text:
PART 1 Introductory provisions
Citation, commencement, extent and application
1
1
These Regulations —
a
may be cited as the Fluorinated Greenhouse Gases Regulations 2008; and
b
come into force on 15th February 2008.
2
These Regulations extend to Northern Ireland only in so far as they relate to importation into the United Kingdom from outside the customs territory of the Community.
3
Subject to paragraph (4), these Regulations apply to offshore installations.
4
Except in relation to importation, these Regulations do not apply to offshore installations in the tidal waters or parts of the sea in or adjacent to Northern Ireland up to the seaward limits of the territorial sea.
Interpretation
2
1
In these Regulations —
“the 2006 Regulation ” means Regulation (EC) No. 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases ;
“ the Agency ” means —
as regards England and Wales, the Environment Agency, and
as regards Scotland, the Scottish Environment Protection Agency;
“authorised person” means a person authorised under regulation 21 ;
“course of training” includes the training of an employee while that employee is engaged in work for which he is employed;
“employed” means employed under a contract of employment and “employee” and “employer” are construed accordingly;
“enforcement notice” means a notice served under regulation 24(1) ;
“in-house qualification” means a qualification verified by a certificate of competence or other written confirmation issued by an employer to such of his employees who have successfully completed a course of training provided by that employer relating to the work in question;
“operator” means the person who exercises actual power over the technical functioning of the equipment or systems which are referred to in these Regulations;
“placing on the market” has the same meaning as it has in Article 2.7 of the 2006 Regulation except that it does not include import into the customs territory of the Community, and cognate expressions are construed accordingly;
“the port health authority” means —
in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984 ), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act;
“premises” includes —
land;
a vehicle or trailer;
an aircraft;
a ship; and
an offshore installation or a part of an offshore installation,
and a reference to entering premises includes a reference to boarding an offshore installation;
“prohibition notice” means a notice served under regulation 24(3) ;
“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which permanently rests on or is permanently attached to the seabed.
2
In these Regulations, the following expressions have the meaning given in Article 2 —
“container”;
“fluorinated greenhouse gases”;
“heat pump”;
“leakage detection system”; and
“preparation”.
3
In these Regulations, “the enforcing authority” means
a
as regards England, the Agency, the local authority, the port health authority or the Secretary of State;
b
as regards Wales, the Agency, the local authority, the port health authority or the Welsh Ministers;
c
as regards Scotland, the Agency, the local authority or Scottish Ministers; and
d
as regards offshore installations, the Secretary of State.
4
In these Regulations, “the local authority” means —
a
in relation to England —
i
a district council,
ii
a county council that is the council for a county in which there are no district councils,
iii
a London borough council,
iv
the Common Council of the City of London, or
v
the Council of the Isles of Scilly;
b
in relation to Wales —
i
a county council, or
ii
a county borough council;
c
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .
5
In these Regulations, “the marine area” means —
a
the tidal waters and parts of the sea in or adjacent to the United Kingdom up to the seaward limits of the territorial sea; and
b
the area designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 .
6
In these Regulations, “offshore installation” means an installation or structure, other than a ship, used for carrying on an activity mentioned in paragraph (7) which is situated in the waters of, or on or under the seabed in, the marine area.
7
The activities referred to in paragraph (6) are —
a
the exploitation, or the exploration with a view to exploitation, of mineral resources in or under the shore or bed of waters in the marine area;
b
the storage of gas in or under the shore or bed of waters in the marine area or the recovery of gas so stored;
c
the conveyance of things by means of a pipe or system of pipes, constructed or placed on, in or under the shore or bed of waters in the marine area; and
d
the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity falling within sub-paragraph (a), (b) or (c) or this sub-paragraph.
8
In these Regulations, “stationary application” means —
a
refrigeration equipment and its circuits;
b
air conditioning equipment and its circuits;
c
heat pump equipment and its circuits; or
d
a fire protection system,
which contains a fluorinated greenhouse gas and which is normally not in transit during operation.
9
Other expressions used in these Regulations and in the 2006 Regulation which are not defined in these Regulations have the same meaning in these Regulations as they have in the 2006 Regulation.
10
A reference in these Regulations to a numbered Article is a reference to the Article so numbered in the 2006 Regulation.
Competent authority
3
The Secretary of State is the competent authority for the purposes of the 2006 Regulation in its application to —
a
England, Wales and Scotland;
b
offshore installations; and
c
in relation to importation, Northern Ireland.
PART 2 General provisions
Leakages
4
The operator of a stationary application commits an offence if he fails to comply with —
a
Article 3.1; or
b
Article 3.2, as qualified by Article 3.4.
Leakage detection systems
5
1
A person commits an offence if he uses a stationary application, other than an existing fire protection system, which contains 300 kilograms or more of fluorinated greenhouse gases in which has not been installed a leakage detection system.
2
The operator of a stationary application, other than a fire protection system, which contains 300 kilograms or more of fluorinated greenhouse gases commits an offence if he does not ensure that a leakage detection system installed in the stationary application is checked in accordance with Article 3.3.
3
The operator of an existing fire protection system commits an offence if he does not ensure that a leakage detection system is fitted to that fire protection system before 4th July 2010.
4
The operator of a fire protection system which contains 300 kilograms or more of fluorinated greenhouse gases commits an offence if he does not ensure that the leakage detection system fitted to the fire protection system is —
a
checked at least once every 12 months to ensure that it functions properly, in accordance with Article 3.3; or
b
inspected as referred to in Article 3.5.
5
In this regulation, “existing fire protection system” means a fire protection system which —
a
contains 300 kilograms or more of fluorinated greenhouse gases; and
b
was fitted before 4th July 2007.
Records
6
The operator of a stationary application containing 3 kilograms or more of fluorinated greenhouse gases commits an offence if he fails to comply with Article 3.6.
Recovery of fluorinated greenhouse gases
7
1
The operator of the equipment referred to in paragraph (2) commits an offence if he fails to comply with Articles 4.1 or 4.4.
2
The equipment is —
a
the cooling circuit of —
i
refrigeration equipment,
ii
air-conditioning equipment, or
iii
heat pump equipment;
b
equipment containing fluorinated greenhouse gas-based solvents;
c
a fire protection system;
d
a fire extinguisher; or
e
high-voltage switch gear,
which is normally not in transit during operation.
3
The user of a refillable or a non-refillable fluorinated greenhouse gas container commits an offence if he fails to comply with Article 4.2 or 4.4.
4
Paragraph (5) applies to —
a
the operator of any equipment not referred to in paragraph (2); or
b
the user of any product, other than a gas container referred to in paragraph (3),
which contains a fluorinated greenhouse gas, other than mobile equipment being used for military operations.
5
Such an operator or user must ensure that any fluorinated greenhouse gas is recovered from the equipment or the product in accordance with Article 4.3.
6
A person commits an offence if he fails to comply with paragraph (5).
Reporting requirements and the provision of information
8
1
A person who produces more than one tonne of fluorinated greenhouse gases in the Community each year commits an offence if he fails to comply with the requirements of Article 6.1(a) within the time limits set out in Article 6.1.
2
A person who imports more than one tonne of fluorinated greenhouse gases each year commits an offence if he fails to comply with the requirements of Article 6.1(b) within the time limits set out in Article 6.1.
3
A person who exports more than one tonne of fluorinated greenhouse gases from the Community each year commits an offence if he fails to comply with the requirements of Article 6.1(c) within the time limits set out in Article 6.1.
4
A person referred to in paragraphs (1) to (3) commits an offence if he fails to send to the Secretary of State a copy of the annual report at the same time as he sends the annual report to the European Commission.
5
A person commits an offence if he fails within a reasonable time to provide such information as the Secretary of State may reasonably request to enable the Secretary of State to acquire emission data for the purposes of Article 6.4.
6
In this regulation —
a
“annual report” means the report which the person in question has to send to the European Commission in accordance with Article 6; and
b
“import” means import into the United Kingdom from outside the customs territory of the Community.
Instruction manuals
9
1
A person commits an offence if he places on the market a product or equipment referred to in paragraph (2) containing fluorinated greenhouse gas unless the instruction manual provided with the product or equipment contains —
a
a statement that the product or equipment contains such gas;
b
information about the fluorinated greenhouse gas in the product or equipment, including —
i
the chemical name and quantity of the gas; and
ii
its global warming potential; and
c
a statement whether or not the product or equipment is hermetically sealed.
2
The product or equipment referred to in paragraph (1) is —
a
a refrigeration product or equipment which contains —
i
perfluorocarbons, or
ii
preparations containing perfluorocarbons;
b
a refrigeration or air conditioning product or equipment, except where such product or equipment is in a motor vehicle, which contains —
i
hydrofluorocarbons, or
ii
preparations containing hydrofluorocarbons;
c
a heat pump, fire protection system or fire extinguisher which contains —
i
hydrofluorocarbons, or
ii
preparations containing hydrofluorocarbons;
d
switchgear which contains sulphur hexafluoride or preparations containing sulphur hexafluoride; or
e
a fluorinated greenhouse gas container.
Prohibition on the use of sulphur hexafluoride
10
A person commits an offence if he uses sulphur hexafluoride or preparations of that substance in contravention of Article 8.1 or Article 8.2 on or after the date on which these Regulations come into force.
Placing on the market
11
1
Subject to paragraph (2), a person commits an offence if he places on the market a product or equipment referred to in Annex II to the 2006 Regulation in contravention of Article 9.1 on or after —
a
the date on which these Regulations come into force; or
b
the date specified in that Annex referable to the product or equipment in question,
whichever is the later.
2
It is a defence for the person to prove that the product or equipment in question was manufactured before the date specified in Annex II to the 2006 Regulation referable to the product or equipment.
Importation
12
In respect of the importation of any product or equipment referred to in Annex II to the 2006 Regulation into the United Kingdom from outside the customs territory of the Community, section 170 of the Customs and Excise Management Act 1979 has effect in relation to the evasion or attempted evasion of the prohibition set out in Article 9.1, as qualified by Article 9.2.
Proof of lawful import
13
1
Where any product or equipment is being, or has been, imported into the United Kingdom from outside the customs territory of the Community, an officer of Revenue and Customs may require any person possessing or having control of that product or equipment to furnish, within such reasonable time as that officer may specify, evidence that the importation is, or was not, unlawful by virtue of the 2006 Regulation.
2
Until such evidence is furnished to the satisfaction of the Commissioners for Revenue and Customs, the product or equipment may be detained.
3
If such evidence is not furnished to the satisfaction of the Commissioners for Revenue and Customs within the period specified under paragraph (1), the product or equipment is liable to forfeiture and the Customs and Excise Management Act 1979 applies in relation to it as if it were liable to forfeiture under that Act.
PART 3 Qualifications
Preliminary
14
The following provisions are subject to regulation 20 —
a
regulation 15 (1), (3) and (6);
b
regulation 16 (1) and (2); and
c
regulation 17 (1), (2) and (4).
Qualifications relating to certain stationary equipment
15
1
No person may —
a
install, service or maintain the stationary equipment referred to in paragraph (2);
b
check such equipment for any leakages of fluorinated greenhouse gases; or
c
repair, or carry out work to prevent, such leakages,
unless he has obtained one of the qualifications referred to in Part 1 of Schedule 1.
2
The equipment is —
a
refrigeration equipment;
b
air conditioning equipment; or
c
heat pump equipment,
which contains 3 kilograms or more of fluorinated greenhouse gases.
3
No person may —
a
install, service or maintain the stationary equipment referred to in paragraph (4);
b
check such equipment for any leakages of fluorinated greenhouse gases; or
c
repair, or carry out work to prevent, such leakages,
unless he has obtained one of the qualifications referred to in Part 1 of Schedule 1 or an in-house qualification, or he satisfies the requirement in paragraph (5).
4
The equipment is —
a
refrigeration equipment;
b
air conditioning equipment; or
c
heat pump equipment,
which contains less then 3 kilograms of fluorinated greenhouse gases.
5
The requirement referred to in paragraph (3) is that, before the date on which these Regulations come into force, the person has carried out work referred to in paragraph (3) without supervision.
6
No person may —
a
install a leakage detection system in the equipment referred to in paragraph (7); or
b
check that such a system functions properly,
unless he has obtained one of the qualifications referred to in Part 1 of Schedule 1.
7
The equipment is —
a
refrigeration equipment;
b
air conditioning equipment; or
c
heat pump equipment,
which contains 300 kilograms or more of fluorinated greenhouse gases.
8
For the purposes of this regulation, “equipment” includes the circuits which relate to the equipment.
9
A person is guilty of an offence if he fails to comply with paragraph (1), (3) or (6).
Qualifications relating to fire protection equipment
16
1
No person may —
a
install, service or maintain a fire protection system which contains a fluorinated greenhouse gas;
b
check such a fire protection system for any leakages of fluorinated greenhouse gases; or
c
repair, or carry out work to prevent, such leakages,
unless he has obtained an in-house qualification.
2
No person may —
a
install a leakage detection system in a fire protection system which contains 300 kilograms or more of fluorinated greenhouse gases; or
b
check that such a leakage detection system functions properly,
unless he has obtained an in-house qualification.
3
A person is guilty of an offence if he fails to comply with paragraph (1) or (2).
Qualifications relating to the recovery of fluorinated greenhouse gases
17
1
No person may recover fluorinated greenhouse gases from the air conditioning system in a motor car or motor van during the servicing or maintenance of that system unless he has obtained at least one of the qualifications referred to in Schedule 1.
2
Subject to paragraph (4), no person may recover fluorinated greenhouse gases from the stationary equipment referred to in paragraph (3), unless he has obtained an in-house qualification.
3
The equipment is —
a
the cooling circuits of refrigeration, air-conditioning or heat pump equipment;
b
equipment containing fluorinated greenhouse gas-based solvents;
c
fire protection systems;
d
fire extinguishers; or
e
high-voltage switchgear.
4
No person may dismantle the equipment referred to in paragraph (3)(a) where the equipment can only be dismantled at the place where the equipment is used unless he has obtained one of the qualifications referred to in Part 1 of Schedule 1.
5
A person is guilty of an offence if he fails to comply with paragraph (1), (2) or (4).
6
In this regulation, “motor car” means a motor vehicle which —
a
has at least four wheels;
b
is used for the carriage of passengers; and
c
has no more than nine seats, including the seat of the driver.
7
In this regulation, “motor van” means a motor vehicle which —
a
has at least four wheels;
b
has a maximum weight not exceeding 1.305 metric tons; and
c
is used for the carriage of goods.
Obligations of employers
18
1
The employer of a person employed to carry out any work referred to in —
a
regulation 15 (1), (3) or (6);
b
regulation 16 (1) or (2); or
c
regulation 17 (1), (2) or (4),
must ensure that that person has obtained the qualification necessary to enable him to carry out the work in question under these Regulations.
2
For the purposes of paragraph (1), a person is deemed to have obtained the necessary qualification if he is working under supervision in accordance with regulation 20 with a view to obtaining that qualification.
3
A person is guilty of an offence if he fails to comply with paragraph (1).
Training provided by an employer
19
1
A training employer must ensure that the course of training he provides will enable an employee who has been trained to carry out relevant work satisfactorily.
2
In respect of each employee trained, a training employer must keep for the required period a record of —
a
the name of the employee trained;
b
the training he provides;
c
the date he provides such training; and
d
the date on which is issued the certificate of competence or other written confirmation that the course of training has been successfully completed.
3
A training employer must provide a copy of the record referred to in paragraph (2) to the employee in question when requested to do so by that employee during the required period.
4
A training employer is guilty of an offence if he fails to comply with paragraph (1), (2) or (3).
5
In this regulation —
a
“relevant work” means work referred to in regulation 15(3), 16(1), 16(2), 17(1) or 17(2);
b
“the required period” means both —
i
the period during which the employee in question undergoes training provided by the training employer, and
ii
the period during which the employee is employed by the training employer to carry out relevant work; and
c
“training employer” means an employer who provides training leading to an in-house qualification.
Working under supervision
20
A person who has not obtained the requisite qualification to carry out work referred to in —
a
regulation 15 (1), (3) or (6);
b
regulation 16 (1) or (2); or
c
regulation 17 (1), (2) or (4),
may carry out such work if he does so under the supervision of a person who has obtained the requisite qualification and with a view to obtaining that qualification.
PART 4 Enforcement, offences and penalties
Appointment of authorised persons
21
The enforcing authority may authorise in writing such persons (“authorised persons”) as they consider appropriate to act for the purpose of enforcing these Regulations.
Powers of authorised persons
22
1
An authorised person may, on production, if so required, of his authority, exercise any of the powers specified in paragraph (2) for the purpose of enforcing these Regulations.
2
The powers of an authorised person are —
a
at any reasonable time, to enter premises, other than premises used wholly or mainly for residential purposes, which he has reason to believe it is necessary for him to enter;
b
on entering any premises by virtue of sub-paragraph (a), to take with him —
i
any other person whose presence appears to him to be required in connection with the exercise by him of any power under this regulation, including, if he has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable, and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
c
to make such examination or investigation as may in any circumstances be necessary;
d
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, must be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);
e
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);
f
to take samples of any articles or substances found in or on any premises which he has power to enter;
g
in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health or to the health of animals or plants, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is necessary);
h
in the case of any such article or substance, to take possession of it and detain it for so long as is necessary —
i
to examine it and do to it anything which he has power to do under sub-paragraph (g),
ii
to ensure that it is not tampered with before his examination of it is completed, or
iii
to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
i
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;
j
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for him to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;
k
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this regulation.
3
Where an authorised person proposes to exercise the power conferred by paragraph (2)(g) in the case of an article or substance found in or on any premises, he must, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
4
Before exercising the power conferred by paragraph (2)(g) in the case of any article or substance, an authorised person must consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under the power.
5
Where under the power conferred by paragraph (2)(h) an authorised person takes possession of any article or substance found on any premises, he must leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such article or substance under that power an authorised person must, if it is practical for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
6
Nothing in this regulation shall be taken to compel the production by any person of a document which he would be entitled to withhold production of on grounds of —
a
legal professional privilege on an order for disclosure and inspection in an action in the High Court; or
b
confidentiality in proceedings in the Court of Session in Scotland.
7
No person may intentionally prevent any other person from appearing before an authorised person under paragraph (2)(i) or from answering any question to which an authorised person may by virtue of paragraph (2)(i) require an answer.
8
No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) may be admissible in evidence in England, Wales, Scotland or Northern Ireland against that person in any proceedings.
Information notices
23
An authorised person may, by notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following the service of the notice or at such time as is so specified.
Enforcement and prohibition notices
24
1
If an authorised person is of the opinion that a person has contravened, is contravening or is likely to contravene —
a
Article 3.1 to 3.3, 3.6, 4, 8 or 9; or
b
the second paragraph of Article 7.1,
the authorised person may serve on that person a notice (“enforcement notice”).
2
An enforcement notice must —
a
state that the authorised person is of that opinion;
b
specify the matters constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;
c
specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be; and
d
specify the period within which those steps must be taken.
3
If an authorised person is of the opinion that the activities of a person in relation to his contravention or likely contravention of Article 3.1 to 3.3, 3.6, 4, 8 or 9 are such that they involve an imminent danger of serious pollution of the environment, the authorised person may serve on that person a notice (“prohibition notice”).
4
A prohibition notice must —
a
state that the authorised person is of that opinion;
b
specify the danger involved in the activity;
c
specify the steps that must be taken to remove the danger; and
d
state —
i
the period within which those steps must be taken, or
ii
that the steps must be taken immediately.
5
Subject to regulation 25(6) , the bringing of an appeal under regulation 25 does not suspend the operation of the enforcement notice or the prohibition notice in question.
6
An authorised person may withdraw at any time an enforcement notice or a prohibition notice.
7
A person on whom is served an enforcement notice or a prohibition notice must comply with such notice at his expense.
8
If such a notice is not complied with, the relevant enforcing authority may arrange for it to be complied with at the expense of the person on whom it was served.
9
In this regulation, “relevant enforcing authority” means the enforcing authority who or which authorised the authorised person who served the enforcement notice or prohibition notice in question.
Appeals against enforcement or prohibition notices
25
1
A person who is aggrieved by an enforcement notice or a prohibition notice may appeal to a magistrates’ court or, in Scotland, to the sheriff.
2
The procedure on an appeal to a magistrates’ court is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
3
An appeal to the sheriff is by summary application.
4
An appeal may be brought not later than 28 days after the date in which the enforcement notice or the prohibition notice in question is served.
5
An enforcement notice or prohibition notice must state —
a
that the person on whom the notice in question is served has the right of appeal to a magistrates’ court or the sheriff; and
b
the period in which the appeal may be brought.
6
The court may suspend an enforcement notice or prohibition notice pending an appeal.
Proceedings before a civil court
26
1
If the enforcing authority is of the opinion that proceedings against a person for an offence under regulation 27(1)(b) would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.
2
Civil proceedings under paragraph (1) may be taken —
a
in the County Court or the High Court; or
b
in Scotland, before the sheriff .
Miscellaneous offences
27
1
A person commits an offence if he —
a
fails to comply with the requirements of a notice served on him under regulation 23 ;
b
fails to comply with an enforcement notice or a prohibition notice;
c
fails to comply with a direction given, or a requirement imposed, under regulation 22(2) ;
d
contravenes, or causes or permits another person to contravene, regulation 22(7) ;
e
intentionally obstructs an authorised person in the exercise or performance of his powers or duties;
f
furnishes to an authorised person any information which he knows to be false or misleading; or
g
pretends to be an authorised person.
2
A person commits an offence if he —
a
fails to comply with regulation 31(3) ; or
b
causes or permits another person to fail to comply with that regulation.
3
A person commits an offence if he knowingly or recklessly furnishes Article 6.4 information which is false or misleading in any material particular.
4
In paragraph (3), “Article 6.4 information” means such information as the Secretary of State may reasonably request to enable the Secretary of State to acquire emission data for the purposes of Article 6.4.
Corporate offences
28
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
If an offence under these Regulations committed by a partnership is shown —
a
to have been committed with the consent or connivance of a partner; or
b
to be attributable to any neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
4
If an offence under these Regulations committed by an unincorporated association, other than a partnership, is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or
b
to be attributable to any neglect on the part of such an officer or member,
that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In this regulation —
a
“officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and
b
“partner” includes a person purporting to act as a partner.
Penalties
29
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Fixed penalties
30
1
If an authorised person has reason to believe that a person has committed an offence under regulation 4 in relation to —
a
refrigeration equipment;
b
air conditioning; or
c
heat pump equipment,
kept on premises used only as a private dwelling house, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
2
Where a person is given a fixed penalty notice under this regulation in respect of an offence —
a
no proceedings may be instituted for that offence before the expiry of 28 days following the date of the fixed penalty notice; and
b
he may not be convicted of that offence if he pays the fixed penalty before the expiry of that period.
3
A fixed penalty notice must contain such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
4
A fixed penalty notice must state —
a
the period during which, by virtue of paragraph (2) , proceedings cannot be taken for the offence;
b
the amount of the fixed penalty;
c
the name of the person to whom and the address at which the fixed penalty may be paid.
5
Payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of penalty.
6
Where a letter is sent in accordance with paragraph (5) payment is deemed to be made at the time at which that letter would be delivered in the ordinary course of post.
7
A fixed penalty notice must be in the form set out in Schedule 2.
8
The amount of fixed penalty payable in pursuance of a fixed penalty notice is £100 which must be paid to the relevant enforcing authority.
9
In any proceedings, a certificate which —
a
purports to be signed by or on behalf of the chief finance officer of the relevant enforcing authority; and
b
states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
10
In this regulation, —
a
“fixed penalty notice” means a notice given under paragraph (1);
b
“relevant enforcing authority” means the enforcing authority who or which authorised the authorised person who served the fixed penalty notice in question.
Powers of the Secretary of State
31
1
Paragraph (2) applies where, in contravention of Article 9, a person has imported a product or equipment containing, or whose functioning relies upon, fluorinated greenhouse gases.
2
The Secretary of State may require that person —
a
to dispose of the product or equipment without causing pollution of the environment or harm to human health or the health of animals or plants;
b
otherwise to render it harmless; or
c
to remove it from —
i
the United Kingdom, or
ii
an offshore installation.
3
That person must comply with the requirement.
4
In this regulation, “import” means import into the United Kingdom from outside the customs territory of the Community.
Enforcement
32
1
Subject to paragraphs (2) and (3), the relevant authority must enforce these Regulations.
2
In relation to —
a
cases of a particular description; or
b
a particular case,
the Secretary of State, as regards England, the Welsh Ministers as regards Wales, and the Scottish Ministers, as regards Scotland, may direct that the duty in paragraph (1) imposed on a relevant authority shall be discharged by him or them, as the case may be, and not by the relevant authority.
3
The Secretary of State must enforce these Regulations in relation to offshore installations.
4
In this regulation, “relevant authority” means the Agency, the local authority or the port health authority.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
10th January 2008


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform Act 2007 (Commencement No. 5) Order 2008.
2
In this Order “ the Act ” means the Welfare Reform Act 2007.
Appointed Days
2
1
For the purpose only of conferring power to make regulations 1st April 2008 is the appointed day for the coming into force of —
a
section 32 of the Act (housing benefit and council tax benefit for persons taking up employment);
b
section 33 of the Act (section 32: supplemental); and
c
section 34 of the Act (sections 32 and 33: interpretation).
2
For all other purposes 6th October 2008 is the appointed day for the coming into force of the provisions specified in paragraph (1).
3
1st April 2008 is the appointed day for the coming into force of —
a
section 38 of the Act (duty to send inspection reports to the Secretary of State);
b
section 39 of the Act (directions by the Secretary of State); and
c
paragraphs 5 to 7 and 9 of Schedule 5 to the Act (minor and consequential amendments relating to Part 2) in so far as they relate to the amendment of sections 139E, 139F, 139G and 140B(5A) of the Social Security Administration Act 1992 and section 40 of the Act in so far as it relates those amendments.
4
For the purpose only of conferring power to make regulations 19th February 2008 is the appointed day for the coming into force of —
a
section 46 of the Act (local authority powers to investigate fraud); and
b
section 47 of the Act (local authority powers to prosecute benefit fraud).
5
For all other purposes 7th April 2008 is the appointed day for the coming into force of the provisions specified in paragraph (4).
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work And Pensions
18th February 2008


text:
Citation, application, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2008.
2
These Regulations apply in relation to England and Wales .
3
These Regulations shall come into force on 7th May 2008 but have effect from 1st April 2008.
4
In these Regulations “the Benefits Regulations” means the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 .
Amendment of the Benefits Regulations
2
The Benefits Regulations are amended in accordance with regulations 3 to 23.
3
In regulation 1 (citation, commencement, interpretation and application) —
a
after the definition of “the 1997 Regulations”, insert —
“the Administration Regulations” means the Local Government Pension Scheme (Administration) Regulations 2008 ;
; and
b
after the definition of “the 1997 Scheme”, insert —
“administering authority” has the meaning ascribed by Schedule 1 to the Administration Regulations;
.
4
For regulation 2 (active members) substitute —
2
1
The term “active member” in relation to the Scheme is to be construed in accordance with regulation 4(1) of, and Schedule 1 to, the Administration Regulations.
2
An active member of the 1997 Scheme is an active member of the Scheme for as long as he continues to be in employment which makes him eligible to be such in accordance with Part 2 of the Administration Regulations.
3
But a person is not an active member unless he is employed under a contract of employment for at least three months.
.
5
In regulation 3 (contributions payable by active members) —
a
for paragraph (2), substitute —
2
Subject to paragraph (4) the annual contribution rate to be applied to a person who becomes an active member is determined by his employing authority at the commencement of his membership on the basis of his pensionable pay in accordance with the following table.
Band Range Contribution rate
1 £0 to £12,000 5.5% 2 £12,001 to £14,000 5.8% 3 £14,001 to £18,000 5.9% 4 £18,001 to £30,000 6.5% 5 £30,001 to £40,000 6.8% 6 £40,001 to £75,000 7.2% 7 More than £75,000 7.5%
b
for paragraph (3), substitute —
3
On 1st April 2009, and each subsequent anniversary, the figures in the second column of the table in paragraph (2) (“ Range ”) are increased by applying the appropriate increase and rounding the result down to the nearest £100.
3A
In paragraph (3), “the appropriate increase” means the amount by which the figures would be increased with effect from 6th April of the relevant year if they were pensions to which the Pensions (Increase) Act 1971 applied
.
c
for paragraph (4) substitute —
4
a
Where there has been a permanent material change to the terms and conditions of a member’s employment which affect his pensionable pay in the course of a financial year, his employing authority may determine that the contribution rate to be applied in his case is not to be calculated in accordance with paragraph (2).
b
In such a case, the authority shall inform the member of the contribution rate applicable to him, and the date from which it is to be applied.
d
in paragraph (6), for the words “But a term-time worker” substitute “But a whole time term-time worker”.
e
in paragraph (10), at the end add “at the rate applicable to the sum of his pensionable pay in each such employment”.
6
In regulation 5 (benefits) at the end insert —
3
Subject to paragraph (4), a member who has satisfied one of the conditions in paragraph (1) need not satisfy either of them again if he ceases to be an active member and subsequently becomes such a member again before drawing benefits under regulation 16, 17, 19, 20, 30 or 31.
4
Paragraph (3) does not apply to a member in respect of whom a transfer payment has been made under regulations 79 to 82 of the Administration Regulations.
7
For regulation 6 (periods of membership), substitute —
6
These are the periods that count as periods of membership (and which may accordingly be aggregated under regulation 16, or as the case may be, 17 of the Administration Regulations) —
a
any period for which a member has paid (or is treated as having paid) contributions under regulation 3;
b
any period added under regulation 12 or 20; and
c
any period added following a transfer in of pension rights under regulations 83 to 87 of the Administration Regulations.
.
8
In regulation 7(5) (calculation of length of periods of membership) for the word “benefit” substitute “annual pension”.
9
1
In regulation 8 (final pay: general) for paragraphs (1) and (2) substitute —
1
Subject to regulations 9 to 11, a member’s final pay for an employment is his pensionable pay for as much of the final pay period as he is entitled to count as active membership in relation to that employment.
2
A member’s final pay period is the year ending with the day on which he stops being an active member or, if that would produce a higher figure, either of the two immediately preceding years.
2
Omit regulation 8(2A) .
10
Omit regulation 9(5) (final pay: reserve forces, maternity leave etc.).
11
For regulation 10 (final pay: reductions), substitute —
10
1
Subject to paragraph (2), where a member’s pensionable pay in a continuous period of employment is reduced because he chooses to be employed by the same employer at a lower grade or with less responsibility, he may choose to have his final pay calculated as mentioned in paragraph (3).
2
Paragraph (1) does not apply if the member’s employment at a lower grade or with less responsibility —
a
commences before the beginning of the period of ten years ending with his last day as an active member; or
b
immediately follows a period in which he occupies a post on a temporary basis.
3
The calculation is made by dividing by three the member’s annual pensionable pay in any three consecutive years of his choice ending with 31st March within the period of ten years ending with his last day as an active member.
4
Paragraph (1) applies to a member who has been the subject of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply as if the transferor employer were the same employer as the transferee employer.
.
12
In regulation 18 (flexible retirement) —
a
in paragraph (1), for “and the authority may pay those benefits”, substitute “and such benefits may, with his employer’s consent, be paid”.
b
in paragraph (4), for “In”, substitute “Subject to paragraph (4A), in”.
c
after paragraph (4), insert —
4A
Paragraph (4) only applies to a member whose employment has been continuous with that same employer throughout that period.
4B
For the purposes of paragraph (4A), the employment of a member who has been the subject of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply shall be treated as being continuous employment with the transferee employer.
.
d
for paragraph (5), substitute —
5
The value of any benefits paid to a member under paragraph (1) shall be taken into account in any subsequent calculation of his benefits under regulation 16, 17, 19, 20, 30 or 31 in accordance with guidance issued by the Government Actuary.
.
13
For regulation 20 (early leavers: ill-health) substitute —
20
1
If an employing authority determine, in the case of a member who satisfies one of the qualifying conditions in regulation 5 —
a
to terminate his employment on the grounds that his ill-health or infirmity of mind or body renders him permanently incapable of discharging efficiently the duties of his current employment; and
b
that he has a reduced likelihood of obtaining any gainful employment before his normal retirement age,
they shall agree to his retirement pension coming into payment before his normal retirement age in accordance with this regulation in the circumstances set out in paragraph (2), (3) or (4), as the case may be.
2
If the authority determine that there is no reasonable prospect of his obtaining any gainful employment before his normal retirement age, his benefits are increased —
a
as if the date on which he leaves his employment were his normal retirement age; and
b
by adding to his total membership at that date the whole of the period between that date and the date on which he would have retired at normal retirement age.
3
If the authority determine that, although he cannot obtain gainful employment within three years of leaving his employment, it is likely that he will be able to obtain any gainful employment before his normal retirement age, his benefits are increased —
a
as if the date on which he leaves his employment were his normal retirement age; and
b
by adding to his total membership at that date 25% of the period between that date and the date on which he would have retired at normal retirement age.
4
If the authority determine that it is likely that he will be able to obtain any gainful employment within three years of leaving his employment, his benefits —
a
are those that he would have received if the date on which he left his employment were the date on which he would have retired at normal retirement age; and
b
unless discontinued under paragraph (8), are payable for so long as he is not in gainful employment.
5
Before making a determination under this regulation, an authority must obtain a certificate from an independent registered medical practitioner qualified in occupational health medicine as to whether in his opinion the member is suffering from a condition that renders him permanently incapable of discharging efficiently the duties of the relevant employment because of ill-health or infirmity of mind or body and, if so, whether as a result of that condition he has a reduced likelihood of obtaining any gainful employment before reaching his normal retirement age.
6
A person who receives benefits under paragraph (4) shall —
a
inform the authority if he obtains employment; and
b
answer any inquiries made by the authority as to his current employment status, including as to his pay and working hours.
7
a
Once benefits have been in payment to a person for 18 months, the authority shall make inquiries as to his current employment.
b
If he is not in gainful employment, the authority shall obtain a further certificate from an independent registered medical practitioner as to the matters set out in paragraph (5).
8
a
The authority shall discontinue the payment of benefits under paragraph (4) if they consider —
i
that the person is in gainful employment; or
ii
in reliance on the certificate obtained under paragraph (7)(b), that he is capable of obtaining such employment
and may recover any payment made in respect of any period before discontinuance during which they consider him to have been in gainful employment.
b
The authority shall in any event discontinue the payment of benefits under paragraph (4) after they have been in payment to a person for three years.
c
The authority shall forthwith notify the appropriate administering authority of any action they have taken under this paragraph.
9
A person in respect of whom the payment of benefits is discontinued under paragraph (8) shall be treated as a pensioner member with deferred benefits from the date the suspension takes effect, and shall not be eligible to receive benefits under paragraph (4) in respect of any future period.
10
If a person in respect of whom the payment of benefits is discontinued under paragraph (8) subsequently becomes an active member of the Scheme, his earlier period of active membership in respect of which benefits were paid under paragraph (4) shall not be aggregated with his later active membership.
11
a
An authority which has made a determination under paragraph (4) in respect of a member may make a subsequent determination under paragraph (3) in respect of him.
b
Any increase in benefits payable as a result of any such subsequent determination is payable from the date of that determination.
12
a
Subject to sub-paragraph (b) and to paragraph (13), in the case of a member in part-time service, the period to be added under paragraph (2)(b) or (3)(b), as the case may be, is calculated in accordance with regulation 7(3) as if he had remained in such part-time service until his normal retirement age.
b
If the certificate obtained under paragraph (5) states that, in the medical practitioner’s opinion, the member is wholly or partly in part-time service as a result of the condition that has caused him to be incapable of discharging efficiently the duties of the relevant local government employment, no account shall be taken of such reduction in his service as is attributable to that condition.
13
But if, in the case of a person who is a member before 1st April 2008, and who has attained the age of 45 before that date, the period to be added under paragraph (2)(b) or (3)(b) is less than the period that would have been added had regulation 28 of the 1997 Regulations applied, then his benefits are increased by adding the latter period.
14
In this regulation –
“gainful employment” means paid employment for not less than 30 hours in each week for a period of not less than 12 months;
“permanently incapable” means that the member will, more likely than not, be incapable until, at the earliest, his 65th birthday; and
“qualified in occupational health medicine” means —
holding a diploma in occupational medicine (D Occ Med) or an equivalent qualification issued by a competent authority in an EEA State; and for the purposes of this definition, “competent authority” has the meaning given by the General and Specialist Medical Practice (Education, Training and Qualification) Order 2003 ; or
being an Associate, a Member or a Fellow of the Faculty of Occupational Medicine or an equivalent institution of an EEA State.
15
Where, apart from this paragraph, the benefits payable to a member in respect of whom his employing authority makes a determination under paragraph (1) before 1st October 2008 would place him in a worse position than he would otherwise be had the 1997 Regulations continued to apply, then those Regulations shall have effect in relation to him as if they were still in force instead of the preceding paragraphs of this regulation.
.
14
In regulation 25 (meaning of “nominated cohabiting partner”) —
a
in paragraphs (5) and (6), for “the Secretary of State” substitute “the administering authority”;
b
in paragraph (6)(b), for “in paragraph (2)” substitute “in paragraph (3)”; and
c
after paragraph (7) insert —
8
In this regulation, “member” means an active member or a former active member who has become a deferred or pensioner member in accordance with these Regulations.
.
15
For regulation 26 (meaning of “eligible child”), substitute —
26
1
Subject to paragraph (3), the child of a deceased member is an eligible child if he is wholly or mainly dependent on the member, and is less than 18 years of age, at the date of the member’s death.
2
But a child who is born on or after the first anniversary of the date of the member’s death is not an eligible child.
3
A dependent child who has reached the age of 18 but has not reached the age of 23 and is in full time education or undertaking vocational training at the date of the member’s death is an eligible child.
4
An appropriate administering authority may treat a dependent child who commences full time education or vocational training after the date of the member’s death as an eligible child after he reaches the age of 18 and until he reaches the age of 23 .
5
In the case of a dependent child falling within paragraph (4), an appropriate administering authority may —
a
treat education or training as continuous despite a break; and
b
suspend payment of any entitlement to benefits under regulation 28, 34 or 37 during such a break.
6
An appropriate administering authority may treat a dependent child who is disabled within the meaning of the Disability Discrimination Act 1995 as an eligible child.
.
16
For regulation 29 (calculation on leaving early) substitute —
29
1
This regulation applies in the case of a member who leaves his employment and is not entitled to immediate payment of retirement pension under any of regulations 16 to 20.
2
His entitlement to benefits that would, apart from any other provision of these Regulations, become payable on his attaining normal retirement age, is calculated in accordance with regulation 7 as at the date of his leaving such employment.
3
Subject to regulations 30 and 31, his retirement pension becomes payable on attaining normal retirement age.
4
But that entitlement is extinguished if an aggregation takes place under regulation 6(2) or if a transfer out takes place under regulations 78 to 80 of the Administration Regulations.
5
Where a member chooses not to receive payment of his retirement pension, or any part of it, immediately on attaining normal retirement age, his entitlement is enhanced in accordance with guidance issued by the Government Actuary.
17
1
In regulation 30 (choice of early payment of pension) —
a
in paragraph (2), omit “(but see paragraph (6))”;
b
at the end of paragraph (3) insert “calculated in accordance with regulation 29”;
c
in regulation 30(5), omit “and grant”; and
d
for regulation 30(6), substitute —
6
In the case of a person who is an active member on 31st March 2008, and who makes an election before 1st April 2010, paragraph (1) applies as if “the age of 50” were substituted for “the age of 55”.
18
For regulation 31 (early payment of pension: ill-health) substitute —
31
1
Subject to paragraph (2), if a member who has left his employment before he is entitled to the immediate payment of retirement benefits (apart from this regulation) becomes permanently incapable of discharging efficiently the duties of that employment because of ill-health or infirmity of mind or body he may ask to receive payment of his retirement benefits immediately, whatever his age.
2
Before determining whether to agree to a request under paragraph (1), an authority must obtain a certificate from an independent registered medical practitioner qualified in occupational health medicine as to whether in his opinion the member is permanently incapable of discharging efficiently the duties of the relevant employment because of ill-health or infirmity of mind or body and, if so, whether that condition is likely to prevent the member from obtaining gainful employment (whether in local government or otherwise) before reaching his normal retirement age, or for at least three years, whichever is the sooner .
3
In this regulation, “gainful employment”, “permanently incapable” and “qualified in occupational health medicine” have the same meaning as in regulation 20.
.
19
In regulation 33 (survivor benefits: deferred members), in paragraph (2), for “salary” substitute “pay”.
20
In regulation 35 (death grants: pensioner members), in paragraph (3), for “his pension multiplied by 10” substitute “his pension in payment multiplied by 10”.
21
In regulation 36 (survivor benefits: pensioners) in paragraph (2), for “salary” substitute “pay”.
22
For regulation 39 (commutation and small pensions), substitute —
39
1
A lump sum which is a trivial commutation lump sum within the meaning of section 166 of the Finance Act 2004 or a trivial commutation lump sum death benefit within the meaning of section 168 of that Act may be paid in accordance with the rules relating to the payment of such benefits under the Finance Act 2004.
2
Any payment under paragraph (1) is calculated in accordance with guidance issued by the Government Actuary.
3
The benefits referred to in paragraph (1) do not include any survivor benefit that is being paid to the member.
.
23
After regulation 40 (guidance on future costs), insert —
Pension debits
41
Administering authorities shall have regard to guidance issued by the Government Actuary as to reduction of benefits payable under these Regulations in consequence of a pension debit created under section 29 of the Welfare Reform and Pension Act 1999 .
No double entitlement
42
1
Where (apart from this regulation) any member would be entitled to a pension or retirement grant under two or more regulations by reason of the same period of membership —
a
he shall be entitled to benefits under only one regulation;
b
he may choose under which provision he is to be paid those benefits; and
c
if he does not choose, the administering authority may notify him in writing of the provision.
2
A member’s choice must be by notice in writing, given to the administering authority before the expiry of three months beginning with the day on which he becomes entitled to choose under which provision his pension or retirement grant is to be paid.
3
Paragraph (1) does not affect the member’s rights under the Pension Schemes Act 1993 .
4
This regulation also applies to any survivor benefits payable under regulation 24, 27, 33, 34, 36 or 37.
.
Amendment of the Local Government Pension Scheme (Administration) Regulations 2008
24
Regulation 56(1) of the Local Government Pension Scheme (Administration) Regulations 2008 is amended by substituting for the words “regulation 20(6) of the Benefits Regulations” the words “regulation 20(5) of the Benefits Regulations in respect of a determination under paragraph (2), (3) or (4) of that regulation”.
Amendment of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008
25
1
For regulation 9(3) of the Local Government Pension Scheme (Transitional Provisions) Regulations 2008 substitute —
3
But if the application of the table set out in paragraph (2) would result in a member’s contribution rate being higher than if the 2007 table applied, his contribution shall be paid at the lower rate.
.
2
In Schedule 1 to those Regulations, at the appropriate place in the list of provisions of the Local Government Pension Scheme Regulations 1997 which are saved from revocation, insert —
Regulation 10(3) to (5);
Regulation 66(8);
Schedule 3, paragraph 3 and Notes 1 and 2;
.
3
In that list, for “Regulations 83(1) to (8), (11) and (12)” substitute “Regulation 83”.
4
For paragraph 2(b) of Schedule 2 to those Regulations, substitute —
b
in any other case, 1st April 2008.
.
5
In paragraph 6(3) of that Schedule, for “paragraph 3(1)(c)” substitute “paragraph 3(1)(b)”.
6
For paragraph 7(1) of that Schedule substitute —
1
This paragraph applies to a member who retires, having reached the age of 60, on or after 1st April 2016 and before 1st April 2020, and whose retirement pension and grant would (but for the provisions of this paragraph) have been actuarily reduced by virtue of paragraphs 1 and 2.
.
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
14th April 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Corporation Tax (Implementation of the Mergers Directive) Regulations 2008.
2
These Regulations shall come into force on 8th July 2008.
3
For the effect of certain provisions of these Regulations, see regulations 3 and 6.
Interpretation
2
In these Regulations —
“ TCGA 1992 ” means the Taxation of Chargeable Gains Act 1992 ,
“ FA 1996 ” means the Finance Act 1996 , and
“ FA 2002 ” means the Finance Act 2002 .
Amendments to primary legislation
3
1
Schedules 1 to 3 to these Regulations make amendments to TCGA 1992, FA 1996 and FA 2002 relating to cross-border mergers and cross-border transfers of business.
2
Those Schedules have effect —
a
so far as relating to mergers —
i
in relation to mergers relating to the formation of an SE or SCE which take place on or after 18th August 2006, and
ii
in relation to all other mergers which take place on or after 1st January 2007, and
b
so far as relating to transfers, in relation to transfers which take place on or after 1st January 2007.
Commencement of 2007 Regulations
4
1
Regulation 3(1) of the Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 is deemed always to have had effect as if it also provided for Schedule 1 to those Regulations to have effect, so far as relating to cross-border mergers —
a
in relation to mergers relating to the formation of an SE or SCE which take place on or after 18th August 2006, and
b
in relation to all other mergers which take place on or after 1st January 2007.
2
Regulation 3(3) of those Regulations is deemed always to have had effect as if it also provided for Schedule 3 to those Regulations to have effect, so far as relating to cross-border transfers of business, in relation to transfers which take place on or after 1st January 2007.
Revocation
5
1
The repeal of section 116(8A) and (8B) of TCGA 1992 by paragraph 10 of Schedule 1 to the Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 is deemed never to have had effect.
2
Accordingly, that paragraph —
a
is revoked, and
b
is treated as if it were never included in those Regulations.
Transitional: references to Companies Act 2006
6
1
Until section 658 of the Companies Act 2006 (rule against limited company acquiring own shares) comes into force, references to that section in the provisions specified in Schedule 4 (transitional: references to Companies Act 2006) have effect as if they were references to section 143 of the Companies Act 1985 (general rule against companies acquiring own shares).
2
This regulation, so far as it has effect in relation to any provision specified in that Schedule, has the same effect as that provision has by virtue of regulation 3 of the Corporation Tax (Implementation of the Mergers Directive) Regulations 2007 (as read with regulation 4 of these Regulations).
Alan Campbell
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
16th June 2008


text:
Citation and commencement
1
These Regulations may be cited as the Tractor etc (EC Type-Approval) (Amendment) Regulations 2008 and shall come into force on 8th September 2008.
Amendment of the Tractor etc (EC Type-Approval) Regulations 2005
2
1
Regulation 2 of the Tractor etc (EC Type-Approval) Regulations 2005 is amended as follows.
2
After the definition of “certificate of conformity” insert —
“codified” in relation to a directive means codified in accordance with the procedure provided for in the interinstitutional agreement of 20 December 1994 on accelerated working method for the official codification of legislative texts made between the Commission of the European Communities, the European Parliament and the Council of the European Union ;
3
For the definition of “separate directive” substitute —
“separate directive” means —
a directive listed in Annex II , Chapter B of the Tractor Type Approval Directive; or
where such a directive has been codified, the codified directive,
as amended by such Community instruments as are in force on the day the Tractor etc (EC Type-Approval) (Amendment) Regulations 2008 are made;.
.
4
In the definition of “the Tractor Type Approval Directive” for “as read with Council Directive 2004/66/EC and as amended by Commission Directives 2005/13/EC and 2005/67/EC ” substitute “as amended by such Community instruments as are in force on the day the Tractor etc (EC Type-Approval) (Amendment) Regulations 2008 are made”.
Signed by the authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
23rd July 2008


text:
Citation and extent
1
1
This Order may be cited as the Police Act 1997 (Commencement No. 11) Order 2008.
2
This Order extends to Northern Ireland.
Commencement on 1st April 2008
2
The following provisions of the Police Act 1997 shall come into force on 1st April 2008 —
a
Section 112;
b
Section 113A;
c
Section 113B;
d
Section 113C;
e
Section 113D;
f
Section 113F;
g
Section 114;
h
Section 116;
i
Section 117;
j
Section 118; and
k
Section 119.
Paul Goggins
Minister of State
Northern Ireland Office
10th March 2008


text:
PART I General
Citation and commencement
1
These Regulations may be cited as the Postal Services (Consumer Complaints Handling Standards) Regulations 2008 and shall come into force on 1st October 2008.
Interpretation
2
In these Regulations —
“the Act” means the Consumers, Estate Agents and Redress Act 2007;
“ the Commission ” means the Postal Services Commission;
“complaint” means any expression of dissatisfaction made to an organisation, related to any one or more of its products, services or the manner in which the organisation has dealt with any such expression of dissatisfaction, where a response is explicitly or implicitly required or expected to be provided;
“complainant” means a person who has made a consumer complaint;
“complaints handling procedure” means, in relation to each regulated provider, a procedure which complies with Regulation 3 and which sets out how a consumer complaint can be made to, and will be handled and progressed by, that regulated provider;
“completed complaint” means a consumer complaint in respect of which there remains no outstanding action to be taken by the regulated provider in accordance with its complaint handling procedure;
“consumer complaint” means a complaint which is made against a regulated provider either —
by a person in that person’s capacity as a relevant consumer in relation to that regulated provider; or
by a person acting on behalf of such a relevant consumer;
“consumer complaint report” means the report which is to be prepared and published in accordance with Regulation 9;
“ Consumer Direct ” means the telephone and online consumer advice service operated by the Office of Fair Trading;
“contract customer” means a person who is a consumer in relation to a relevant postal service where the provision of the relevant postal service is governed by a contract between that consumer and the regulated provider;
“ the Council ” means the National Consumer Council established by section 1 of the Act;
“Office of Fair Trading” means the body of that name which is established by section 1 of the Enterprise Act 2002 ;
“qualifying redress scheme” means a redress scheme which is approved by the Commission in accordance with section 49 of the Act or which is administered and designated in accordance with section 47(1)(b) of the Act;
“regulated provider” means a person holding a licence under Part 2 of the Postal Services Act 2000 who provides relevant postal services to a relevant consumer.
“relevant consumer” means a person who is a consumer in relation to relevant postal services, including an addressee of mail, but excluding a consumer of a relevant postal service who is a contract customer in respect of that service;
“section 12 complaint” means a consumer complaint to which section 12(3) of the Act applies;
“specified time period” means the time period specified by the regulated provider in its complaint handling procedure or as otherwise agreed with a relevant consumer, as the maximum period that the regulated provider has to complete a consumer complaint before the relevant consumer who made that consumer complaint, or on whose behalf that consumer complaint was made, becomes entitled to refer that consumer complaint to a qualifying redress scheme;
“vulnerable consumer” means a person who is vulnerable for the purpose of section 12(2) of the Act; and
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
PART II Standards for handling consumer complaints
Regulated providers’ complaints handling procedure
3
1
Each regulated provider must have in place at all times a complaints handling procedure.
2
Each regulated provider must comply with its complaints handling procedure in relation to each consumer complaint made through that complaint handling procedure.
3
Each regulated provider’s complaints handling procedure must —
a
be transparent, simple and inexpensive;
b
be in plain and intelligible language;
c
allow for consumer complaints to be made orally or in writing (including electronically);
d
set out contact details to allow a relevant consumer to make a consumer complaint;
e
allow for consumer complaints to be progressed through each stage of the complaints handling procedure orally or in writing (including electronically);
f
allow for consumer complaints with no evidence base to be dealt with;
g
describe the process which the regulated provider will follow with a view to investigating and resolving a consumer complaint and the likely timescales for that process;
h
provide for an internal review of an existing consumer complaint where a complainant indicates that they would like such a review to occur because he or she is dissatisfied with the handling of that consumer complaint;
i
set out contact details for Consumer Direct;
j
describe the complainant’s right to refer a consumer complaint to a qualifying redress scheme —
i
from the point at which the regulated provider notifies the complainant in writing, that it is unable to complete the consumer complaint to the complainant’s satisfaction; or
ii
after the expiry of the specified time period.
4
Each regulated provider must, not less than once every three calendar years, review its complaints handling procedure and seek feedback from a reasonable number of complainants to ensure the complaints handling procedure meets the needs of relevant consumers.
Recording consumer complaints
4
1
Upon receipt of a consumer complaint made through its complaints handling procedure each regulated provider must record in a written or electronic format the following details —
a
the date that the consumer complaint was received;
b
whether the consumer complaint was made orally or in writing;
c
the identity and contact details of the complainant; and
d
a summary of the consumer complaint.
2
For each consumer complaint received through its complaints handling procedure the regulated provider must also record —
a
a summary of any subsequent contact with the complainant and any advice given or action taken in response to the consumer complaint;
b
the date (if any) on which the consumer complaint became a completed complaint; and
c
the date (if any) on which the regulated provider sends a written notice to a complainant in accordance with Regulation 5.
3
Where a regulated provider has recorded a consumer complaint as a completed complaint but within three months of the date of making that record a subsequent contact is made by or on behalf of the complainant in relation to that consumer complaint which indicates that it is not a completed complaint, the regulated provider —
a
must as soon as reasonably practicable take account of that consumer complaint in any report which it is obliged to prepare and publish in accordance with Regulation 9;
b
shall not otherwise be entitled to treat that consumer complaint as a completed complaint for the purposes of these Regulations until that consumer complaint is demonstrably a completed complaint.
Signposting consumers to the redress scheme if consumer complaints cannot be completed
5
1
Each regulated provider must send a notice to a complainant in accordance with paragraph (2) on the earlier of —
a
the first working day after the day on which the regulated provider becomes aware that it is not able to complete a consumer complaint made through its complaints handling procedure to the complainant’s satisfaction; or
b
the first working day after the day on which the specified time period for that consumer complaint expires.
2
The notice must be in writing (including electronically) or in such other format as may have been agreed with the complainant, to notify the complainant —
a
of their right to refer the consumer complaint to a qualifying redress scheme;
b
of the contact details of the qualifying redress scheme;
c
that the qualifying redress scheme process is independent of the regulated provider;
d
that the qualifying redress scheme process is free of charge to the complainant;
e
of the types of redress that may be available under a qualifying redress scheme; and
f
that any outcome of the qualifying redress scheme process is binding upon the regulated provider but not upon the complainant.
Allocation and maintenance of adequate resources for complaints handling
6
Each regulated provider must allocate and maintain such level of resources as may reasonably be required to enable that regulated provider to receive, handle and process consumer complaints made through its complaints handling procedure in an efficient and timely manner and in accordance with these Regulations.
Vulnerable consumers
7
1
Each regulated provider must put in place arrangements to deal with section 12 complaints made through its complaints handling procedure.
2
If a regulated provider identifies a consumer as a vulnerable consumer with a consumer complaint, or the Council refers such a consumer to a regulated provider, that regulated provider must take such additional steps as it considers necessary or appropriate with a view to assisting that vulnerable consumer and completing their consumer complaint in an appropriate and prompt manner.
PART III Supply of information to consumers
Information to be provided to consumers
8
1
Each regulated provider must —
a
publish its complaints handling procedure in such a manner as will ensure reasonable publicity for it;
b
ensure that its complaints handling procedure appears at a clear and prominent location on any relevant website it operates or controls; and
c
ensure that details of how to make a consumer complaint are made available at all its business premises which are accessible to the public, including the premises of its agents.
2
Where a regulated provider becomes aware, following contact by or on behalf of the complainant, that a consumer complaint which the regulated provider had recorded as a completed complaint is not a completed complaint, the regulated provider must as soon as reasonably practicable —
a
direct the complainant to the complaints handling procedure; and
b
offer to provide a copy of the complaints handling procedure to the complainant free of charge.
3
Each regulated provider must provide a copy of its complaints handling procedure, free of charge, to any person who requests it.
Publication of information on consumer complaints
9
1
Each regulated provider must —
a
publish by 30th June each year a consumer complaints report in such a manner as will ensure reasonable publicity for it;
b
publish its consumer complaints report at a clear and prominent location on any website it operates or controls; and
c
provide a copy of its consumer complaints report, free of charge, to any person who requests it.
2
A consumer complaints report is a report in relation to the twelve month period ending on 31st March of the year in which the report is published which contains the following information —
a
the number of consumer complaints which the regulated provider received from relevant consumers, during that period, which had not become completed complaints within that period; and
b
the number of consumer complaints which the regulated provider received from relevant consumers, during that period, which had become completed complaints within that period,
in each case presenting the information broken down by no more than ten of the main causes of consumer complaint.
The seal of the Postal Services Commission here affixed is authenticated by the signature of
Sarah Chambers
A member of the Postal Services Commission
3rd September 2008
I consent
Gareth Thomas
Parliamentary Under Secretary of State for Trade and Consumer Affairs
Department for Business, Enterprise & Regulatory Reform
2nd September 2008


text:
Citation, commencement and application
1
These Regulations, which apply in England only, may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2008 and shall come into force on 1st April 2008.
Amendments
2
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 are amended as follows.
Interpretation
3
In paragraph (2) of regulation 1 (citation, commencement and interpretation), omit the definition of “combined authority”.
Content of demand notices
4
In paragraph (2) of regulation 3 (content of demand notices, etc. ), for “17” substitute “24”.
Schedule 1
5
For Schedule 1, substitute the Schedule in Part 1 of the Schedule to these Regulations.
Schedule 2
6
For Schedule 2, substitute the Schedule in Part 2 of the Schedule to these Regulations.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
18th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008.
2
These Regulations come into force on the day after the day on which they are made, except that —
a
regulations 3, 6 and 9 come into force on 26th October 2009;
b
regulations 4, 7 and 10 come into force on 25th October 2010.
3
Paragraph (2) is subject to the provisions in the Schedule.
4
In these Regulations —
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobcentre Plus Regulations ” means the Social Security (Jobcentre Plus Interviews) Regulations 2002 ;
“the Lone Parents Regulations ” means the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 ;
“lone parent” has the same meaning as in regulation 2(1) of the Income Support Regulations.
Amendment of the Income Support Regulations from the day after the day on which these Regulations are made
2
1
Schedule 1B (prescribed categories of person) to the Income Support Regulations is amended as follows.
2
For paragraph 1 substitute —
Lone Parents
1
A person who is a lone parent and responsible for —
a
a single child aged under 12, or
b
more than one child where the youngest is aged under 12,
who is a member of that person’s household.
.
Amendment of the Income Support Regulations from 26th October 2009
3
1
Schedule 1B (prescribed categories of person) to the Income Support Regulations is amended as follows.
2
For paragraph 1 (as substituted by regulation 2 of these Regulations) substitute —
Lone Parents
1
A person who is a lone parent and responsible for —
a
a single child aged under 10, or
b
more than one child where the youngest is aged under 10,
who is a member of that person’s household.
.
Amendment of the Income Support Regulations from 25th October 2010
4
1
Schedule 1B (prescribed categories of person) to the Income Support Regulations is amended as follows.
2
For paragraph 1 (as substituted by regulation 3 of these Regulations) substitute —
Lone Parents
1
A person who is a lone parent and responsible for —
a
a single child aged under 7, or
b
more than one child where the youngest is aged under 7,
who is a member of that person’s household.
.
Amendment of the Lone Parents Regulations from the day after the day on which these Regulations are made
5
1
The Lone Parents Regulations are amended as follows.
2
In regulation 2(1) (general requirement for lone parents claiming or entitled to income support to take part in an interview) , after “regulations” insert “2ZA,”.
3
After regulation 2 insert —
Requirement for certain lone parents to take part in an interview
2ZA
1
This regulation applies to a lone parent if —
a
he is entitled to income support and is a person to whom paragraph 1 (lone parents) of Schedule 1B to the Income Support (General) Regulations 1987 applies;
b
no other paragraph of that Schedule applies to him; and
c
he is responsible for and living in the same household as —
i
a single child aged 9, 10 or 11, or
ii
more than one child where the youngest is aged 9, 10 or 11.
2
Subject to regulations 4 to 6, a lone parent to whom this regulation applies is required to take part in an interview every 13 weeks after he —
a
last took part,
b
last failed to take part, or
c
was last treated as having taken part,
in an interview.
3
A lone parent who —
a
is required to take part in an interview under this regulation, or
b
has had a requirement to take part in an interview under this regulation waived or deferred,
is not required to take part in an interview under regulation 2 unless this regulation ceases to apply to him.
.
4
In regulation 4 (circumstances where requirement to take part in an interview does not apply) —
a
in paragraph (3) for “2A and 2B” substitute “2ZA, 2A and 2B”;
b
in paragraph (4), at the end add “, under regulation 2ZA of these Regulations or regulation 4A of the Social Security (Jobcentre Plus Interviews) Regulations 2002”.
5
In regulations 5(2) (deferment of requirement to take part in an interview) and 6(2)(a)(waiver), for “2, 2A and 2B” substitute “2, 2ZA, 2A and 2B”.
6
In regulation 7(3)(b) (consequences of failure to take part in an interview) , after “2(3) or (4),” insert “2ZA,”.
Amendment of the Lone Parents Regulations from 26th October 2009
6
In regulation 2ZA(1) of the Lone Parents Regulations, as inserted by regulation 5(3), for “9, 10 or 11” in both places substitute “6, 7, 8, or 9”.
Amendment of the Lone Parents Regulations from 25th October 2010
7
In regulation 2ZA(1) of the Lone Parents Regulations, as amended by regulation 6, for “6, 7, 8 or 9” in both places substitute “6”.
Amendment of the Jobcentre Plus Regulations from the day after the day on which these Regulations are made
8
1
The Jobcentre Plus Regulations are amended as follows.
2
In regulation 4(1) (continuing entitlement to specified benefit dependent on an interview) , for “6 to 9” substitute “4A and 6 to 9”.
3
After regulation 4 insert —
Requirement for certain lone parents to take part in an interview
4A
1
This regulation applies to a lone parent who —
a
is entitled to income support and is a person to whom paragraph 1 (lone parents) of Schedule 1B to the Income Support (General) Regulations 1987 applies;
b
does not fall within any other paragraph of that Schedule; and
c
is responsible for and living in the same household as —
i
a single child aged 9, 10 or 11, or
ii
more than one child where the youngest is aged 9, 10 or 11.
2
Subject to regulations 6 to 9, a lone parent to whom this regulation applies is required to take part in an interview every 13 weeks after he —
a
last took part,
b
last failed to take part, or
c
was last treated as having taken part,
in an interview.
3
A lone parent who —
a
is required to take part in an interview under this regulation, or
b
has had a requirement to take part in an interview under this regulation waived or deferred,
is not required to take part in an interview under regulation 4 unless this regulation ceases to apply to him.
.
4
In regulation 5(b) (time when interview is to take place) , after “4(1)” insert “or 4A(2)”.
5
In regulation 6(2)(a) (waiver of a requirement to take part in an interview), for “3 or 4” substitute “3, 4 or 4A”.
6
In regulation 8(1) (exemptions) , for “4 or 7(2)” substitute “4 or 4A or 7(2)”.
7
In regulation 12(2)(c)(failure to take part in an interview) , for “4” substitute “4 or 4A”.
Amendment of the Jobcentre Plus Regulations from 26th October 2009
9
In regulation 4A(1) of the Jobcentre Plus Regulations, as inserted by regulation 8(3), for “9, 10 or 11” in both places substitute “6, 7, 8 or 9”.
Amendment of the Jobcentre Plus Regulations from 25th October 2010
10
In regulation 4A(1) of the Jobcentre Plus Regulations, as amended by regulation 9, for “6, 7, 8 or 9” in both places substitute “6”.
Amendment of the Jobseeker’s Allowance Regulations 1996
11
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 5 (exceptions to requirement to be available immediately: carers etc. ) —
a
in paragraph (1) at the beginning, insert “Subject to paragraph (1A),”;
b
after paragraph (1), insert —
1A
In order to be regarded as available for employment, a person who has caring responsibilities in relation to a child is not required to take up employment or attend for interview within the periods referred to in paragraph (1) if those responsibilities make it unreasonable for him to do so, providing he is willing and able —
a
to take up employment on being given 28 days notice; and
b
to attend for interview in connection with the opportunity of any such employment on being given 7 days notice.
1B
For the purposes of paragraph (1A), it is for the claimant to show that it is unreasonable for him to take up employment or attend for interview within the periods referred to in paragraph (1).
.
c
in paragraph (5) —
i
for “(1) or (2)” substitute “(1), (1A) or (2)”; and
ii
omit “one week, 48 hour and 24 hour”.
3
In regulation 6 (employment of at least 40 hours per week), for “(3) or (4)” in both places substitute “(3), (3A) or (4)”.
4
In regulation 8 (other restrictions on availability), for “13(2), (3), (4)” substitute “13(2), (3), (3A) or (4)”.
5
In regulation 11(1) (part-time students) —
a
in sub-paragraph (b) for “13(3) or (4)” substitute “13(3), (3A) or (4)”;
b
for “(1), (2) or (3)” substitute “(1), (1A), (2) or (3)”.
6
In regulation 12(1)(a) (volunteers) for “13(3) or (4)”, substitute “13(3), (3A) or (4)”.
7
In regulation 13 (additional restrictions on availability for certain groups) —
a
in paragraph (2), for “(3) or (4)” substitute “(3), (3A) or (4)”;
b
after paragraph (3) insert —
3A
A person who has caring responsibilities in relation to a child and who —
a
is the subject of a parenting order concerning that child under section 8 of the Crime and Disorder Act 1998 , section 20 of the Anti-social Behaviour Act 2003 (“the 2003 Act ”), or in relation to Scotland, under section 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 , or
b
has entered into a parenting contract concerning that child under section 19 of the 2003 Act,
may restrict his availability in any way providing the restrictions are reasonable in the light of the terms of the order or contract.
;
c
after paragraph (5), insert —
6
This paragraph applies to a person who has caring responsibilities in relation to a child if an employment officer determines that, due to the type and number of employment vacancies within daily travelling distance of the person’s home, he would not satisfy the condition in paragraph (4)(b).
7
Paragraph (4) has effect in relation to a person to whom paragraph (6) applies as if sub-paragraph (b) were omitted.
.
8
In regulation 14 (circumstances in which a person is to be treated as available) —
a
after sub-paragraph (1)(s) , add —
t
he is looking after a child for whom he has caring responsibilities during the child’s school holidays or another similar vacation period and it would be unreasonable for him to make other arrangements for the care of that child;
u
he is looking after a child for whom he has caring responsibilities at a time when the child —
i
is excluded from school or another educational establishment, and
ii
is not receiving education pursuant to arrangements made by a local education authority or (in Scotland) an education authority, and
there are no other arrangements for the care of that child it would be reasonable for him to make
;
b
in paragraph (2) at the beginning, insert “Subject to paragraph (2ZB),”;
c
after paragraph (2), insert —
2ZA
A person who has caring responsibilities in relation to a child may be treated as available for employment for more than one week, but for no more than 8 weeks, on the occurrence of any of the circumstances set out in paragraph (2)(a) or (b), or any combination of those circumstances, but on no more than one occasion in any period of 12 months.
2ZB
Where a claimant has been treated as available for employment under paragraph (2ZA) in any period of 12 months, the first week in which he is so treated shall count towards the 4 periods allowable under paragraph (2).
; and
d
in paragraph (2A), in both places for “13(3) or (4)” substitute “13(3), (3A) or (4)”.
9
In regulation 17(1) (laid-off and short-time workers) for “(1) or (2)” substitute “(1), (1A) or (2)”.
10
In regulation 19(1)(o) (circumstances in which a person is to be treated as actively seeking employment), for “14(2)” substitute “14(2) or (2ZA)”.
11
In regulation 30 (circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23) —
a
after paragraph (a) insert —
aa
where, if regulation 5(1A) applies in his case, he was required to attend on a date less than 7 days from receipt by him of the notification;
;
b
in paragraph (c), for “(r) or (s) or 14(2)” substitute “(r) to (u) or 14(2) or (2ZA)”.
12
In regulation 72 (good cause for the purposes of section 19(5)(a) and 6(c) and (d)) —
a
after paragraph (2)(f) add —
g
any child care expenses which were, or would be, necessarily incurred by the person as a result of his being in the employment or of carrying out the jobseeker’s direction if those expenses did, or would, represent an unreasonably high proportion of —
i
in the case of employment, the remuneration which it is reasonable to expect that he would derive from that employment; or
ii
in any other case, the income which he received, or would receive, while carrying out the jobseeker’s direction.
.
b
after paragraph (2) insert —
2A
For the purposes of paragraph (2)(d), where the person has caring responsibilities in relation to a child, in considering whether those responsibilities would, or did, make it unreasonable for him to undertake a particular employment or carry out the jobseeker’s direction, regard shall be had, in particular, to the following matters —
a
child care would not be, or was not, reasonably available to him, or
b
if it would be, or it was, available, it would be, or was, unsuitable due to his particular needs or those of the child.
;
c
in paragraph (3), after “(2)(f)” insert “and (g)”;
d
in paragraph (6)(a) , after “(2)(f)” insert “or (g);”.
13
After regulation 73 (good cause for the purposes of section 19(5)(b)) insert —
Just cause for the purpose of sections 19(6)(b) and 20A(2)(e)
73A
1
This regulation applies for the purposes of section 19 (circumstances in which a jobseeker’s allowance is not payable) and section 20A (denial or reduction of joint-claim jobseeker’s allowance).
2
In determining whether a person has just cause for any act or omission for the purposes of section 19(6)(b) and section 20A(2)(e), the matters which are to be taken into account shall include the following —
a
any caring responsibilities for a child which made it unreasonable for the person to remain in his employment;
b
any child care expenses which were necessarily incurred by the person as a result of his being in the employment if those expenses represented an unreasonably high proportion of the remuneration which he derived from the employment.
3
For the purposes of paragraph (2)(a), in considering whether the caring responsibilities made it unreasonable for the person to remain in his employment, regard shall be had, in particular, to the following matters —
a
child care would not be, or was not, reasonably available to him, or
b
if it would be, or it was, available, it would be, or was, unsuitable due to his particular needs or those of the child.
4
For the purposes of paragraph (2)(b), in considering whether child care expenses represented an unreasonably high proportion of remuneration, the principle shall apply that the greater the level of remuneration the higher the proportion which it is reasonable should be represented by such expenses.
.
14
In regulation 140(1)(b) (meaning of “person in hardship”) , for “young person” in both places substitute “child or young person”.
Amendment of the Employment and Support Allowance Regulations 2008
12
1
The Employment and Support Allowance Regulations 2008 are amended as follows —
2
In regulation 7(1) (circumstances where the condition that the assessment phase has ended before does not apply) —
a
at the end of sub-paragraph (a), omit “or”; and
b
at the end of sub-paragraph (b), insert —
or
c
i
the claimant’s entitlement to an employment and support allowance commences within 12 weeks of the claimant’s entitlement to income support coming to an end;
ii
in relation to that entitlement to income support, immediately before it ended the claimant’s applicable amount included the disability premium by virtue of satisfying the conditions in paragraphs 11 and 12 of Schedule 2 to the Income Support Regulations; and
iii
that entitlement to income support ended solely by virtue of the coming into force, in relation to the claimant, of the Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008.
.
Savings and transitional provisions applicable to certain full-time students and full-time participants in New Deal for Lone Parents
13
1
This regulation applies to a lone parent if the following two conditions are met.
2
The first condition is that —
a
immediately before the specified day the person was entitled to income support as a lone parent;
b
paragraph 1 is the only paragraph of Schedule 1B to the Income Support Regulations (prescribed categories of person) that applies to him or her; and
c
on and after the specified day the person is responsible for —
i
a single child aged 6 or over, or
ii
more than one child where the youngest child is aged 6 or over,
who is a member of that person’s household.
3
The second condition is that immediately before the specified day applicable in that person’s case, and on and after that day, he or she is also —
a
a full-time student attending or undertaking a full-time course of advanced education or a full-time course of study or on a sandwich course, or
b
following a full-time course of training or instruction provided pursuant to arrangements made by the Secretary of State known as the New Deal for Lone Parents or pursuant to a scheme which has been approved by the Secretary of State as supporting the objectives of those arrangements.
4
This regulation does not apply to a person or (as the case may be) it ceases to apply to a person if he or she makes a further claim to income support on or after the specified day applicable in that person’s case.
5
Notwithstanding regulation 2, 3 or 4 (as the case may be), where this regulation applies to a lone parent —
a
paragraph 1 of Schedule 1B to the Income Support Regulations as in force in relation to that person at the beginning of the period of study referred to in paragraph (3)(a) shall continue to have effect in relation to that person during that period for so long as he or she remains a full-time student;
b
paragraph 1 of Schedule 1B to the Income Support Regulations as in force at the beginning of the particular course of training or instruction referred to in paragraph (3)(b) shall continue to have effect in relation to that person for so long as the person is following that full-time course; and
c
any requirement to take part in a work-focused interview every 13 weeks in accordance with the Lone Parents Regulations or the Jobcentre Plus Regulations (as amended by regulations 5 to 10) shall continue to apply in relation to that person after a time when, apart from this paragraph, the requirement would cease to apply because of an increase in the age of that person’s child or youngest child.
6
Where a lone parent ceases to be a full-time student or to follow a full-time course of training or instruction for the purpose of this regulation, the application of this regulation in relation to that person shall not prejudice the application in relation to him or her of the provisions specified in the Schedule.
7
For the purposes of this regulation —
“full-time course of advanced education”, “full-time course of study” and “sandwich course” have the same meaning as in regulation 61of those Regulations;
“full-time student” and “period of study” have the same meaning as in regulation 2(1) of the Income Support Regulations;
“specified day” means —
the day after the day on which these Regulations are made, in relation to a lone parent who, on the day after the day on which they are made, is responsible for —
a single child aged 11, 12, 13, 14 or 15, or
more than one child where the youngest child is aged 11, 12, 13, 14 or 15,
who is a member of that person’s household;
26th October 2009, in relation to a lone parent who, on that day, is responsible for —
a single child aged 9, 10 or 11, or
more than one child where the youngest child is aged 9, 10 or 11,
who is a member of that person’s household;
25th October 2010, in relation to a lone parent who, on that day, is responsible for —
a single child aged 6, 7, 8 or 9, or
more than one child where the youngest child is aged 6, 7, 8 or 9,
who is a member of that person’s household.
Signed by authority of the Secretary of State for Work and Pensions.
Jonathan Shaw
Parliamentary Under-Secretary of State,
Department for Work and Pensions
23rd November 2008