “2006” for “1985”;
e
in section 92(1D)(a) (stamp duty reserve tax: repayment or cancellation): substitute “707” for “169(1) or (1B)”, and substitute “2006” for “1985”;
f
in section 99(10)(b) (stamp duty reserve tax: interpretation): substitute “section 133(3) of the Companies Act 2006 (transactions in shares registered in overseas branch register)” for everything from “paragraph 8” to “(equivalent provision for Northern Ireland)”.
8
In ICTA, Schedule 28A, Part 1, paragraph 5(2)(a) (share premium account): substitute “610” for “130”, and substitute “2006” for “1985”.
9
In TCGA, section 176(3) (depreciatory transactions within a group): substitute “641” for “135”, and substitute “2006” for “1985”.
10
In FA 1996, section 186(2), fifth indent (meaning for “the relevant regulations”) (stamp duty: transfers of securities to members of electronic transfer systems etc): substitute “785” for “207”, and substitute “2006” for “1989”.
11
FA 1999 is amended as follows —
a
in section 119(3) (stamp duty reserve tax: power to exempt UK depositary interests in foreign securities): substitute “785” for “207”, and substitute “2006” for “1989”;
b
in Schedule 13, Part 1, paragraph 1(4) (stamp duty: instruments chargeable, etc): substitute “690” for “162”, and substitute “2006” for “1985”;
c
in Schedule 13, Part 1, paragraph 1(5): substitute “724” for “162A”.
Amendments of enactments for references about financial assistance prohibitions exceptions
12
In ITTOIA, section 752(1)(a) (interest under employees’ share schemes): substitute “682(2)(b) of the Companies Act 2006 (c. 46) ” for everything from “153(4)(b)” to “(N.I. 6))”.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Fire Precautions (Sub-surface Railway Stations) (England) Regulations 2009 and shall come into force on 1st October 2009.
Interpretation
2
In these Regulations —
“basic instruction” means instruction in the fire precautions to be taken or observed in the station premises, so far as those precautions relate to the member of staff’s duties, and includes instruction as to —
the means of escape from the premises in case of fire;
the action to be taken in case of fire in the premises;
the location of, and method of operating, equipment provided in the premises for fighting fire; and
the location and use of the means for giving warning in case of fire in the premises;
“fire-fighter” means a fire-fighter employed by a fire and rescue authority;
“member of staff” means a person employed to work in station premises as a member of the staff of the station premises;
“public area” means a part of station premises to which members of the public have access;
“station manager” means the member of staff who is for the time being in charge of station premises; and
“station premises” means premises to which these Regulations apply.
Application of Regulations
3
1
These Regulations apply to any premises where —
a
the premises are used as a railway station;
b
members of the public have access to the premises (whether on payment or otherwise); and
c
there is a railway platform in the premises which is an enclosed underground platform.
2
A railway platform is an enclosed platform if the platform and the permanent way to which it is adjacent are situated wholly or mainly in a tunnel or wholly or mainly within or under any building.
3
A railway platform is an underground platform if the level of the roof or ceiling immediately above the platform and the permanent way to which it is adjacent is below the level of the surface of the ground adjacent to any exit from the railway station providing a means of escape from the station in case of fire.
4
A railway platform is situated mainly in a tunnel or mainly within or under a building if the platform and the permanent way to which it is adjacent are covered by any part of a tunnel or building for more than half the length of the platform.
5
These Regulations apply to premises owned or occupied by the Crown.
Doors to be kept locked
4
1
Paragraph (2) applies to any passage or other area affording a means of escape from station premises in case of fire or giving access to such a means of escape.
2
Every door which does not form part of, or give access to, the means of escape must be kept locked at all times when the part of the premises to which the door gives access is neither in use by any person who is at work in the premises nor available for use by members of the public.
Means for fighting fire
5
1
Paragraph (2) applies to these parts of station premises —
a
a room containing any electricity generator, transformer or switchgear, other than one in which any machinery for operating an escalator, passenger conveyor or lift is installed;
b
any storage area, including an area set aside for storing refuse pending its disposal; and
c
any part of the premises used as a shop.
2
The parts to which this paragraph applies must be provided with a means for fighting fire comprising a system which is activated automatically in that part of the premises in case of fire in that part.
3
When any member of staff reasonably suspects that there is an outbreak of fire in the premises, immediate steps must be taken to activate the warning system referred to in regulation 6(3) and call for the assistance of the fire and rescue authority.
4
A plan of the station premises suitable for use by fire-fighters when attending the premises for fire-fighting purposes must be kept in a part of the premises where it is accessible to fire-fighters.
5
In this Regulation “passenger conveyor” includes any mechanically operated moving footway other than an escalator.
Means for detecting fire and giving warning in case of fire
6
1
Paragraph (2) applies to these parts of station premises —
a
those referred to in regulation 5(1);
b
any office which is not separated from other parts of the premises by fire-resisting construction; and
c
any staff room for persons employed to work in the premises.
2
The parts to which this paragraph applies must be provided with a means for detecting fire which is activated automatically in case of fire in that part.
3
The station premises must be provided with an electrically operated system for giving warning in case of fire.
4
The system referred to in paragraph (3) must —
a
be designed to transmit a warning to a place where it can be received by the station manager or by some other member of staff; and
b
be capable of being activated both by manual operation at call points in the premises, including call points for use by members of the public, and by the means referred to in paragraph (2) for detecting fire in the premises.
5
The station premises must be provided with a public address system for use by or on behalf of the occupier of the premises to give warning of fire to members of the public in the premises and advise them of the action to be taken in case of fire.
6
Arrangements must be made to secure that in case of fire the station manager and any member of staff who is on duty in any part of the station premises can communicate with each other by personal radio or by telephone.
Combustible matter
7
1
All parts of station premises must be kept clear of any accumulation of combustible refuse or other combustible matter.
2
Any area set aside for storing combustible refuse in station premises pending its disposal must be separated from other parts of the premises by fire-resisting construction.
Materials used in internal construction of premises
8
1
Any material which is used in the construction of an internal wall or ceiling in any public area must be of limited combustibility.
2
To inhibit the spread of fire within the premises, any material which is applied to the surface of an internal wall or ceiling in any public area must —
a
adequately resist the spread of flame over the surface; and
b
have, if ignited, either a rate of heat release or a rate of fire growth, which is reasonable in the circumstances.
Instruction and training of persons working in premises
9
1
Every member of staff must be given basic instruction as soon as reasonably practicable after beginning work in station premises.
2
Every member of staff must be given further basic instruction at least once in every period of seven months.
3
No member of staff may be employed as the station manager unless the member of staff has been given basic instruction and, in addition, instruction —
a
as to supervising and controlling action to be taken in case of fire in the premises by other members of staff;
b
in making arrangements for calling for the assistance of the fire and rescue authority and securing that fire-fighters are directed to the source of any fire in the premises;
c
as to taking action in case of fire in the premises to prevent the entry of members of the public to the premises;
d
in the use of the means for advising members of the public in the premises on the action to be taken by them in case of fire in the premises; and
e
in making arrangements for securing that the means of escape from the premises can immediately be used in case of fire and for enabling persons to leave the premises by train in case of fire.
4
A fire drill must be held for members of staff not less than once in every period of six months for the purpose of providing them with training in the action to be taken in case of fire in the premises.
5
The attendance of members of staff at a fire drill must be so organised as to secure that not less than one third of the number of those persons at work in the station premises at any one time have attended a fire drill in the preceding six months.
6
Each fire drill in station premises must be held at a time when members of the public have access to the premises.
7
A record must be made —
a
of the occasions on which instruction is given under this regulation to each member of staff; and
b
of the fire drills held in the premises under this regulation and of the names of the persons attending each fire drill.
8
A record made under paragraph (7) above in relation to station premises must be kept in the premises for a period of not less than three years from the date on which it was made.
Additional precautions to be taken
10
1
All practicable steps must be taken to supervise the carrying out by persons other than members of staff of any work of construction or maintenance in the premises which presents a risk to persons in case of fire.
2
The periods of duty of members of staff must be so arranged as to secure that not less than two of them are present on duty in the premises at all times when members of the public have access to the premises.
Exemption from requirements
11
1
Paragraph (2) applies where a fire and rescue authority is satisfied in respect of any particular station premises that compliance with a requirement of any of the provisions of regulations 5(2), 6(2), 9(8) and 10(2) is inappropriate, unnecessary or not reasonably practicable.
2
Where this paragraph applies the fire and rescue authority may by notice in writing to the occupier of the premises grant exemption from compliance with the requirement to such extent as is reasonable having regard to all the circumstances of the case and in particular to the risk in case of fire to persons in the premises.
3
A fire and rescue authority may grant an exemption under paragraph (2) subject to such conditions as may be specified in the notice granting the exemption.
4
A fire and rescue authority may by notice in writing to the occupier of the premises withdraw an exemption under paragraph (2) if the occupier fails to comply with any condition subject to which the exemption was granted.
Contravention of requirements
12
The requirements of regulations 4 to 10 above are imposed on the occupier of the station premises to which those regulations apply and, subject to any exemption granted (and not withdrawn) under regulation 11, the occupier of the premises shall be responsible for any contravention of the provisions of those regulations.
Revocation
13
The following instruments are revoked so far as they apply to England —
a
the Fire Precautions (Sub-surface Railway Stations) Regulations 1989 ;
b
the Fire Precautions (Sub-surface Railway Stations) (Amendment) Regulations 1994 .
Signed by authority of the Secretary of State for Communities and Local Government
Sadiq Khan
Parliamentary Under Secretary of State
Department for Communities and Local Government
24th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2009 and come into force on 1st October 2009.
Interpretation
2
1
In these Regulations “the 2006 Act ” means the Companies Act 2006.
2
Any reference in these Regulations to section 55 or 88 of the 2006 Act includes a reference to that section as applied by regulation 8 or 17 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009.
Specified words and expressions applicable to sections 55 and 1194 of the 2006 Act
3
1
The following words and expressions are specified for the purposes of sections 55(1) and 1194(1) of the 2006 Act —
a
the words and expressions set out in Part 1 of Schedule 1;
b
the plural and possessive forms of those words and expressions, and, where relevant, the feminine form; and
c
in the case of the words and expressions set out in Part 1 of Schedule 1 which are marked with an asterisk, the grammatically mutated forms of those words and expressions.
2
For the purposes of section 55(1) of the 2006 Act any word or expression specified in Part 1 of Schedule 1 which contains an accent or other diacritical mark is to be read as though that accent or other diacritical mark were omitted.
Specified words and expressions applicable to section 55 of the 2006 Act
4
The following words and expressions are specified for the purposes of section 55(1) of the 2006 Act —
a
the words and expressions set out in Part 2 of Schedule 1;
b
the plural and possessive forms of those words and expressions, and, where relevant, the feminine form; and
c
in the case of the words and expressions set out in Part 2 of Schedule 1 which are marked with an asterisk, the grammatically mutated forms of those words and expressions.
Applications where situation of registered office or principal place of business is irrelevant
5
In connection with an application for the approval of the Secretary of State under section 55 or 1194 of the 2006 Act in relation to a name that includes a word or expression specified in column (1) of Part 1 of Schedule 2 the applicant must seek the view of the Government department or other body set out opposite that word or expression in column (2) of Part 1 of Schedule 2.
Applications where situation of registered office or principal place of business is relevant
6
In connection with an application for the approval of the Secretary of State under section 55 or 1194 of the 2006 Act in relation to a name that includes a word or expression specified in column (1) of Part 2 of Schedule 2 the applicant must seek the view of a Government department or other body as follows —
a
in the case of —
i
a company or limited liability partnership that has already been registered, whose registered office is situated in England and Wales;
ii
a proposed company or limited liability partnership that has not yet been registered under the 2006 Act, whose registered office is to be situated in England and Wales;
iii
a business, whose principal place of business is or is to be situated in England; and
iv
an overseas company (see section 1044 of the 2006 Act),
the Government department or other body set out in column (2) of Part 2 of Schedule 2 opposite that word or expression;
b
in the case of —
i
a company or limited liability partnership that has already been registered, that is a Welsh company or Welsh LLP (see section 88 of the 2006 Act);
ii
a proposed company or limited liability partnership that has not yet been registered, that is to be a Welsh company or Welsh LLP; and
iii
a business, whose principal place of business is or is to be situated in Wales,
the Government department or other body set out in column (3) of Part 2 of Schedule 2 opposite that word or expression;
c
in the case of —
i
a company or limited liability partnership that has already been registered, whose registered office is situated in Scotland;
ii
a proposed company or limited liability partnership that has not yet been registered, whose registered office is to be situated in Scotland; and
iii
a business, whose principal place of business is or is to be situated in Scotland,
the Government department or other body set out in column (4) of Part 2 of Schedule 2 opposite that word or expression; and
d
in the case of —
i
a company or limited liability partnership that has already been registered, whose registered office is situated in Northern Ireland;
ii
a proposed company or limited liability partnership that has not yet been registered, whose registered office is to be situated in Northern Ireland; and
iii
a business, whose principal place of business is or is to be situated in Northern Ireland,
the Government department or other body set out in column (5) of Part 2 of Schedule 2 opposite that word or expression.
7
The following Regulations are revoked —
a
the Company and Business Names Regulations 1981 ,
b
the Company and Business Names (Amendment) Regulations 1982 ,
c
the Company and Business Names (Amendment) Regulations 1992 ,
d
the Company and Business Names (Amendment) Regulations 1995 ,
e
the Company and Business Names (Amendment) Regulations 2001 , and
f
the Company and Business Names (Amendment) (No.2) Regulations 2007 .
Davies of Abersoch
Minister for Trade, Investment and Small Business
Department for Business, Innovation and Skills
25th September 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (Free School Lunches) (Child Tax Credit) (Wolverhampton City Council) Order 2009 and comes into force on 1st November 2009.
2
This Order shall cease to have effect after 31st October 2012.
3
In this Order —
“annual income” means the income for the tax year calculated in accordance with the Tax Credits (Definition and Calculation of Income) Regulations 2002 ;
“child tax credit” has the same meaning as in the Tax Credits Act 2002 .
Prescribed tax credit
2
Child tax credit is prescribed for the purposes of section 512ZB(4)(a)(iv) of the Education Act 1996 in circumstances where —
a
a pupil is registered at a school maintained by the Wolverhampton City Council; and
b
the parent of that pupil is entitled to child tax credit by virtue of an award which is based on an annual income not exceeding the amount determined for the purposes of section 7(1)(a) of the Tax Credits Act 2002 as the income threshold for child tax credit.
Diana Johnson
Parliamentary Under Secretary of State
Department for Children, Schools and Families
24th August 2009


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills (No. 3) Order 2009 and comes into force on 16th October 2009.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


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


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Budget Statements) (England) (Amendment) Regulations 2009 and come into force on 31st March 2009.
2
These Regulations apply only in relation to England and only in relation to the preparation of the second budget statement under regulation 4(3) and (4) of the principal regulations and the third budget statement under regulation 4(5) and (6) of the principal regulations.
3
In these Regulations “the principal regulations” means the Education (Budget Statements) (England) Regulations 2008 .
Amendments
2
1
The principal regulations are amended as follows.
2
In regulation 2(1) —
a
after the definition of “place-led funding”, insert —
“positive activities”, in relation to young people, means educational leisure-time activities and recreational leisure-time activities provided for the improvement of the well-being of persons aged 13 to 19 and certain persons aged 20 to 24 by or with the assistance of a local education authority under section 507B of the Education Act 1996 ;
; and
b
for the definition of “youth service” substitute —
“youth work” means a service provided by or with the assistance of a local education authority under sections 15B and 507A and 507B of the 1996 Act and section 114 of the 2000 Act ;
.
3
In regulation 4 —
a
in paragraph (3)(b), omit the word “and” at the end of (iv) and omit (v);
b
in paragraph (5)(b), omit the word “and” at the end of (iii) and omit (iv).
4
In Schedule 2 (form of the second budget statement) and in Schedule 3 (form of the third budget statement) —
a
in Part 2, in Table 1 – Local Authority Information —
i
insert the sub-heading “Services to young people” immediately below the heading in section 3, “ YOUTH AND COMMUNITY ”; and
ii
for the entries in that section substitute the following entries —
“3.0.1 Positive activities for young people”;
“3.0.2 Positive activities controlled by or shaped by young people”;
“3.0.3 Positive activities for young people on Friday and Saturday nights”;
“3.0.4 Youth work (was previously Youth Service)”;
“3.1.1 Adult and Community learning”;
“3.1.2 Connexions”;
“3.1.3 Discretionary Awards”;
“3.1.4 Student Support under new Arrangements and Mandatory Awards”;
“3.1.5 Capital Expenditure from Revenue ( CERA ) (Youth and community)”; and
“ 3.1.6 Total Youth and Community ”.
b
in the Annex to Table 1: Early Years Expenditure —
i
in the heading “Method of counting children for funding the free entitlement”, for the word “for” substitute “and”; and
ii
for the single column of 3 rows adjacent to the entries under that heading, substitute two columns of 3 rows headed respectively “(a) Counting” and “(b) Funding” adjacent to each other;
c
omit the Annex to Table 1:Youth Service;
d
in Part 3, in Table 3a - School level information, below the heading “Additional Pupil Led Funding” omit the column headed “Pre-School Pupil-Led Funding (Nursery classes 3 & 4 years olds)”; and
e
in Part 4, in Table 4: Funding Factors, omit the section headed “Pre-School Pupil-Led Funding (Nursery Classes) (10)”.
Jim Knight
Minister of State
Department for Children, Schools and Families
26th February 2009


text:
Citation, commencement, transitional and interpretation
1
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2009.
2
These Regulations shall come into force on 13th August 2009.
3
The amendments made by regulation 4 shall have effect in relation to deferred payment agreements made on or after 13th August 2009.
4
Subject to paragraphs (5) and (6), the amendments made by regulations 3 and 5 to 15 shall have effect in relation to the tax year 2009-10 and subsequent tax years.
5
The amendments made by regulations 5 to 15 shall not have effect for the tax year 2009-2010 in relation to an employer in respect of whom all of the sub-paragraphs of paragraph (6) apply.
6
An employer who —
a
is not a specified employer,
b
ceases paying PAYE income during the tax year 2009-10, and
c
submits the return and accompanying information, required by regulation 73, before 6th April 2010.
7
In paragraph (6) —
“regulation 73” means regulation 73 of the Income Tax (Pay As You Earn) Regulations 2003 (annual return of relevant payments liable to deduction of tax (Forms P35 and P14));
“specified employer” shall be construed in accordance with regulation 206 of the Income Tax (Pay As You Earn) Regulations 2003 .
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 184B (application of other regulations) —
a
in the list in paragraph (1) for the entries relating to regulation 205 to 210 substitute the following —
regulation 205A mandatory use of electronic communication for delivering specified information regulation 205B general provisions relating to this Chapter regulation 206 employers and specified employers regulation 207 specified information regulation 208 e-filing notice and appeals regulation 209 standards of accuracy and completeness regulation 210 penalty for failing to deliver relevant annual returns and specified information regulation 210B penalty: form P45 (Part 1 or Part 3), P46 or P46(Pen) regulation 210C appeals and interest
, and
b
in paragraph (2) in the first column of Table 7A for “Employer” substitute “Employer, specified employer”.
4
In regulation 203(default surcharge), after paragraph (7) insert —
8
Section 108 of the Finance Act 2009 (suspension of penalties during currency of agreement for deferred payment) applies to a surcharge payable under this regulation with the following modifications —
a
in the Table in subsection (5), insert at the end —
Specified payments within the meaning of regulation 199 of the Income Tax (Pay As You Earn) Regulations 2003 Surcharge under regulation 203 of the Income Tax (Pay As You Earn) Regulations 2003.
, and
b
omit subsections (7), (8), (9) and (11).
.
5
For regulation 205 (mandatory use of electronic communications) substitute —
Mandatory use of electronic communication for delivering relevant annual returns
205
An employer (as to which see regulation 206) must deliver a relevant annual return by an approved method of electronic communications to HMRC.
Mandatory use of electronic communication for delivering specified information
205A
A specified employer (as to which see regulation 206) must deliver specified information by an approved method of electronic communications to HMRC.
General provisions relating to this Chapter
205B
1
The Commissioners for Her Majesty’s Revenue and Customs may make a general or specific direction requiring an employer or a specified employer to deliver any relevant annual return or specified information by a particular approved method of electronic communications.
2
Any relevant annual return or specified information may be delivered by a person on behalf of an employer or a specified employer.
3
Regulations 205 and 205A do not apply to any relevant annual return or specified information which relates to payments of tax due under a retrospective tax provision for a closed year.
4
References in this Chapter to information and to the delivery of information must be construed in accordance with section 135(8) of the Finance Act 2002 (mandatory e-filing) .
.
6
For the heading to regulation 206 (specified employers) substitute “Employers and specified employers”.
7
In regulation 206 —
a
for paragraph (2) substitute —
2
The following are not specified employers and, for the purposes of this Chapter, shall not be regarded as employers —
a
an individual who is a practising member of a religious society or order whose beliefs are incompatible with the use of electronic communications;
b
a partnership, if all the partners fall within sub-paragraph (a);
c
a company, if all the directors and company secretary fall within sub-paragraph (a);
d
an employer who is authorised by HMRC to deduct tax from relevant payments made to employees in accordance with regulation 34 (simplified deduction scheme for personal employees) and who has not received an incentive payment; and
e
a care and support employer.
, and
b
after paragraph (3) insert —
4
In paragraph (2)(e), “a care and support employer” means an individual (“the employer”) who employs a person to provide domestic or personal services at or from the employer’s home where —
a
the services are provided to the employer or a member of the employer’s family;
b
the recipient of the services has a physical or mental disability, or is elderly or infirm;
c
the employer has not received an incentive payment in respect of any of the last 3 tax years; and
d
it is the employer who delivers the relevant annual return (and not some other person on the employer’s behalf).
5
In this regulation an “incentive payment” means an incentive payment received under the Income Tax (Incentive Payments for Voluntary Electronic Communication of PAYE Returns) Regulations 2003 .
.
8
After regulation 206 insert —
Relevant annual return
206A
1
In this Chapter “relevant annual return” means the return and accompanying information required by regulation 73 (annual return of relevant payments liable to deduction of tax (Forms P35 and P14)).
2
But relevant annual return does not include information supplied under special arrangements for the collection of tax made under regulation 141 (direct collection and special arrangements).
.
9
In regulation 207 (specified information) omit sub-paragraph (e) of paragraph (1).
10
In regulation 208 (e-filing notice and appeals) —
a
for “the Inland Revenue”, in both places where the term occurs, substitute “HMRC”, and
b
at the end of paragraph (1)(b) omit “(religious objection)”.
11
For regulation 209 (standards of accuracy and completeness) substitute —
209
1
Any relevant annual return or specified information delivered by a method of electronic communications must meet the standards of accuracy and completeness set by specific or general directions given by the Commissioners for Her Majesty’s Revenue and Customs.
2
Any relevant annual return or specified information which fails to meet those standards must be treated as not having been delivered.
.
12
For the heading to regulation 210 (penalty for failing to deliver specified information) substitute “Penalty for failing to deliver relevant annual returns and specified information”.
13
In regulation 210 —
a
before paragraph (1) insert —
A1
An employer who fails to deliver a relevant annual return or any part of it in accordance with regulation 205 is liable to a penalty.
,
b
in paragraph (1) for “205” substitute “205A”,
c
for paragraph (2) substitute —
2
Where paragraph (A1) applies the penalty must be determined in accordance with regulation 210A.
.
14
For regulation 210A (penalty: regulation 73 return and accompanying information (Forms P35 and P14)) substitute the following —
Penalty: relevant annual return for the tax year ending 5th April 2010
210A
Table 9 sets out the penalty for the tax year ending 5th April 2010, depending on the number of employees for whom particulars should have been included with the relevant annual return.
Table 9
Penalties: tax year ending 5th April 2010
1 Number of employees for whom particulars should have been included with the relevant annual return 2 Penalty
1-5
6-49
50-249
250-399
400-499
500-599
600-699
700-799
800-899
900-999
1000 or more
0
£100
£600
£900
£1200
£1500
£1800
£2100
£2400
£2700
£3000
Penalty: relevant annual return for the tax year ending 5th April 2011 and subsequent years
210AA
Table 9ZA sets out the penalty for the tax year ending 5th April 2011 and subsequent years, depending on the number of employees for whom particulars should have been included with the relevant annual return.
Table 9ZA
Penalties: tax years ending 5th April 2011 and subsequent years
1 Number of employees for whom particulars should have been included with the relevant annual return 2 Penalty
1-5
6-49
50-249
250-399
400-499
500-599
600-699
700-799
800-899
900-999
1000 or more
£100
£300
£600
£900
£1200
£1500
£1800
£2100
£2400
£2700
£3000
15
In regulation 210C (appeals and interest) —
a
in paragraph (1) —
i
after “205” insert “or regulation 205A”, and
ii
before “specified information” insert “relevant annual return or”,
b
in paragraph (2) —
i
after sub-paragraph (a) insert —
aa
the employer is not regarded as an employer the purposes of this Chapter
, and
ii
in sub-paragraph (b) after “205” insert “or regulation 205A”.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) Regulations 2009 and shall come into force on 23rd January 2009.
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
Part 8 of the Schedule to the Wireless Telegraphy (Register) Regulations 2004 is amended by inserting —
a
in Column 1, after “Radio Astronomy”–
Crown Recognised Spectrum Access Converted Spectrum Access
;
b
in Column 2, after “48.94–49.04 GHz ”–
406.1–410 MHz 410–412 MHz 414–420 MHz 420–422 MHz 424–425 MHz 429–430 MHz 150.05–152 MHz 1660.5–1668 MHz 1668–1670 MHz 42.5–43.5 GHz
.
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
9th January 2009


text:
PART 1 GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Standards Committee (Further Provisions) (England) Regulations 2009 and shall come into force on 15th June 2009.
2
Parts 1 and 4 apply to relevant authorities in England and police authorities in Wales.
3
Parts 2 and 3 apply to relevant authorities in England.
Interpretation
2
In Parts 2 to 4 of these Regulations —
“ the Act ” means the Local Government Act 2000;
“authority” means a relevant authority within the meaning given to that expression by section 49(6) of the Act (principles governing conduct of members of relevant authorities) but —
in Parts 2 and 3 it does not include parish councils; and
in Part 3 it also includes any local authority specified in regulations made under section 3A(8) of the 1989 Act .
“the 1989 Act” means the Local Government and Housing Act 1989 ;
“monitoring officer”, in relation to an authority which is a relevant authority for the purposes of section 5 of the 1989 Act (designation and reports of monitoring officer) , means the monitoring officer designated under subsection (1) of that section and includes any person for the time being nominated by the monitoring officer as deputy for the purposes of that section and any person nominated under section 82A(2) or (3) of the Act to perform any function;
“ Standards Board ” means the Standards Board for England constituted under section 57 of the Act.
PART 2 SUSPENSION OF INITIAL ASSESSMENT FUNCTIONS
Prescription of circumstances in which power to suspend certain functions of standards committee may be exercised
3
1
The circumstances which are prescribed, under the power conferred on the Secretary of State by section 57D(1) and (8) of the Act, for the purpose of the exercise by the Standards Board of the power conferred on it by section 57D(1) to give a direction in accordance with that subsection, are those listed in paragraph (2) of this regulation.
2
The circumstances mentioned in paragraph (1), in which the Standards Board may exercise the power mentioned in that paragraph, are any one or more of the following —
a
The standards committee of the specified authority has failed to have regard to guidance issued by the Standards Board with respect to the exercise of functions under Part 3 of the Act or regulations made under that Part.
b
The standards committee of the specified authority has failed to comply with a direction issued by the Standards Board with respect to the exercise of functions under Part 3 of the Act or regulations made under that Part.
c
The standards committee of the specified authority has failed to carry out within a reasonable time period or in a reasonable manner, one or more functions under Part 3 of the Act or regulations made under that Part.
d
The monitoring officer of the specified authority has failed to carry out within a reasonable time period or in a reasonable manner, one or more functions under Part 3 of the Act or regulations made under that Part.
e
The specified authority has invited the Standards Board to exercise the power under section 57D(1) of the Act.
f
The standards committee of the specified authority has invited the Standards Board to exercise the power under section 57D(1) of the Act.
3
Where any authorities have established a joint standards committee, the Standards Board may exercise the power under section 57D(1) of the Act to give a direction in respect of that joint standards committee, and this Part shall apply in respect of such joint standards committees with all necessary modifications.
4
Before exercising the power to give a direction, the Standards Board must comply with any applicable requirements of regulation 5.
Revocation of direction
4
1
Where the Standards Board has given a direction under section 57D(1) of the Act, it may revoke that direction if, on reviewing the relevant circumstances, it is satisfied that those circumstances no longer apply.
2
In this regulation “relevant circumstances” means such circumstances, as prescribed by regulation 3(2), as the Standards Board considered gave reason for the exercise of the power to give the direction in question.
Notice of intention to serve direction
5
1
Where the Standards Board intends to give a direction under section 57D(1) of the Act, it must give notice of that intention, in accordance with the provisions of this regulation, to the authority which it considers should be specified in the direction.
2
The notice shall be given in writing and shall —
a
state the intention of the Standards Board to give a direction under section 57D(1) of the Act;
b
give the reasons why the Standards Board intends to give such a direction; and
c
set a date no later than 6 months from the date on which the notice is served, before which a direction may be given.
3
The Standards Board shall send a copy of the notice served under paragraph (2) to the chair of the standards committee and to the monitoring officer of the authority.
4
The notice served under paragraph (2) shall give the authority no less than 28 days in which to submit observations to the Standards Board.
5
The Standards Board shall take account of any observations received and any other relevant evidence before deciding whether to proceed to give a direction.
6
If no direction is given before the date specified in a notice served under paragraph (2), the Standards Board must serve a fresh notice under that paragraph before it may give a direction.
7
This regulation does not apply —
a
where a direction is given pursuant to an invitation under regulation 3(2)(e) or (f) to the Standards Board to suspend any functions of a standards committee; or
b
to a further direction given under regulation 7.
Service and contents of direction
6
1
Where the Standards Board decides to give a direction under section 57D(1) of the Act, it shall serve the direction on the specified authority in writing.
2
The Standards Board shall send a copy of the direction to the chair of the standards committee and to the monitoring officer of the specified authority concerned, and to the chair of the standards committee of any other authority which is referred to in the direction.
3
The direction shall specify —
a
the date from which it is to take effect;
b
the reasons why it has been given; and
c
the identity of the body which will deal with the initial assessment of any written allegations received by the standards committee.
4
The direction shall require the specified authority to arrange for details of the direction to be published —
a
in at least one newspaper circulating in that authority’s area;
b
if considered appropriate by the Standards Board, on that authority’s web page; and
c
if considered appropriate by the Standards Board, in any other publication.
Amendment to direction
7
1
Where —
a
the Standards Board has served a direction under section 57D(1) of the Act on a specified authority in accordance with regulation 6(1), and
b
that direction has not been revoked,
the Standards Board may serve a further direction on the authority in writing specifying a different body to deal with the initial assessment of any written allegations received by the standards committee.
2
The Standards Board shall send a copy of any direction served under paragraph (1) to the chair of the standards committee and to the monitoring officer of the specified authority concerned, and to the chair of the standards committee of any other authority which is referred to in the direction.
3
A direction under paragraph (1) shall specify the date from which allegations made to the standards committee of the authority must be sent to the different body.
Service and contents of notice of revocation
8
1
Where the Standards Board decides, under regulation 4, to revoke a direction under section 57D(1) of the Act, it shall serve notice of its decision in writing on the specified authority.
2
The Standards Board shall send a copy of the notice to the chair of the standards committee and to the monitoring officer of the specified authority, and to the chair of the standards committee of any other authority which is referred to in the direction.
3
The notice shall specify the date from which the revocation of the direction is to take effect and shall require the specified authority to arrange for details of the revocation of the direction to be published —
a
in at least one newspaper circulating in that authority’s area;
b
if considered appropriate by the Standards Board, on that authority’s web page;
c
if considered appropriate by the Standards Board, in any other publication.
Assessment of allegations by Standards Board
9
1
This regulation applies where a direction under section 57D(1) of the Act is in force and specifies the Standards Board as the body to whom relevant allegations and relevant requests should be referred.
2
Section 57A(4), and section 57C(2) and (3) of the Act shall apply as if, for references in those subsections to “the standards committee”, there were substituted references to “the Standards Board”.
3
Section 58 of the Act (allegations referred to Standards Board) shall apply to an allegation referred by a standards committee to the Standards Board under section 57D(1)(b) of the Act, as it applies to an allegation referred under section 57A(2)(b) of the Act, but with the modifications set out in paragraph (4) of this regulation.
4
The modifications to section 58 of the Act mentioned in paragraph (3) are that —
a
subsection (1) shall apply as if for paragraph (c) of that subsection, there were substituted “refer the allegation to the monitoring officer of the authority (or, if appropriate, of another authority), to be dealt with as if it had been referred by a standards committee under section 57A(2)(a)”; and
b
subsections (3) and (4) are omitted.
5
Regulations 11, 13, 14 and 16 of the Standards Committee (England) Regulations 2008 shall apply in respect of matters referred to monitoring officers under section 58(1)(c) of the Act as modified by paragraph (4) of this regulation, as they apply to matters referred under section 57A(2) or (3) of the Act, with the modifications set out in paragraph (6) of this regulation.
6
The modifications mentioned in paragraph (5) are that —
a
Regulation 11 (modification of duty to give written summary) shall apply as if —
i
references in that regulation to “the standards committee” were references to “the Standards Board”; and
ii
the references to section 57C(2) of the Act were references to that section as applied by paragraph (2) of this regulation.
b
Regulation 13 (referral of matters to monitoring officer for steps other than investigation) shall apply as if —
i
the reference in paragraph (1)(a) to “a standards committee” and the references in paragraphs (3)(c), (5) and the first reference in paragraph (6) to “the standards committee”, were each a reference to “the Standards Board”;
ii
the reference in paragraph (1)(a) to “section 57A(2)(a) or 57A(3) of the Act” were a reference to section 58(1)(c) of the Act as modified by paragraph (4)(a) of this regulation;
iii
paragraph (2) were omitted; and
iv
for paragraph (4)(c)(i) there were substituted “where the matter was referred to the monitoring officer under section 58(1)(c) of the Act, to the Standards Board with a copy also being sent to the standards committee”.
c
Regulation 14 (referral of matters to monitoring officer for investigation) shall apply as if —
i
the references in paragraph (1) to section 57A(2)(a) and 57A(3) were a reference to section 58(1)(c) as modified by paragraph (4)(a) of this regulation;
ii
the first reference to “the standards committee” in paragraph (2) were a reference to “the Standards Board”; and
iii
at the end of paragraph (8)(c) there were added “and to the Standards Board”.
d
Regulation 16 (references back from monitoring officer) shall apply as if —
i
after the reference in paragraph (1) to section 57A(2)(a), there were inserted “or section 58(1)(c)”;
ii
for the words “refer that matter back to the standards committee concerned” in paragraph (1) there were substituted “refer the matter to, or back to, the Standards Board”;
iii
in the full-out after paragraph (1)(a)(ii), after “section 57A(2) of the Act” there were inserted “or the Standards Board when it made its decision under section 58(1)(c) of the Act”;
iv
in paragraph (1)(a)(iii) after the words “standards committee” there were inserted “or Standards Board, as the case may be,”;
v
for paragraph (2) there were substituted “If a matter is referred to, or back to, the Standards Board under this regulation, the Standards Board shall make a decision as if the allegation had been made to the standards committee under section 57A(1) of the Act”; and
vi
for paragraph (4) there were substituted “Where the Standards Board considers a matter referred to it, or back to it, under this regulation, it may direct that the matter should not be referred to it a further time.”.
Assessment of allegations by standards committee of another authority
10
1
This regulation applies where a direction under section 57D(1) of the Act is in force and specifies the standards committee of another authority in England as the body to whom relevant allegations and relevant requests should be referred.
2
For the purposes of this regulation and the modifications which it makes —
a
the standards committee of the authority given the direction is called “the suspended standards committee”; and
b
the standards committee of the other authority specified as mentioned in paragraph (1) is called “the specified body”.
3
Section 57A(2) to (4) of the Act shall apply as if —
a
references in those subsections to a “standards committee” were to the “specified body”;
b
in section 57A(2), for the words “under subsection (1)” there were substituted “by virtue of a direction under section 57D(1)”; and
c
at the end of section 57A(2)(a) there were added “or to the monitoring officer of the specified body”.
4
Section 57C(2) to (4) of the Act shall apply as if references in those subsections to “the standards committee” were to “the specified body”.
5
Regulations 11, 13, 14 and 16 of the Standards Committee (England) Regulations 2008 shall apply in respect of matters referred to monitoring officers under section 57A(2)(a) or (3) of the Act as modified by paragraph (3) of this regulation, with the modifications set out in paragraph (6) of this regulation.
6
The modifications mentioned in paragraph (5) are that —
a
Regulation 11 shall apply as if the references to section 57C(2) of the Act were to that section as modified by paragraph (4) of this regulation, and as if for the words “standards committee” in that regulation there were substituted the words “the specified body”.
b
Regulation 13 shall apply as if —
i
for the words “standards committee” in each place where they occur in paragraphs (1)(a), (2), 3(c) and (5) and in the first place in which they occur in paragraph (6), there were substituted the words “specified body”;
ii
the reference in paragraph (1)(a) to “section 57A(2)(a) or 57A(3) of the Act” were to those provisions as modified by paragraph (3) of this regulation; and
iii
for paragraph (4)(c)(i) there were substituted “where the matter was referred to the monitoring officer under section 57(A) to the specified body, with a copy also being sent to the standards committee.”.
c
Regulation 14 shall apply as if —
i
the references in paragraph (1) to section 57A(2)(a) and 57A(3) of the Act were a reference to those provisions as modified by paragraph (3) of this regulation;
ii
in paragraph (2), for the words “standards committee” in the first place in which they occur, there were substituted the words “specified body”;
iii
at the end of subparagraph (8)(c) there were added “and to the specified body”; and
iv
for paragraph (8)(d)(i) there were substituted “either the suspended standards committee or the specified body”.
d
Regulation 16 shall apply as if —
i
the reference in paragraph (1) to section 57A(2)(a) of the Act, were to that provision as modified by paragraph (3) of this regulation;
ii
for the words “refer that matter back to the standards committee concerned” in paragraph (1) there were substituted “refer the matter to, or back to the specified body”;
iii
in the full-out after paragraph (1)(a)(ii), and in paragraph (1)(a)(iii), after the words “standards committee” there were inserted “or the specified body”; and
iv
for the words “standards committee” in each place in which they occur in paragraphs (2) and (4) there were substituted the words “specified body”.
Reviews of decisions not to act
11
1
This regulation applies where a direction under section 57D(1) of the Act is in force and a person makes a request under section 57B(2) of the Act for the review of a decision as provided for by that subsection.
2
Subject to paragraph (3), the body specified in the direction shall review the decision as if it were an allegation made under section 57A of the Act, as modified by regulation 9 or 10 (as the case may be).
3
No individual who took part in the making of the decision shall take part in the review of that decision.
4
If by virtue of paragraph (2) a decision is made that no action should be taken in respect of an allegation, section 57B of the Act does not apply in relation to that decision.
Consultation with ombudsmen
12
1
If a standards committee of an authority in relation to which a direction under section 57D(1) of the Act is in force, is consulted by a Local Commissioner under section 67(2) of the Act (consultation with ombudsmen) or by the Public Services Ombudsman for Wales under section 67(2A) of the Act , that committee shall —
a
inform the Local Commissioner or Public Services Ombudsman for Wales, as the case may be, that it has been given a direction under section 57D(1) of the Act; and
b
provide contact details of the body specified in the direction.
2
A Local Commissioner and the Public Services Ombudsman for Wales may consult the body specified in paragraph (1)(b) about the investigation.
Service of documents
13
Any notice or direction under this Part served by the Standards Board shall be deemed to have been effectively served 2 days after it has been sent unless the contrary is proved.
PART 3 JOINT STANDARDS COMMITTEES
Establishment and functions etc. of joint standards committees
14
1
Two or more authorities may establish a joint standards committee to exercise such functions falling within paragraph (2) as may be determined by those authorities.
2
A joint standards committee may exercise any function conferred by or under Part 3 of the Act or Part 1 of the 1989 Act and subject to paragraph (5), enactments conferring such functions shall be construed accordingly in relation to such a committee and as though any reference to a standards committee were to a joint standards committee.
3
Any function exercisable by a joint standards committee shall be exercisable only by that committee and not by a standards committee of any of the individual authorities which established that joint committee.
4
Where a joint standards committee has responsibility for the exercise of all the functions of a standards committee under the enactments mentioned in paragraph (2), that joint standards committee is to be treated as the committee required to be established by section 53(1) of the Act (standards committees) in relation to each authority which established that joint standards committee.
5
In their application in relation to a joint standards committee, the enactments mentioned in sub-paragraphs (a) to (f) shall have effect in accordance with those sub-paragraphs —
a
nothing in Part 3 of the Act or in any regulations made under that Part, shall require a joint standards committee to give any notification or document relating to an allegation of misconduct to any parish council except where that joint standards committee is considering a matter relating to a member of that parish council;
b
nothing in any regulations made under Part 3 of the Act shall authorise the inclusion, in the membership of the joint standards committee, of a member of the executive of more than one of the authorities which has established the joint standards committee;
c
section 53(4)(a) of the Act shall be treated as requiring at least one member from each authority establishing the joint standards committee to be a member of the joint standards committee;
d
regulation 5(1) of the Standards Committee (England) Regulations 2008 shall be treated as authorising the authorities establishing the joint standards committee to appoint independent members separately or jointly in accordance with the terms of reference agreed under regulation 15 of these Regulations, and —
i
if such appointments are made separately, the requirements of regulation 5(1) apply in respect of each authority;
ii
if such appointments are made jointly, the requirements of regulation 5(1) apply in respect of the authorities jointly;
e
regulation 7(3) of the Standards Committee (England) Regulations 2008 shall be treated as requiring at least one member of any of the authorities establishing the joint standards committee to be present where a joint standards committee discharges any function specified in an enactment mentioned in that provision; and
f
regulation 7(4) of the Standards Committee (England) Regulations 2008 shall be treated as requiring at least one member of a parish council for which any of the authorities establishing the joint standards committee is responsible, to be present where a joint standards committee discharges any function specified in an enactment mentioned in that provision.
Terms of reference of joint standards committees
15
1
All of the authorities which together establish a joint standards committee must agree the terms of reference of the joint standards committee and must send a statement which sets out those terms of reference and any revision of those terms of reference, to the Standards Board.
2
The terms of reference specified in paragraph (1) must —
a
identify the functions which are to be discharged by the joint standards committee;
b
make provision for the administrative arrangements of the joint standards committee;
c
specify, for each authority that is involved in the establishment of the joint standards committee, which committee is the standards committee to which written allegations under section 57A(1) of the Act may be sent;
d
specify the number of members to be appointed to the joint standards committee by the authorities establishing that committee and make provision for the terms of office of those members;
e
make provision for the appointment of members, by the joint standards committee, to sub-committees of that committee;
f
specify what provision is made for the payment of allowances to members of the joint standards committee;
g
make provision for the procedure for an authority to withdraw from the joint standards committee upon service of notice.
3
The expenses incurred by a joint standards committee shall be defrayed by the authorities establishing that committee in such proportions as they may agree or in case of disagreement by a single arbitrator agreed on by the appointing authorities.
PART 4 DISPENSATIONS
Interpretation
16
In this Part —
“dispensation” means such a dispensation as is mentioned in section 81(4) of the Act (disclosure and registration of members interests etc );
“mandatory provisions” means the mandatory provisions of a model code of conduct which for the time being applies to an authority;
“meeting” includes any meeting of an authority, of the executive of the authority, of any committee or sub-committee of the authority or its executive, of any joint committee or sub-committee of a joint committee, or of any area committee;
“member” means a member or co-opted member of an authority or a councillor appointed under section 16A of the Local Government Act 1972 (appointed councillors) .
Circumstances in which dispensations may be granted
17
1
The standards committee of an authority may, subject to paragraph (2) below, grant a dispensation to a member in the following circumstances —
a
where the transaction of business of the authority would, but for the grant of any other dispensation in relation to that business, on each occasion on which the dispensation would apply, otherwise be impeded by, or as a result of, the mandatory provisions because —
i
the number of members of the authority prohibited from voting on the business of the authority at a meeting exceeds 50% of those members that, but for the granting of any dispensations relating to that business, would otherwise be entitled to vote on that business; or
ii
the number of members prohibited from voting on the business of the authority at a meeting would, but for the granting of any dispensations relating to that business, upset the political balance of that meeting to such an extent as to prejudice the outcome of voting in that meeting;
b
the member has submitted to the standards committee a written request for a dispensation explaining why it is desirable; and
c
the standards committee concludes that having regard to the matters mentioned in sub-paragraph (a) above, the written request made pursuant to sub-paragraph (b) above, and to any other relevant circumstances of the case, it is appropriate to grant the dispensation.
2
Nothing in paragraph (1) above shall permit a dispensation to be granted —
a
in respect of participation in business of the authority conducted more than four years after the date on which the dispensation is granted; or
b
where the effect of the mandatory provisions from which a dispensation is sought is that —
i
a member is prohibited from voting on a matter at a meeting of an overview and scrutiny committee of an authority relating to a decision made by any body of which that person was a member at the time the decision was taken; or
ii
a member of the authority’s executive is prohibited from exercising functions which are the responsibility of the executive of the authority and which would otherwise be discharged by that member solely.
Records of dispensations
18
The standards committee of an authority must ensure that —
a
the existence, duration and nature of any dispensation is recorded in writing; and
b
such record is kept with the register of interests established and maintained under section 81(1) of the Act.
Revocation
19
The Relevant Authorities (Standards Committees) (Dispensations) Regulations 2002 are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
18th May 2009