text:
Citation and commencement
1
This Order may be cited as the Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2010 and comes into force on the day after the day on which this Order is made.
Amendment of Electricity and Gas (Carbon Emissions Reduction) Order 2008
2
The Electricity and Gas (Carbon Emissions Reduction) Order 2008 is amended as set out in this Order.
Amendment of article 2 (interpretation)
3
1
Article 2 (interpretation) is amended as follows.
2
In paragraph (1) at the appropriate place, insert —
“insulation obligation” means the amount of a supplier’s carbon emissions reduction obligation which is to be achieved by the promotion of measures in accordance with article 9(1A);
;
“overall insulation target” has the meaning given by article 3(1)(a);
;
“overall super priority group target” has the meaning given by article 3(1)(b);
;
“professionally installed” means installed by a person, other than the householder, who has appropriate experience or qualifications;
;
“qualifying component” means —
child tax credit which includes a disability or severe disability element;
a disabled child premium;
a disability premium, enhanced disability premium or severe disability premium;
a pensioner premium, higher pensioner premium or enhanced pensioner premium;
;
“super priority group” means the group of domestic energy users in the priority group where each member is in receipt of —
child tax credit and has a relevant income below £16,190 (where “relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002 );
income-related employment and support allowance, which must include a work-related activity or support component, and —
has parental responsibility for a child under the age of five who ordinarily resides with that member; or
is in receipt of a qualifying component;
income-based job seeker’s allowance and —
has parental responsibility for a child under the age of five who ordinarily resides with that member; or
is in receipt of a qualifying component;
income support and —
has parental responsibility for a child under the age of five who ordinarily resides with that member; or
is in receipt of a qualifying component;
or
state pension credit;
;
“super priority group obligation” means the amount of a supplier’s carbon emissions reduction obligation which is to be achieved by the promotion of measures in accordance with article 13A;
.
3
In paragraph (b) of the definition of “priority group”, for “£16,040” substitute “£16,190”.
4
For paragraph (3)(b) and (c) substitute —
b
a market transformation action means —
i
between 1st April 2008 and 31st March 2011 the provision of microgeneration units where such provision will achieve a reduction in carbon emissions;
ii
the provision of solid wall insulation where such provision will achieve a reduction in carbon emissions;
iii
the provision of a real-time display;
iv
the provision of a home energy advice package;
v
between 1st April 2008 and 31st March 2011 the provision of any other action which will achieve a reduction in carbon emissions but which the Authority did not determine to be a qualifying action under the 2001 Order; or
vi
on and from 1st April 2011 the provision of any other action which will achieve a reduction in carbon emissions but which the Authority did not determine to be a qualifying action under the 2004 Order;
c
a priority group flexibility action means the provision to a householder within paragraph (a) or (b) of the priority group —
i
between 1st April 2008 and 31st March 2011 of ground source heat pumps in respect of a property which does not have a mains gas supply; or
ii
of solid wall insulation which lowers the U-value of the walls to 0.5 W/m 2 K or less;
.
Amendment of article 3 (overall carbon emissions reduction target)
4
For article 3 substitute —
3
1
The overall carbon emissions reduction target for the period 1st April 2008 to 31st December 2012 is 293 million lifetime tonnes of carbon dioxide of which —
a
a reduction of 73.4 million lifetime tonnes of carbon dioxide must be achieved by promoting measures mentioned in article 9(1A) (“the overall insulation target”); and
b
a reduction of 16.2 million lifetime tonnes of carbon dioxide must be achieved by promoting measures in the super priority group (“the overall super priority group target”).
2
The Authority must ensure that the sum of all —
a
carbon emissions reduction obligations imposed on suppliers equals the overall carbon emissions reduction target;
b
insulation obligations imposed on suppliers equals the overall insulation target;
c
super priority group obligations imposed on suppliers equals the overall super priority group target.
.
Amendment of article 4 (definition of supplier)
5
1
Article 4 (definition of a supplier) is amended as follows.
2
For paragraphs (2) and (3) substitute —
2
A person must supply at least 50,000 domestic customers on 31st December of the year 2007, 2008, 2009, 2010 or 2011.
3
A company that belongs to a group of companies must on 31st December of the year 2007, 2008, 2009, 2010 or 2011 supply domestic customers and the number of domestic customers of that company and of other companies in the group must be at least 50,000.
.
3
For paragraph (5) substitute —
5
A new supplier is a supplier to whom paragraph (1) applies for the first time on 31st December 2008, 31st December 2009, 31st December 2010 or 31st December 2011.
.
Amendment of article 5 (notification by suppliers)
6
1
Article 5 (notification of suppliers) is amended as follows.
2
For paragraph (1) substitute —
1
A supplier must notify the Authority by 14th February in each year in which any part of the obligation period falls of the number of that supplier’s domestic customers on the previous 31st December.
.
Amendment of article 6 (determining carbon emissions reduction obligations)
7
For article 6 substitute —
Determining carbon emissions reduction obligations and insulation obligations
6
1
The Authority must determine a supplier’s —
a
carbon emissions reduction obligation;
b
insulation obligation; and
c
super priority group obligation.
2
The Authority must refer to the matters in article 7 when determining each of the obligations referred to in paragraph (1).
3
Subject to paragraph (4), the obligation period is the period —
a
commencing 1st April 2008, except for a new supplier; and
b
ending on 31st December 2012.
4
For a new supplier who satisfies article 4(1) for the first time on —
a
31st December 2008, the obligation period commences on 1st April 2009;
b
31st December 2009, the obligation period commences on 1st April 2010;
c
31st December 2010, the obligation period commences on 1st April 2011;
d
31st December 2011, the obligation period commences on 1st April 2012.
5
The Authority must notify a supplier of that supplier’s —
a
carbon emissions reduction obligation by 28th February prior to the commencement of the obligation period;
b
insulation obligation by 1st November 2010 or, in respect of a new supplier to whom article 4(1) applies for the first time on or after 31st December 2010, by 28th February 2011 or 28th February 2012 as applicable; and
c
super priority group obligation by 1st November 2010 or, in respect of a new supplier to whom article 4(1) applies for the first time on or after 31st December 2010, by 28th February 2011 or 28th February 2012 as applicable.
.
Amendment of article 7 (matters to be considered by the Authority)
8
1
Article 7 (matters to be considered by the Authority) is amended as follows.
2
For paragraph (1) substitute —
1
The matters referred to in article 6(2) are —
a
total customer numbers;
b
supplier customer numbers;
c
in relation to the carbon emissions reduction obligation, the overall carbon emissions reduction target;
d
in relation to the insulation obligation, the overall insulation target; and
e
in relation to the super priority group obligation, the overall super priority group target.
.
3
For paragraph (3)(a) substitute —
a
total customer numbers are the mean of the total number of domestic customers supplied by suppliers on —
i
31st December 2007;
ii
31st December 2008;
iii
31st December 2009;
iv
31st December 2010; and
v
where applicable , 31st December 2011;
.
Amendment of article 8 (review of obligations by the Authority)
9
1
Article 8 (review of obligations by the Authority) is amended as follows.
2
For paragraphs (1) and (2) substitute —
1
When the Authority has all suppliers’ customers numbers, notified or determined under article 5, the Authority must —
a
review a supplier’s —
i
carbon emissions reduction obligation;
ii
insulation obligation; and
iii
super priority group obligation;
and
b
notify a supplier of any amendment to that supplier’s obligations within 14 days of the date on which the customer numbers are required to be notified under article 5(1) (“the notification date”).
2
The review must be carried out by reference to —
a
the mean of the total number of domestic customers supplied by suppliers on 31st December 2007 and on each anniversary of that date;
b
supplier customer numbers;
c
in relation to the carbon emissions reduction obligation, the overall carbon emissions reduction target;
d
in relation to the insulation obligation, the overall insulation target;
e
in relation to the super priority group obligation, the overall super priority group target.
.
3
For paragraph (4) substitute —
4
For a new supplier, supplier customer numbers are the mean of —
a
the number of domestic customers supplied by that supplier on the date on which article 4(1) applies to that supplier for the first time;
b
zero for each of —
i
31st December 2007;
ii
any subsequent 31st December which occurs before the date on which article 4(1) applies to the supplier for the first time; and
c
the number in each case of domestic customers supplied by that supplier on each 31st December occurring during the obligation period but before the notification date.
.
Amendment of article 9 (achievement of carbon emissions reduction obligation)
10
1
Article 9 (achievement of carbon emissions reduction obligation) is amended as follows.
2
After paragraph (1) insert —
1A
A supplier must achieve its insulation obligation by promoting on or after 1st August 2010 —
a
cavity wall insulation;
b
flat roof insulation;
c
loft insulation;
d
solid wall insulation; or
e
under floor insulation,
which is professionally installed.
.
Amendment of article 11 (notifications)
11
1
Article 11 (notifications) is amended as follows.
2
After paragraph (3) insert —
3A
A notification in respect of a measure listed in article 9(1A) must contain sufficient information to show whether the supplier intends the action to be promoted in the priority group or super priority group.
.
Amendment of article 12 (approval of actions by the Authority)
12
1
Article 12 (approval of actions by the Authority) is amended as follows.
2
For paragraph (1) substitute —
1
The Authority must determine whether or not it approves an action as a qualifying action and whether that approval is in respect of a supplier’s —
a
insulation obligation;
b
priority group obligation; or
c
super priority group obligation.
.
3
For paragraph (6) substitute —
6
The benchmark action means an action under the 2001 Order or the 2004 Order, as applicable, which achieved the greatest carbon emission reductions for an action of that type.
.
4
In paragraph (7B)(a) after “requests” insert “, in writing,”.
5
In paragraph (7B)(b) after “requested” insert “, in writing,”.
6
For paragraph (7C) substitute —
7C
The Authority must not on or after 1st April 2011 approve as a qualifying action the provision of compact fluorescent lamps or halogen lamps.
.
7
After paragraph (7C) insert —
7D
The Authority must not on or after 1st August 2010 approve as a qualifying action the provision of a measure which will not be professionally installed unless that measure has been requested, in writing, by a domestic energy user.
7E
The Authority must not on or after 1st April 2011 approve as a qualifying action the provision of —
a
an air source heat pump;
b
a biomass boiler with a capacity of 300 kW or less;
c
a combined heat and power plant with an electrical capacity of 2 kW or less;
d
a ground source heat pump;
e
a hydro generating station with a capacity of 50 kW or less;
f
a solar photovoltaic panel with a capacity of 50 kW or less;
g
a solar thermal water heating system with a capacity of 300 kW or less; or
h
wind turbine with a capacity of 50 kW or less,
unless it is satisfied that the measure will be promoted to a member of the super priority group.
.
Insertion of new article 13A (super priority group obligation)
13
After article 13 (priority group obligations) insert —
Super priority group obligation
13A
1
A supplier must achieve the super priority group obligation by promoting on or after 1st August 2010 measures to members of the super priority group in accordance with the following provisions of this article.
2
Subject to paragraph (3), a supplier must achieve the super priority group obligation by the provision to members of the super priority group, on or after 1st August 2010, of —
a
an air source heat pump;
b
cavity wall insulation;
c
flat roof insulation;
d
fuel switching;
e
a ground source heat pump;
f
loft insulation;
g
a replacement boiler;
h
solid wall insulation;
i
under floor insulation; or
j
a wood chip boiler, including a combined heat and power wood chip boiler,
which is professionally installed.
3
Where a supplier —
a
promotes a single measure to a member of the super priority group, that measure must be one of the measures listed in paragraph (2);
b
promotes more than one measure to a member of the super priority group, at least one of those measures must be a measure listed in paragraph (2).
4
In this article —
a
“fuel switching” means changing the primary heating fuel used by a domestic energy user from coal, electricity or oil to a mains gas supply;
b
“replacement boiler” means a boiler which replaces a G-rated boiler and which meets the requirements of Part L of Schedule 1 to the Building Regulations 2000 ; and where “G-rated boiler” means a boiler which has a seasonal efficiency value of less than 70% when that boiler is assessed against the Standard Assessment Procedure for Energy rating of Dwellings (2005 Edition) .
.
Amendment of article 16 (reporting and monitoring)
14
1
Article 16 (reporting and monitoring) is amended as follows.
2
In paragraph (1)(a)(i), for “carbon emissions reduction obligation;” substitute “carbon emissions reduction obligation, insulation obligation, priority group obligation and super priority group obligation;”.
3
For paragraph (1)(a)(ii) substitute —
ii
whether the supplier has complied with those obligations, including such information which the Authority has informed the supplier it requires for the purposes of verifying that no qualifying action under the Electricity and Gas (Community Energy Saving Programme) Order 2009 is counted for the purposes of compliance under this Order;
.
4
After paragraph (1)(b) insert —
c
from 1st August 2010, in relation to the provision of solid wall insulation, approved as a standard action, market transformation action or a priority group flexibility action, information relating to the main fuel source used to heat the premises where the solid wall insulation is installed.
.
5
After paragraph (4) insert —
5
By 31st July 2011, 31st July 2012 and 30th April 2013 the Authority must submit to the Secretary of State a report setting out in respect of the year ending on the preceding 31st March the progress made —
a
by each supplier towards complying with the supplier’s —
i
carbon emissions reduction obligation;
ii
insulation obligation;
iii
priority group obligation; and
iv
super priority group obligation;
and
b
towards achieving the overall carbon emissions reduction target, including information about the percentage of the overall target which has been met by all suppliers by the promotion of real-time displays, home energy advice packages and market transformation actions.
.
Amendment of article 18 (transfers)
15
1
Article 18 (transfers) is amended as follows.
2
In paragraph (3)(a) for “31st March 2011” substitute “31st March 2012”.
Amendment of article 19 (notification of actions and determination of reduction in carbon emissions)
16
1
Article 19 (notification of actions and determination of reduction in carbon emissions) is amended as follows.
2
For paragraphs (1) and (2) substitute —
1
A supplier must notify the Authority not later than 31st January 2013 of the number and type of qualifying actions which it has completed in respect of the following —
a
the carbon emissions reduction obligation;
b
the insulation obligation;
c
the priority group obligation; and
d
the super priority group obligation.
2
On receipt of that notification, the Authority must —
a
verify that the qualifying actions notified under paragraph (1) have not been approved as qualifying actions under the Electricity and Gas (Community Energy Saving Programme) Order 2009 ; and
b
determine the carbon emissions to be attributed to those actions which the Authority is satisfied should count for the purposes of this Order.
.
3
For paragraph (4A)(b) substitute —
b
a real-time display which uses a short-life battery, the Authority must —
i
subject to paragraph (ii), attribute a carbon emissions reduction of 0.498 lifetime tonnes of carbon dioxide and increase the carbon emissions reduction by 50%; or
ii
where the real-time display was provided between 11th September 2008 and 21st July 2009, attribute a carbon emissions reduction of 0.747 lifetime tonnes of carbon dioxide and increase the carbon emissions reduction by 50%;
.
Amendment of article 22 (final determination and reporting)
17
For article 22 (final determination and reporting) substitute —
22
1
The Authority must determine whether a supplier has achieved its carbon emissions reduction obligation and notify the supplier of that determination not later than 30th April 2013.
2
Not later than 30th April 2013 the Authority must submit to the Secretary of State a final report setting out —
a
whether each supplier has complied with its —
i
carbon emissions reduction obligation;
ii
insulation obligation;
iii
priority group obligation; and
iv
super priority group obligation;
and
b
whether the overall carbon emissions reduction target was achieved, including how much of the overall carbon emissions reduction target was met by the promotion of real-time displays, home energy advice packages and market transformation actions.
.
Gregory Barker
Minister of State
Department of Energy and Climate Change
30th July 2010


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the International Tax Enforcement (Anguilla) Order 2010.
Tax information exchange arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Exchange of Letters set out in Part 1 of the Schedule to this Order and in the arrangements set out in Part 2 of that Schedule have been made with the Government of Anguilla with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements; and
b
it is expedient that the arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 APPOINTED DAYS AND PRELIMINARY PROVISIONS
Citation and interpretation
1
1
This Order may be cited as the Finance Act 2009, Schedule 51 (Time Limits for Assessments, Claims, etc.) (Appointed Days and Transitional Provisions) Order 2010.
2
In this Order a reference to a paragraph (without more) is a reference to that paragraph of Schedule 51 to the Finance Act 2009.
3
In this Order —
“The Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“FA”, followed by a year, means the Finance Act of that year .
“ IHTA 1984 ” means the Inheritance Tax Act 1984 ;
Appointed days
2
1
The day appointed as the day on which the amendments made by paragraphs 1 to 4 and 27 to 43 (insurance premium tax, aggregates levy, climate change levy, landfill tax and minor and consequential provision) come into force is 1st April 2010.
2
The day appointed as the day on which the amendments made by paragraphs 5 to 26 (inheritance tax, stamp duty land tax and petroleum revenue tax) come into force is 1st April 2011.
PART 2 TRANSITIONAL PROVISION
Insurance premium tax: claims
3
The amendment made by paragraph 2 is disregarded where claims made under paragraph 8 of Schedule 7 to FA 1994 (recovery of overpaid tax) are for the repayment of amounts paid to the Commissioners on or before 31st March 2007.
4
The amendment made by paragraph 3 is disregarded where claims made under paragraph 22 of Schedule 7 to FA 1994 (interest payable by Commissioners) are for the repayment of amounts paid to the Commissioners on or before 31st March 2007.
Insurance premium tax: assessments
5
The amendments made by paragraph 4 are disregarded where, for the purposes of paragraph 26 of Schedule 7 to FA 1994 (assessments: time limits), the “relevant event” occurred on or before 31st March 2007.
Inheritance tax: underpayments
6
In a case under section 240(2) IHTA 1984 , where —
a
the chargeable transfer took place on or before 31st March 2011, and
b
a loss of tax was brought about deliberately by any person (or a person acting on behalf of such a person),
the period within which proceedings may be brought is the period of 6 years beginning when the deliberate conduct comes to the knowledge of Her Majesty’s Revenue and Customs or the period of 20 years provided in section 240(5) IHTA 1984 , whichever ends soonest.
Stamp duty land tax: determination of penalties
7
Where a person incurs a penalty on or before 31st March 2011 under Part 4 of FA 2003 , and the case involves a loss of tax arising in one of the circumstances specified in paragraph 8(4B) of Schedule 14 to that Act (deliberately, etc ), the amendments made by paragraph 16(2) and (4) are disregarded.
Aggregates levy: claims
8
The amendment made by paragraph 28 is disregarded where, for the purposes of section 32(1) of FA 2001 (repayments of overpaid aggregates levy), a claim is for the repayment of an amount paid to the Commissioners on or before 31st March 2007.
9
The amendment made by paragraph 30 is disregarded where claims made under paragraph 2 of Schedule 8 to FA 2001 (interest payable by the Commissioners) are for the repayment of amounts relating to an applicable period which ends on or before 31st March 2007.
Aggregates levy: assessments
10
The amendment made by paragraph 29(2) is disregarded where, for the purposes of paragraph 4(1)(b) of Schedule 5 to FA 2001 (time limits for assessments), the end of the accounting period was on or before 31st March 2007.
11
The amendments made by paragraph 29(3) are disregarded where, for the purposes of paragraph 4(3) of Schedule 5 to FA 2001 (time limits for assessments), the end of the accounting period to which the assessment relates was on or before 31st March 2007.
12
The amendments made by paragraph 29(4) are disregarded where, for the purposes of paragraph 4(4) of Schedule 5 to FA 2001 (time limits for assessments), the death was on or before 31st March 2007.
13
The amendment made by paragraph 31(2) is disregarded where, for the purposes of paragraph 4(1) of Schedule 10 to FA 2001 (time limits on penalty assessments), the conduct to which the penalty relates occurred on or before 31st March 2007.
14
The amendments made by paragraph 31(3) are disregarded where, for the purposes of paragraph 4(2) of Schedule 10 to FA 2001 (time limits on penalty assessments), the conduct to which the penalty relates occurred on or before 31st March 2007.
15
The amendments made by paragraph 31(4) are disregarded where, for the purposes of paragraph 4(3) of Schedule 10 to FA 2001 (time limits on penalty assessments), the death was on or before 31st March 2007.
Climate change levy: claims
16
The amendment made by paragraph 33 is disregarded where, for the purpose of paragraph 64(1) of Schedule 6 to FA 2000 (repayments of overpaid levy), claims made are for the repayment of amounts paid to the Commissioners on or before 31st March 2007.
17
The amendment made by paragraph 34 is disregarded where, for the purpose of paragraph 66 of Schedule 6 to FA 2000 (interest payable by the Commissioners), claims made for the repayment of interest relate to an applicable period which ended on or before 31st March 2007.
Climate change levy: assessments
18
The amendment made by paragraph 35(2) is disregarded where, for the purposes of paragraph 80(1)(b) of Schedule 6 to FA 2000 (time limits for assessments), the end of the prescribed accounting period or the date when the levy is due occurred on or before 31st March 2007.
19
The amendments made by paragraph 35(3) are disregarded where, for the purposes of paragraph 80(3) of Schedule 6 to FA 2000 (time limits for assessments), the end of the prescribed accounting period occurred on or before 31st March 2007.
20
The amendments made by paragraph 35(4) are disregarded where, for the purposes of paragraph 80(4) of Schedule 6 to FA 2000 (time limits for assessments), the death occurred on or before 31st March 2007.
21
The amendment made by paragraph 36(2) is disregarded where, for the purposes of paragraph 108(1) of Schedule 6 to FA 2000 (time limits on penalty assessments), the conduct to which the penalty relates occurred on or before 31st March 2007.
22
The amendments made by paragraph 36(3) are disregarded where, for the purposes of paragraph 108(2) of Schedule 6 to FA 2000 (time limits on penalty assessments), the conduct to which the penalty relates occurred on or before 31st March 2007.
23
The amendments made by paragraph 36(4) are disregarded where, for the purposes of paragraph 108(3) of Schedule 6 to FA 2000 (time limits on penalty assessments), the death was on or before 31st March 2007.
Landfill tax: claims
24
The amendment made by paragraph 38 is disregarded where claims made under paragraph 14 of Schedule 5 to FA 1996 (recovery of overpaid tax) are for the repayment of an amount paid to the Commissioners on or before 31st March 2007.
25
The amendment made by paragraph 39 is disregarded where claims made under paragraph 29 of Schedule 5 to FA 1996 (interest payable by the Commissioners) relate to an applicable period which ends on or before 31st March 2007.
Landfill tax: assessments
26
The amendments made by paragraph 40(2), (3) and (4) are disregarded where, for the purposes of paragraph 33(1) and (3) of Schedule 5 to FA 1996 (assessments: time limits), the “relevant event” occurred on or before 31st March 2007.
27
The amendments made by paragraph 40(5) are disregarded where, for the purposes of paragraph 33(4) of Schedule 5 to FA 1996 (assessments: time limits), the “relevant event” occurred on or before 31st March 2007.
28
The amendments made by paragraph 40(6) are disregarded where, for the purposes of paragraph 33(5) of Schedule 5 to FA 1996 (assessments: time limits), the death occurred on or before 31st March 2007.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 2010


text:
Citation and commencement
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 and comes into force on 1st April 2011.
Amendment of the Income-related Benefits (Subsidy to Authorities) Order 1998
2
1
The Income-related Benefits (Subsidy to Authorities) Order 1998 is amended as follows.
2
In article 13(1)(a) (relevant benefit) for “and 17A” substitute “, 17A, 17B and 17C”.
3
In article 14(2) (backdated benefit) after “17A(2)” insert “, 17B(2), 17C(2)”.
4
For articles 15(7) and 15A(7) (disproportionate rent increase) substitute —
7
This article shall not apply in a case to which article 17 or 17A (subsidy in respect of temporary or short term accommodation) applies.
.
5
In article 16(1) (treatment of high rents in rent allowance cases) after “article 14 (backdated benefits)” insert “, 17B or 17C (subsidy in respect of accommodation provided by a registered housing association as temporary or short term accommodation)”.
6
For the heading to article 17 (subsidy in respect of temporary accommodation – non self-contained licensed accommodation and board and lodging accommodation) substitute “Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodation”.
7
In article 17 —
a
for paragraph (1) substitute —
1
This article applies where —
a
a rent rebate is payable by an authority;
b
a person (“P”) is required to pay the authority for —
i
board and lodging accommodation; or
ii
accommodation which is not self-contained and which the authority has a right to use under an agreement, other than a lease, with a third party; and
c
the authority makes the accommodation available to P —
i
to discharge any of its functions under Part 3 of the Housing Act 1985 , Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987 , as the case may be; or
ii
to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.
;
b
in paragraph (2)(c) omit “subject to paragraph (3A)”;
c
in paragraph (3) for “preceding the relevant year” substitute “2011”;
d
omit paragraph (3A);
e
in paragraph (4) for “article 17A” substitute “articles 17A, 17B and 17C”; and
f
in paragraph (5) for “article 17A” substitute “articles 17A, 17B and 17C”.
8
For the heading to article 17A (subsidy in respect of temporary accommodation – self-contained licensed accommodation and short lease accommodation) substitute “Subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation”.
9
In article 17A —
a
for paragraph (1) substitute —
1
This article applies where —
a
a rent rebate is payable by an authority;
b
a person (“P”) is required to pay the authority —
i
for self-contained accommodation which the authority has a right to use under an agreement, other than a lease, with a third party;
ii
in England, for accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years; or
iii
in Wales and Scotland, for accommodation which the authority holds on a lease; and
c
the authority makes the accommodation available to P —
i
to discharge any of its functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or
ii
to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.
;
b
in paragraph (2)(c) omit “subject to paragraph (3A)”;
c
in paragraph (3)(a) for “preceding the relevant year” substitute “2011”;
d
omit paragraph (3A); and
e
for paragraph (4) substitute —
4
For the purposes of determining the applicable local housing allowance in paragraph (3) —
a
for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and
b
for accommodation which is self-contained —
i
where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and
ii
where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.
.
10
After article 17A insert —
Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, made available by a registered housing association as temporary or short term accommodation
17B
1
This article applies where —
a
a rent allowance is payable by an authority;
b
a person (“P”) is required to pay a registered housing association for —
i
board and lodging accommodation; or
ii
accommodation which is not self-contained and which the registered housing association has a right to use under an agreement, other than a lease, with a third party; and
c
the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority —
i
to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or
ii
to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.
2
Where this article applies the appropriate amount is the lowest of —
a
the amount of housing benefit entitlement in a week or part week, as the case may be;
b
the maximum amount determined in accordance with paragraph (3); or
c
£500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.
3
The maximum amount referred to in paragraph (2) is the local housing allowance for January 2011 for the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order which is applicable to the broad rental market area in which the accommodation is situated.
Subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation
17C
1
This article applies where —
a
a rent allowance is payable by an authority; and
b
a person (“P”) is required to pay a registered housing association for —
i
accommodation which is not self-contained and which the registered housing association owns or holds on a lease; or
ii
accommodation which is self-contained; and
c
the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority —
i
to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or
ii
to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.
2
Where this article applies the appropriate amount is the lowest of —
a
the amount of housing benefit entitlement in a week or part week, as the case may be;
b
the maximum amount determined in accordance with paragraph (3); or
c
£500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.
3
The maximum amount referred to in paragraph (2) is the aggregate of —
a
90% of the local housing allowance for January 2011 for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated; and
b
either —
i
£40 for authorities listed in Schedule 7 (authorities in London); or
ii
£60 for other authorities.
4
For the purposes of determining the applicable local housing allowance in paragraph (3) —
a
for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and
b
for accommodation which is self-contained —
i
where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and
ii
where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.
.
Signed by authority of the Secretary of State for Work and Pensions
Freud
Parliamentary Under Secretary of State,
Department for Work and Pensions
13th October 2010
We consent,
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
13th October 2010


text:
Title and commencement
1
These Regulations may be cited as the Food Hygiene (England) (Amendment) Regulations 2010 and come into force on 13th April 2010.
Amendments to the Food Hygiene (England) Regulations 2006
2
1
The Food Hygiene (England) Regulations 2006 are amended in accordance with the following paragraphs.
2
In paragraph (1) of regulation 2 (interpretation) for the references to the EU instruments appearing immediately after the definition of “the Community Regulations” there are substituted the following references-
“Decision 2006/766”, “Decision 2009/951”, “Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005”, “Regulation 2076/2005”, “Regulation 1662/2006”, “Regulation 1663/2006”, “Regulation 1664/2006”, “Regulation 1666/2006”, “Regulation 1791/2006”, “Regulation 479/2007”, “Regulation 1243/2007”, “Regulation 1244/2007”, “Regulation 1245/2007”, “Regulation 1246/2007”, “Regulation 1441/2007”, “Regulation 439/2008”, “Regulation 1250/2008”, “Regulation 146/2009”, “Regulation 219/2009”, “Regulation 596/2009”, and “Regulation 669/2009” have the meanings respectively given to them in Schedule 1;
.
3
For regulation 17 (offences and penalties) there is substituted the following regulation —
Offences and penalties
17
1
Subject to paragraphs (4) to (8), any person who contravenes or fails to comply with any of the specified Community provisions shall be guilty of an offence.
2
Subject to paragraph (3), a person guilty of an offence under these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
3
A person guilty of an offence under regulation 15 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
4
Provided the requirements of Schedule 3 are complied with, a person shall be considered not to have contravened or failed to comply with Article 4(2) of Regulation 852/2004 as read with paragraph 4 of Chapter IV of Annex II to that Regulation (bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs).
5
Provided the requirements of Schedule 3A are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 5 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption).
6
Provided the requirements of Schedule 3B are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 5 of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption).
7
Provided the requirements of Schedule 3C are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 6 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport for livestock unless the competent authority permits them not to have such places and official authorised places and facilities exist nearby).
8
Provided the requirements of Schedule 3D are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 6(b) of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport unless officially authorised places and facilities exist nearby).
.
4
For Schedule 1 (definitions of Community legislation) there is substituted the Schedule (definitions of EU legislation) set out in Schedule 1 to these Regulations.
5
Immediately after Schedule 3 (bulk transport in sea-going vessels of liquid oils or fats and the bulk transport of raw sugar) there are inserted the Schedules set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
25th February 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Fire Safety (Employees’ Capabilities) (England) Regulations 2010 and shall come into force on 6th April 2010.
2
These Regulations apply to England only.
Employer to take employees’ capabilities into consideration
2
Every employer must, in entrusting tasks to employees, take into account their capabilities as regards health and safety, so far as those capabilities relate to fire.
Signed by authority of the Secretary of State for Communities and Local Government
S.R. Malik
Parliamentary Under Secretary of State
Department for Communities and Local Government
25 th February 2010


text:
Citation and commencement
1
This Order may be cited as the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 and comes into force on 15th February 2010.
Transfer of functions and abolition of tribunal
2
1
The functions of the Asylum and Immigration Tribunal are transferred to the First-tier Tribunal.
2
The Asylum and Immigration Tribunal is abolished.
Transfer of persons into the First-tier Tribunal and the Upper Tribunal
3
A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.
(1) Office held (2) Office to be held
Deputy President of the Asylum and Immigration Tribunal appointed under paragraph 5(1)(b) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 Transferred-in judge of the Upper Tribunal Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 and specified by the Lord Chancellor as a Senior Immigration Judge pursuant to the Asylum and Immigration Tribunal (Judicial Titles) Order 2005 Transferred-in judge of the Upper Tribunal Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 and specified by the Lord Chancellor as a Designated Immigration Judge pursuant to the Asylum and Immigration Tribunal (Judicial Titles) Order 2005 Transferred-in deputy judge of the Upper Tribunal; transferred-in judge of the First-tier Tribunal Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 Transferred-in judge of the First-tier Tribunal Other member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(e) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 Transferred-in other member of the Upper Tribunal
Transfer of Rules
4
The Asylum and Immigration Tribunal (Procedure) Rules 2005 and the Asylum and Immigration Tribunal (Procedure) (Fast-track) Rules 2005 have effect as if they were Tribunal Procedure Rules.
Consequential and transitional provisions
5
1
Schedule 1 contains consequential amendments to primary legislation as a consequence of the transfers effected by this Order.
2
Schedule 2 contains consequential amendments to secondary legislation as a consequence of the transfers effected by this Order.
3
Schedule 3 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.
4
Schedule 4 contains transitional and saving provisions.
By the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State,
Ministry of Justice
6th January 2010


text:
Citation and commencement
1
This Order may be cited as the Registered Pension Schemes (Standard Lifetime and Annual Allowances) Order 2010 and shall come into force on 15th April 2010.
Standard lifetime allowance
2
The standard lifetime allowance for the tax years 2011-12, 2012-13, 2013-14, 2014-15 and 2015-16 is £1,800,000.
Annual allowance
3
The annual allowance for the tax years 2011-12, 2012-13, 2013-14, 2014-15 and 2015-16 is £255,000.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 2010