type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Housing Costs Special Arrangements) (Amendment) Regulations 2009, and (subject to paragraph (2)) shall come into force on 5th January 2010.
2
Regulations 4, 5 and 6(a), in so far as they relate to a particular person, come into force on the first day of the first benefit week to commence for that person on or after 5th January 2010.
3
In these Regulations —
“benefit week” has the same meaning as in regulation 1(4) of the principal Regulations ;
“the principal Regulations” means the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3(3) and (4) (application) of the principal Regulations for “he or she” in both places substitute “that person”.
Amendment of regulation 6 of the principal Regulations
3
In regulation 6(a) (modification of the Jobseeker’s Allowance Regulations) of the principal Regulations, in sub-paragraph (3)(a) of the new paragraph 4A to be treated as inserted in the Jobseeker’s Allowance Regulations 1996 , omit “or her”.
Amendment of regulation 8 of the principal Regulations
4
For regulation 8 (application and interpretation) of the principal Regulations substitute —
8
1
This Part applies on and after 5th January 2010 to a person (“C”) who —
a
claims a relevant benefit after 4th January 2009; and
b
satisfies any of the following conditions.
2
The first condition is that Part 2 applied to C at any time.
3
The second condition is that this Part (as it has effect on and after 5th January 2010) applied to C in relation to a previous award.
4
The third condition is that —
a
neither C nor C’s partner has been awarded a relevant benefit as the result of an earlier claim (whether the award was made before or on or after 5th January 2009);
b
neither C nor C’s partner is in receipt of state pension credit before the date on which C’s claim is made or treated as made; and
c
C does not fall to be treated under a linking rule as being in continuous receipt of the benefit to which C’s claim relates in respect of a period which begins on or before 4th January 2009 and which ends immediately before the date on which C’s claim is made or is treated as made.
5
The fourth condition is that —
a
C is not in receipt of a relevant benefit immediately before the date on which a claim made by C after 4th January 2009 is made or treated as made;
b
neither C nor C’s partner is in receipt of state pension credit before that claim is made or treated as made;
c
C or C’s partner was awarded a relevant benefit as the result of a claim made or treated as made before that claim; and
d
C does not fall to be treated under a linking rule as being in continuous receipt of a relevant benefit during the period which falls immediately between the date on which a claim to which this provision relates is made or treated as made and the last period to occur before that date in respect of which C was in receipt of a relevant benefit (whether as a single person or as a member of a couple or polygamous marriage).
6
The fifth condition is that —
a
C or C’s partner is in receipt of state pension credit before the date on which any claim for a relevant benefit made by C or C’s partner after 4th January 2009 is made or treated as made; and
b
none of the following provisions apply in relation to any such claim —
i
paragraph 3(2) (previous entitlement to other income-related benefits) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations ;
ii
paragraph 1A(1A) (previous entitlement to income-based jobseeker’s allowance, income-related employment and support allowance or state pension credit) of Schedule 3 (housing costs) to the Income Support Regulations ;
iii
paragraph 1A(1ZA) or (1B) (previous entitlement to income support, income-related employment and support allowance or state pension credit) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations .
7
In this regulation —
a “linking rule” means a provision of —
paragraph 15 (linking rule) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations,
paragraph 14 (linking rule) of Schedule 3 (housing costs) to the Income Support Regulations, or (as the case may be)
paragraph 13 (linking rule) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations;
“partner” has the same meaning as in regulation 1(3) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations .
.
Amendment of regulation 11 of the principal Regulations
5
In regulation 11 (modification of the Jobseeker’s Allowance Regulations) of the principal Regulations for paragraph (b) substitute —
b
after paragraph 4 (housing costs not met) there were inserted —
Housing costs: limitation applicable to qualifying loans
4A
1
Except as mentioned below, no amount may be met in respect of housing costs under paragraph 14 or 15 after the claimant has been in receipt of housing costs under either or both of those paragraphs (“relevant housing costs”) for a cumulative total of 104 weeks, beginning on or after 5th January 2009.
2
Sub-paragraphs (3) to (6) apply for the purposes of sub-paragraph (1).
3
No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to the claimant is to count towards the 104 week total.
4
Where sub-paragraph (5) applies to the claimant, relevant housing costs awarded to him in respect of a previous award of a jobseeker’s allowance are to be disregarded.
5
This sub-paragraph applies to the claimant where he does not fall to be treated under paragraph 13 (linking rule) as being in receipt of a jobseeker’s allowance for a continuous period beginning with the first day of the last period in respect of which he was not in receipt of a jobseeker’s allowance and ending immediately before his most recent claim is made or is treated as made.
6
Sub-paragraph (1) does not apply where —
a
the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was entitled to an employment and support allowance or income support before one of them becomes entitled to a jobseeker’s allowance; and
b
12 weeks or less has elapsed since the last day of that entitlement and the first day of entitlement to a jobseeker’s allowance.
.
.
Amendment of regulation 12 of the principal Regulations
6
In regulation 12 (modifications relating to certain persons who claim State Pension Credit) of the principal Regulations —
a
in paragraph (1)(c), for “Part 2 or 3 applies” substitute —
—
i
Part 2 applies, or
ii
Part 3 (as it has effect, in relation to the person or that person’s partner, on and after 5th January 2010) applies or would have applied had the person claiming state pension credit remained entitled to a relevant benefit.
;
b
in paragraph (1)(c), (d) and (e), for “his or her” substitute “that person’s”.
Signed by authority of the Secretary of State for Work and Pensions
Jonathan Shaw
Parliamentary Under-Secretary of State
Department for Work and Pensions
9th December 2009


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills Order 2009 and comes into force on 9th April 2009.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The person named in the Schedule to this Order is appointed Her Majesty’s Inspector of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Fixed Penalty (Procedure) (Amendment) Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations do not extend to Scotland.
Interpretation
2
In these Regulations, “the Principal Regulations ” mean the Fixed Penalty (Procedure) Regulations 1986 .
Amendment of the Principal Regulations
3
1
The Principal Regulations are amended as follows.
2
After regulation 1(3), insert the following —
4
These Regulations shall not apply if the fixed penalty notice is given or affixed by a vehicle examiner in accordance with the Road Traffic Offenders Act 1988.
.
3
In regulation 2(2), after “driving licence” insert “(if the offender holds a driving licence) or driving record (if the offender does not hold a driving licence)”.
4
In regulation 3(2), after “driving licence” insert “(if held)”.
5
In regulation 4(1), after “driving licence” insert “(if that person is a holder of a licence which has been surrendered or delivered)”.
6
In regulation 6, after “notice was given” where it appears for the second time, insert “, if that person holds a driving licence”.
7
In regulation 8, omit “to whom the driving licence was sent”.
Amendment of the Schedule to the Principal Regulations
4
The Schedule to the Principal Regulations is amended as follows —
1
In column 3 of item 1 (fixed penalty notice), in the entry marked (viii), after “surrendered the licence” add “, if he holds such a licence”.
2
In column 1 of items 2 and 3 (receipt for driving licence), after “driving licence” or “licence”, wherever either appears, add “if the offender holds a driving licence”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department of Transport
5th March 2009


text:
Citation, revocation and commencement
1
1
These Regulations may be cited as the Overhead Lines (Exemption) (England and Wales) Regulations 2009.
2
Subject to the transitional provisions in regulation 6, the Overhead Lines (Exemption) Regulations 1990 are revoked except in so far as they extend to Scotland .
3
These Regulations shall come into force on 6th April 2009.
Interpretation
2
In these Regulations —
“ the Act ” means the Electricity Act 1989;
“the 1990 Regulations ” means the Overhead Lines (Exemption) Regulations 1990;
“an existing line” means an electric line which —
has been installed or is kept installed above ground in accordance with a consent granted under section 37(1) of the Act; or
has been installed above ground and is an electric line to which section 37(1) of the Act does not apply either by virtue of paragraph 5(4) or (5) of Schedule 17 to the Act or by virtue of any provision of these Regulations.
Exemptions from section 37(1) of the Act
3
1
Section 37(1) of the Act shall not apply in relation to —
a
the installation or keeping installed of an electric line which —
i
connects an electric line installed below ground with apparatus mounted on a pole or structure; and
ii
is attached to the pole or structure throughout its length except where it passes through a fuse or other apparatus;
b
the installation or keeping installed of a wire or cable (including its casing or coating) which forms part of electronic communications apparatus (within the meaning given to that expression in paragraph 1 of Schedule 2 to the Telecommunications Act 1984 ) and which is supported, or carried by, or suspended from the supports for an existing line;
c
the installation or keeping installed, subject to the provisions of regulation 5, for a period not exceeding six months of an electric line (no part of which is within a European site or an SSSI ) which connects two points on an existing line which are no further apart than the maximum distance so as to provide a diversion for the existing line;
d
the installation or keeping installed of an electric line attached to a building (other than a scheduled monument, listed building or building in a conservation area) where the building in question crosses a road, railway or watercourse and its principal purpose is not the support of the electric line;
e
the installation or keeping installed, subject to the limitations in regulation 4 and the provisions of regulation 5, of an electric line (no part of which is within a European site or an SSSI) which replaces an existing line whether or not it is installed in the same position as the existing line in question; or
f
the installation or keeping installed, subject to the limitations in regulation 4 and the provisions of regulation 5, of one or more additional poles to support an existing line.
2
In this regulation —
“building” includes structure;
“conservation area” and “listed building” have the same meanings as in section 91 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“European site” has the same meaning as in regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994 ;
“the maximum distance” means —
in relation to an electric line which has a nominal voltage less than 66 kilovolts, 500 metres; and
in relation to any other electric line, 850 metres;
“scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 ; and
“SSSI” means a site of special scientific interest notified under sections 28 to 28D of the Wildlife and Countryside Act 1981 .
Limitations on the exemptions contained in regulation 3
4
1
The limitations referred to in regulation 3(1)(e) and (f) are —
a
that the electric line does not have a nominal voltage greater than the nominal voltage of the existing line;
b
that any conditions contained in a consent granted under section 37(1) of the Act or, as the case may be, under section 10(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 applicable to the existing line are complied with;
c
that the height above the surface of the ground of any support for the electric line does not exceed the height of the highest existing support or support which is being replaced by more than 10 per cent;
d
that where the electric line is installed in a different position from the existing line the distance between any small support and the existing line does not exceed 30 metres and the distance between any other support and the existing line does not exceed 60 metres; and
e
that where the electric line is installed in a different position from the existing line, the existing line is removed within twelve months from the date on which the installation of the electric line which replaces it is completed.
2
In this regulation —
a
any reference to the distance between a support and an existing line is a reference to the shortest distance between the centre of the base of that support and an imaginary line through the centre of the base of each support for the existing line; and
b
“a small support” means a support for an electric line which does not exceed 10 metres in height.
Further restrictions on the exemptions contained in regulation 3
5
1
The exemptions in regulation 3(1)(c), (e) and (f) shall not apply where —
a
the electric line is to be installed in a different position from the existing line; or
b
the height above the surface of the ground of any support for the electric line will exceed the height of the highest support which is to be replaced; or
c
subject to sub-paragraph (3), the installation will be in a National Park or an area of outstanding natural beauty,
and it is determined for the purposes of this regulation that there is likely to be a significant adverse effect on the environment.
2
For the purposes of this regulation it shall be determined that there is likely to be a significant adverse effect on the environment if —
a
notice is given by the person proposing to carry out the installation to the relevant planning authority of that proposal; and
b
the relevant planning authority, within six weeks of receiving that notice —
i
determines that if the installation were completed in accordance with the proposal it would in the opinion of that authority be likely to have a significant adverse effect on the environment; and
ii
notifies the person by whom the notice was given and the Secretary of State of that determination.
3
Where it is necessary to make emergency repairs to an existing line in a National Park or an area of outstanding natural beauty —
a
sub-paragraphs (1) and (2) do not apply; and
b
the person making those emergency repairs shall notify the relevant planning authority as soon as practicable that those repairs have been, are being or will be made.
4
In this regulation —
“area of outstanding natural beauty” means an area designated as such by order under section 82 of the Countryside and Rights of Way Act 2000 ;
“National Park” means an area designated as such by an order under section 5 of the National Parks and Access to the Countryside Act 1949 as confirmed by the Minister; and
“relevant planning authority” has the same meaning as in paragraph 2(6) of Schedule 8 to the Act .
Transitional provisions
6
The 1990 Regulations shall continue to have effect in relation to a proposal to install an electric line or additional pole or poles where —
a
the proposal has been notified to the relevant planning authority in accordance with regulation 5(2)(a) of those Regulations on or before 5th April 2009; and
b
the relevant planning authority has not made its determination in accordance with regulation 5(2)(b) of those Regulations before 6th April 2009.
Mike O’Brien
Minister of State,
Department of Energy and Climate Change
11th March 2009


text:
Citation and application
1
1
This Order may be cited as the School Admissions Code (Appointed Day) (England) Order 2009.
2
This Order applies in relation to England only.
Appointed Day
2
The day appointed for the coming into force of the School Admissions Code (a copy of a draft of which was laid before each House of Parliament on 4th December 2008) is 10th February 2009.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
9th February 2009


text:
Title, application and extent
1
This Order may be cited as the Specified Animal Pathogens (Amendment) Order 2009, applies in England, and comes into force on 21st December 2009.
Amendment to the Specified Animal Pathogen Order
2
The Specified Animal Pathogens Order 2008 is amended as set out in this Order.
3
In Part 1 of Schedule 1 (specified animal pathogens) after 34 (Peste des petits ruminants virus) insert —
34A
Porcine Reproductive and Respiratory Syndrome virus genotype 2
.
4
In paragraph 2 of Schedule 2 (seizure of pathogens) after sub-paragraph (2) insert —
3
Sub-paragraphs (1) and (2) do not apply in the case of the pathogen known as Porcine Reproductive and Respiratory Syndrome virus genotype 2.
.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
24th November 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Tax (Qualifying Child Care) Regulations 2009.
2
These Regulations come into force on 18th July 2009.
3
In these Regulations “ ITEPA 2003 ” means the Income Tax (Earnings and Pensions) Act 2003.
Amendment of section 318(5) of ITEPA 2003
2
In section 318(5) of ITEPA 2003 (exemption for employer-provided care), in paragraph (za), omit “Part 10A of the Children Act 1989 or”.
Amendment of section 318C of ITEPA 2003
3
1
Section 318C of ITEPA 2003 (meaning of “qualifying child care”) is amended as follows.
2
In subsection (2) —
a
omit paragraphs (a), (ea) and (g) (and the “or” before paragraph (g)), and
b
insert “or” at the end of paragraph (c).
3
In subsection (3)(g) omit “in relation to a child other than one whom the foster parent is fostering”.
4
In subsection (7) —
a
omit the “or” at the end of paragraph (b),
b
in paragraph (c), omit “(2)(ea) or”, and
c
at the end add
, or
d
if it is provided by a foster parent in respect of a child whom that foster parent is fostering
.
Dave Watts
Bob Blizzard
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd June 2009


text:
Citation and Commencement
1
This Order may be cited as the Visiting Forces and International Headquarters (Application of Law)(Amendment) Order 2009 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order “ 1999 Order ” means the Visiting Forces and International Headquarters (Application of Law) Order 1999 .
Preliminary
3
The 1999 Order shall be amended in accordance with Articles 4 and 5.
Amendment of Part II of Schedule 1 to the 1999 Order
4
In the list of countries contained in Part II of Schedule 1 to the 1999 Order —
a
“Bosnia-Herzegovina” shall be inserted between “Belgium” and “Bulgaria”;
b
“Croatia” shall be inserted between “Bulgaria” and “The Czech Republic”;
c
“Ireland shall be inserted between “Hungary” and “Italy”;
d
“Montenegro” shall be inserted between “Moldova” and “The Netherlands”;
e
“Serbia” shall be inserted between “Russia” and “Slovakia”; and
f
“Tajikistan” shall be inserted between “Switzerland” and “Turkey”.
New Schedule 2 to the 1999 Order
5
For Schedule 2 to the 1999 Order there shall be substituted —
SCHEDULE 2
HEADQUARTERS TO WHICH THE ORDER APPLIES
Article 3(2)
Headquarters of the Supreme Allied Commander Transformation ( HQ SACT )
Supreme Headquarters Allied Powers Europe ( SHAPE )
Maritime Component Command Headquarters Northwood ( CC-MAR HQ NORTHWOOD )
Commander Submarines Allied Naval Forces North ( COMSUBNORTH )
NATO Airborne Early Warning and Control Force ( NAEW&CF )
NATO Joint Electronic Warfare Core Staff ( NATO JEWCS )
Headquarters United Kingdom – Netherlands Amphibious Force ( UKNLAF )
Headquarters United Kingdom – Netherlands Landing Force ( UKNLLF )
The European Air Group ( EAG )
The Intelligence Fusion Centre ( IFC )
Headquarters Allied Rapid Reaction Corps ( HQ ARRC )
Judith Simpson
Clerk of the Privy Council


text:
This Order may be cited as the General Chiropractic Council (Constitution of the Statutory Committees) (Amendment) Rules Order of Council 2009 and shall come into force on 2nd November 2009.
Judith Simpson
Clerk of the Privy Council


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 2009 and shall come into force on 1st April 2009.
Amendments
2
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 are amended as follows.
Part 1 of Schedule 2 (Matters to be contained in rate demand notices)
3
In the explanatory notes in paragraph 7 of Part 1 of Schedule 2 —
a
for the text beginning with the heading “Small Business Rate Relief” and ending with “are available from the local authority” substitute —
Small Business Rate Relief
This relief is only available to ratepayers who apply to their local authority and who occupy either —
a
one property, or
b
one main property and other additional properties providing those additional properties each have a rateable value of less than £2,200.
The rateable value of the property mentioned in (a), or the aggregate rateable value of all the properties mentioned in (b), must be under £15,000 outside London or £21,500 in London on every day for which relief is being sought. If the rateable value, or aggregate rateable value, increases above those levels, relief will cease from the day of the increase.
Ratepayers who satisfy these conditions will have the bill for their single or main property calculated using the lower small business non-domestic rating multiplier rather than the ordinary non-domestic rating multiplier that is used to calculate the liability of other businesses.
In addition, if the single or main property is shown on the rating list with a rateable value of up to £10,000, the ratepayer will receive a percentage reduction in their rates bill for this property of up to a maximum of 50% for a property with a rateable value of not more than £5,000.
If an application for relief is granted, provided the ratepayer’s circumstances do not change, the application will not need to be renewed until the next revaluation of non-domestic premises, which happens every five years. Certain changes in circumstances will need to be notified to the local authority by the ratepayer (other changes will be picked up by the local authority). The changes which must be notified are —
a
the ratepayer taking up occupation of a property they did not occupy at the time of making their application for relief, and
b
an increase in the rateable value of a property occupied by the ratepayer in an area other than the area of the local authority which granted the relief.
Notification of these changes must be given to the local authority within 4 weeks of the day after the day the change happened. If this happens, there will be no interruption to the ratepayer’s entitlement to the relief. A notification that the ratepayer has taken up occupation of an additional property must be by way of a fresh application for relief; notice of an increase in rateable value must be given in writing.
Full details on the eligibility criteria and on how to apply for this relief are available from the local authority.
; and
b
after the text which begins with the heading “Hardship Relief” and before the heading “Rating Advisers” insert —
Schedule of Payments for Certain Backdated Liability
Ratepayers who face certain backdated rates liability may be able to discharge that liability over up to 8 years by agreement with their billing authority.
This may be possible if the backdated liability has arisen as a result of an alteration to a ratings list which:
means a hereditament is shown on that list for the first time;
has effect from a day that is at least 33 months prior to the date the alteration is made;
is made on or before 31st March 2010; and
is not the result of a proposal to alter a rating list made by the ratepayer or another interested person.
To be eligible, ratepayers must have occupied one or more properties affected by the type of rating list adjustment above, within the billing authority area, between the effective date of the list alteration and the date it was actually made, for 33 months or more. Ratepayers are not eligible if they were previously liable for rates in respect of a property “preceding” the new property assessment (i.e. a property that forms a part of a new merged property or a part of a property that has been split into two or more new properties).
With the agreement of their billing authority, eligible ratepayers will be able to discharge any outstanding liability that accrued between the effective date of the relevant list alteration and the date the alteration was made over a period of up to 8 years.
Further details on the criteria and the process to obtain a schedule of payments are available from your local authority.
.
Part 3 of Schedule 2
4
In the explanatory notes in paragraph 3 of Part 3 of Schedule 2 (special authorities) —
a
for the text beginning with the heading “Small Business Rate Relief” and ending with “are available from the local authority” substitute —
Small Business Rate Relief
This relief is only available to ratepayers who apply to their local authority and who occupy either —
a
one property, or
b
one main property and other additional properties providing those additional properties each have a rateable value of less than £2,200.
The rateable value of the property mentioned in (a), or the aggregate rateable value of all the properties mentioned in (b), must be under £15,000 outside London or £21,500 in London on every day for which relief is being sought. If the rateable value, or aggregate rateable value, increases above those levels, relief will cease from the day of the increase.
Ratepayers who satisfy these conditions will have the bill for their single or main property calculated using the lower small business non-domestic rating multiplier rather than the ordinary non-domestic rating multiplier that is used to calculate the liability of other businesses.
In addition, if the single or main property is shown on the rating list with a rateable value of up to £10,000, the ratepayer will receive a percentage reduction in their rates bill for this property of up to a maximum of 50% for a property with a rateable value of not more than £5,000.
If an application for relief is granted, provided the ratepayer’s circumstances do not change, the application will not need to be renewed until the next revaluation of non-domestic premises, which happens every five years. Certain changes in circumstances will need to be notified to the local authority by the ratepayer (other changes will be picked up by the local authority). The changes which must be notified are —
a
the ratepayer taking up occupation of a property they did not occupy at the time of making their application for relief, and
b
an increase in the rateable value of a property occupied by the ratepayer in an area other than the area of the local authority which granted the relief.
Notification of these changes must be given to the local authority within 4 weeks of the day after the day the change happened. If this happens, there will be no interruption to the ratepayer’s entitlement to the relief. A notification that the ratepayer has taken up occupation of an additional property must be by way of a fresh application for relief; notice of an increase in rateable value must be given in writing.
Full details on the eligibility criteria and on how to apply for this relief are available from the local authority.
; and
b
after the text which begins with the heading “Hardship Relief” and before the heading “Rating Advisers” insert —
Schedule of Payments for Certain Backdated Liability
Ratepayers who face certain backdated rates liability may be able to discharge that liability over up to 8 years by agreement with their billing authority.
This may be possible if the backdated liability has arisen as a result of an alteration to a ratings list which:
means a hereditament is shown on that list for the first time;
has effect from a day that is at least 33 months prior to the date the alteration is made;
is made on or before 31st March 2010; and
is not the result of a proposal to alter a rating list made by the ratepayer or another interested person.
To be eligible, ratepayers must have occupied one or more properties affected by the type of rating list adjustment above, within the billing authority area, between the effective date of the list alteration and the date it was actually made, for 33 months or more. Ratepayers are not eligible if they were previously liable for rates in respect of a property “preceding” the new property assessment (i.e. a property that forms a part of a new merged property or a part of a property that has been split into two or more new properties).
With the agreement of their billing authority, eligible ratepayers will be able to discharge any outstanding liability that accrued between the effective date of the relevant list alteration and the date the alteration was made over a period of up to 8 years.
Further details on the criteria and the process to obtain a schedule of payments are available from your local authority.
.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
23rd February 2009


text:
Citation and commencement
1
These Regulations may be cited as the General Teaching Council (Registration of Temporary Teachers from Relevant European States) (England and Wales) Regulations 2009 and come into force on 5th January 2010.
Interpretation
2
In these Regulations —
“another relevant European State” means a relevant European State other than the United Kingdom;
“the 2007 Regulations ” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 ;
“applicant teacher” means a person —
who falls within the description in regulation 6(3) of the 2007 Regulations;
whose home state (as defined in those Regulations) is another relevant European State; and
whose profession is that of a school teacher in that person’s home State;
“competent authority”, in relation to —
England, means the General Teaching Council for England;
Wales, means the General Teaching Council for Wales;
Scotland, means the General Teaching Council for Scotland;
Northern Ireland, means the General Teaching Council for Northern Ireland;
another relevant European State, has the meaning given by regulation 4(4) of the 2007 Regulations;
“registered teacher” means a teacher registered pursuant to regulation 4(2);
“relevant European State” means an EEA State or Switzerland;
“school” has the meaning given by section 134 of the Education Act 2002 .
Application
3
These Regulations apply to and in relation to applicant teachers who come to England or Wales to provide teaching services in schools on a temporary and occasional basis (as determined by the relevant competent authority pursuant to regulation 9(2) of the 2007 Regulations).
Functions of competent authorities in England and Wales
4
1
The competent authorities in England and Wales must each establish a register of applicant teachers to whom these Regulations apply (“the Register”).
2
Where an applicant teacher has supplied the competent authority in England or in Wales with the declaration and the documents referred to in regulations 11 and 12 respectively of the 2007 Regulations, it must —
a
register the name of that person in the Register, free of charge and within a period of 4 weeks of receiving the declaration and documents;
b
record in the Register against the name of that person each of the matters specified in the Schedule if that matter is known to the competent authority.
3
Upon request, the relevant competent authority must supply a registered teacher with a copy of the information recorded in the Register against the teacher’s name, free of charge.
Application of disciplinary provisions
5
The General Teaching Council for England (Disciplinary Functions) Regulations 2001 or the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001 , as the case may be, apply to and in relation to a registered teacher as if the teacher were registered in accordance with section 3 of the Teaching and Higher Education Act 1998 .
Specified work
6
1
Subject to paragraphs (2) and (3), an applicant teacher may only carry out specified work in a school in England or Wales if the person is a registered teacher.
2
An applicant teacher who has taken up a temporary teaching post in a school in England before 5th January 2010 is excepted from the requirement under paragraph (1) for a period of 4 weeks from that date.
3
An applicant teacher who takes up a temporary teaching post in a school in England on or after 5th January 2010 is excepted from the requirement under paragraph (1) for a period of 4 weeks from the date of taking up that post, provided the teacher supplied the relevant competent authority with the declaration and the documents referred to in regulations 11 and 12 respectively of the 2007 Regulations before taking up the post.
4
In this regulation “specified work” has the meaning given by regulation 6 of the Education (Specified Work and Registration) (England) Regulations 2003 or regulation 6 of the Education (Specified Work and Registration) (Wales) Regulations 2004 , as the case may be.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
4th December 2009


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2009 and come into force on 1st April 2009.
2
The Value Added Tax Regulations 1995 are amended as follows.
Claims for input tax
3
In regulation 29 (claims for input tax) —
a
in paragraph (1) for “Subject to paragraphs (1A) and (2) below” substitute “Subject to paragraph (1A) below”,
b
at the end of paragraph (1), after “chargeable” insert “save that, where he does not at that time hold the document or invoice required by paragraph (2) below, he shall make his claim on the return for the first prescribed accounting period in which he holds that document or invoice”,
c
in paragraph (1A) —
i
at the beginning insert “Subject to paragraph (1B)”,
ii
for “3 years” substitute “4 years”,
iii
for “the prescribed accounting period in which the VAT became chargeable” substitute “the first prescribed accounting period in which he was entitled to claim that input tax in accordance with paragraph (1) above”,
d
after paragraph (1A) insert —
1B
The Commissioners shall not allow or direct a person to make any claim for deduction of input tax where the return for the first prescribed accounting period in which the person was entitled to claim that input tax in accordance with paragraph (1) above was required to be made on or before 31st March 2006.
, and
e
after paragraph (3) insert —
4
Nothing in this regulation shall entitle a taxable person to deduct more than once input tax incurred on goods imported or acquired by him or on goods or services supplied to him.
.
Correction of errors
4
In regulation 34 (correction of errors) —
a
in paragraph (1A) after “Subject to paragraph (1B)” insert “and (1C)”,
b
in paragraph (1A)(a) for “3 years” substitute “4 years”,
c
in paragraph (1A)(b) for “3 years” substitute “4 years”,
d
after paragraph (1B) insert —
1C
Where paragraph (1B) above does not apply, any overstatement or understatement in a return shall be disregarded for the purposes of this regulation where the prescribed accounting period for which the return was made or required to be made ended on or before 31st March 2006.
, and
e
in paragraph (3) for “unless the difference is less than £10,000” substitute “unless the difference is £10,000 or less”.
Adjustments in the course of business
5
In regulation 38 (adjustments in the course of business) —
a
in paragraph (1) omit “Subject to paragraph (1A) below,”,
b
omit paragraph (1A),
c
omit paragraph (1B),
d
for paragraph (2) substitute “Where this regulation applies, both the taxable person who makes the supply and a taxable person who receives the supply shall adjust their respective VAT accounts in accordance with the provisions of this regulation.”, and
e
in paragraph (5) insert “relevant” before “taxable person”.
Flat-rate scheme for small businesses
6
In regulation 55L (admission to scheme) —
a
omit paragraph (1)(a)(ii),
b
in paragraph (2) omit “or income”.
7
In regulation 55M (withdrawal from the scheme) after paragraph (3) insert —
4
For the purposes of this regulation, “income” shall be calculated in accordance with the method specified in regulation 55G(1) (determining relevant turnover) used by the business to determine the value of its turnover whilst accounting for VAT under the scheme.
5
Where a business has used more than one method to determine the value of its turnover whilst accounting for VAT under the scheme, the method referred to in paragraph (4) above shall be the most recent method used.
.
Input tax: exceptional claims for VAT relief
8
In regulation 111 (exceptional claims for VAT relief) —
a
in paragraph (2)(b) —
i
after “Subject to paragraph (2A)” insert “, (2C) and (2D)”,
ii
for “3 years” substitute “4 years”,
b
after paragraph (2B) insert —
2C
Where the relevant person was, or was required to be, registered on or before 1st April 2009, no VAT may be treated as if it were input tax under paragraph (1) above in respect of goods which were supplied to, or imported or acquired by the relevant person more than 3 years before the date with effect from which that person was, or was required to be, registered.
2D
Where the relevant person was or was required to be registered on or before 31st March 2010 and paragraph (2C) above does not apply, no VAT may be treated as if it were input tax under paragraph (1) above in respect of goods which were supplied to, or imported or acquired by, the relevant person on or before 31st March 2006.
,
c
in paragraph (3B) —
i
at the beginning insert “Subject to paragraph (3C)”,
ii
for “3 years” substitute “4 years”,
d
after paragraph (3B) insert —
3C
The Commissioners shall not allow a person to make any claim under paragraph (3) above in the circumstances where the first return the taxable person was required to make was required to be made on or before 31st March 2006.
,
e
in paragraph (6) —
i
after “Subject to paragraph 7” insert “and (8)”,
ii
for “3 years” substitute “4 years”, and
f
after paragraph (7) insert —
8
No claim may be made under paragraph (5) above in relation to a supply of services which was made on or before 31st March 2006.
.
Input tax adjustments: capital items
9
In regulation 115 (method of adjustment) for paragraph (8) substitute —
8
For the purposes of paragraphs (9) and (10) below, a “specified return” means a return specified —
a
in paragraph (6) above,
b
in subparagraph (a) or (b) of that paragraph, or
c
in paragraph (7) above.
9
Subject to paragraph (10) below, the Commissioners shall not allow the taxable person to use a return other than a specified return unless it is the return for a prescribed accounting period commencing within 4 years of the end of the prescribed accounting period to which the specified return relates.
10
The Commissioners shall not allow the taxable person to use a return other than a specified return where the specified return is the return for a prescribed accounting period finishing on or before 31st March 2006.
.
Bad debt relief
10
In regulation 165A (time within which a claim must be made) —
a
in paragraph 1 —
i
after “Subject to paragraph (3)” insert “and (4)”,
ii
for “3 years and 6 months” substitute “4 years and 6 months”, and
b
after paragraph (3) insert —
4
A person shall be regarded for the purposes of this Part as having ceased to be entitled to a refund where the date mentioned at subparagraph (a) or (b) of paragraph (1) above, whichever is the later, is on or before 30th September 2005.
.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
10th March 2009