text:
PART 1 Introduction
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010 and shall come into force on 12th April 2010.
2
These Regulations extend to Jersey.
Interpretation
2
In these Regulations —
“ the Act ” means the Police Act 1997;
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
“Jersey” means the Bailiwick of Jersey and its adjacent territorial sea;
“register” means the register maintained by the Secretary of State for the purposes of Part 5 of the Act;
“reprimand” means a reprimand given to a child or young person in accordance with section 65 of the Crime and Disorder Act 1998 ;
“volunteer” means a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative;
“warning” means a warning given to a child or young person in accordance with section 65 of the Crime and Disorder Act 1998.
PART 2 Applications for criminal record and enhanced criminal record certificates
Fees for criminal record certificates and enhanced criminal record certificates
3
The fee payable in relation to an application for the issue of a criminal record certificate or an enhanced criminal record certificate is prescribed as —
a
£26 in the case of a criminal record certificate;
b
£36 in the case of an enhanced criminal record certificate, and an additional £6 where an urgent preliminary response is sought under section 113E(3)(b);
save that no fee is payable in relation to an application made by a volunteer.
Relevant matter: prescribed details
4
The following details of a relevant matter are prescribed for the purposes of sections 113A(3)(a) and 113B(3)(a) of the Act (including those provisions as applied by sections 114(3) and 116(3)) —
a
in the case of a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction —
i
the date of conviction;
ii
the convicting court; and
iii
the offence;
b
in the case of a caution, reprimand or warning —
i
the date of caution, reprimand or warning;
ii
the place where the caution, reprimand or warning was issued; and
iii
the offence which the person issued with a caution, reprimand or warning had admitted.
Enhanced criminal record certificates: prescribed purposes
5
Purposes which correspond to purposes which are prescribed in regulation 5A of the Police Act (1997) (Criminal Records) Regulations 2002 are prescribed purposes for the purpose of section 113B(2)(b) of the Act.
Suitability information relating to children
6
Cases which correspond to cases which are prescribed in regulation 5 of the Police Act 1997 (Criminal Records) ( No. 2) Regulations 2009 are prescribed cases for the purpose of section 113BA(1) of the Act.
Suitability information relating to vulnerable adults
7
Cases which correspond to cases which are prescribed in regulation 6 of the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 are prescribed cases for the purpose of section 113BB(1) of the Act.
Central records: prescribed details
8
Information in any form relating to convictions, cautions, reprimands and warnings on a names database held by the National Policing Improvement Agency for the use of constables is prescribed as “central records” for the purposes of section 113A(6) of the Act (including that provision as applied by sections 113B(9), 114(3) and 116(3)).
Enhanced criminal record certificates: relevant police forces
9
For the purposes of an application for an enhanced criminal record certificate “relevant police force” means —
a
the police force maintained for the police area in England and Wales or Scotland within which the applicant resides or has resided within the period of five years preceding the date of the application;
b
the British Transport Police;
c
the Police Service of Northern Ireland if the applicant resides or has resided within the period of five years preceding the date of the application within Northern Ireland;
d
the State of Jersey Police Force if the applicant resides or has resided within the period of five years preceding the application within Jersey;
e
the salaried police force of the Island of Guernsey if the applicant resides or has resided within the period of five years preceding the application within Guernsey;
f
the Isle of Man Constabulary if the applicant resides or has resided within the period of five years preceding the application within the Isle of Man;
g
such of the police forces referred to in sub-paragraphs (a) to (f) above as appear to the Secretary of State to be in possession of information regarding the applicant;
h
such other police force as the chief officer of police of a police force identified as a relevant police force by virtue of paragraphs (a) to (f) above determines;
i
the Criminal Records Bureau if —
i
there is no UK residence address within the last five years provided on the application; and
ii
no other police force appears to the Secretary of State to be relevant to the application;
j
any police force that the Secretary of State determines to be relevant to the application.
Exception to unlawful disclosure provisions
10
1
The following purpose is specified in accordance with section 124(6)(f) of the Act, namely disclosure by an employment agency or employment business, whether or not in response to an exempted question, for the purpose of consideration —
a
by an educational institution, within the meaning given by section 42 of the Criminal Justice and Court Services Act 2000 ;
b
by an institution within the further education sector, within the meaning given by section 91(3) of the Further and Higher Education Act 1992 ; or
c
by an equivalent institution in Jersey;
of a person’s suitability for a position at that institution.
2
In paragraph (1) above the reference to an employment agency and an employment business are references to such an agency or business within the meanings given by section 13 of the Employment Agencies Act 1973 or an equivalent agency or business in Jersey.
PART 3 Registration
The register
11
There shall be included in the register maintained in accordance with section 120(1) of the Act the following information:
a
the name and address of the registered person and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State by the registered person for communication purposes;
b
the date on which the name of that person was first listed in the register;
c
the number assigned to that person on being listed;
d
the nature of the exempted question, if any, that that person is likely to ask;
e
in the case of the registered body —
i
whether that body is likely to countersign applications under section 113A or 113B or transmit applications under section 113A(2A) or 113B(2A) of the Act at the request of bodies or individual asking exempted questions and, if so, the nature of those questions;
ii
the name and address of any individual for the time being nominated in accordance with regulation 12 below as being authorised to act for the body in relation to the countersigning or transmission of applications under Part 5 of the Act and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State for communication purposes;
iii
the date on which the name of that individual was first listed on the register;
iv
the number assigned to that individual on being listed; and
v
a specimen of the signature of that individual.
Nomination of authorised individuals
12
1
The body applying for registration under section 120 of the Act shall submit with the application the names of the individuals authorised to act for the body in relation to the countersigning or the transmission of applications under Part 5 of the Act.
2
The registered body shall submit to the Secretary of State the names of any individuals so authorised after the registration of the body, whether or not in substitution for any name previously submitted.
3
The Secretary of State may refuse to accept, or continue to accept, the nomination of an individual as so authorised if, in the opinion of the Secretary of State, that individual is not a suitable person to have access to information which has become, or is likely to become, available to him as a result of the registration of the body which nominated him.
4
Where the Secretary of State refuses to accept, or to continue to accept, the nomination of an individual under this regulation, he shall notify the body concerned, and that body may submit the name of another individual in substitution.
Fee on application for inclusion in the register
13
The fee payable by a person on application for inclusion in the register shall be £300.
Additional fees
14
In respect of the second and each subsequent name entered in the register in accordance with regulation 11(e)(ii) above, the fee payable shall be £5.
Conditions attached to registration
15
The person’s registration shall be subject to the following conditions:
a
payment of the fee referred to in regulation 13 above;
b
the fee payable under regulation 14 above in respect of the second and each subsequent name entered in the register shall be invoiced by the Secretary of State to the person and payable on account within 15 days of the invoice date;
c
the fee payable in relation to an application under section 113A or 113B of the Act which is accompanied by a statement under section 113A(2)(b) or 113B(2)(b) of the Act shall be invoiced by the Secretary of State and payable on account within 15 days of the invoice date;
d
where the registered person has made a statement under section 113A(2)(b) or 113B(2)(b) of the Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, any charge levied in connection with the services it provides under Part 5 of the Act shall be —
i
notified in writing to the Secretary of State who may publish details of any such charge in such manner as he thinks fit; and
ii
set out in any documentation the registered person publishes which relates to the services it provides under Part 5 of the Act;
e
prior to submitting an application for a criminal record certificate or an enhanced criminal record certificate to the Secretary of State, the registered person shall use all reasonable endeavours to ensure that —
i
an application form is completed to the Secretary of State’s satisfaction and that the data supplied are accurate;
ii
the certificate is requested for an exempted question or prescribed purpose as the case may be; and
iii
if the application for a criminal record certificate or an enhanced criminal record certificate is made by a volunteer, the application falls within the definition of a volunteer in these Regulations;
f
prior to making a statement under section 113A(2)(b) or 113B(2)(b) of the Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, a registered person or his authorised agent shall verify the identity of the applicant and in so doing comply with such conditions as the Secretary of State thinks fit and has notified to the registered person in writing;
g
where the registered person uses the services of another person to verify the identity of applicants, the registered person shall —
i
ensure the suitability of that person to conduct such checks;
ii
provide appropriate training and guidance to that person; and
iii
ensure that that person discharges his duties in accordance with such conditions as the Secretary of State thinks fit under sub-paragraph (f) above;
h
any change of the details in the information recorded on the register shall be notified to the Secretary of State.
Meg Hillier
Parliamentary Under-Secretary of State
Home Office
29th March 2010


type: legislation

jurisdiction: UK

text:
Citation, application, extent and interpretation
1
1
This Order may be cited as the Health Act 2009 (Commencement No.3) Order 2010.
2
a
Except as provided in this paragraph, this Order applies to England.
b
Article 2(1)(d) has the same extent as the enactments repealed under the specified provisions of Schedule 6 to the Act .
3
In this Order —
“the Act” means the Health Act 2009;
“bulk tobacconist” means a shop selling tobacco products (whether or not it also sells other products) whose sales of cigarettes or hand-rolling tobacco, measured in accordance with paragraph (4), meet the following conditions —
at least 90% of its cigarette sales are in pre-packed quantities of 200 or more cigarettes in their original package, and the remainder in pre-packed quantities of 100 or more cigarettes in their original package; and
at least 90% of its hand-rolling tobacco sales are in pre-packed quantities with a weight of 250 grams or more in their original package, and the remainder in pre-packed quantities with a weight of 125 grams or more in their original package;
“large shop” means a shop which has a relevant floor area exceeding 280 square metres;
“original package” means the package in which the cigarettes or hand-rolling tobacco were supplied for the purpose of retail sale by the manufacturer or importer;
“package” means any box, carton or other container;
“relevant floor area”, in relation to a shop, means the internal floor area of so much of the shop as consists of or is comprised in a building but excluding any part of the shop which is used neither for the serving of customers in connection with the sale of goods nor for the display of goods; and
“specialist tobacconist” has the meaning given in section 6 of the Tobacco Advertising and Promotion Act 2002 .
4
The sales referred to in the definition of “bulk tobacconist” are to be measured by sale price —
a
during the most recent period of twelve months for which accounts are available; or
b
during the period for which the shop has been established, if it has not been established long enough for twelve months’ accounts to be available.
Appointed days
2
1
1st October 2011 is the day appointed for the coming into force of the following provisions of the Act —
a
section 21 (prohibition of tobacco displays etc ) to the extent that it is not already in force —
i
in so far as it inserts section 7C of the Tobacco Advertising and Promotion Act 2002 (displays: prices of tobacco products), for the purpose of large shops; and
ii
in so far as it inserts sections 7A and 7B of the Tobacco Advertising and Promotion Act 2002 (prohibition of tobacco displays and tobacco displays: exclusions and defence) for the purpose of large shops other than bulk tobacconists and specialist tobacconists;
b
section 22 (power to prohibit sales from vending machines) to the extent that it is not already in force;
c
the following paragraphs of Schedule 4, and section 24 so far as it relates to those paragraphs —
i
paragraph 6(2) and paragraph 6(1) in so far as it relates to this sub-paragraph;
ii
paragraph 7(5) and 7(6);
iii
paragraph 10;
iv
paragraphs 11 and 12 to the extent they are not already in force; and
v
paragraph 2 in so far as it relates to the paragraphs listed in (i) to (iv).
d
Schedule 6 (repeals and revocations) in so far as it gives effect to the repeals relating to the Children and Young Persons Act 1933 and to section 14(12) of the Tobacco Advertising and Promotion Act 2002 , and section 38 in so far as it gives effect to those provisions.
2
1st October 2013 is the day appointed for the coming into force of the following provisions of the Act —
a
section 20 (prohibition of advertising: exclusion for specialist tobacconists) to the extent that it is not already in force;
b
section 21 (prohibition of tobacco displays etc) in so far as it inserts sections 7A, 7B and 7C of the Tobacco Advertising and Promotion Act 2002, to the extent that it is not already in force;
c
the following paragraphs of Schedule 4, and section 24 so far as it relates to those paragraphs —
i
paragraph 2 to the extent that it is not already in force;
ii
paragraph 3; and
iii
paragraph 4(2) and (5) and paragraph 4(1) so far as it relates to those sub-paragraphs.
Signed by the authority of the Secretary of State for Health.
Gillian Merron
Minister of State,
Department of Health
29th March 2010


text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Building Regulations 2010 and shall come into force on 1st October 2010.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Building Act 1984;
“amendment notice” means a notice given under section 51A of the Act ;
“building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;
“building notice” means a notice given in accordance with regulations 12(2)(a) and 13;
“building work” has the meaning given in regulation 3(1);
“change to a building’s energy status” means any change which results in a building becoming a building to which the energy efficiency requirements of these Regulations apply, where previously it was not;
“controlled service or fitting” means a service or fitting in relation to which Part G, H, J, L or P of Schedule 1 imposes a requirement;
“day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;
“dwelling” includes a dwelling-house and a flat;
“dwelling-house” does not include a flat or a building containing a flat;
“electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer’s side of the electricity supply meter;
“energy efficiency requirements” means the requirements of regulations 23, 26, 28 and 29 and Part L of Schedule 1;
“extra-low voltage” means voltage not exceeding —
in relation to alternating current, 50 volts between conductors and earth; or
in relation to direct current, 120 volts between conductors;
“final certificate” means a certificate given under section 51 of the Act ;
“fixed building services” means any part of, or any controls associated with —
fixed internal or external lighting systems, but does not include emergency escape lighting or specialist process lighting; or
fixed systems for heating, hot water, air conditioning or mechanical ventilation;
“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;
“floor area” means the aggregate area of every floor in a building or extension, calculated by reference to the finished internal faces of the walls enclosing the area, or if at any point there is no such wall, by reference to the outermost edge of the floor;
“full plans” means plans deposited with a local authority for the purposes of section 16 of the Act in accordance with regulations 12(2)(b) and 14;
“height” means the height of the building measured from the mean level of the ground adjoining the outside of the external walls of the building to the level of half the vertical height of the roof of the building, or to the top of the walls or of the parapet, if any, whichever is the higher;
“independent access” means, in relation to a part of a building (including any extension to that building), a route of access to that part which does not require the user to pass through any other part of the building;
“initial notice” means a notice given under section 47 of the Act ;
“institution” means an institution (whether described as a hospital, home, school or other similar establishment) which is used as living accommodation for, or for the treatment, care or maintenance of persons —
suffering from disabilities due to illness or old age or other physical or mental incapacity, or
under the age of five years,
where such persons sleep on the premises;
“low voltage” means voltage not exceeding —
in relation to alternating current, 1000 volts between conductors or 600 volts between conductors and earth; or
in relation to direct current, 1500 volts between conductors or 900 volts between conductors and earth;
“material alteration” has the meaning given in regulation 3(2);
“material change of use” has the meaning given in regulation 5;
“microgeneration” means the use for the generation of electricity or the production of heat or cooling of any plant (which for this purpose includes any equipment, apparatus or appliance) which, in generating electricity or (as the case may be) producing heat or cooling, relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006 ;
“public body’s final certificate” means a certificate given under paragraph 3 of Schedule 4 to the Act;
“public body’s notice” means a notice given under section 54 of the Act;
“renovation” in relation to a thermal element means the provision of a new layer in the thermal element or the replacement of an existing layer, but excludes decorative finishes, and “renovate” shall be construed accordingly;
“room for residential purposes” means a room, or a suite of rooms, which is not a dwelling-house or a flat and which is used by one or more persons to live and sleep and includes a room in a hostel, an hotel, a boarding house, a hall of residence or a residential home, but does not include a room in a hospital, or other similar establishment, used for patient accommodation;
“shop” includes premises —
used for the sale to members of the public of food or drink for consumption on or off the premises,
used for retail sales by auction to members of the public,
used by members of the public as a barber or hairdresser, or for the hiring of any item, and
where members of the public may take goods for repair or other treatment;
“softened wholesome water” means water which would be regarded as wholesome for the purposes of regulations made under section 67 of the Water Industry Act 1991 (standards of wholesomeness) as they apply for the purposes of Part G of Schedule 1 in accordance with paragraph (5) but for the presence of sodium in excess of the level specified in those regulations if it is caused by a water softener or water softening process which reduces the concentrations of calcium and magnesium.
2
In these Regulations “public building” means a building consisting of or containing —
a
a theatre, public library, hall or other place of public resort;
b
a school or other educational establishment not exempted from the operation of building regulations by virtue of section 4(1)(a) of the Act ; or
c
a place of public worship;
but a building is not to be treated as a place of public resort because it is, or it contains, a shop, storehouse or warehouse, or is a dwelling to which members of the public are occasionally admitted.
3
In these Regulations “thermal element” means a wall, floor or roof (but does not include windows, doors, roof windows or roof-lights) which separates a thermally conditioned part of the building (“the conditioned space”) from —
a
the external environment (including the ground); or
b
in the case of floors and walls, another part of the building which is —
i
unconditioned;
ii
an extension falling within class 7 of Schedule 2; or
iii
where this paragraph applies, conditioned to a different temperature,
and includes all parts of the element between the surface bounding the conditioned space and the external environment or other part of the building as the case may be.
4
Paragraph (3)(b)(iii) only applies to a building which is not a dwelling, where the other part of the building is used for a purpose which is not similar or identical to the purpose for which the conditioned space is used.
5
Section 67 of the Water Industry Act 1991 and such regulations as have been made under that section apply for the purposes of Part G of Schedule 1 as they apply for the purposes of Chapter 3 of Part 3 of that Act.
PART 2 Control of Building Work
Meaning of building work
3
1
In these Regulations “building work” means —
a
the erection or extension of a building;
b
the provision or extension of a controlled service or fitting in or in connection with a building;
c
the material alteration of a building, or a controlled service or fitting, as mentioned in paragraph (2);
d
work required by regulation 6 (requirements relating to material change of use);
e
the insertion of insulating material into the cavity wall of a building;
f
work involving the underpinning of a building;
g
work required by regulation 22 (requirements relating to a change of energy status);
h
work required by regulation 23 (requirements relating to thermal elements);
i
work required by regulation 28 (consequential improvements to energy performance).
2
An alteration is material for the purposes of these Regulations if the work, or any part of it, would at any stage result —
a
in a building or controlled service or fitting not complying with a relevant requirement where previously it did; or
b
in a building or controlled service or fitting which before the work commenced did not comply with a relevant requirement, being more unsatisfactory in relation to such a requirement.
3
In paragraph (2) “relevant requirement” means any of the following applicable requirements of Schedule 1, namely —
Part A (structure)
paragraph B1 (means of warning and escape)
paragraph B3 (internal fire spread — structure)
paragraph B4 (external fire spread)
paragraph B5 (access and facilities for the fire service)
Part M (access to and use of buildings).
Requirements relating to building work
4
1
Subject to paragraph (2) building work shall be carried out so that —
a
it complies with the applicable requirements contained in Schedule 1; and
b
in complying with any such requirement there is no failure to comply with any other such requirement.
2
Where —
a
building work is of a kind described in regulation 3(1)(g), (h) or (i); and
b
the carrying out of that work does not constitute a material alteration,
that work need only comply with the applicable requirements of Part L of Schedule 1.
3
Building work shall be carried out so that, after it has been completed —
a
any building which is extended or to which a material alteration is made; or
b
any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered; or
c
any controlled service or fitting,
complies with the applicable requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.
Meaning of material change of use
5
For the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for the purposes of these Regulations, there is a material change of use where there is a change in the purposes for which or the circumstances in which a building is used, so that after that change —
a
the building is used as a dwelling, where previously it was not;
b
the building contains a flat, where previously it did not;
c
the building is used as an hotel or a boarding house, where previously it was not;
d
the building is used as an institution, where previously it was not;
e
the building is used as a public building, where previously it was not;
f
the building is not a building described in classes 1 to 6 in Schedule 2, where previously it was;
g
the building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously;
h
the building contains a room for residential purposes, where previously it did not;
i
the building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously; or
j
the building is used as a shop, where previously it was not.
Requirements relating to material change of use
6
1
Where there is a material change of use of the whole of a building, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of the following paragraphs of Schedule 1 —
a
in all cases, B1 (means of warning and escape)
B2 (internal fire spread — linings)
B3 (internal fire spread — structure)
B4(2) (external fire spread — roofs)
B5 (access and facilities for the fire service)
C2(c) (interstitial and surface condensation)
F1 (ventilation)
G1 (cold water supply)
G3(1) to (3) (hot water supply and systems)
G4 (sanitary conveniences and washing facilities)
G5 (bathrooms)
G6 (kitchens and food preparation areas)
G2 (bathrooms)
H1 (foul water drainage)
H6 (solid waste storage)
J1 to J4 (combustion appliances)
L1 (conservation of fuel and power)
P1 (electrical safety);
b
in the case of a material change of use described in regulation 5(c), (d), (e) or (f), A1 to A3 (structure);
c
in the case of a building exceeding fifteen metres in height, B4(1) (external fire spread — walls);
d
in the case of a material change of use described in regulation 5(a), (b), (c), (d), (g), (h), (i) or, where the material change provides new residential accommodation, (f), C1(2) (resistance to contaminants);
e
in the case of a material change of use described in regulation 5(a), C2 (resistance to moisture);
f
in the case of a material change of use described in regulation 5(a), (b), (c), (g), (h) or (i), E1 to E3 (resistance to the passage of sound);
g
in the case of a material change of use described in regulation 5(e), where the public building consists of or contains a school, E4 (acoustic conditions in schools);
h
in the case of a material change of use described in regulation 5(a) or (b), G2 (water efficiency) and G3(4) (hot water supply and systems: hot water supply to fixed baths);
i
in the case of a material change of use described in regulation 5(c), (d), (e) or (j), M1 (access and use).
2
Where there is a material change of use of part only of a building, such work, if any, shall be carried out as is necessary to ensure that —
a
that part complies in all cases with any applicable requirements referred to in paragraph (1)(a);
b
in a case in which sub-paragraphs (b), (e), (f), (g) or (h) of paragraph (1) apply, that part complies with the requirements referred to in the relevant sub-paragraph;
c
in a case to which sub-paragraph (c) of paragraph (1) applies, the whole building complies with the requirement referred to in that sub-paragraph; and
d
in a case to which sub-paragraph (i) of paragraph (1) applies —
i
that part and any sanitary conveniences provided in or in connection with that part comply with the requirements referred to in that sub-paragraph; and
ii
the building complies with requirement M1(a) of Schedule 1 to the extent that reasonable provision is made to provide either suitable independent access to that part or suitable access through the building to that part.
Materials and workmanship
7
Building work shall be carried out —
a
with adequate and proper materials which —
i
are appropriate for the circumstances in which they are used,
ii
are adequately mixed or prepared, and
iii
are applied, used or fixed so as adequately to perform the functions for which they are designed; and
b
in a workmanlike manner.
Limitation on requirements
8
Parts A to D, F to K, N and P (except for paragraphs G2, H2 and J7) of Schedule 1 shall not require anything to be done except for the purpose of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings, or matters connected with buildings).
Exempt buildings and work
9
1
Subject to paragraphs (2) and (3) and regulation 21(1), these Regulations do not apply to —
a
the erection of any building or extension of a kind described in Schedule 2; or
b
the carrying out of any work to or in connection with such a building or extension, if after the carrying out of that work it is still a building or extension of a kind described in that Schedule.
2
The requirements of paragraphs G1 and G3(2) and (3) of Schedule 1 apply —
a
to any greenhouse which receives a cold or hot water supply from a source shared with or located inside a dwelling; and
b
to —
i
any small detached building falling within class 6 in Schedule 2; and
ii
any extension of a building falling within class 7 in Schedule 2,
which in either case receives a cold or hot water supply from a source shared with or located inside any building other than a building or extension of a kind described in Schedule 2.
3
The requirements of Part P of Schedule 1 apply to —
a
any greenhouse;
b
any small detached building falling within class 6 in Schedule 2; and
c
any extension of a building falling within class 7 in Schedule 2,
which in any case receives its electricity from a source shared with or located inside a dwelling.
Exemption of the Metropolitan Police Authority from procedural requirements
10
1
The Metropolitan Police Authority is hereby prescribed for the purposes of section 5 of the Act (exemption of public bodies from the procedural requirements and enforcement of building regulations).
2
The Metropolitan Police Authority is exempt from compliance with these Regulations, other than regulation 29, in so far as the requirements in these Regulations are not substantive requirements.
Power to dispense with or relax requirements
11
1
Subject to paragraph (3), the power under section 8(1) of the Act to dispense with or relax any requirement contained in these Regulations shall be exercisable by the local authority.
2
Any notification by the local authority to an applicant that they have refused the applicant’s application to dispense with or relax any requirement of these Regulations shall inform the applicant of the effect of section 39(1) and (3) of the Act (appeal against refusal etc. to relax building regulations).
3
Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to —
a
regulation 26 or 29; or
b
in the case of existing buildings with a total useful floor area over 1,000m 2 , the energy efficiency requirements of these Regulations.
PART 3 Notices, Plans and Certificates
Giving of a building notice or deposit of plans
12
1
This regulation applies to a person who intends to —
a
carry out building work;
b
replace or renovate a thermal element in a building to which the energy efficiency requirements apply;
c
make a change to a building’s energy status; or
d
make a material change of use.
2
Subject to the following provisions of this regulation, a person to whom this regulation applies shall —
a
give to the local authority a building notice in accordance with regulation 13; or
b
deposit full plans with the local authority in accordance with regulation 14.
3
A person intending to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work, shall deposit full plans.
4
A person intending to carry out building work which includes the erection of a building fronting onto a private street shall deposit full plans.
5
A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall deposit full plans.
6
A person intending to carry out building work is not required to give a building notice or deposit full plans where the work consists only of work —
a
described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table; or
b
described in Schedule 4.
7
Where regulation 19 of the Building (Approved Inspectors etc ) Regulations 2010 (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.
8
Where —
a
a person proposes to carry out building work which consists of emergency repairs;
b
it is not practicable to comply with paragraph (2) before commencing the work; and
c
paragraph (6) does not apply,
the person shall give a building notice to the local authority as soon as reasonably practicable after commencement of the work.
9
In this regulation —
“fronting” has the meaning given in section 203(3) of the Highways Act 1980 ; and
“private street” has the meaning given in section 203(2) of the Highways Act 1980 .
Particulars and plans where a building notice is given
13
1
A building notice shall state the name and address of the person intending to carry out the work and shall be signed by that person or on that person’s behalf, and shall contain or be accompanied by —
a
a statement that it is given for the purpose of regulation 12(2)(a);
b
a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use; and
c
particulars of the location of the building to which the proposal relates and the use or intended use of that building.
2
In the case of the erection or extension of a building, a building notice shall be accompanied by —
a
a plan to a scale of not less than 1:1250 showing —
i
the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;
ii
the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;
iii
the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;
b
a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates; and
c
particulars of —
i
the provision to be made for the drainage of the building or extension; and
ii
the steps to be taken to comply with any local enactment which applies.
3
Where a building notice has been given, a person carrying out building work, renovation or replacement of a thermal element, change to the building’s energy status or making a material change of use shall give the local authority, within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing.
4
Neither a building notice nor plans which accompany it or are given under paragraph (3) are to be treated for the purposes of section 16 of the Act as having been deposited in accordance with building regulations.
5
A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority, unless before the expiry of that period —
a
the building work to which the notice related was commenced; or
b
the change to the building’s energy status or the material change of use described in the notice was made.
Full plans
14
1
Full plans shall be accompanied by a statement that they are deposited for the purpose of regulation 12(2)(b).
2
a
Full plans shall be deposited in duplicate, of which the local authority may retain one copy; and
b
where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, an additional two copies of any such plans as demonstrate compliance with that requirement shall be deposited, both of which may be retained by the local authority.
3
Full plans shall consist of —
a
a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use, and the plans, particulars and statements required by paragraphs (1) and (2) of regulation 13;
b
where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph; and
c
any other plans which are necessary to show that the work would comply with these Regulations.
4
Full plans shall be accompanied by a statement as to whether the building is a building in relation to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.
5
Full plans may be accompanied by a request from the person carrying out building work that on completion of the work the local authority should issue a completion certificate in accordance with regulation 17.
6
Paragraph (2)(b) shall not require the deposit of additional copies of plans where the proposed building work relates to the erection, extension or material alteration of a dwelling-house or flat.
Consultation with sewerage undertaker
15
1
This regulation applies where full plans have been deposited with the local authority and paragraph H4 of Schedule 1 imposes requirements in relation to the building work which is the subject of those plans.
2
Where this regulation applies the local authority shall consult the sewerage undertaker —
a
as soon as practicable after the plans have been deposited; and
b
before issuing any completion certificate in relation to the building work in accordance with regulation 17 pursuant to a request under regulation 14(5).
3
Where a local authority are required by paragraph (2) to consult the sewerage undertaker they shall —
a
give to the sewerage undertaker, in a case where the authority are consulting them following the deposit of full plans, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1;
b
have regard to any views expressed by the sewerage undertaker; and
c
not pass plans or issue a completion certificate until 15 days have elapsed from the date on which they consulted the sewerage undertaker, unless the sewerage undertaker has expressed its views to them before the expiry of that period.
Notice of commencement and completion of certain stages of work
16
1
Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not commence that work unless —
a
that person has given the local authority notice of intention to commence work; and
b
at least two days have elapsed since the end of the day on which the notice was given.
2
Subject to paragraph (8), a person carrying out building work shall not —
a
cover up any excavation for a foundation, any foundation, any damp-proof course or any concrete or other material laid over a site; or
b
cover up in any way any drain or sewer to which these Regulations apply, unless that person has given the local authority notice of intention to commence that work, and at least one day has elapsed since the end of the day on which the notice was given.
3
Subject to paragraph (8), a person who has laid, haunched or covered any drain or sewer in respect of which Part H of Schedule 1 (drainage and waste disposal) imposes a requirement shall give notice to that effect to the local authority not more than five days after the completion of the work.
4
Subject to paragraph (8), a person carrying out building work shall, not more than five days after that work has been completed, give the local authority notice to that effect.
5
Where a building is being erected, and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the local authority at least five days notice before the building or any part of it is occupied.
6
A person who fails to comply with paragraphs (1) to (3) shall comply within a reasonable time with any notice given by the local authority requiring that person to cut into, lay open or pull down so much of the work as prevents them from ascertaining whether these Regulations have been complied with.
7
If the local authority have given notice specifying the manner in which any work contravenes the requirements in these Regulations, a person who has carried out any further work to secure compliance with these Regulations shall within a reasonable time after the completion of such further work give notice to the local authority of its completion.
8
Paragraphs (1) to (4) apply only to a person who is required by regulation 12 to give a building notice or deposit full plans.
9
Paragraph (1) does not apply where regulation 12(8) applies.
Completion certificates
17
1
A local authority shall give a completion certificate in accordance with this regulation and as provided for in paragraph (2) where —
a
they receive a notice under regulation 16(4) or (5) that building work has been completed, or, that a building has been partly occupied before completion; and
b
they have either —
i
been notified, in accordance with regulation 14(4), that the building is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the work; or
ii
been requested, in accordance with regulation 14(5), to give a completion certificate.
2
Where in relation to any building work or, as the case may be, to any part of a building which has been occupied before completion, a local authority have been able to ascertain, after taking all reasonable steps, that the relevant requirements specified in the certificate have been satisfied, they shall give a certificate to that effect.
3
In this regulation “relevant requirements” mean —
a
in a case mentioned in paragraph (1)(b)(i), the applicable requirements of regulation 38 and Part B of Schedule 1 (fire safety); and
b
in a case mentioned in paragraph (1)(b)(ii), any applicable requirements of regulations 26 (target CO 2 emission rates for new buildings), 29 (energy performance certificates), 36 (water efficiency of new dwellings) and Schedule 1.
4
A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.
Unauthorised building work
18
1
This regulation applies where it appears to a local authority that unauthorised building work has been carried out on or after 11th November 1985.
2
Where this regulation applies, the owner (in this regulation referred to as “the applicant”) may apply in writing to the local authority for a regularisation certificate in accordance with this regulation, and shall send with the application —
a
a statement that the application is made in accordance with this regulation,
b
a description of the unauthorised work,
c
so far as is reasonably practicable, a plan of the unauthorised work, and
d
so far as is reasonably practicable, a plan showing any additional work required to be carried out to secure that the unauthorised work complies with the requirements relating to building work in the building regulations which were applicable to that work when it was carried out (in this regulation referred to as “the relevant requirements”).
3
Where a local authority receive an application in accordance with this regulation, they may require the applicant to take such reasonable steps, including laying open the unauthorised work for inspection by the authority, making tests and taking samples, as the authority think appropriate to ascertain what work, if any, is required to secure that the relevant requirements are met.
4
When the applicant has taken any such steps required by the local authority as are described in paragraph (3), and having had regard to any direction given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act dispensing with or relaxing a requirement in building regulations which applies to the unauthorised work, the local authority shall notify the applicant —
a
of the work which in their opinion is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or
b
that they cannot determine what work is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or
c
that no work is required to secure compliance with the relevant requirements or those requirements as dispensed with or relaxed.
5
Where the local authority have been able to satisfy themselves, after taking all reasonable steps for that purpose that —
a
the relevant requirements have been satisfied (taking account of any work carried out and any dispensation or relaxation given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act), or
b
no work is required to secure that the unauthorised work satisfies the relevant requirements (taking account of any such dispensation or relaxation),
they may give a certificate to that effect (in this regulation referred to as “a regularisation certificate”).
6
A regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.
7
Where this regulation applies, regulations 12 and 14 shall not apply, and neither the supply of plans nor the taking of any other action in accordance with this regulation is to be treated for the purposes of section 16 of the Act as the deposit of plans in accordance with building regulations.
8
In this regulation, “unauthorised building work” means building work other than work in relation to which an initial notice, an amendment notice or a public body’s notice has effect, which is done without —
a
a building notice being given to the local authority;
b
full plans of the work being deposited with the local authority; or
c
a notice of commencement of work being given, in accordance with regulation 16(1), where a building notice has been given or full plans have been deposited.
PART 4 Supervision of Building Work Otherwise than by Local Authorities
Supervision of building work otherwise than by local authorities
19
1
Regulations 12 (giving of a building notice or deposit of plans), 16 (notice of commencement and completion of certain stages of work), 17 (completion certificates), 20 (provisions applicable to self-certification schemes), 27 (CO 2 emission rate calculations), 29 (energy performance certificates), 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning), 45 (testing of building work) and 46 (sampling of material) shall not apply in respect of any work specified in an initial notice, an amendment notice or a public body’s notice, which is in force.
2
Regulations 45 and 46 shall not apply in respect of any work in relation to which a final certificate or a public body’s final certificate has been accepted by the local authority.
PART 5 Self-certification Schemes
Provisions applicable to self-certification schemes
20
1
This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3 and the work is carried out by a person who is described in the corresponding entry in column 2 of that Table in respect of that type of work.
2
Where this regulation applies, the local authority are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been satisfied, a certificate to that effect by the person carrying out the work.
3
Where this regulation applies, the person carrying out the work shall, not more than 30 days after the completion of the work —
a
give to the occupier a copy of the certificate referred to in paragraph (2); and
b
give to the local authority —
i
notice to that effect, or
ii
the certificate referred to in paragraph (2).
4
Paragraph (3) of this regulation does not apply where a person carries out any building work described in Schedule 4.
PART 6 Energy Efficiency Requirements
Application of energy efficiency requirements
21
1
The energy efficiency requirements apply to —
a
the erection of any building of a kind falling within this paragraph;
b
the extension of any such building, other than an extension to which paragraph (4) applies; and
c
the carrying out of any work to or in connection with any such building or extension.
2
A building falls within paragraph (1) if it —
a
is a roofed construction having walls;
b
uses energy to condition the indoor climate; and
c
does not fall within one or more of the categories listed in paragraph (3).
3
The categories referred to in paragraph (2)(c) are —
a
buildings which are —
i
listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
ii
in a conservation area designated in accordance with section 69 of that Act; or
iii
included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 ,
where compliance with the energy efficiency requirements would unacceptably alter their character or appearance;
b
buildings which are used primarily or solely as places of worship;
c
temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;
d
stand-alone buildings other than dwellings with a total useful floor area of less than 50m 2 .
4
This paragraph applies to any extension of a building falling within class 7 in Schedule 2 except a conservatory or porch —
a
where any wall, door or window separating the conservatory or porch from that building has been removed and not replaced with a wall, door or window; or
b
into which the building’s heating system has been extended.
5
In this regulation, the following terms have the same meaning as in European Parliament and Council Directive 2002/91/ EC of 16 December 2002 on the energy performance of buildings —
i
“industrial sites”;
ii
“low energy demand”;
iii
“non-residential agricultural buildings”;
iv
“places of worship”;
v
“stand-alone”;
vi
“total useful floor area”;
vii
“workshops”.
Requirements relating to a change to energy status
22
Where there is a change to a building’s energy status, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of Part L of Schedule 1.
Requirements relating to thermal elements
23
1
Where a person intends to renovate a thermal element, such work shall be carried out as is necessary to ensure that the whole thermal element complies with the requirements of paragraph L1(a)(i) of Schedule 1.
2
Where a thermal element is replaced, the new thermal element shall comply with the requirements of paragraph L1(a)(i) of Schedule 1.
Methodology of calculation and expression of energy performance
24
1
The Secretary of State shall approve —
a
a methodology of calculation of the energy performance of buildings, including methods for calculating asset ratings and operational ratings of buildings; and
b
ways in which the energy performance of buildings, as calculated in accordance with the methodology, shall be expressed.
2
In this regulation —
“asset rating” means a numerical indicator of the amount of energy estimated to meet the different needs associated with a standardised use of the building; and
“operational rating” means a numerical indicator of the amount of energy consumed during the occupation of a building over a period of time.
Minimum energy performance requirements for new buildings
25
The Secretary of State shall approve minimum energy performance requirements for new buildings, in the form of target CO 2 emission rates, which shall be based upon the methodology approved pursuant to regulation 24.
CO 2 emission rates for new buildings
26
Where a building is erected, it shall not exceed the target CO 2 emission rate for the building that has been approved pursuant to regulation 25.
CO 2 emission rate calculations
27
1
This regulation applies where a building is erected and regulation 26 applies.
2
Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies —
a
the target CO 2 emission rate for the building,
b
the calculated CO 2 emission rate for the building as designed, and
c
a list of specifications to which the building is to be constructed.
3
Not later than five days after the work has been completed, the person carrying out the work shall give the local authority —
a
a notice which specifies —
i
the target CO 2 emission rate for the building,
ii
the calculated CO 2 emission rate for the building as constructed, and
iii
whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or
b
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).
4
A local authority are authorised to accept, as evidence that the requirements of regulation 26 have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce such certificates for that category of building.
5
In this regulation, “specifications” means specifications used for the calculation of the CO 2 emission rate.
Consequential improvements to energy performance
28
1
Paragraph (2) applies to an existing building with a total useful floor area over 1,000m 2 where the proposed building work consists of or includes —
a
an extension;
b
the initial provision of any fixed building services; or
c
an increase to the installed capacity of any fixed building services.
2
Subject to paragraph (3), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.
3
Nothing in paragraph (2) requires work to be carried out if it is not technically, functionally and economically feasible.
Energy performance certificates
29
1
This regulation applies where —
a
a building is erected ; or
b
a building is modified so that it has a greater or lesser number of parts designed or altered for separate use than it previously had, where the modification includes the provision or extension of any of the fixed services for heating, hot water, air conditioning or mechanical ventilation.
2
The person carrying out the work shall —
a
give an energy performance certificate for the building to the owner of the building; and
b
give to the local authority notice to that effect, including the reference number under which the energy performance certificate has been registered in accordance with regulation 30(4).
3
The energy performance certificate and notice shall be given not later than five days after the work has been completed.
4
An energy performance certificate must —
a
express the asset rating of the building in a way approved by the Secretary of State under regulation 24;
b
include a reference value such as a current legal standard or benchmark;
c
be issued by an energy assessor who is accredited to produce energy performance certificates for that category of building; and
d
include the following information —
i
the reference number under which the certificate has been registered in accordance with regulation 30(4);
ii
the address of the building, or in the case of a portable building the address of the owner;
iii
an estimate of the total useful floor area of the building;
iv
the name of the energy assessor who issued it;
v
the name and address of the energy assessor’s employer, or, if self-employed, the name under which the assessor trades and the assessor’s address;
vi
the date on which it was issued; and
vii
the name of the approved accreditation scheme of which the energy assessor is a member.
5
The energy performance certificate must be accompanied by a recommendation report containing recommendations for the improvement of the energy performance of the building, issued by the energy assessor who issued the energy performance certificate.
6
Certification for apartments or units designed or altered for separate use in blocks may be based —
a
except in the case of a dwelling, on a common certification of the whole building for blocks with a common heating system; or
b
on the assessment of another representative apartment or unit in the same block.
7
Where —
a
a block with a common heating system is divided into parts designed or altered for separate use; and
b
one or more, but not all, of the parts are dwellings,
certification for those parts which are not dwellings may be based on a common certification of all the parts which are not dwellings.
Energy assessors
30
1
An energy assessor must be a member of an accreditation scheme approved by the Secretary of State.
2
The terms of approval of any accreditation scheme may be limited in relation to the categories of building for which members may produce certificates.
3
Before approving an accreditation scheme the Secretary of State must be satisfied that the scheme contains adequate provision —
a
for ensuring that members of the scheme carry out consistent and accurate energy assessments in an independent manner;
b
for ensuring that members of the scheme are fit and proper persons who are qualified (by their education, training and experience) to carry out energy assessments;
c
for requiring members of the scheme to prepare energy performance certificates and recommendation reports using a standard form for each type of document;
d
for ensuring the production and publication of a code as regards the conduct required of its members;
e
for indemnity arrangements in relation to owners and prospective or actual buyers or tenants;
f
for facilitating the resolution of complaints against members of the scheme;
g
for requiring energy performance certificates and recommendation reports produced by members of the scheme to be entered on the relevant register referred to in paragraph (4); and
h
for the keeping of a register of the members of the scheme.
4
An energy assessor who issues an energy performance certificate and recommendation report must ensure they are entered onto the relevant register maintained by the Secretary of State in accordance with regulation 31 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 before giving them to the person who requested them.
Related party disclosures
31
An energy assessor must include in an energy performance certificate a declaration of any personal or business relationship (other than in relation to producing the certificate) that the energy assessor has with —
a
the person who commissioned the certificate; and
b
any person who the energy assessor believes —
i
has or may have a personal or business relationship with the person who commissioned the certificate; or
ii
has or may have an interest in the building.
Duty of care
32
1
Energy assessors must carry out energy assessments with reasonable care and skill.
2
The duty imposed by paragraph (1) shall be enforceable by the following persons —
a
the owner; and
b
any prospective or actual buyer or tenant of the building during the period of validity of the certificate.
3
Any cause of action arising in relation to the duty imposed by paragraph (1) is deemed not to be an action founded on tort for the purposes of the Limitation Act 1980 .
Right to copy documents
33
Any person may, for the purpose of complying with any duty imposed by these Regulations or the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, copy or issue a copy of any document produced by an energy assessor.
Application of building regulations to educational buildings and buildings of statutory undertakers
34
1
The requirements specified in paragraph (2) shall apply to educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act ).
2
Those requirements are —
a
the requirements of regulation 26; and
b
in circumstances where such a building has a total useful floor area over 1000m 2 and undergoes a major renovation, the requirements of —
i
regulation 4(1)(a) to the extent that it requires compliance with the requirements of Part L of Schedule 1; and
ii
regulations 23 and 28.
3
In this regulation, “education buildings and buildings of statutory undertakers” means buildings which —
a
fall within paragraph (a), (b) or (c) of section 4(1) of the Act;
b
are roofed constructions having walls;
c
use energy to condition the indoor climate; and
d
do not fall within one or more of the following categories —
i
buildings and monuments officially protected as part of a designated environment or because of their special architectural or historic merit, where compliance with the requirements would unacceptably alter their character or appearance;
ii
buildings used as places of worship and for religious activities;
iii
temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;
iv
stand-alone buildings with a total useful floor area of less than 50m 2 .
4
Terms used in this regulation and in European Parliament and Council Directive 2002/91/EC of 16 December 2002 on the energy performance of buildings have the same meaning in this regulation as in the Directive.
Interpretation of Part 6
35
1
In this Part —
“building” means the building as a whole or parts of it that have been designed or altered to be used separately;
“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with regulation 30; and
“recommendation report” means the report required by regulation 29(5).
2
In this Part a reference to “energy assessment” includes a reference to —
a
the preparation and issuing of energy performance certificates;
b
the preparation and issuing of recommendation reports; and
c
the carrying out of any inspections undertaken for the purposes of preparing energy performance certificates or recommendation reports.
PART 7 Water Efficiency
Water efficiency of new dwellings
36
1
The potential consumption of wholesome water by persons occupying a dwelling to which this regulation applies must not exceed 125 litres per person per day, calculated in accordance with the methodology set out in the document “The Water Efficiency Calculator for New Dwellings”, published in September 2009 by the Department for Communities and Local Government .
2
This regulation applies to a dwelling which is —
a
erected; or
b
formed by a material change of use of a building within the meaning of regulation 5(a) or (b).
Wholesome water consumption calculation
37
1
Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies the potential consumption of wholesome water per person per day calculated in accordance with the methodology referred to in that regulation in relation to the completed dwelling.
2
The notice shall be given to the local authority not later than five days after the work has been completed.
PART 8 Information to be Provided by the Person Carrying Out Work
Fire safety information
38
1
This regulation applies where building work —
a
consists of or includes the erection or extension of a relevant building; or
b
is carried out in connection with a relevant change of use of a building,
and Part B of Schedule 1 imposes a requirement in relation to the work.
2
The person carrying out the work shall give fire safety information to the responsible person not later than the date of completion of the work, or the date of occupation of the building or extension, whichever is the earlier.
3
In this regulation —
a
“fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety;
b
a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;
c
a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and
d
“responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order 2005.
Information about ventilation
39
1
This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to building work.
2
The person carrying out the work shall not later than five days after the work has been completed give sufficient information to the owner about the building’s ventilation system and its maintenance requirements so that the ventilation system can be operated in such a manner as to provide adequate means of ventilation.
Information about use of fuel and power
40
1
This regulation applies where paragraph L1 of Schedule 1 imposes a requirement in relation to building work.
2
The person carrying out the work shall not later than five days after the work has been completed provide to the owner sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and power than is reasonable in the circumstances.
PART 9 Testing and Commissioning
Sound insulation testing
41
1
Subject to paragraph (4) below, this regulation applies to —
a
building work in relation to which paragraph El of Schedule 1 imposes a requirement; and
b
work which is required to be carried out to a building to ensure that it complies with paragraph E1 of Schedule 1 by virtue of regulation 6(1)(f) or 6(2)(b).
2
Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph El of Schedule 1 —
a
ensure that appropriate sound insulation testing is carried out in accordance with a procedure approved by the Secretary of State; and
b
give a copy of the results of the testing referred to in sub-paragraph (a) to the local authority.
3
The results of the testing referred to in paragraph (2)(a) shall be —
a
recorded in a manner approved by the Secretary of State; and
b
given to the local authority in accordance with paragraph (2)(b) not later than the date on which the notice required by regulation 16(4) is given.
4
Where building work consists of the erection of a dwelling-house or a building containing flats, this regulation does not apply to any part of the building in relation to which the person carrying out the building work notifies the local authority, not later than the date on which notice of commencement of the work is given under regulation 16(1), that, for the purpose of achieving compliance of the work with paragraph E1 of Schedule 1, the person is using one or more design details approved by Robust Details Limited , provided that —
a
the notification specifies —
i
the part or parts of the building in respect of which the person is using the design detail;
ii
the design detail concerned; and
iii
the unique number issued by Robust Details Limited in respect of the specified use of that design detail; and
b
the building work carried out in respect of the part or parts of the building identified in the notification is in accordance with the design detail specified in the notification.
Mechanical ventilation air flow rate testing
42
1
This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to the creation of a new dwelling by building work.
2
The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1 —
a
ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and
b
give notice of the results of the testing to the local authority.
3
The notice referred to in paragraph (2)(b) shall —
a
record the results and the data upon which they are based in a manner approved by the Secretary of State; and
b
be given to the local authority not later than five days after the final test is carried out.
Pressure testing
43
1
This regulation applies to the erection of a building in relation to which paragraph L1(a)(i) of Schedule 1 imposes a requirement.
2
Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with regulation 26 and paragraph L1(a)(i) of Schedule 1 —
a
ensure that —
i
pressure testing is carried out in such circumstances as are approved by the Secretary of State; and
ii
the testing is carried out in accordance with a procedure approved by the Secretary of State; and
b
subject to paragraph (5), give notice of the results of the testing to the local authority.
3
The notice referred to in paragraph (2)(b) shall —
a
record the results and the data upon which they are based in a manner approved by the Secretary of State; and
b
be given to the local authority not later than seven days after the final test is carried out.
4
A local authority are authorised to accept, as evidence that the requirements of paragraph (2)(a)(ii) have been satisfied, a certificate to that effect by a person who is registered by the British Institute of Non-destructive Testing in respect of pressure testing for the air tightness of buildings.
5
Where such a certificate contains the information required by paragraph (3)(a), paragraph (2)(b) does not apply.
Commissioning
44
1
This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.
2
This regulation also applies to building work in relation to which paragraph L1(b) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.
3
Where this regulation applies the person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(2) or L1(b) of Schedule 1, give to the local authority a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.
4
The notice shall be given to the local authority —
a
not later than the date on which the notice required by regulation 16(4) is required to be given; or
b
where that regulation does not apply, not more than 30 days after completion of the work.
PART 10 Miscellaneous
Testing of building work
45
The local authority may make such tests of any building work as may be necessary to establish whether it complies with regulation 7 or any of the applicable requirements contained in Schedule 1.
Sampling of material
46
The local authority may take such samples of the material to be used in the carrying out of building work as may be necessary to enable them to ascertain whether such materials comply with the provisions of these Regulations.
Contravention of certain regulations not to be an offence
47
Regulations 17, 27, 29, 37, 41, 42, 43 and 44 are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply.
Electronic service of documents
48
1
Section 94A of the Act (electronic service of documents) shall have effect as if the following documents were documents mentioned in subsection (7) of that section —
a
a building notice and any accompanying statement, description, particulars or plan under regulation 13;
b
full plans and any accompanying statement under regulation 14;
c
a notice under regulation 16;
d
a completion certificate under regulation 17;
e
an application for a regularisation certificate under regulation 18(2);
f
a regularisation certificate under regulation 18(5);
g
a certificate or notice under regulation 20;
h
a notice under regulation 27(2) or (3);
i
an energy performance certificate under regulation 29(2)(a);
j
a notice under regulation 29(2)(b);
k
a notice under regulation 37(1);
l
results of sound insulation testing under regulation 41(2)(b);
m
a notice under regulation 42(2)(b);
n
a notice of the results of pressure testing under regulation 43(2)(b);
o
a notice under regulation 44(3).
2
Where full plans are deposited by means of an electronic communication in accordance with section 94A of the Act, regulation 14 shall apply as if —
a
sub-paragraph (a) of paragraph (2) were omitted;
b
in sub-paragraph (b) of that paragraph —
i
the words “a copy” were substituted for the words “an additional two copies”;
ii
the word “and” was substituted for the words “, both of which”;
c
in paragraph (6) the words “a copy” were substituted for the words “additional copies”.
Transitional provisions: interpretation
49
In regulations 50 to 53 —
“the 2009 Regulations ” means the Building (Amendment No. 2) Regulations 2009 ;
“the 2010 Regulations ” means the Building and Approved Inspectors (Amendment) Regulations 2010 .
Transitional provisions: work already started before 1st October
50
1
Subject to paragraph (2), where before 1st October 2010 building work is started in accordance with —
a
a building notice given to, or full plans deposited with, a local authority under regulation 12(2A) of the Building Regulations 2000 (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations (notice of commencement and completion of certain stages of work);
b
an initial notice or an amendment notice given in accordance with section 47(1) (giving and acceptance of initial notice) or 51A(2) of the Act (variation of work to which initial notice relates);
c
a public body’s notice given in accordance with section 54 (giving, acceptance and effect of public body’s notice) of the Act,
the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.
2
Where before 1st October 2010 building work is started in accordance with an initial notice which is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.
3
Where before 1st October 2010 building work is started to which regulation 12(5)(a) or (b) of the Building Regulations applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.
Transitional provisions: work for which notification is not required
51
Where before 1st October 2010 a contract is entered into for the provision of building work to which regulation 12(5)(a) or (b) of the Building Regulations 2000 applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that work.
Transitional provisions: notice given or plans deposited before 1st October 2010
52
1
Subject to paragraph (2), the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply in relation to building work where —
a
before 1st October 2010 a building notice, an initial notice, a plans certificate, an amendment notice or a public body’s notice has been given to, or full plans deposited with, a local authority; and
b
the work is carried out or is to be carried out in accordance with any such notice or plans, whether with or without any departure from such plans,
provided that the work is started before 1st October 2011.
2
Where an initial notice given before 1st October 2010 is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given, provided that the work is started before 1st October 2011.
Transitional and saving provisions: earlier Building Regulations
53
1
If immediately before 1st October 2010 any of the transitional provisions listed in paragraph (2) applied in relation to building work, the Regulations specified in Schedule 5 shall continue to apply in relation to that building work in accordance with that provision as if these Regulations had not been made.
2
The provisions are —
regulation 4 of the Building (Amendment) Regulations 2001 ;
regulation 3 of the Building (Amendment) Regulations 2002 ;
regulations 3 and 4 of the Building (Amendment) (No. 2) Regulations 2002 ;
regulation 3 of the Building (Amendment) Regulations 2003 ;
regulation 3 of the Building (Amendment) Regulations 2004 ;
regulation 3 of the Building (Amendment) (No. 3) Regulations 2004 ;
regulations 29 to 34 of the Building and Approved Inspectors (Amendment) Regulations 2006 in so far as they relate to the Building Regulations 2000;
regulation 4 of the Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006 in so far as it relates to the Building Regulations 2000;
regulation 4 of the Building and Approved Inspectors (Amendment) Regulations 2007 in so far as it relates to the Building Regulations 2000;
regulations 4 to 8 of the Building and Approved Inspectors (Amendment) Regulations 2009 in so far as they relate to the Building Regulations 2000.
3
Regulation 22A of the Building Regulations 2000 (time limit for prosecution for contravention of certain regulations) shall continue to have effect in relation to contraventions of building regulations committed before 22nd September 2008 as if the 2009 Regulations had not been made.
4
If immediately before 1st October 2010 regulation 23 of the Building Regulations 2000 applied in relation to building work, the Regulations specified in Schedule 3 to those Regulations shall continue to apply in relation to that building work in accordance with that transitional provision as if these Regulations had not been made.
Revocations and consequential amendments
54
1
The Regulations specified in the first column of the table in Schedule 5 are revoked to the extent specified in relation to each in the third column of that table.
2
Schedule 6, which contains consequential amendments to the Building (Local Authority Charges) Regulations 2010 and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 , has effect.
Signed by authority of the Secretary of State
Andrew Stunell
Parliamentary Under Secretary of State
Department for Communities and Local Government
6th September 2010


text:
Citation and application
1
This Order —
a
may be cited as the Animal Welfare (Codes of Practice) (Appointed Day) (England) Order 2010; and
b
applies in England.
Appointed Day
2
The appointed day for the following codes of practice coming into force is 6th April 2010 —
a
Code of Practice for the Welfare of Privately Kept Non-Human Primates ;
b
Code of Practice for the Welfare of Cats ;
c
Code of Practice for the Welfare of Dogs ;
d
Code of Practice for the Welfare of Horses, Ponies, Donkeys and their Hybrids .
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
18th February 2010


text:
Citation and commencement
1
These Rules may be cited as the Reserve Forces Appeal Tribunals (Isle of Man) Rules 2010 and shall come into force on 2nd November 2010.
Application of UK Rules in the case of Tribunals sitting in the Isle of Man
2
The Reserve Forces Appeal Tribunals Rules 1997 (referred to in these Rules as “the UK Rules”) shall apply to proceedings of a Reserve Forces Appeal Tribunal sitting in the Isle of Man subject to the modifications specified in the Schedule.
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
1st November 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lewisham Hospital National Health Service Trust (Establishment) Amendment Order 2010 and shall come into force on 12th February 2010.
2
In this Order —
“the Establishment Order ” means the Lewisham Hospital National Health Service Trust (Establishment) Order 1993 ;
“the trust” means the National Health Service trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
after the definition of “the Act”, insert —
“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;
; and
c
in the definition of “operational date” for “paragraph 3(1)(e) of Schedule 2 to the Act” substitute “paragraph 5(5) of Schedule 4 to the Act”.
Amendment of article 3 of the Establishment Order
3
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1), for “5(1)(a) of the Act”, substitute “25(1) of the Act”; and
b
for paragraph (2), substitute —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Amendment of article 4 of the Establishment Order
4
In article 4 of the Establishment Order (directors of the trust), in paragraph (2), for “paragraph 3(1)(d) of Schedule 2”, substitute “paragraph 5(3) of Schedule 4”.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State
Department of Health
21st January 2010


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.
Amendment of the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 in paragraph (1) for “on and after 1st March 2009, be 4.75 per cent per annum” substitute “on and after 6th April 2010, be 4.00 per cent per annum”.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2009 (Commencement No. 1) Order 2010.
2
In this Order “ the Act ” means the Welfare Reform Act 2009.
Appointed days
2
1
The day appointed for the coming into force of section 24 (loss of benefit provisions) of, and Schedule 4 (loss of benefit provisions: further amendments) to, the Act for the purpose only of conferring power to make regulations is 12th January 2010.
2
The day appointed for the coming into force of section 24 of, and Schedule 4 to, the Act for all other purposes is 1st April 2010.
3
The day appointed for the coming into force of section 55(3) of the Act (which relates to child support maintenance: offences relating to information) and section 55(1) of the Act in so far as it relates to that subsection is 14th January 2010.
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-secretary of State
Department for Work and Pensions
7th January 2010


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Rural Development (Enforcement) (England) (Amendment) Regulations 2010;
b
come into force on 13 th September 2010;
c
apply in relation to England only.
Amendment of the Rural Development (Enforcement) (England) Regulations 2007
2
1
The Rural Development (Enforcement) (England) Regulations 2007 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the definition of “authorised person” after “the Secretary of State,” insert —
the Environment Agency,
;
b
omit the definition of “Council Regulation 1782/2003”;
c
for the definition of “Cross-compliance (England) Regulations” substitute —
“the Cross-compliance (England) Regulations ” means the Agriculture (Cross-compliance) ( No. 2) Regulations 2009;
;
d
at the appropriate place insert —
“direct support regulation” means —
Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ; or
Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005 , (EC) No 247/2006 , (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 ;
.
3
In regulation 5 (cross-compliance) —
a
in paragraph (1) for “Regulations 4 and 6 of, and the Schedule to,” substitute —
Regulations 3 and 5 of, and the Schedules to,
;
b
in paragraph (2) for “regulation 7(3)” substitute —
regulation 6(3)
.
4
In regulation 12(b) (set off), for “Council Regulation 1782/2003” substitute —
a direct support regulation
.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
15th August 2010


text:
Citation, commencement and application
1
These Regulations —
a
may be cited as the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (Amendment) Regulations 2010;
b
apply to England only; and
c
come into force on 6 th April 2010.
Amendments to the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010
2
The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 are amended in accordance with regulations 3 to 6.
Regulation 2 (Interpretation)
3
In regulation 2, in the definition of “silage effluent” omit the words “or a crop being made into silage”.
Regulation 3 (Making or storage of silage)
4
In regulation 3 —
a
in paragraph (1), omit the words “subject to paragraph (4),”; and
b
for paragraph (4), substitute —
4
A person who has custody or control of a silage bale must not open or remove the wrapping of the bale within 10 metres of any inland freshwaters or coastal waters which silage effluent could enter as a result.
.
Regulation 7 (Notice requiring works etc. )
5
After regulation 7(4) insert —
4A
A person on whom a regulation 7 notice has been served must comply with the requirements of that notice.
.
Regulation 10 (Offences and penalties)
6
In regulation 10(1) for “7(1)” substitute “7(4A)”.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th March 2010


text:
1
This Order may be cited as the Finance Act 2009, Schedule 50 (Record-keeping) (Appointed Day) Order 2010.
2
1st April 2010 is the day appointed for the coming into force of the amendments made by Schedule 50 to the Finance Act 2009 (Record-keeping).
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) (Revocation) Regulations 2010 and come into force on 25th July 2010.
Revocation
2
The Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) Regulations 2010 are revoked.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
26th June 2010


text:
Citation and commencement
1
This Order may be cited as the Public Health (Aircraft and Ships) (Isle of Man) Order 2010 and shall come into force on 1st February 2011.
Interpretation
2
In this Order —
“the Aircraft Regulations ” means the Public Health (Aircraft) Regulations 1979 as they apply in relation to England ;
“the Ships Regulations ” means the Public Health (Ships) Regulations 1979 as they apply in relation to England .
Extension of the Aircraft Regulations to the Isle of Man
3
The Aircraft Regulations shall extend to the Isle of Man subject to —
a
the general modifications in article 5; and
b
the specific modifications, additions and omissions in Schedule 1.
Extension of the Ships Regulations to the Isle of Man
4
The Ships Regulations shall extend to the Isle of Man subject to —
a
the general modifications in article 5; and
b
the specific modifications, additions and omissions in Schedule 2.
General modifications
5
In this Order any reference —
a
to an Act of Parliament, or to a provision of an Act of Parliament, shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Isle of Man; and
b
to an Act of Tynwald, or to a provision of an Act of Tynwald, shall be construed as including a reference to that Act or provision as amended or replaced by or under any other such Act or provision.
Judith Simpson
Clerk to the Privy Council


text:
Citation, application and commencement
1
These Regulations, which apply in relation to England only, may be cited as the Business Rate Supplements (Accounting) (England) Regulations 2010 and shall come into force on 22nd March 2010.
Interpretation
2
In these Regulations —
“ the Act ” means the Business Rate Supplements Act 2009;
“the Transfers Regulations ” means the Business Rate Supplements (Transfers to Revenue Accounts) (England) Regulations 2009 ;
“financial contribution” means a financial contribution such as is mentioned in section 3(6) of the Act; and
“revenue account” means the account kept by —
a levying authority under paragraph 1(1) of Schedule 3 to the Act, or
a functional body under paragraph 1(2) of Schedule 3 to the Act.
The BRS revenue account
3
Schedule 1 shall have effect with respect to the keeping of a revenue account.
Deficit in the BRS revenue account – levying authority
4
1
Subject to paragraph (2), after the end of each financial year of a BRS, a levying authority shall —
a
make good any deficit in its revenue account from its general fund by 31st July in the following financial year; or
b
apply any credit in its revenue account towards making good to its general fund any amount charged to that fund under sub-paragraph (a) in the ten years immediately preceding that financial year.
2
Paragraph (1) shall not apply where the imposition of a BRS has come to an end in that financial year.
Deficit in the BRS revenue account – functional body
5
After the end of each financial year of a BRS, the Greater London Authority shall make good any deficit in the BRS revenue account of a functional body from its own revenue account by 31st July in the following financial year.
Refunds and credits
6
Schedule 2 shall have effect with respect to refunds and credits in respect of a financial year where —
a
i
the imposition of a BRS has come to an end; or
ii
the Secretary of State has, under section 24(3), directed the levying authority to cancel the imposition of the BRS of the Act; and
b
the revenue account is in credit.
Amendment of the Transfers Regulations
7
1
The Transfers Regulations are amended as follows.
2
In Schedule 1 (transfer of BRS Revenues: billing authorities which are levying authorities) —
a
for paragraph 1, substitute —
1
1
A billing authority which is a levying authority shall transfer any amounts it receives in respect of BRS (including the amount of any financial contributions made to it for the purposes mentioned in section 3(6) of the Act) during a financial year from its collection fund to its revenue account.
2
The amount of any financial contributions made to the billing authority for the purposes mentioned in section 3(6) of the Act, shall be ignored for the purpose of the application of paragraphs 2 and 3.
; and
b
in paragraph 3(1), for the year “2010” substitute “2011”.
3
In Schedule 2 (transfer of BRS Revenues: billing authorities which are not levying authorities) —
a
in paragraph 1 (interpretation) —
i
for definition of “final return” substitute —
“final return” means the return required by paragraph 7(1);
; and
ii
for the definition of “provisional return” substitute —
“provisional return”, except in the expressions “revised provisional return” and “variation provisional return”, means the return required by paragraph 2(1);
;
b
after paragraph 1, insert —
Transfer of financial contributions
1A
1
A billing authority which is not a levying authority shall transfer the amount of any financial contributions made to it for the purposes mentioned in section 3(6) of the Act from its collection fund to the levying authority’s revenue account.
2
Transfers under sub-paragraph (1) shall be made as soon as practicable after the receipt of the financial contributions.
3
The amount of any financial contributions shall be ignored for the purpose of the application of paragraphs 2 to 10.
;
c
in paragraph 5(7), for the words “If the amount referred to in sub-paragraph 2(c) is greater than zero,” substitute “If the total amount calculated under sub-paragraph (3) is greater than the aggregate of the instalments the billing authority has paid to the relevant levying authority in the relevant year,”;
d
in paragraph 6(2), for “sub-paragraph (6)” substitute “sub-paragraph (5)”; and
e
in paragraph 10(1)(b), omit the words “(in the absence of an authorisation under sub-paragraph (2)(b))”.
Signed by the authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
21st February 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 24 and Transitional Provisions) Order 2010.
2
In this Order —
“the 1996 Act ” means the Criminal Procedure and Investigations Act 1996 ; and
“the 2003 Act ” means the Criminal Justice Act 2003.
Appointed days
2
1
The following provisions of the 2003 Act shall come into force on 26th April 2010 so far as they are not already in force —
a
section 51 (live links in criminal proceedings);
b
section 52 (effect of, and rescission of, direction);
c
section 54 (warning to jury); and
d
section 56 (interpretation of Part 8 (live links)).
2
Section 53 of the 2003 Act (magistrates’ courts permitted to sit at other locations) shall come into force on 26th April 2010.
3
The following provisions of the 2003 Act shall come into force in relation to England and Wales on 1st May 2010 —
a
section 34 (notification of intention to call defence witnesses); and
b
section 39 (faults in defence disclosure), so far as it inserts section 11(4) and (7) of the 1996 Act.
Transitional provisions
4
1
The coming into force, by virtue of article 2, of sections 51 to 54 and 56 of the 2003 Act shall have no effect in relation to proceedings beginning before 26th April 2010.
2
The coming into force, by virtue of article 3, of sections 34 and 39 of the 2003 Act shall have no effect in relation to a case to which Part 1 of the 1996 Act applies by virtue of section 1(1) or (2) of that Act before 1st May 2010.
3
In this article, “proceedings” means the criminal proceedings listed in section 51(2) of the 2003 Act.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
29th March 2010