text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2010 and come into force on 9th September 2010.
Amendment of Regulations
2
1
The Road Vehicles (Construction and Use) Regulations 1986 are amended as follows.
2
In the Table in regulation 3(2) (interpretation), for the meaning specified in column 2 for the expression “the Community Recording Equipment Regulation” substitute —
Council Regulation (EEC) No. 3821/85 on recording equipment in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007 .
.
3
In paragraph 7 of Part I of Schedule 7B (emissions from certain motor vehicles), for sub-paragraph (b) substitute —
b
“the emissions publication” is the publication entitled “In Service Exhaust Emission Standards for Road Vehicles – Sixteenth Edition” ( ISBN 978-0-9549352-6-9) published by the Department for Transport.
.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
13th August 2010


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Community Radio (Amendment) Order 2010 and comes into force on the day after the day on which it is made.
Amendment of the Community Radio Order 2004
2
The Schedule to the Community Radio Order 2004 (which contains modifications of legislation in relation to community radio services) is amended as follows.
3
1
Paragraph 5(2) (which adds subsections (2) to (8) in section 105 of the Broadcasting Act 1990 as it has effect in relation to a community radio service) is amended as follows.
2
The subsection (2) added to that section is omitted.
3
In the subsection (3) added to that section, after “any other local service” there is inserted “, other than a community radio service”.
4
In the subsection (4) added to that section —
a
the words “Accordingly, and” are omitted;
b
paragraph (a) is omitted;
c
in paragraph (b) —
i
after “any other local licence” there is inserted “for a service, other than a community radio service,”;
ii
after “includes” there is inserted “no”;
iii
for “50,000” there is substituted “150,000”;
iv
the words “, but no more than 150,000 such persons,” are omitted.
4
After paragraph 6 there is inserted —
Consultation about change of character of services
6A
Section 106ZA (consultation about change of character of local services) shall have effect as if, in subsection (1) —
a
for the words “local licence” there were substituted the words “community radio licence”;
b
for the words “paragraphs (b) to (d)” there were substituted the words “paragraphs (b), (d), (e) and (f)”.
5
After paragraph 10 there is inserted —
Extension of existing licences
10A
Chapter 3 of Part 3 shall have effect as if section 253 were omitted and before section 254 there were inserted —
Extension of community radio licences
253A
1
A person who holds a community radio licence is entitled to apply to OFCOM, in accordance with the following provisions of this section, for one extension of the licence.
2
The period for which a licence may be extended on such an application is a period ending not more than five years after the end of the period for which it was granted originally.
3
An application under subsection (1) may only be made in the period which —
a
begins eighteen months before the date on which the licence would otherwise expire; and
b
ends six months before that date.
4
An application under subsection (1) —
a
must be made in such manner,
b
must contain such information about the applicant, the applicant’s business and the service the applicant proposes to provide, and
c
must be accompanied by such fee (if any),
as OFCOM may determine.
5
If, on an application for an extension under subsection (1), OFCOM are satisfied as to the matters mentioned in subsection (6), they shall modify the licence by extending the period for which the licence is to be in force by such period authorised by subsection (2) as they think fit.
6
Those matters are —
a
the ability of the licence holder to maintain the service for the period of the extension; and
b
the likelihood of a contravention by the licence holder of a requirement imposed by a condition included in the licence by virtue of section 106 of the 1990 Act.
Siôn Simon
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
21st January 2010


text:
Citation and commencement
1
This Order may be cited as the Competition Act 1998 (Land Agreements Exclusion Revocation) Order 2010 and shall come into force on 6th April 2011.
Revocation
2
The Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004 is hereby revoked.
Baroness Wilcox
Parliamentary Secretary for Business, Innovation and Skills
Department for Business, Innovation and Skills
29th June 2010


text:
Citation and commencement
1
These Regulations may be cited as the Police Authority (Amendment No. 2) Regulations 2010 and shall come into force on 18th December 2010.
Amendment of the Police Authority Regulations 2008
2
In regulation 41(5) of the Police Authority Regulations 2008 (requirement to advertise) for “four” substitute “five”.
Nick Herbert
Minister of State
Home Office
24th November 2010


text:
Citation and commencement
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009, Parts 7 and 8 (Consequential Amendments) Order 2010 and comes into force on 1st April 2010.
Amendment of the Council Tax (Discount Disregards) Order 1992
2
In paragraph 1(1)(b) of Part 1 of Schedule 1 to the Council Tax (Discount Disregards) Order 1992 (apprentices), as it applies to England, for the words “accredited by” to the end substitute —
—
i
to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009a applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification, or
ii
accredited by the Scottish Vocational Education Council
.
Amendment of the Employers’ Liability (Compulsory Insurance) Regulations 1998
3
For paragraph 8 of Schedule 2 to the Employers’ Liability (Compulsory Insurance) Regulations 1998 (employers exempted from insurance) substitute —
8
The Qualifications and Curriculum Development Agency.
.
Amendment of the National Minimum Wage Regulations 1999
4
For regulation 12(9B)(a)(iii) of the National Minimum Wage Regulations 1999 (workers who do not qualify for the national minimum wage) substitute —
iii
leads to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification,
.
Amendment to the Education (Non-Maintained Special Schools) (England) Regulations 1999
5
In paragraph 21(6)(a) of Part 3 of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 1999 (information to be published by the Governing Body) for “external” substitute “relevant”.
Amendment of the Northern Ireland Act 1998 (Designation of Public Authorities) Order 2001
6
In Schedule 1 to the Northern Ireland Act 1998 (Designation of Public Authorities) Order 2001 for “Qualifications and Curriculum Authority” substitute —
Office of Qualifications and Examinations Regulation
.
Amendment of the British Nationality (General) Regulations 2003
7
In regulation 5A of the British Nationality (General) Regulations 2003 (knowledge of language and life in the United Kingdom), as it applies to the United Kingdom, —
a
omit “accredited” in both places it occurs; and
b
in paragraph (2)(a) for “approved by the Qualifications and Curriculum Authority” substitute “which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009b in respect of the qualification”.
Amendment of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
8
1
The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 is amended as follows.
2
In article 3(1) (interpretation) —
a
omit the definition of “the Authority” and in the appropriate place insert —
“the QCDA” means the Qualifications and Curriculum Development Agency ;
; and
b
in the definitions of “external marking agency” and “NC assessment timetable” for “Authority” substitute “QCDA”.
3
In article 5(3) (NC test assessment) —
a
for “Authority” in both places it occurs substitute “QCDA”; and
b
for “their” substitute “its”.
4
In the following provisions, for “Authority” in each place it occurs substitute “QCDA” —
a
article 5(4A) (NC test assessment);
b
article 5A(8), (9), (10) and (11) (single level tests in mathematics);
c
article 6(7)(b) (monitoring of assessment arrangements); and
d
article 6A(7)(b) (monitoring of assessment arrangements in relation to single level tests).
5
In article 7 (investigation by the Authority and correction of record of results) and the heading preceding it —
a
for “Authority” in each place it occurs substitute “QCDA”;
b
for “them” substitute “it”; and
c
for “their” in both places it occurs substitute “its”.
6
In article 10 (evaluation of assessment arrangements) —
a
for “Authority” substitute “QCDA”; and
b
for “them” substitute “it”.
7
In article 11(2) (supplementary powers of the Secretary of State) for “Authority” substitute “QCDA”.
Amendment of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003
9
1
The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 is amended as follows.
2
In article 3(1) (interpretation), omit the definition of “the Authority” and in the appropriate place insert —
“the QCDA” means the Qualifications and Curriculum Development Agency;
.
3
In article 11 (evaluation of assessment arrangements) —
a
for “Authority” substitute “QCDA”; and
b
for “them” substitute “it”.
4
In article 12(2) (supplementary powers of the Secretary of State) for “Authority” substitute “QCDA”.
Amendment of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004
10
1
The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 is amended as follows.
2
In article 3(1) (interpretation) —
a
in the definitions of “the associated documents” and “the Document” for “Authority” substitute “QCDA”; and
b
omit the definition of “the Authority” and in the appropriate place insert —
“the QCDA” means the Qualifications and Curriculum Development Agency ;
.
3
In article 8 (evaluation of assessment arrangements) —
a
for “Authority” substitute “QCDA”; and
b
for “them” substitute “it”.
4
In article 9 (supplementary powers of the Secretary of State) for “Authority” substitute “QCDA”.
Amendment of the Education (School Performance Targets) (England) Regulations 2004
11
1
The Education (School Performance Targets) (England) Regulations 2004 are amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of “approved qualification” for “an external” substitute “a relevant”;
b
in the definitions of “entry level” and “level 2” for the words from “as set out” to the end substitute “as determined by the Office of Qualifications and Examinations Regulation”; and
c
in the definition of “level 2 threshold” for “Qualifications and Curriculum Authority” substitute “Qualifications and Curriculum Development Agency”.
3
In regulation 5 (targets for pupils in the fourth key stage) —
a
in paragraph (4) for the words “in accordance with” to the end substitute “by the Qualifications and Curriculum Development Agency”; and
b
for paragraph (7)(b)(iii) substitute —
iii
a qualification resulting from any combination of short courses, unless separately awarded or authenticated as a single or double GCSE in Mathematics by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 in respect of the qualification.
.
Amendment of the Education (Pupil Information) (England) Regulations 2005
12
1
The Education (Pupil Information) (England) Regulations 2005 are amended as follows.
2
In regulation 2 (interpretation) —
a
in the appropriate place insert —
“the QCDA” means the Qualifications and Curriculum Development Agency;
;
b
in the definitions of “the associated documents” and “P Level Document” for “Qualifications and Curriculum Authority” substitute “QCDA”; and
c
in the definition of “external marking agency” for “Qualifications and Curriculum Authority (or by any successor body to that Authority)” substitute “QCDA”.
3
In paragraph 6(1)(e) of Schedule 2 (information forming part of the common transfer file) for “Qualifications and Curriculum Authority” substitute “QCDA”.
Amendment of the Education (Local Education Authority Performance Targets) (England) Regulations 2005
13
In regulation 2 of the Education (Local Education Authority Performance Targets) (England) Regulations 2005 (interpretation) —
a
in the definition of “approved qualification” for “an external” substitute “a relevant”;
b
in the definitions of “entry level”, “level 1” and “level 2” for the words from “as set out” to the end substitute “as determined by the Office of Qualifications and Examinations Regulation”; and
c
in the definition of “level 2 threshold” for “Qualifications and Curriculum Authority” substitute “Qualifications and Curriculum Development Agency”.
Amendment of the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005
14
In Part 1 of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 for “The Qualifications and Curriculum Authority (QCA)” substitute “The Qualifications and Curriculum Development Agency (QCDA)”.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 2006
15
1
The Education (Information About Individual Pupils) (England) Regulations 2006 are amended as follows.
2
In regulation 2 (interpretation) —
a
for the definition of “learning aim” substitute —
“learning aim” means a course of study leading to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification and which has been allocated a qualification number;
;
b
for the definition of “level 3” substitute —
“level 3” means level 3 as determined by the Office of Qualifications and Examinations Regulation;
; and
c
in the definition of “qualification accreditation number” —
i
omit “accreditation”; and
ii
for “Qualifications and Curriculum Authority” substitute “Office of Qualifications and Examinations Regulation”.
3
In paragraph 4(a) of Schedule 2 (provision of information about the learning aims of pupils) omit “accreditation”.
Amendment of the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006
16
In the Schedule to the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 for “The Qualifications and Curriculum Authority (QCA)” substitute “The Qualifications and Curriculum Development Agency (QCDA)”.
Amendment of the Education (Information About Children in Alternative Provision) (England) Regulations 2007
17
In regulation 8 of the Education (Information About Children in Alternative Provision) (England) Regulations 2007 (persons to whom individual information supplied may be passed) —
a
for paragraph (d) substitute —
d
the Office of Qualifications and Examinations Regulation;
; and
b
for paragraph (n) substitute —
n
the Qualifications and Curriculum Development Agency;
.
Amendment of the Early Years Foundation Stage (Learning and Development Requirements) Order 2007
18
In article 4(2) of the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (further provisions about assessment arrangements) for “Qualifications and Curriculum Authority” substitute “Qualifications and Curriculum Development Agency”.
Amendment of the Education (Supply of Information about the School Workforce) (No. 2) (England) Regulations 2007
19
For regulation 8(2)(c) of the Education (Supply of Information about the School Workforce) (No. 2) (England) Regulations 2007 (persons to whom the Secretary of State may supply information for qualifying purposes) substitute —
c
the Qualifications and Curriculum Development Agency;
.
Amendment of the Education (School Performance Information) (England) Regulations 2007
20
1
The Education (School Performance Information) (England) Regulations 2007 are amended as follows.
2
In article 2 (interpretation) —
a
in the definitions of “external marking agency” and “National Data Collection Agency” for “Qualifications and Curriculum Authority” substitute “QCDA”; and
b
in the appropriate place insert —
“the QCDA” means the Qualifications and Curriculum Development Agency;
.
3
In article 14(1) (provision of information to the external marking agency) for “Qualifications and Curriculum Authority and notified by them” substitute “QCDA and notified by it”.
4
In Schedule 4 (provision of information to the Secretary of State) —
a
in paragraph 2 of Part 1 (pupils in the fourth key stage) —
i
in sub-paragraph (1)(b) for “an external” substitute “a relevant”; and
ii
in sub-paragraph (1)(b)(i), (ii) and (iii) for “external” substitute “relevant”; and
b
in paragraph 1 of Part 2 (pupils aged 16, 17 or 18) —
i
in sub-paragraph (1) for “an external” substitute “a relevant”; and
ii
in the first and second sub-paragraph (2) for “external” in each place it occurs substitute “relevant”.
Amendment of the Childcare (General Childcare Register) Regulations 2008
21
In the following provisions of the Childcare (General Childcare Register) Regulations 2008 for the words from “set out in” to the end substitute “determined by the Office of Qualifications and Examinations Regulation” —
a
paragraph 11(2) of Schedule 3 (requirements governing activities); and
b
paragraph 12(2) of Schedule 6 (requirements governing the activities of persons registered in Part B of the general childcare register).
Amendment of the Childcare (Provision of Information About Young Children) (England) Regulations 2009
22
For regulation 7(c) of the Childcare (Provision of Information About Young Children) (England) Regulations 2009 (prescribed persons under section 99(4)(b) of the Childcare Act 2006) substitute —
c
the Qualifications and Curriculum Development Agency.
.
Amendment of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009
23
In regulation 3 of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 (prescribed persons) —
a
in paragraph (3)(c) for “external” substitute “relevant”; and
b
in paragraph (5) —
i
for sub-paragraph (s) substitute —
s
any body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 in respect of the award or authentication of a specified qualification or description of qualification to which Part 7 of that Act applies;
; and
ii
for sub-paragraph (u) substitute —
u
the Qualifications and Curriculum Development Agency;
v
the Office of Qualifications and Examinations Regulation.
.
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
9th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the State Pension Credit (Disclosure of Information) (Electricity Suppliers) Regulations 2010, and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“automatic award” means a sum of money paid by an electricity supplier to its customer (whether by credit to the customer’s electricity account or otherwise) pursuant to the energy rebate scheme;
“couple” means —
a man and a woman who are married to each other and are members of the same household;
a man and a woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;
“discounted tariff” means special terms on an electricity account offered by an electricity supplier to its domestic customers who are regarded by the supplier as being part of a vulnerable group;
“domestic customer” means the occupier of domestic premises in Great Britain who is supplied with electricity at those premises wholly or mainly for domestic purposes;
“electricity supplier” has the meaning given by regulation 3;
“energy efficiency measures” means measures or schemes offered by electricity suppliers to their domestic customers with a view to improving energy efficiency or reducing energy consumption in the homes of those customers;
“energy rebate scheme” means a scheme known by that name established pursuant to arrangements made between the Secretary of State and electricity suppliers under which those suppliers —
make an automatic award to certain domestic customers who are relevant SPC claimants in respect of their electricity account, and
contact those customers with a view to offering —
energy efficiency measures to the customers in their homes, and
to place them on a register for priority services;
“partner” means a member of a couple;
“priority services” means services made available by electricity suppliers to their domestic customers who are regarded by the supplier as being part of a vulnerable group;
“relevant SPC claimant” has the meaning given by regulation 4.
Electricity supplier
3
1
An electricity supplier is a person (“S”) who holds a supply licence under section 6(1)(d) of the Electricity Act 1989 and who satisfies paragraph (2) or (3) in respect of the supply of electricity.
2
S must supply at least 50,000 domestic customers on 31st December 2009.
3
Where S is a company that belongs to a group of companies, S must on 31st December 2009 supply domestic customers and the number of domestic customers of that company and of other companies in the group must be at least 50,000.
Relevant SPC claimants
4
1
A relevant SPC claimant is a person (“P”) who satisfies the following conditions.
2
The first condition is that on 26th March 2010 P or P’s partner is aged 70 years or over.
3
The second condition is that on 26th March 2010 P or P’s partner is in receipt of state pension credit, by virtue of being entitled to a guarantee credit under sections 1(3)(a) and 2 of the State Pension Credit Act 2002 .
4
The third condition is that on 26th March 2010 neither P nor P’s partner is entitled to a savings credit under section 1(3)(b) and 3 of that Act.
Disclosure of information by the Secretary of State
5
1
The Secretary of State (or a person providing services to the Secretary of State) may supply an electricity supplier with the information referred to in paragraph (2) about a relevant SPC claimant for use by that supplier in connection with the purposes referred to in paragraph (3).
2
The information is —
a
the name, any known alias and address of a relevant SPC claimant;
b
the name, any known alias and address of the partner of a relevant SPC claimant;
c
the name and any known alias of a person appointed to act on behalf of a relevant SPC claimant.
3
The purposes are —
a
to identify domestic customers who qualify or may qualify for an automatic award;
b
to establish a domestic customer’s entitlement to an automatic award;
c
to provide domestic customers with an automatic award;
d
to contact domestic customers who have received an automatic award with a view to —
i
offering energy efficiency measures;
ii
delivering or helping to deliver energy efficiency measures;
iii
offering to place their names on a register of persons to be afforded priority services by the supplier.
Disclosure of customer information by electricity suppliers
6
1
An electricity supplier may supply the Secretary of State (or a person providing services to the Secretary of State) with the information referred to in paragraph (2) about its domestic customers for use in connection with the purposes referred to in paragraph (3).
2
The information is —
a
the names and addresses of its domestic customers;
b
the name of a person appointed to administer the electricity account on behalf of a domestic customer;
c
which of its domestic customers are in receipt of a discounted tariff.
3
The purposes are to help the Secretary of State (or, in relation to sub-paragraphs (b) and (c), a person providing services to the Secretary of State) —
a
to determine the number of customers who may be eligible for an automatic award;
b
to identify which of the supplier’s customers are relevant SPC claimants who qualify or may qualify for an automatic award;
c
to compile and provide to the supplier —
i
a list of those customers who are relevant SPC claimants and who qualify or may qualify for an automatic award, and
ii
the information about those customers referred to in regulation 5(2).
Offences
7
1
A relevant person must not disclose without lawful authority any information supplied to that person or another relevant person under these Regulations.
2
A person —
a
who is or has been employed by a relevant person,
b
who is or has been engaged —
i
in the provision of services to a relevant person in connection with the carrying out of an energy rebate scheme function, or
ii
to carry out any energy rebate scheme function, or to carry out any function in connection with the carrying out of an energy rebate scheme function, or
c
who is or has been employed by, or who is or has been engaged in the provision of services to, or to carry out a function for, a person mentioned in sub-paragraph (b),
must not disclose without lawful authority information supplied to a relevant person under regulation 5 or 6.
3
A person who contravenes paragraph (1) or (2) commits an offence.
4
It is not an offence under this regulation —
a
to disclose information in the form of a summary or collection of information so framed as not to enable information supplied under these Regulations relating to any particular person to be ascertained from it; or
b
to disclose information which has previously been disclosed to the public with lawful authority.
5
It is a defence for a person (“A”) charged with an offence under this regulation to prove that at the time of the alleged offence A had reasonable cause to believe —
a
that A was making the disclosure in question with lawful authority, or
b
that the information in question has previously been disclosed to the public with lawful authority.
6
For the purposes of this regulation, a disclosure is to be regarded as made with lawful authority only if it is made —
a
for the purpose of carrying out an energy rebate scheme function, or for doing anything connected with the carrying out of such a function;
b
for the purpose of managing the account of a domestic customer to whom an automatic award has been made under the energy rebate scheme;
c
for the prevention or detection of crime;
d
in accordance with any enactment or court order;
e
for the purpose of instituting, or otherwise for the purposes of, proceedings before a court;
f
for a purpose connected with the exercise of functions of the Director of Public Prosecutions or, in Scotland, the Lord Advocate or procurator fiscal;
g
with the consent of the person to whom the information relates or of any person authorised to act on that person’s behalf.
7
A person guilty of an offence under this regulation is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or both.
8
In the application of this regulation in England and Wales, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 , the reference in paragraph (7)(b) to 12 months is to be read as a reference to 6 months.
9
In this regulation, “energy rebate scheme function” means the carrying out of an activity for the purposes referred to in regulation 5(3) or 6(3).
10
The reference in paragraph (6)(d) to an enactment includes a reference to an Act of the Scottish Parliament and an instrument under an Act of the Scottish Parliament.
Liability of directors etc.
8
1
If an offence under regulation 7 committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body, or
b
to be attributable to any neglect on that officer’s behalf,
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 the member’s functions of management as if that member were a director of the body.
3
“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.
4
Where an offence under regulation 7 is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In this regulation “Scottish partnership” means a partnership constituted under the law of Scotland.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State
Department for Work and Pensions
4th February 2010


text:
Citation, commencement and interpretation
1
This Order may be cited as the Insolvency Proceedings (Fees) (Amendment) Order 2010 and comes into force on 6th April 2010.
2
In this Order, “the principal Order ” means the Insolvency Proceedings (Fees) Order 2004 .
Amendments to the Insolvency Proceedings (Fees) Order 2004
3
Subject to article 8 of this Order, the principal Order is amended as set out in articles 4 to 6 of this Order.
4
In article 5, for “£360” substitute “£450”.
5
In article 6(1), in the definition of “appropriate deposit” —
a
in sub-paragraph (a), for “£715” substitute “£1,000”;
b
in sub-paragraph (b), for “£360” substitute “£450”; and
c
in sub-paragraph (c), for “£430” substitute “£600”.
6
1
In Schedule 2, the Table of Fees is amended as follows.
2
In respect of the fee designated as W1, for “£2,160” substitute “£2,235”.
3
For the fee designated as B2 substitute —
B2 Bankruptcy — Secretary of State’s administration fee applicable to bankruptcy orders made on or after 6 April 2010 For the performance of the Secretary of State’s general duties under the insolvency legislation in relation to the administration of the estate of each bankrupt, there shall be payable a fee calculated in accordance with the following scale as a percentage of chargeable receipts relating to the bankruptcy (but ignoring that part of the chargeable receipts which exceeds the bankruptcy ceiling) at the rate of---
0% of the first £2,000
100% of the next £1,700 75% of the next £1,500
15% of the next £396,000
1% of the remainder, subject to a maximum of £80,000.
4
For the fee designated as W2 substitute —
W2 Winding up by the court — Secretary of State’s administration fee applicable to winding up orders made on or after 6 April 2010 For the performance of the Secretary of State’s general duties under the insolvency legislation in relation to the administration of the affairs of each company which is being wound up by the court, there shall be payable a fee calculated in accordance with the following scale as a percentage of chargeable receipts relating to the company at the rate of---
0% of the first £2,500
100% of the next £1,700
75% of the next £1,500
15% of the next £396,000
1% of the remainder, subject to a maximum of £80,000.
Revocation
7
1
The definitions “excepted bankruptcy” and “excepted winding-up” in paragraph 1(1) Schedule 2 are revoked.
2
Article 5 of the Insolvency Proceedings (Fees) (Amendment) Order 2009 is revoked.
Transitional provisions
8
1
The amendments and revocations made by this Order apply as follows.
2
The amendment made by article 4 to article 5 of the principal Order applies only to reports submitted to the court in respect of debtor’s petitions presented on or after 6th April 2010.
3
The amendments made by article 5 to article 6 of the principal Order apply only to petitions presented on or after 6th April 2010.
4
The amendments made by article 6(2), (3) and (4) to Schedule 2 to the principal Order apply only in respect of bankruptcy and winding-up orders made on or after 6th April 2010.
5
The revocations made by article 7(1) to Schedule 2 to the principal Order have effect only in respect of bankruptcy and winding-up orders made on or after 6th April 2010.
6
The revocation made by article 7(2) to the Insolvency Proceedings (Fees) (Amendment) Order 2009 has effect only in respect of bankruptcy and winding-up orders made on or after 6th April 2010.
Jack Straw
Lord Chancellor and Secretary of State for Justice
Ministry of Justice
4th March 2010
We concur
Tony Cunningham
Dave Watts
Two of the Lord’s Commissioners of Her Majesty’s Treasury
8th March 2010