text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2010 and comes into force on 8th October 2010.
Amendment of the Capital Allowances (Energy-saving Plant and Machinery) Order 2001
2
The Capital Allowances (Energy-saving Plant and Machinery) Order 2001 is amended as follows.
3
In article 2 (interpretation) , in the definitions of “Energy Technology Criteria List” and “Energy Technology Product List”, for “6th July 2009” wherever it occurs substitute “3rd August 2010”.
4
In article 3 (description of energy-saving plant and machinery), in paragraph (2) omit sub-paragraph (k) .
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of Her Majesty’s Treasury
16th September 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blackburn with Darwen Primary Care Trust (Change of Name) (Establishment) Amendment Order 2010 and shall come into force on 1st April 2010.
2
In this Order —
“the Establishment Order ” means the Blackburn with Darwen Primary Care Trust (Establishment) Order 2000 ;
“the trust” means the Primary Care Trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “the Act”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
for the definition of “community health services”, substitute —
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 or 7A of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
;
c
in the definition of “operational date”, for “paragraph 1(2) of Schedule 5A” substitute “paragraph 13(2) of Schedule 3;”; and
d
in the definition of “preparatory period”, for “paragraph 2(2) of Schedule 5A” substitute “paragraph 14(2) of Schedule 3;”.
Change of name of the trust
3
The trust shall be called the Blackburn with Darwen Teaching Care Trust Plus instead of the Blackburn with Darwen Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
for “Blackburn with Darwen Primary Care Trust” substitute “Blackburn with Darwen Teaching Care Trust Plus”.
Effect of change of name
4
The change of name effected by article 3 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Designation as a Care Trust
5
Article 2 of the Establishment Order (establishment and name of the Primary Care Trust) is renumbered as paragraph (1) of that article and after that paragraph add the following paragraph —
2
The trust is designated as a Care Trust.
.
Signed by authority of the Secretary of State for Health
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
8th March 2010


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2010 and shall come into force on 21st April 2010.
Fees
2
1
The fee to be paid to the Commissioner by each designated professional body for the year 1st April 2009 to 31st March 2010 shall be the sum specified in the Schedule to this Order.
2
The fee shall be paid on or before 30th April 2010.
Phil Woolas
Minister of State
Home Office
22nd March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Skills Act 2008 (Commencement No. 7 and Transitory Provisions) Order 2010.
2
In this Order —
“the 2002 Act ” means the Education Act 2002 ; and
“the 2008 Act ” means the Education and Skills Act 2008.
Provisions coming into force on 1st January 2011
2
The following provisions of the 2008 Act come into force on 1st January 2011 —
a
section 98 (applications for registration) so far as not already in force;
b
section 99 (determination of applications for registration) so far as not already in force;
c
section 123 (provision of information by proprietors) so far as not already in force;
d
section 124 (appeal by proprietor against decision of Secretary of State to deregister), for the purposes of appeals to the Tribunal against a decision of the Secretary of State to remove an institution from the register by virtue of section 123;
e
section 138(1) (interpretation of Chapter 1 of Part 4) so far as not already in force and so far as necessary for the interpretation of provisions brought into force by this article or made under such provisions.
Transitory provisions in connection with the commencement of sections 98, 99, 123 and 124 of the 2008 Act
3
1
Until the coming into force of section 95(1) of the 2008 Act (register of independent educational institutions for England) for all purposes, the provisions of the 2008 Act referred to in paragraphs (2) and (3) have effect subject to the modifications set out in those paragraphs.
2
Sections 98(1), 99(3) and (5)(b), 123(1) and (5) and 124(1) of the 2008 Act have effect as if references in each of them to a proprietor of a registered independent educational institution were references to a proprietor of an independent school entered in the register referred to in section 158(1)(a) of the 2002 Act.
3
Section 138(1) of the 2008 Act has effect as if the reference in the definition of “the register” to the register of independent educational institutions in England kept by the Secretary of State under section 95 of the 2008 Act were a reference to the register of independent schools in England referred to in section 158(1)(a) of the 2002 Act.
Nick Gibb
Minister of State
Department for Education
7th December 2010


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2010 and shall come into force on 6th April 2010.
Low earnings threshold
2
For the purposes of the Social Security Contributions and Benefits Act 1992 , it is directed that the low earnings threshold for the tax years following the tax year 2009 – 2010 shall be £14,100.
Signed by authority of the Secretary of State for Work and Pensions
Angela Eagle
Minster of State
Department for Work and Pensions
23rd February 2010


text:
Citation, commencement and expiration
1
1
This Order may be cited as the Export Control (Amendment) (No.3) Order 2010.
2
It comes into force on 30th November 2010.
3
It ceases to have effect on 28th November 2011.
Amendments related to pharmaceutical goods
2
1
The Export Control Order 2008 is amended as follows.
2
After Article 4 insert —
Movement of Thiopental Sodium to the United States of America
4A
1
Subject to articles 17 and 26, no person shall export pharmaceutical goods for human use containing the active ingredient thiopental sodium if paragraph (2) or (3) applies.
2
This paragraph applies where the destination is the United States of America.
3
This paragraph applies where the destination is not the United States of America but the exporter knows that the final destination of the goods is the United States of America.
.
3
In article 17 (transit or transhipment exception), in sub-paragraph (1) after “4,” insert “4A,”.
4
In paragraphs (1)(a)(i) and (2)(a) of article 41 (application of CEMA in respect of offences), after “4,” insert “4A,”.
Mark Prisk
Minister of State for Business Enterprise
Department for Business, Innovation and Skills
29th November 2010


text:
Citation and commencement
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 and comes into force on the 1st September 2010.
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
2
In regulation 2(1) (interpretation) of the Social Security (Overlapping Benefits) Regulations 1979 in the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Income Support (General) Regulations 1987
3
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
3
In regulation 61(1) (interpretation) —
a
in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
b
in the definition of “full-time course of advanced education” —
i
in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
ii
for paragraph (b)(i) substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or
;
c
in the definition of “full-time course of study” —
i
in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
ii
for paragraph (b)(i) substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or
;
4
In paragraph 28 of Schedule 1B for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Council Tax (Discount Disregards) Order 1992
4
In paragraph 8(b)(ii) of Part IV of Schedule 1 (Definition of Students, etc. ) to the Council Tax (Discount Disregards) Order 1992 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding”.
Amendment of the Jobseeker’s Allowance Regulations 1996
5
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 1(3) —
a
in the definition of “full-time course of advanced education” —
i
in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
ii
for paragraph (b)(i) substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or
b
in the definition of “full-time student” —
i
in paragraphs (b)(i) and (b)(ii) (except paragraph b(ii)(aa)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
ii
for paragraph (b)(ii)(aa) substitute —
aa
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or,
;
c
in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
3
In regulation 11(3) for “secured in England and Wales by the Learning and Skills Council for England or by the Welsh Ministers” substitute “secured in England by the Young People’s Learning Agency for England or Chief Executive of Skills Funding and in Wales by the Welsh Ministers”.
4
In regulation 57(1) in the definition of “training” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
5
In regulations 75(1)(b)(i), 170(2) and paragraph 16 of Schedule A1 for “Learning and Skills Council for England” in each place where those words occur substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
6
In regulation 130 (interpretation), in paragraph (d) of the definition of “access funds”, for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”.
Amendment of the Housing Renewal Grants Regulations 1996
6
1
The Housing Renewal Grants Regulations 1996 are amended as follows.
2
In regulation 41 (interpretation) —
a
in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
b
in the definition of “full-time course of study” —
i
in paragraphs (a) and (b) (except (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where these words occur;
ii
for paragraph (b)(i) substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or
Amendment of the National Minimum Wage Regulations 1999
7
In regulation 12(9B)of the National Minimum Wage Regulations 1999 for-paragraph (a)(i) substitute —
i
is funded by the Young People’s Learning Agency for England;
ia
is funded by the Chief Executive of Skills Funding;
Amendment of the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001
8
In regulations 12(2)(a) and (b) of the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in both places where those words occur.
Amendment of the Contracting Out (Local Education Authority Functions) (England) Order 2002
9
In Schedule 3 of the Contracting Out (Local Education Authority Functions) (England) Order 2002 omit paragraph (m).
Amendment of the New School (Admissions) (England) Regulations 2003
10
1
The New School (Admissions) (England) Regulations 2003 are amended as follows.
2
In regulation 3 (interpretation) omit ““the 2000 Act ” means the Learning and Skills Act 2000;”
3
In regulation 6(2) omit sub-paragraph (b).
4
In regulation 7(4)(b) omit sub-paragraph (ii).
Amendment of the Education (Teacher Student Loans) (Repayment etc.) Regulations 2003
11
1
The Education (Teacher Student Loans) (Repayment etc.) Regulations 2003 are amended as follows.
2
In regulation 2 (interpretation) in the definition of “specialist college” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, Chief Executive of Skills Funding”.
3
In regulation 4(3)(d) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Education (Pupil Information) (England) Regulations 2005
12
In regulation 2 (interpretation) of the Education (Pupil Information) (England) Regulations 2005 for the definition of “unique learner number” for “Learning and Skills Council for England” substitute “Chief Executive of Skills Funding”.
Amendment of the Education (School Inspection) (England) Regulations 2005
13
In regulation 4(1)(f) of the Education (School Inspection) (England) Regulations 2005 for “local learning and skills council for the area in which the school is located” substitute “Young People’s Learning Agency for England”.
Amendment of the Housing Benefit Regulations 2006
14
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”;
3
In regulation 53(1) —
a
in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
b
in the definition of “full-time course of study” —
i
in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
ii
for paragraph (b)(i) substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or
.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
15
In regulation 2(1) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Council Tax Benefit Regulations 2006
16
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In regulation 2(1), (interpretation) in paragraph (a) of the definition of “training allowance”) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
3
In regulation 43(1) (interpretation) —
a
in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
b
in the definition of “full-time course of study” —
i
in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
ii
for paragraph (b)(i), substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or
.
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
17
In regulation 2(1) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 , in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 2006
18
In regulation 2 of the Education (Information About Individual Pupils) (England) Regulations 2006 in the definition of “unique learner number” for “Learning and Skills Council” substitute “Chief Executive of Skills Funding”.
Amendment of the Education (Fees and Awards) (England) Regulations 2007
19
1
The Education (Fees and Awards) (England) Regulations 2007 are amended as follows.
2
In regulation 2(1) (interpretation) omit ““ LSC ” means the Learning and Skills Council for England;”.
3
In the heading of regulation 9 for “LSC” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding”.
4
In regulations 9 (1) and (2) for “LSC” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding” in both places where it occurs.
5
In regulation 9(1) for “section 5 of the Learning and Skills Act 2000” substitute “sections 61 or 100 of the Apprenticeships, Skills, Children and Learning Act 2009”.
Amendment of the Education (Information About Children in Alternative Provision) (England) Regulations 2007
20
In regulation 8(h) of the Education (Information About Children in Alternative Provision) (England) Regulations 2007 for “Learning and Skills Council for England and the relevant local learning and skills council” substitute “Young People’s Learning Agency for England”.
Amendment of the School Organisation (Transitional Provisions) (England) Regulations 2007
21
1
The School Organisation (Transitional Provisions) (England) Regulations 2007 are amended as follows.
2
In regulation 8 —
a
omit paragraph (1);
b
in paragraph (2) omit “or” at the end of sub-paragraph (a) and sub-paragraph (b).
3
In regulation 12 omit “or under Schedule 7 to the Learning and Skills Act 2000”.
4
In regulation 16 —
a
omit paragraph (3);
b
in paragraph (4) —
i
insert “or” at the end of sub-paragraph (a);
ii
omit “or” at the end of sub-paragraph (b) and sub-paragraph (c)
5
In the following regulations —
17(1)(d),
18(10(d),
28(1)(d),
29(1)(c),
36(10)(c), and
36(11)(c)
for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.
Amendment of the School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007
22
1
The School Organisation (Establishment and Discontinuance of Schools) (England) Regulation 2007 are amended as follows.
2
In regulations 5(1)(d), 10(6)(f), 13(5)(d), 15(3)(d) and 25(1)(d) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.
3
In Schedule 2 —
a
in Part 1, in paragraph 25 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;
b
in Part 2, in paragraph 54 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
4
In Schedule 3 —
a
in Part 1, in paragraph 26 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;
b
in Part 2, in paragraph 62 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Amendment of the School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007
23
1
The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 are amended as follows.
2
In paragraphs 5(1)(g), 17(2)(d), 21(10)(c) and (11)(c) of Part 2 of Schedule 1 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England” in each place where those words occur.
3
In Schedule 3 —
a
in Part 1, paragraph 13 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;
b
in Part 2 in paragraphs 27(1)(h), 33(1)(c), 34(1)(d), 41(10)(c) and 41(11)(c) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
4
In Schedule 5 —
a
in Part 1, paragraph 13 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”;
b
in Part 2 in paragraphs 27(1)(i), 33(1)(c), 34(1)(d), 41(9)(c) and 10(c) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Amendment of the Education (Supply of Information About the School Workforce) ( No. 2) (England) Regulations 2007
24
In regulation 8(2)(d) of the Education (Supply of Information About the School Workforce) (No. 2) (England) Regulations 2007 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Amendment of the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts (England) Regulations 2007
25
In regulation 7(1)(h) of the School Organisation (Removal of Foundation, Reduction in Number of Foundation Governors and Ability of Foundation to Pay Debts (England) Regulations 2007 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Amendment of the School Finance (England) Regulations 2008
26
1
The School Finance (England) Regulations 2008 are amended as follows.
2
In regulation 1(4) —
a
omit the definitions of “the 2000 Act” and “LSC”;
b
in the definition of “specific grant” omit “LSC under section 7 of the 2000 Act or by the”.
3
In regulation 15(2)(b) omit “the LSC (sixth form pupils)”.
4
In regulation 21 —
a
in paragraphs (1) and (4) omit “the LSC or”;
b
in paragraph (3) omit “the LSC’s or”.
5
In regulation 23(2) omit “by the LSC under section 7 of the 2000 Act, or”.
6
In paragraph 1(a) of Schedule 4 omit “by the LSC under section 7 of the 2000 Act or”.
Amendment of the Education (Budget Statements) (England) Regulations 2008
27
1
The Education (Budget Statements) (England) Regulations 2008 are amended as follows.
2
In regulation 2 (interpretation) —
a
omit ““the 2000 Act” means the Learning and Skills Act 2000;”;
b
omit ““LSC” means the Learning and Skills Council for England;”;
c
insert the following definitions at the appropriate place —
“ CE ” means the “Chief Executive of Skills Funding”;
“ YPLA ” means the “Young People’s Learning Agency for England”;
3
In Schedule 1, Parts 1, 2, 3 and 4 for “LSC” substitute “YPLA or CE” in each place where it occurs.
Amendment of the Employment and Support Allowance Regulations 2008
28
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 2(1) (interpretation) in paragraph (a) of the definition of “training allowance” for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.
3
In regulation 14(2) —
a
for paragraph (a)(i) substitute —
i
the Young People’s Learning Agency for England;
ia
the Chief Executive of Skills Funding;
;
b
in paragraph (c) (except paragraph c(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”;
c
for paragraph (c)(i) substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course;
;
4
In regulation 131(1) (interpretation) —
a
in paragraph (d) of the definition of “access funds” for “Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000” substitute “Young People’s Learning Agency for England under sections 61 and 62 of the Apprenticeships, Skills, Children and Learning Act 2009 or the Chief Executive of Skills Funding under sections 100 and 101 of that Act”;
b
in the definition of “full-time course of advanced education” —
i
in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
ii
for paragraph (b)(i) substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or
;
c
in the definition of “full-time course of study” —
i
in paragraphs (a) and (b) (except paragraph (b)(i)) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding” in both places where those words occur;
ii
for paragraph (b)(i) substitute —
i
in the case of a course funded by the Young People’s Learning Agency for England or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those bodies for the delivery of that course; or
.
Amendment of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009
29
In regulation 3(5)(t) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England”.
Nick Gibb
Minister of State for Schools
Department for Education
28th July 2010


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 and shall come into force on 6th April 2010.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (Use Classes) Order 1987
2
1
The Town and Country Planning (Use Classes) Order 1987 is amended as follows.
2
In Part C of the Schedule, for Class C2A substitute —
Secure residential institutions
Class C2A
Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks.
.
3
In Part C of the Schedule, for Class C3 substitute —
Dwellinghouses
Class C3
Use as a dwellinghouse (whether or not as a sole or main residence) by —
a
a single person or by people to be regarded as forming a single household;
b
not more than six residents living together as a single household where care is provided for residents; or
c
not more than six residents living together as a single household where no care is provided to residents (other than a use within Class C4).
Interpretation of Class C3
For the purposes of Class C3(a) “single household” shall be construed in accordance with section 258 of the Housing Act 2004 .
4
In Part C of the Schedule, after Class C3 insert —
Houses in multiple occupation
Class C4
Use of a dwellinghouse by not more than six residents as a “house in multiple occupation”.
Interpretation of Class C4
For the purposes of Class C4 a “house in multiple occupation” does not include a converted block of flats to which section 257 of the Housing Act 2004 applies but otherwise has the same meaning as in section 254 of the Housing Act 2004.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
8th March 2010


text:
1
This Order may be cited as the Consular Fees (Amendment) Order 2010 and comes into force on 22nd November 2010.
2
Schedule 1 Part V, fee 28 to the Consular Fees Order 2010 shall be replaced with the following —
Fee £
28. Receiving, outside the United Kingdom, an application for — (a) entry clearance to the Crown Dependencies — (i) as a visitor, for single, double and multiple entries valid — (aa) for up to six months from the date of issue 70.00 (bb) for between six months and up to two years from the date of issue 245.00 (cc) for between two years and up to five years from the date of issue 450.00 (dd) for between five years and up to ten years from the date of issue 650.00 (ii) for settlement 750.00 (iii) as a student 220.00 (iv) as a work permit holder, unless (v) below applies 350.00 (v) as a work permit holder where the application is in respect of a person who is a national of a State which has ratified the Council of Europe Social Charter 300.00 (vi) as a temporary or voluntary worker, unless (vii) below applies 130.00 (vii) as a temporary or voluntary worker where the application is in respect of a person who is a national of a State which has ratified the Council of Europe Social Charter 120.00 (vii) for any purpose other than those listed in sub-paragraphs (i) to (vii) above 245.00 (b) a certificate of entitlement to the right of abode in the Crown Dependencies 245.00
Judith Simpson
Clerk of the Privy Council


text:
Title, application and commencement
1
These Regulations may be cited as the Beef and Veal Labelling Regulations 2010; they apply in England and come into force on 1st May 2010.
The competent authority
2
1
The Secretary of State is the competent authority for the purposes of —
a
Title II of Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products ;
b
Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 ;
c
Article 113b of, and Annex XIa to, Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products ;
d
Commission Regulation (EC) No. 566/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less .
The enforcement authorities
3
1
In relation to retail supply these Regulations are enforced by —
a
where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994 , that authority;
b
where there is not a unitary authority —
i
in a metropolitan district, the council of that district;
ii
in a non-metropolitan county, the council of that county;
iii
in each London borough, the council of that borough; or
iv
in the City of London, the Common Council.
2
Otherwise they are enforced by those local authorities, a port health authority and the Secretary of State.
Offences under European legislation
4
1
Any person who fails to comply with any of the following is guilty of an offence —
a
the following provisions of Regulation (EC) No. 1760/2000 of the European Parliament and the Council —
i
Article 11 (requirement to label);
ii
Article 13(1) (general rules);
iii
Article 13(2) (indications on the label);
iv
Article 13(5) (additional information on the label);
v
Article 14 (labelling of minced beef);
vi
Article 15 (beef from third countries);
vii
Article 16(4) (voluntary labelling);
viii
Article 17(1) (voluntary labelling of beef from third countries);
b
the following provisions of Commission Regulation (EC) No. 1825/2000 —
i
Article 1 (traceability);
ii
Article 2 (labelling);
iii
Article 4 (size and composition of a group);
iv
Article 5(2) (minced beef);
v
Article 5a (trimmings);
vi
Article 5b (pre-packaged cut meat);
vii
Article 5c (non-pre-packaged cut meat);
viii
Article 6(3) (beef in small retail packages);
ix
Article 7 (access to premises and records);
c
the following provision of Council Regulation (EC) No. 1234/2007 —
i
Article 113b (marketing of the meat of bovine animals aged 12 months or less);
ii
paragraph II of Annex XIa (classification at the slaughterhouse);
iii
paragraph III of Annex XIa (sales descriptions);
iv
paragraph IV of Annex XIa (compulsory information on the label);
v
paragraph V of Annex XIa (optional information on the label);
vi
paragraph VI of Annex XIa (recording);
vii
paragraph VIII of Annex XIa (meat from third countries);
d
the following provision of Commission Regulation (EC) No. 566/2008 —
i
Article 4(1) (compulsory information on the label);
ii
Article 4(2) (indication of age);
iii
Article 5 (recording information).
2
For the purposes of paragraph IV(2) of Annex XIa to Council Regulation (EC) No 1234/2007 , the required information must be displayed near the meat so as to allow the final consumer to identify it easily, and must be clearly legible.
3
Records (including electronic records) must be retained for a period of 12 months from the end of the calendar year in which the record was made.
Notices
5
1
Where beef or veal has been labelled and marketed in a manner that does not comply with these Regulations, an authorised officer of an enforcement authority may serve a notice on the person in possession of the beef or veal requiring —
a
its immediate relabelling in accordance with these Regulations, or
b
its immediate removal from sale until it is relabelled in accordance with these Regulations or otherwise disposed of,
and any person who fails to comply with that notice is guilty of an offence.
2
A notice must state the right of appeal to a magistrates’ court and the period within which the appeal may be brought.
3
Any person who is aggrieved by a notice may appeal to a magistrates’ court.
4
The procedure is by way of complaint for an order, and the Magistrates’ Court Act 1980 applies to the proceedings.
5
The period within which an appeal may be brought is one month from the date on which the notice was served.
6
On an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may in the circumstances think fit.
7
A person who is aggrieved by any decision of a magistrates’ court on an appeal under this regulation may appeal to the Crown Court.
Powers of entry
6
1
An authorised officer of an enforcement authority may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ascertaining whether —
a
there is or has been on the premises any contravention of these Regulations; or
b
there is on the premises any evidence of any contravention of these Regulations.
2
The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.
3
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any purpose in paragraph (1) and that —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier,
b
an application for admission would defeat the object of the entry, or
c
the premises are unoccupied or the occupier temporarily absent,
the justice may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.
4
A warrant granted under this regulation continues in force for one month.
5
An officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
Powers of authorised officers
7
An authorised officer of an enforcement authority entering any premises under these Regulations may —
a
inspect any beef or veal present on those premises;
b
take samples from any beef or veal on those premises and, if necessary, send the samples for testing;
c
inspect any labels and relevant business records (including electronic records) in whatever form they are held;
d
seize and detain any such labels and records (including electronic records) that may be required as evidence in proceedings under these Regulations.
Obstruction
8
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations,
b
without reasonable cause, fails to give any person acting in execution of these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations, or
c
furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading,
is guilty of an offence.
Offences by bodies corporate
9
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
10
A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation
11
The Beef and Veal Labelling Regulations 2008 are revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
23rd March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Houses in Multiple Occupation (Specified Educational Establishments) (England) (No. 2) Regulations 2010 and come into force on 25th November 2010.
2
These Regulations apply in relation to England only.
Educational establishments specified for certain purposes of the Housing Act 2004
2
An educational establishment is specified for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004 (buildings occupied by students) where —
a
it is listed in the Schedule to these Regulations; and
b
it is listed as the relevant educational establishment in respect of a building —
i
listed on or before 14th May 2010 in the second column of Schedule 1 of Appendix VII to the ANUK/UNIPOL Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 28th August 2008 ; or
ii
listed in the Schedule annexed to the Universities UK /Guild HE Code of Practice for the Management of Student Housing dated 17th August 2010 .
Revocation of earlier Regulations
3
The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2010 are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
28th October 2010


text:
Citation and commencement
1
These Regulations may be cited as the Education and Inspections Act 2006 and Education and Skills Act 2008 (Consequential Amendments to Subordinate Legislation) (England) Regulations 2010 and comes into force on the 1st September 2010.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
In regulation 57(1) of the Jobseeker’s Allowance Regulations 1996 for the definition of “the Connexions Service” substitute —
“the Connexions Service” means a service made available by a local authority in accordance with section 68 of the Education and Skills Act 2008;
.
Amendment of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
3
In regulation 2(1) (interpretation) of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 for the definition of “Connexions Service” substitute —
“Connexions Service” means a service made available by a local authority in accordance with section 68 of the Education and Skills Act 2008;
.
Amendment of the Contracting Out (Local Education Authority Functions) (England) Order 2002
4
In Schedule 3 of the Contracting Out (Local Education Authority Functions) England Order 2002 omit paragraphs (n) and (o).
Amendment of the School Companies Regulations 2002
5
In regulation 2(2)(a) of the School Companies Regulations 2002 for “section 65 or 83 of the Learning and Skills Act 2000” substitute “section 83 of the Learning and Skills Act 2000 or section 128 of the Education and Inspections Act 2006”.
Amendment of the School Companies (Private Finance Initiative Companies) Regulations 2002
6
In regulation 2(2)(a) of the School Companies (Private Finance Initiative Companies) Regulations 2002 for “section 65 of the Learning and Skills Act 2000” substitute “section 128 of the Education and Skills Act 2006”.
Amendment of the Children Act 2004 (Children’s Services) Regulations 2005
7
In regulation 2(1)(r) of the Children Act 2004 (Children’s Services) Regulations 2005 for “section 118(1)(c) of the Learning and Skills Act 2000 (inspection of services to encourage, etc effective participation by young persons in education or training)” substitute “section 75 of the Education and Skills Act 2008 (inspection)”.
Amendment of the Children Act 2004 (Joint Area Reviews) Regulations 2005
8
1
The Schedule to Children Act 2004 (Joint Area Reviews) Regulations 2005 is amended as follows.
2
In paragraph 1 omit the definitions of “the 2000 Act” and “the ALI ”.
3
In paragraph 4 —
a
in sub-paragraph (1) for “section 114(1) of the 2000 Act (provision of services encouraging participation by young persons in education or training)” substitute “section 68 (support services: provision by local authorities) of the Education and Skills Act 2008”;
b
in sub-paragraph (2)(a) for “section 118(7) of the 2000 Act” substitute “section 75(7) of the Education and Skills Act 2008”.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 2006
9
In Schedule 1, Part 1, to the Education (Information About Individual Pupils) (England) Regulations 2006 omit paragraph 15.
Amendment of the Education (Information About Children in Alternative Provision) (England) Regulations 2007
10
1
The Education (Information About Children in Alternative Provision) (England) Regulations 2007 is amended as follows.
2
In regulation 8(k) —
a
for “the Secretary of State” substitute “a local authority”;
b
for “section 114(2) of the Learning and Skills Act 2000” substitute “section 68(3)(b) of the Education and Skills Act 2008”.
Amendment of the School Finance (England) Regulations 2008
11
In paragraph 19 of Schedule 1 to the School Finance (England) Regulations 2008 for “under section 116 of the 2000 Act” substitute “under section 68 of the Education and Skills Act 2008”.
Amendment of the Education (Budget Statements) (England) Regulations 2008
12
In regulation 2 of the Education (Budget Statements) (England) Regulations 2008 in the definition of “youth work” for “section 114 of the 2000 Act” substitute “section 68 of the Education and Skills Act 2008”.
Nick Gibb
Minister of State for Schools
Department for Education
29th July 2010


text:
PART 1 GENERAL
Citation and commencement
1
These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and come into force on 1st April 2010.
Interpretation
2
In these Regulations —
“the Act” means the Health and Social Care Act 2008;
“the 1983 Act ” means the Mental Health Act 1983 ;
“the 2006 Act ” means the National Health Service Act 2006 ;
“the 2001 Order ” means the Health Professions Order 2001 ;
“adult placement carer” means an individual who, under the terms of a carer agreement, provides, or intends to provide, personal care for service users together with, where necessary, accommodation in the individual’s home;
“adult placement scheme” means a scheme carried on (whether or not for profit) by a local authority or other person for the purposes of —
recruiting and training adult placement carers;
making arrangements for the placing of service users with adult placement carers; and
supporting and monitoring placements;
“carer agreement” means an agreement entered into between a person carrying on an adult placement scheme and an individual for the provision, by that individual, of personal care to a service user together with, where necessary, accommodation in the individual’s home;
“chiropodist or podiatrist” means a person registered as such with the Health Professions Council pursuant to article 5 of the 2001 Order ;
“employment” means —
employment under a contract of service, an apprenticeship, a contract for services or otherwise than under a contract (including under a carer agreement); and
the grant of practising privileges,
and “employed” and “employer” should be construed accordingly;
“employment agency” and “employment business” have the same meanings as in the Employment Agencies Act 1973 ;
“health care professional” means, except in paragraph 5 of Schedule 1, a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999 applies;
“hospital”, except in paragraphs 1(3)(d) and 6 of Schedule 1, has the same meaning as in section 275 of the 2006 Act;
“institution within the further education sector” has the same meaning as in section 91 of the Further and Higher Education Act 1992 ;
“local anaesthesia” means any anaesthesia other than general, spinal or epidural anaesthesia, and also excludes the administration of a regional nerve block;
“medical practitioner” means a registered medical practitioner ;
“nominated individual” must be construed in accordance with regulation 5(2);
“nurse” means a registered nurse;
“nursing care” means any services provided by a nurse and involving —
the provision of care; or
the planning, supervision or delegation of the provision of care,
other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a nurse;
“personal care” means —
physical assistance given to a person in connection with —
eating or drinking (including the administration of parenteral nutrition),
toileting (including in relation to the process of menstruation),
washing or bathing,
dressing,
oral care, or
the care of skin, hair and nails (with the exception of nail care provided by a chiropodist or podiatrist); or
the prompting, together with supervision, of a person, in relation to the performance of any of the activities listed in paragraph (a), where that person is unable to make a decision for themselves in relation to performing such an activity without such prompting and supervision;
“practising privileges” means the grant, by a person managing a hospital, to a medical practitioner of permission to practise as a medical practitioner in that hospital;
“premises” means —
any building or other structure, including any machinery or engineering systems which are physically affixed and integral to such building or structure; or
a vehicle;
“registered manager” means, in respect of a regulated activity, a person registered with the Commission under Chapter 2 of Part 1 of the Act as a manager in respect of that activity, and “manage” should be construed accordingly;
“registered person” means, in respect of a regulated activity, a person who is the service provider or registered manager in respect of that activity;
“school” has the same meaning as in the Education Act 1996 ;
“service provider” means, in respect of a regulated activity, a person registered with the Commission under Chapter 2 of Part 1 of the Act as a service provider in respect of that activity;
“service user” means a person who receives services provided in the carrying on of a regulated activity;
“treatment”, except in paragraph 6 of Schedule 1, includes —
a diagnostic or screening procedure carried out for medical purposes;
the ongoing assessment of a service user’s mental or physical state;
nursing, personal and palliative care; and
the giving of vaccinations and immunisations;
“vulnerable adult” has the same meaning as in section 59 of the Safeguarding Vulnerable Groups Act 2006 .
PART 2 REGULATED ACTIVITIES
Prescribed activities
3
1
Subject to paragraphs (3) to (8), for the purposes of section 8(1) of the Act, the activities specified in Schedule 1 are prescribed as regulated activities.
2
An activity which is ancillary to, or is carried on wholly or mainly in relation to, a regulated activity shall be treated as part of that activity.
3
Subject to paragraph (4), until 1st October 2010, an activity is only a regulated activity if it is carried on by an English NHS body .
4
Where services involving, or connected with, the provision of social care are provided by an English NHS body which is registered as an establishment or agency under Part 2 of the Care Standards Act 2000 in relation to the provision of those services then, to the extent that those services are capable of being a regulated activity for the purposes of these Regulations, they are only a regulated activity with effect from 1st October 2010.
5
An activity is only a regulated activity if it is carried on in England.
6
In Schedule 1, in paragraph 10(1), the words “by an English NHS provider” shall cease to have effect on 1st April 2011.
7
Subject to paragraph (8), the activities specified in Schedule 2 are not regulated activities.
8
In Schedule 2 —
a
paragraphs 3, 6 and 7 and, in paragraph 4, the words “and except where paragraph 3 applies”, shall cease to have effect on 1st April 2012; and
b
paragraphs 9 and 11 shall cease to have effect on 1st April 2011.
PART 3 REQUIREMENTS RELATING TO PERSONS CARRYING ON OR MANAGING A REGULATED ACTIVITY
Requirements where the service provider is an individual or partnership
4
1
This regulation applies where a service provider (P) is an individual or a partnership.
2
P must not carry on a regulated activity unless P is fit to do so.
3
P is not fit to carry on a regulated activity unless P is —
a
an individual who carries on the regulated activity, otherwise than in partnership with others, and satisfies the requirements set out in paragraph (4); or
b
a partnership and each of the partners satisfies the requirements set out in paragraph (4);
4
The requirements referred to are that P or, where applicable, each of the partners is —
a
of good character;
b
physically and mentally fit to carry on the regulated activity and has the necessary qualifications, skills and experience to do so; and
c
able to supply to the Commission, or arrange for the availability of, information relating to themselves specified in Schedule 3.
Requirement where the service provider is a body other than a partnership
5
1
This regulation applies where the service provider is a body other than a partnership.
2
The body must give notice to the Commission of the name, address and position in the body of an individual (in these Regulations referred to as “the nominated individual”) who is employed as a director, manager or secretary of the body and who is responsible for supervising the management of the carrying on of the regulated activity by the body.
3
The registered person must take all reasonable steps to ensure that the nominated individual is —
a
of good character;
b
physically and mentally fit to supervise the management of the carrying on of the regulated activity and has the necessary qualifications, skills and experience to do so; and
c
able to supply to the registered person, or arrange for the availability of, the information specified in Schedule 3.
Requirements relating to registered managers
6
1
A person (M) shall not manage the carrying on of a regulated activity as a registered manager unless M is fit to do so.
2
M is not fit to be a registered manager in respect of a regulated activity unless M is —
a
of good character;
b
physically and mentally fit to carry on the regulated activity and has the necessary qualifications, skills and experience to do so; and
c
able to supply to the Commission, or arrange for the availability of, the information relating to themselves specified in Schedule 3.
Registered person: training
7
1
If the service provider is —
a
an individual, the individual must undertake;
b
a partnership, it must ensure that one of the partners undertakes; or
c
a body other than a partnership, it must ensure that the nominated individual undertakes,
from time to time such training as is reasonably practicable and appropriate to ensure that there are the necessary experience and skills available for carrying on the regulated activity.
2
The registered manager must undertake from time to time such training as is appropriate to ensure that the manager has the experience and skills necessary for managing the carrying on of the regulated activity.
PART 4 QUALITY AND SAFETY OF SERVICE PROVISION IN RELATION TO REGULATED ACTIVITY
General
8
A registered person must, in so far as they are applicable, comply with the requirements specified in regulations 9 to 24 in relation to any regulated activity in respect of which they are registered.
Care and welfare of service users
9
1
The registered person must take proper steps to ensure that each service user is protected against the risks of receiving care or treatment that is inappropriate or unsafe, by means of —
a
the carrying out of an assessment of the needs of the service user; and
b
the planning and delivery of care and, where appropriate, treatment in such a way as to —
i
meet the service user’s individual needs,
ii
ensure the welfare and safety of the service user,
iii
reflect, where appropriate, published research evidence and guidance issued by the appropriate professional and expert bodies as to good practice in relation to such care and treatment, and
iv
avoid unlawful discrimination including, where applicable, by providing for the making of reasonable adjustments in service provision to meet the service user’s individual needs.
2
The registered person must have procedures in place for dealing with emergencies which are reasonably expected to arise from time to time and which would, if they arose, affect, or be likely to affect, the provision of services, in order to mitigate the risks arising from such emergencies to service users.
Assessing and monitoring the quality of service provision
10
1
The registered person must protect service users, and others who may be at risk, against the risks of inappropriate or unsafe care and treatment, by means of the effective operation of systems designed to enable the registered person to —
a
regularly assess and monitor the quality of the services provided in the carrying on of the regulated activity against the requirements set out in this Part of these Regulations; and
b
identify, assess and manage risks relating to the health, welfare and safety of service users and others who may be at risk from the carrying on of the regulated activity.
2
For the purposes of paragraph (1), the registered person must —
a
where appropriate, obtain relevant professional advice;
b
have regard to —
i
the complaints and comments made, and views (including the descriptions of their experiences of care and treatment) expressed, by service users, and those acting on their behalf, pursuant to sub-paragraph (e) and regulation 19,
ii
any investigation carried out by the registered person in relation to the conduct of a person employed for the purpose of carrying on the regulated activity,
iii
the information contained in the records referred to in regulation 20,
iv
appropriate professional and expert advice (including any advice obtained pursuant to sub-paragraph (a)),
v
reports prepared by the Commission from time to time relating to the registered person’s compliance with the provisions of these Regulations, and
vi
periodic reviews and special reviews and investigations carried out by the Commission in relation to the provision of health or social care, where such reviews or investigations are relevant to the regulated activity carried on by the service provider;
c
where necessary, make changes to the treatment or care provided in order to reflect information, of which it is reasonable to expect that a registered person should be aware, relating to —
i
the analysis of incidents that resulted in, or had the potential to result in, harm to a service user, and
ii
the conclusions of local and national service reviews, clinical audits and research projects carried out by appropriate expert bodies;
d
establish mechanisms for ensuring that —
i
decisions in relation to the provision of care and treatment for service users are taken at the appropriate level and by the appropriate person (P), and
ii
P is subject to an appropriate obligation to answer for a decision made by P, in relation to the provision of care and treatment for a service user, to the person responsible for supervising or managing P in relation to that decision; and
e
regularly seek the views (including the descriptions of their experiences of care and treatment) of service users, persons acting on their behalf and persons who are employed for the purposes of the carrying on of the regulated activity, to enable the registered person to come to an informed view in relation to the standard of care and treatment provided to service users.
3
The registered person must send to the Commission, when requested to do so, a written report setting out how, and the extent to which, in the opinion of the registered person, the requirements of paragraph (1) are being complied with, together with any plans that the registered person has for improving the standard of the services provided to service users with a view to ensuring their health and welfare.
Safeguarding service users from abuse
11
1
The registered person must make suitable arrangements to ensure that service users are safeguarded against the risk of abuse by means of —
a
taking reasonable steps to identify the possibility of abuse and prevent it before it occurs; and
b
responding appropriately to any allegation of abuse.
2
Where any form of control or restraint is used in the carrying on of the regulated activity, the registered person must have suitable arrangements in place to protect service users against the risk of such control or restraint being —
a
unlawful; or
b
otherwise excessive.
3
For the purposes of paragraph (1), “abuse”, in relation to a service user, means —
a
sexual abuse;
b
physical or psychological ill-treatment;
c
theft, misuse or misappropriation of money or property; or
d
neglect and acts of omission which cause harm or place at risk of harm.
Cleanliness and infection control
12
1
The registered person must, so far as reasonably practicable, ensure that —
a
service users;
b
persons employed for the purpose of the carrying on of the regulated activity; and
c
others who may be at risk of exposure to a health care associated infection arising from the carrying on of the regulated activity,
are protected against identifiable risks of acquiring such an infection by the means specified in paragraph (2).
2
The means referred to in paragraph (1) are —
a
the effective operation of systems designed to assess the risk of and to prevent, detect and control the spread of a health care associated infection;
b
where applicable, the provision of appropriate treatment for those who are affected by a health care associated infection; and
c
the maintenance of appropriate standards of cleanliness and hygiene in relation to —
i
premises occupied for the purpose of carrying on the regulated activity,
ii
equipment and reusable medical devices used for the purpose of carrying on the regulated activity, and
iii
materials to be used in the treatment of service users where such materials are at risk of being contaminated with a health care associated infection.
Management of medicines
13
The registered person must protect service users against the risks associated with the unsafe use and management of medicines, by means of the making of appropriate arrangements for the obtaining, recording, handling, using, safe keeping, dispensing, safe administration and disposal of medicines used for the purposes of the regulated activity.
Meeting nutritional needs
14
1
Where food and hydration are provided to service users as a component of the carrying on of the regulated activity, the registered person must ensure that service users are protected from the risks of inadequate nutrition and dehydration, by means of the provision of —
a
a choice of suitable and nutritious food and hydration, in sufficient quantities to meet service users’ needs;
b
food and hydration that meet any reasonable requirements arising from a service user’s religious or cultural background; and
c
support, where necessary, for the purposes of enabling service users to eat and drink sufficient amounts for their needs.
2
For the purposes of this regulation, “food and hydration” includes, where applicable, parenteral nutrition and the administration of dietary supplements where prescribed.
Safety and suitability of premises
15
1
The registered person must ensure that service users and others having access to premises where a regulated activity is carried on are protected against the risks associated with unsafe or unsuitable premises, by means of —
a
suitable design and layout;
b
appropriate measures in relation to the security of the premises; and
c
adequate maintenance and, where applicable, the proper —
i
operation of the premises, and
ii
use of any surrounding grounds,
which are owned or occupied by the service provider in connection with the carrying on of the regulated activity.
2
In paragraph (1), the term “premises where a regulated activity is carried on” does not include a service user’s own home.
Safety, availability and suitability of equipment
16
1
The registered person must make suitable arrangements to protect service users and others who may be at risk from the use of unsafe equipment by ensuring that equipment provided for the purposes of the carrying on of a regulated activity is —
a
properly maintained and suitable for its purpose; and
b
used correctly.
2
The registered person must ensure that equipment is available in sufficient quantities in order to ensure the safety of service users and meet their assessed needs.
3
Where equipment is provided to support service users in their day to day living, the registered person must ensure that, as far as reasonably practicable, such equipment promotes the independence and comfort of service users.
4
For the purposes of this regulation —
a
“equipment” includes a medical device; and
b
“medical device” has the same meaning as in the Medical Devices Regulations 2002 .
Respecting and involving service users
17
1
The registered person must, so far as reasonably practicable, make suitable arrangements to ensure —
a
the dignity, privacy and independence of service users; and
b
that service users are enabled to make, or participate in making, decisions relating to their care or treatment.
2
For the purposes of paragraph (1), the registered person must —
a
treat service users with consideration and respect;
b
provide service users with appropriate information and support in relation to their care or treatment;
c
encourage service users, or those acting on their behalf, to —
i
understand the care or treatment choices available to the service user, and discuss with an appropriate health care professional, or other appropriate person, the balance of risks and benefits involved in any particular course of care or treatment, and
ii
express their views as to what is important to them in relation to the care or treatment;
d
where necessary, assist service users, or those acting on their behalf, to express the views referred to in sub-paragraph (c)(ii) and, so far as appropriate and reasonably practicable, accommodate those views;
e
where appropriate, provide opportunities for service users to manage their own care or treatment;
f
where appropriate, involve service users in decisions relating to the way in which the regulated activity is carried on in so far as it relates to their care or treatment;
g
provide appropriate opportunities, encouragement and support to service users in relation to promoting their autonomy, independence and community involvement; and
h
take care to ensure that care and treatment is provided to service users with due regard to their age, sex, religious persuasion, sexual orientation, racial origin, cultural and linguistic background and any disability they may have.
Consent to care and treatment
18
The registered person must have suitable arrangements in place for obtaining, and acting in accordance with, the consent of service users in relation to the care and treatment provided for them.
Complaints
19
1
For the purposes of assessing, and preventing or reducing the impact of, unsafe or inappropriate care or treatment, the registered person must have an effective system in place (referred to in this regulation as “the complaints system”) for identifying, receiving, handling and responding appropriately to complaints and comments made by service users, or persons acting on their behalf, in relation to the carrying on of the regulated activity.
2
In particular, the registered person must —
a
bring the complaints system to the attention of service users and persons acting on their behalf in a suitable manner and format;
b
provide service users and those acting on their behalf with support to bring a complaint or make a comment, where such assistance is necessary;
c
ensure that any complaint made is fully investigated and, so far as reasonably practicable, resolved to the satisfaction of the service user, or the person acting on the service user’s behalf; and
d
take appropriate steps to coordinate a response to a complaint where that complaint relates to care or treatment provided to a service user in circumstances where the provision of such care or treatment has been shared with, or transferred to, others.
3
The registered person must send to the Commission, when requested to do so, a summary of the —
a
complaints made pursuant to paragraph (1); and
b
responses made by the registered person to such complaints.
Records
20
1
The registered person must ensure that service users are protected against the risks of unsafe or inappropriate care and treatment arising from a lack of proper information about them by means of the maintenance of —
a
an accurate record in respect of each service user which shall include appropriate information and documents in relation to the care and treatment provided to each service user; and
b
such other records as are appropriate in relation to —
i
persons employed for the purposes of carrying on the regulated activity, and
ii
the management of the regulated activity.
2
The registered person must ensure that the records referred to in paragraph (1) (which may be in paper or electronic form) are —
a
kept securely and can be located promptly when required;
b
retained for an appropriate period of time; and
c
securely destroyed when it is appropriate to do so.
Requirements relating to workers
21
The registered person must —
a
operate effective recruitment procedures in order to ensure that no person is employed for the purposes of carrying on a regulated activity unless that person —
i
is of good character,
ii
has the qualifications, skills and experience which are necessary for the work to be performed, and
iii
is physically and mentally fit for that work;
b
ensure that information specified in Schedule 3 is available in respect of a person employed for the purposes of carrying on a regulated activity, and such other information as is appropriate;
c
ensure that a person employed for the purposes of carrying on a regulated activity is registered with the relevant professional body where such registration is required by, or under, any enactment in relation to —
i
the work that the person is to perform, or
ii
the title that the person takes or uses; and
d
take appropriate steps in relation to a person who is no longer fit to work for the purposes of carrying on a regulated activity including —
i
where the person is a health care professional, informing the body responsible for regulation of the health care profession in question, or
ii
where the person is a social care worker registered with the General Social Care Council, informing the Council .
Staffing
22
In order to safeguard the health, safety and welfare of service users, the registered person must take appropriate steps to ensure that, at all times, there are sufficient numbers of suitably qualified, skilled and experienced persons employed for the purposes of carrying on the regulated activity.
Supporting workers
23
1
The registered person must have suitable arrangements in place in order to ensure that persons employed for the purposes of carrying on the regulated activity are appropriately supported in relation to their responsibilities, to enable them to deliver care and treatment to service users safely and to an appropriate standard, including by —
a
receiving appropriate training, professional development, supervision and appraisal; and
b
being enabled, from time to time, to obtain further qualifications appropriate to the work they perform.
2
Where the regulated activity carried on involves the provision of health care, the registered person must (as part of a system of clinical governance and audit) ensure that healthcare professionals employed for the purposes of carrying on the regulated activity are enabled to provide evidence to their relevant professional body demonstrating, where it is possible to do so, that they continue to meet the professional standards which are a condition of their ability to practise.
3
For the purposes of paragraph (2), “system of clinical governance and audit” means a framework through which the registered person endeavours continuously to —
a
evaluate and improve the quality of the services provided; and
b
safeguard high standards of care by creating an environment in which clinical excellence can flourish.
Cooperating with other providers
24
1
The registered person must make suitable arrangements to protect the health, welfare and safety of service users in circumstances where responsibility for the care and treatment of service users is shared with, or transferred to, others, by means of —
a
so far as reasonably practicable, working in cooperation with others to ensure that appropriate care planning takes place;
b
subject to paragraph (2), the sharing of appropriate information in relation to —
i
the admission, discharge and transfer of service users, and
ii
the co-ordination of emergency procedures; and
c
supporting service users, or persons acting on their behalf, to obtain appropriate health and social care support.
2
Nothing in this regulation shall require or permit any disclosure or use of information which is prohibited by or under any enactment, or by court order.
PART 5 COMPLIANCE AND OFFENCES
Compliance with regulations
25
Where there is more than one registered person in respect of a regulated activity, or in respect of that activity as carried on at or from particular premises, anything which is required under these Regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.
Guidance and Code
26
1
For the purposes of compliance with the requirements set out in these Regulations, the registered person must have regard to —
a
guidance issued by the Commission in relation to the requirements set out in Parts 3 and 4 (with the exception of regulation 12 in so far as it applies to health care associated infections); and
b
in relation to regulation 12, any Code of Practice issued by the Secretary of State in relation to the prevention or control of health care associated infections.
2
For the purposes of paragraph (1) —
a
“guidance” means the guidance referred to in section 23 of the Act; and
b
“Code of Practice” means the code of practice referred to in section 21 of the Act.
Offences
27
1
A failure to comply with any of the provisions of regulations 9 to 24 shall be an offence.
2
The Commission may not bring proceedings in respect of a failure by a registered person to comply with any of those provisions unless —
a
the alleged failure is one in respect of which the Commission has given a warning notice to the registered person under section 29 of the Act;
b
that warning notice specified a time within which the registered person must take action to secure compliance pursuant to section 29(2)(c)(ii) of the Act; and
c
the registered person did not secure compliance within the specified time.
3
A person guilty of an offence under paragraph (1) is liable, on summary conviction, to a fine not exceeding £50,000.
4
In any proceedings for an offence under this regulation, it is a defence for the registered person to prove that they took all reasonable steps or exercised all due diligence to ensure that the provision in question was complied with.
PART 6 PENALTY NOTICES
28
1
The offences under the provisions listed in the first column of Schedule 4 are prescribed as fixed penalty offences for the purposes of section 86 of the Act.
2
The monetary amount of the penalty for each fixed penalty offence is prescribed in the third column of Schedule 4.
3
The time by which the penalty specified in a penalty notice is to be paid is the end of the period of 28 days beginning with the date of receipt of the notice.
4
Subject to paragraph (5), the methods by which a penalty may be paid are by cash, cheque, credit or debit card, postal order or electronic transfer of funds to the Commission’s bank account.
5
A penalty may only be paid by credit or debit card from the date on which the Commission has in place arrangements to accept such payments.
6
Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of the period of 28 days beginning with the date of receipt of the notice.
7
Section 93 of the Act applies to a penalty notice as it applies to a notice required to be given under Part 1 of the Act.
8
Where a penalty notice is given by being sent by an electronic communication, in accordance with section 94 of the Act, the notice is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is sent.
9
A penalty notice must give such particulars of the circumstances alleged to constitute the offence as seem to the Commission to be reasonably required to provide the person to whom the notice is given with information about it.
10
A penalty notice must state —
a
the name and address of the person to whom the notice is given;
b
the amount of the penalty;
c
the period during which proceedings will not be taken for the offence;
d
that payment within that period will discharge any liability for the offence;
e
the consequences of the penalty not being paid before the expiration of the period for paying it;
f
the person to whom and the address at which the penalty may be paid and to which any correspondence about the penalty may be sent; and
g
the means by which payment of the penalty may be made.
11
The Commission may withdraw a penalty notice by giving written notice of the withdrawal to the person to whom the notice was given if —
a
the Commission determines that it ought not to have been given or it ought not to have been given to the person to whom it was addressed; or
b
it appears to the Commission that the notice contains material errors.
12
A penalty notice may be withdrawn in accordance with paragraph (11) whether or not the period for payment referred to in paragraph (3) has expired, and whether or not the penalty has been paid.
13
Where a penalty notice has been withdrawn in accordance with paragraph (11), the Commission must —
a
repay any amount paid by way of penalty in pursuance of that notice to the person who paid it, within 14 days beginning with the day on which written notice of the withdrawal was given; and
b
remove from publication any information about the payment of the penalty which has been published in accordance with regulations made under section 89 of the Act, within 7 days beginning with the day on which written notice of the withdrawal was given.
14
Except as provided in paragraph (15), no proceedings may be instituted or continued against the person to whom a penalty notice was given for the offence to which the penalty notice relates where that notice has been withdrawn in accordance with paragraph (11).
15
Where a penalty notice has been withdrawn pursuant to paragraph (11)(b), proceedings may be instituted or continued for the offence in connection with which that penalty notice was issued if a further penalty notice in respect of the offence has been given and the penalty has not been paid before the expiration of the period for payment referred to in paragraph (3).
16
In this regulation —
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“working day” means any day other than —
a Saturday or Sunday;
Christmas Day or Good Friday; or
a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 ;
“debit card” means a card the use of which by its holder to make a payment results in a current account of the holder at a bank, or at any other institution providing banking services, being debited with the payment;
“credit card” means a card which is a credit-token within the meaning of section 14 of the Consumer Credit Act 1974 .
PART 7 REVOCATION
Revocation
29
The Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Health.
Mike O’Brien
Minister of State,
Department of Health
15th March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2010 and come into force on 16th August 2010.
2
These Regulations apply to England only.
Amendment of the Home Energy Efficiency Scheme (England) Regulations 2005
2
1
The Home Energy Efficiency Scheme (England) Regulations 2005 are amended as follows.
2
In regulation 3, after paragraph (3) insert —
4
For each financial year, the Secretary of State must allocate to an administering agency the sums which are to be available to that agency for the purpose of making grants in accordance with these Regulations in that year.
.
3
In regulation 9, for paragraph (4) substitute —
4
A works application must be refused where the sums allocated by the Secretary of State to the administering agency for the financial year in which the application falls to be determined have, in the opinion of the Secretary of State, been provisionally allocated in respect of work applications which have already been approved in accordance with these Regulations.
.
Gregory Barker
Minister of State
Department of Energy and Climate Change
19th July 2010
We consent,
Michael Fabricant
Brooks Newmark
Two of the Lords Commissioners of
Her Majesty’s Treasury
19th July 2010


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) (Amendment) Regulations 2010 and shall come into force on 29th October 2010.
2
In these Regulations, “the principal Regulations ” means the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009 .
3
These Regulations apply in relation to England.
Amendment of regulation 9 of the principal Regulations
2
In regulation 9 of the principal Regulations (amount and payment of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act) —
a
in paragraph (2), at the beginning insert “Subject to paragraph (6),”;
b
after paragraph (5), insert–
6
For the purpose of making a direct payment under section 57(1) of the 2001 Act in respect of the prescribed person securing the provision of residential accommodation, the responsible authority may make the determination referred to in paragraph (2) irrespective of the prescribed person’s means.
.
Amendment of regulation 10 of the principal Regulations
3
In regulation 10 of the principal Regulations (amount and payment of direct payments under section 57(1A) of the 2001 Act) —
a
in paragraph (2), at the beginning insert “Subject to paragraph (4),”;
b
after paragraph (3), insert–
4
For the purpose of making the payment referred to in paragraph (1) in respect of the prescribed person securing the provision of residential accommodation, the responsible authority, in making the determination referred to in paragraph (2), may do so irrespective of P’s means.
.
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
9th September 2010