text:
Citation, commencement and extent
1
1
These Regulations —
a
may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009;
b
come into force on 6th April 2010; and
c
extend to England and Wales only.
2
For the purposes of this regulation —
a
England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and
b
the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006 .
Amendment of the Environmental Permitting (England and Wales) Regulations 2007
2
The Environmental Permitting (England and Wales) Regulations 2007 (“the 2007 Regulations ”) are amended in accordance with regulations 3 to 12.
Amendment of regulation 2 (interpretation: general)
3
1
Regulation 2 (interpretation: general) is amended as follows.
2
After the definition of “agricultural waste”, insert —
“the Animal By-Products Regulations ” means —
in relation to England, the Animal By-Products Regulations 2005 ,
in relation to Wales, the Animal By-Products (Wales) Regulations 2006 ;
.
Substitution of regulation 5 (interpretation: exempt waste operation)
4
For regulation 5 (interpretation: exempt waste operation), substitute —
Interpretation: exempt waste operation
5
1
In these Regulations, a waste operation is an “exempt waste operation” if the requirements in paragraph 3(1) of Schedule 2 are met in respect of the waste operation.
2
Schedule 2 (exempt waste operations: general) has effect.
.
Amendment of regulation 22 (revocation of an environmental permit: general)
5
1
Regulation 22 (revocation of an environmental permit: general) is amended as follows.
2
After paragraph (6), add —
7
Where an environmental permit authorises in whole or in part a waste operation which, on or after 6 th April 2010, becomes an exempt waste operation, that part of the permit which authorises the exempt waste operation is revoked on the date that the operation becomes an exempt waste operation.
.
Amendment of regulation 38 (offences)
6
1
Regulation 38 (offences) is amended as follows.
2
In paragraph (2)(a) —
a
omit “9 or”;
b
after “12(3)” insert “or (4)”.
3
In paragraph (2)(b), after “12(3)” insert “or (4)”.
Substitution of regulation 68 (further provision in relation to waste)
7
For regulation 68 (further provision in relation to waste), substitute —
Further provision in relation to waste
68
1
Section 33(1)(a) of the 1990 Act does not apply to an operation which —
a
falls within a description in Part 2 of Schedule 3A; and
b
meets the conditions specified in that Part for an operation of that description.
2
Schedule 20 (further provision in relation to waste) has effect.
.
Insertion of regulation 71B (transitional provision: exempt waste operations)
8
After regulation 71A (transitional provision: existing mining waste operations), insert —
Transitional provision: exempt waste operations
71B
1
This regulation applies to any establishment or undertaking which on 5th April 2010 was carrying on an exempt waste operation.
2
The establishment or undertaking is deemed to carry on the exempt waste operation until —
a
the date mentioned in paragraph (3); or
b
if before that date the operation ceases to be an exempt waste operation within the meaning of regulation 5 (as that regulation had effect on 5th April 2010), the date on which it ceases to be such.
3
The date referred to in paragraph (2)(a) is —
a
if an application for the grant or variation of an environmental permit is made in relation to the operation on or before the date shown in the table set out below for the operation —
i
if the application is granted, the date of the grant,
ii
if the application is refused, and the applicant appeals against the refusal, the date on which the appeal is determined or withdrawn, or
iii
if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought, determined in accordance with paragraph 3(1) of Schedule 6; or
b
if the establishment or undertaking seeks to be registered in relation to the waste operation as an exempt waste operation on or before the date shown in the table set out below for the operation, the date of first registration;
c
otherwise, the date indicated in the second column of the table set out below for the operation.
Waste operation Date
A waste operation described in paragraph 9, 10, 12 or 19 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land 1st October 2011 A waste operation described in paragraph 13 or 21 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land 6th April 2012 A waste operation described in paragraph 7 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of agricultural waste on agricultural land 1st October 2012 A waste operation described in paragraph 4 to 6, 11, 14, 15, 17, 18, 20, 22, 23, 25, 29 to 32, 38, 40 to 42 or 46 of Part 1 of previous Schedule 3 that does not involve the disposal or recovery of waste on agricultural land 1st October 2012 A waste operation described in paragraph 2, 3, 8, 24, 43 to 45 of Part 1 of previous Schedule 3 1st October 2013 A waste operation described in paragraph 7, 9, 10, 12, 13, 16, 19, 21, 28, 36, 37 or 47 of Part 1 of previous Schedule 3 that involves the disposal or recovery of agricultural waste on agricultural land 1st October 2013 Any other waste operation described in Part 1 of previous Schedule 3 that involves the disposal or recovery of waste on agricultural land 1st October 2013
4
In this regulation —
“agricultural land” means land used for agriculture within the meaning of section 109(3) of the Agriculture Act 1947 ;
“date of first registration” means, in relation to an establishment or undertaking, the date on which the relevant particulars (which means the information in paragraph 4(2) of Schedule 2) first appear on the register (as defined by paragraph 1 of that Schedule) but does not include any relevant particulars entered on the register before 6th April 2010;
“previous Schedule 3” means Schedule 3 to these Regulations as it had effect on 5th April 2010.
.
Amendment of Schedule 1 (activities)
9
1
Schedule 1 (activities) is amended as follows.
2
In paragraph 1 of Section 6.8 of Part 2 (activities), in the definition of “excluded activity”, for paragraph (a) substitute —
a
any activity carried on on a farm or agricultural holding other than —
i
the manufacture of goods for sale,
ii
the production of compost for growing mushrooms,
.
Substitution of Schedule 2 (exempt waste operations: general)
10
1
Subject to paragraph (2), for Schedule 2 (exempt waste operations: general), substitute the schedule set out in Schedule 1 to these Regulations.
2
Paragraph (1) does not apply for the purposes of the transitional provisions inserted by regulation 8 (referred to in these Regulations as “the transitional provisions”), except for the purposes of the references to Schedule 2 in regulation 8(4).
Substitution of Schedule 3 (descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply)
11
For Schedule 3 (descriptions: exempt waste operations and other operations to which section 33(1)(a) of the 1990 Act does not apply), except for the purposes of the transitional provisions, substitute the schedules set out in Schedule 2 to these Regulations.
Amendment of Schedule 19 (public registers)
12
1
Schedule 19 (public registers) is amended as follows.
2
In paragraph 1(1) (matters to be included in a public register), for paragraph (k) substitute —
k
every direction given to the regulator or the exemption registration authority by an appropriate authority under these Regulations, other than a direction given under regulation 47 or paragraph 11 of Schedule 2.
.
Amendments to the Environment Act 1995
13
1
The Environment Act 1995 is amended as follows.
2
In section 41 (power to make charging schemes) —
a
omit subsection (2A) ; and
b
in subsection (10) , omit the definition of “relevant environmental licence”.
3
In section 56(1) (interpretation) , in the definition of “environmental licence”, for paragraph (j) substitute —
j
registration under Schedule 2 to the Environmental Permitting (England and Wales) Regulations 2007 of an establishment or undertaking in relation to a WEEE operation (as defined by paragraph 1 of Schedule 2 to those Regulations),
.
Consequential amendment to the Waste Management (England and Wales) Regulations 2006
14
In the Waste Management (England and Wales) Regulations 2006 , omit regulation 3 (amendment of the Environment Act 1995 ).
Consequential amendment to the Waste Batteries and Accumulators Regulations 2009
15
In the Waste Batteries and Accumulators Regulations 2009 , in Schedule 8 (amendments to other enactments), omit paragraph 2(5).
Savings
16
1
Notwithstanding the amendments made by regulation 6 (which amend regulation 38 of the 2007 Regulations), regulation 38(2) of the 2007 Regulations, as it had effect on 5th April 2010, continues to have effect for the purposes of the transitional provisions.
2
Notwithstanding the amendments made by regulation 13(2) (which amend section 41 of the Environment Act 1995 by omitting subsection (2A) and by omitting the definition of “relevant environmental licence” in subsection (10)), those subsections, as they had effect on 5th April 2010, continue to have effect for the purposes of the transitional provisions.
3
Notwithstanding the substitution made by regulation 13(3) (which substitutes paragraph (j) in the definition of “environmental licence” in section 56(1) of the Environment Act 1995), the definition of “environmental licence” in that paragraph, as it had effect on 5th April 2010, continues to have effect for the purposes of the transitional provisions.
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
20th December 2009
Dan Norris
Parliamentary Under Secretary
Department for Environment, Food and Rural Affairs
20th December 2009


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Export Control (Amendment) (No. 4) Order 2009 and shall come into force on 11th November 2009.
2
The Export Control Order 2008 is amended as follows —
a
in Part 2 of Schedule 4, after “Democratic Republic of the Congo” insert “Guinea”;
b
in Part 4 of Schedule 4, omit “Guinea”.
Ian Lucas
Minister for Business and Regulatory Reform
Department for Business, Innovation and Skills
5th November 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2009 and shall come into force on 1st April 2009.
2
These Regulations apply in relation to England.
Amendment of the National Health Service (Dental Charges) Regulations 2005
2
1
The National Health Service (Dental Charges) Regulations 2005 are amended as follows.
2
In regulation 4 (calculation of charges) —
a
in paragraph (1), for £16.20 substitute £16.50;
b
in paragraph (2), for £44.60 substitute £45.60; and
c
in paragraph (5), for £16.20 substitute £16.50.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
26th February 2009


text:
Title, application and commencement
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes Regulations 2009, they apply in England and come into force on 1st December 2009.
Regions
2
1
For the purposes of Article 46(2) of Council Regulation ( EC ) No 73/2009 (establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers ), there are three regions in England, which are —
a
moorland;
b
the severely disadvantaged area, excluding moorland;
c
all other land.
2
For these purposes —
“moorland” means all the land that is both —
in the severely disadvantaged area, and
shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2006” each volume being marked with the number of the volume, dated 7th October 2007, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL;
“the severely disadvantaged area” means all the land, excluding the Isles of Scilly, shown coloured pink in the three volumes of maps entitled “Volume of maps of less-favoured areas in England”, each volume being marked with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL.
Minimum size of holding to establish entitlements
3
For the purposes of Article 12(6) of Commission Regulation 795/2004 (laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 ) the minimum size of a holding for which the establishment of payment entitlements may be requested is 0.3 hectares.
Minimum claim
4
For the purposes of Article 28(1) of Council Regulation (EC) No 73/2009 the minimum requirement for a claim is one hectare for farmers who do not hold special entitlements in accordance with that Article, and €200 for farmers who hold special entitlements.
Date on which eligible land must be at the farmer’s disposal
5
In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 35(1) of Council Regulation (EC) No 73/2009 , the date on which those parcels must be at the farmer’s disposal is the last day the single application may be submitted to the competent authority in accordance with Article 11 of Commission Regulation (EC) No 796/2004 (laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulations (EC) No 1782/2003 and (EC) No 73/2009 , as well as for the implementation of cross compliance provided for in Council Regulation (EC) No 479/2008 ).
Progressive modifications of entitlements
6
1
In accordance with Article 48(2), fourth sub-paragraph, of Council Regulation (EC) No 73/2009 the annual progressive modifications for the purposes of Article 63(3) of Council Regulation (EC) No 1782/2003 establishing common rules for direct support under the common agricultural policy and establishing certain support schemes for farmers are as set out in the following table, where —
a
column 2 is the proportion of the farmer’s entitlement consisting of the regional unit value of the entitlement calculated in accordance with Article 59(3) first sub-paragraph of Council Regulation (EC) No 1782/2003 ; and
b
column 3 is the proportion of the farmer’s entitlement consisting of the farmer’s reference amounts where the farmer is entitled to receive entitlements calculated in accordance with Article 59(3) second sub-paragraph of Council Regulation (EC) No 1782/2003 .
2
Entitlements for the fruit and vegetable sector as referred to in Article 48f of Commission Regulation (EC) No 795/2004 , or wine as referred to in Article 48i of that Regulation , are valued at the regional unit value in accordance with the table without the reference amount percentage.
Progressive modifications
Year Regional unit value percentages Reference amount percentage
(a)
Sugar funding is the funding specified in Tables 1 and 2 of point K of Annex VII to Council Regulation (EC) No 1782/2003 .
2009 — sugar funding 33% 67% other 60% 40% 2010 75% 25% 2011 90% 10% 2012 100% 0%
Transfers
7
For the purposes of Article 25(3) of Commission Regulation (EC) No 795/2004 , a transferor of a payment entitlement must notify the transfer to the competent authority that allocated that entitlement at least six weeks before —
a
the transfer is to take place; and
b
the last day for lodging an application under the single payment scheme.
Additional modulation
8
The rates in the third column of the Schedule are the voluntary modulation referred to in Article 1 of Council Regulation ( EU ) No 378/2007 (laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 ) (the rates in the second column are the compulsory rates of modulation provided for in Article 7 of Council Regulation (EC) No 73/2009 and are provided for the sake of completeness).
Revocations
9
The following are revoked —
a
the Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 ;
b
the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2005 ;
c
the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2006 ;
d
the Common Agricultural Policy Single Payment and Support Schemes (Amendment No 2) Regulations 2006 ;
e
the Common Agricultural Policy Single Payment and Support Schemes (Amendment) (No 3) Regulations 2005 ;
f
the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2007 ;
g
the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2008 ;
h
the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 ;
i
the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) (Amendment) Regulations 2005 ;
j
the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) (Amendment) Regulations 2007 .
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
26th November 2009


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Amendment) Rules 2009 and shall come into force on 1 October 2009.
Interpretation
2
1
In these rules “the principal rules” means the Land Registration Rules 2003 .
2
Expressions used in these rules have the same meaning as in the principal rules, unless the contrary intention appears.
New Rule 111A
3
In the principal rules, after rule 111, insert —
Registration of charges by certain overseas companies
111A
1
An application to register a charge created by an overseas company must —
a
be accompanied by evidence to satisfy the registrar that the charge has been registered under Part 3 of the Regulations , or
b
include a statement that the charge, when created, did not require to be so registered.
2
If the application does not comply with paragraph (1) the registrar must enter a note in the register to the effect that no evidence has been lodged either that the charge has been registered in accordance with Part 3 of the Regulations or that such registration was not required.
3
In this rule, “the Regulations” means the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 .
.
Amendments to certain forms in Schedule 1 to the principal rules
4
In Schedule 1 to the principal rules, in each of the forms listed in the first column of the following table, in the panels numbered as shown in the second column of that table, for the words “Registered number in England and Wales including any prefix” substitute “Registered number in the United Kingdom including any prefix” —
ADV1 6 AP1 6 and 10 AS1 5 and 6 AS2 6 and 7 AS3 6 and 7 CCD 5 CCT 6 CH1 4 and 5 CT1 5 DS1 5 DS2 5 DS3 5 FR1 6 and 10 RX4 5 TP1 5 and 6 TP2 6 and 7 TR1 4 and 5 TR2 5 and 6 TR4 3 and 4 TR5 4 and 5 UN1 6 UN2 7 UN3 6 UT1 6 WCT 5
Amendment to Schedule 1A to the principal rules
5
In Schedule 1A to the principal rules, in the panel headed “LR3. Parties to this lease”, for the words “the registered number in England and Wales including any prefix”, substitute “the registered number in the United Kingdom including any prefix”.
Amendments to Schedule 9 to the principal rules
6
In the heading to Form D(i) in Schedule 9 to the principal rules, immediately after “seal” insert “, acting by a director and its secretary or by two directors”.
7
In the heading to Form D(ii) in Schedule 9 to the principal rules, immediately after “Acts,” insert “without using a common seal,”.
8
In Form F in Schedule 9 to the principal rules —
a
in the heading, immediately after “F” insert “(i)”, and after “seal” insert “, acting by two members”,
b
for “Signed” substitute “Executed”, and
c
at the end of the amended Form F(i) insert —
Use of unamended forms
9
1
Notwithstanding rule 4, the forms listed in that rule may continue to be used in the form in which they were prescribed immediately before the coming into force of these rules, unless the application for which they are used relates to an overseas company.
2
Notwithstanding rule 5, a prescribed clauses lease may contain the wording prescribed by Schedule 1A to the principal rules immediately before the coming into force of these rules, unless an overseas company is a party to the lease.
Signed by authority of the Lord Chancellor
Michael Wills
Minister of State
Ministry of Justice
20th July 2009


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.3) Regulations 2009 and shall come into force on 1st October 2009.
Amendment of the Social Security (General Benefit) Regulations 1982
2
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for “£4,784” substitute “£4,836”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
3
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for “£92.00” substitute “£93.00”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
4
In paragraphs (3) and (4) of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work) for “£92.00” substitute “£93.00”.
Amendment of the Employment and Support Allowance Regulations 2008
5
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In paragraphs (3) and (4) of regulation 45 (exempt work) for “£92.00” substitute “£93.00”.
3
In regulation 76 (1) (deductions for councillor’s allowance) for “£92.00” substitute £93.00”.
4
In paragraphs 5, 6 and 7 of schedule 7 (sums to be disregarded in the calculation of earnings) for “92.00” substitute “£93.00” each time it appears.
Signed by authority of the Secretary of State for Work and Pensions.
William D.McKenzie
Parliamentary Under-Secretary of State
Department for Work and Pensions
26th August 2009


text:
Citation, application and commencement
1
This Order may be cited as the Animal Health (Divisional Veterinary Managers) Order 2009; it applies in England and comes into force on 1st November 2009.
General amendments relating to “Divisional Veterinary Manager”
2
1
In the Orders specified in the first column of Schedule 1, for “Divisional Veterinary Manager”, in each place where it occurs in the provisions specified in the third column, substitute “Secretary of State”.
2
In the Orders specified in the first column of Schedule 2, the definitions of “Divisional Veterinary Manager” in the provisions specified in the third column are revoked.
Amendments to the Rabies (Control) Order 1974
3
1
The Rabies (Control) Order 1974 is amended as follows.
2
In article 5(5), for “Secretary, Ministry of Agriculture, Fisheries and Food, Hook Rise South, Tolworth, Surrey, KT6 7NF, to the Divisional Veterinary Manager” substitute “Secretary of State”.
3
Omit the second Note (beginning with “The inspector is with all practicable speed”) to the Notice specified in Schedule 2 (notice declaring and defining the limits of an infected place).
Amendments to the Aujeszky’s Disease Order 1983
4
1
The Aujeszky’s Disease Order 1983 is amended as follows.
2
In article 19(2), for the words “Divisional Veterinary Manager of the Ministry for that area” substitute the words “Secretary of State”.
3
Omit the Notes to Forms A, B, C, D and E in the Schedule.
Amendment to the Infectious Diseases of Horses Order 1987
5
The Infectious Diseases of Horses Order 1987 is amended by omitting the Notes to Forms A, B, C and D in Schedule 1.
Amendments to the Enzootic Bovine Leukosis (England) Order 2000
6
1
The Enzootic Bovine Leukosis (England) Order 2000 is amended as follows.
2
In article 4(1), for “Divisional Veterinary Manager responsible for that area” substitute “Secretary of State”.
3
In article 5(1), for “Divisional Veterinary Manager of the area from which the sample was taken or in which the laboratory is situated” substitute “Secretary of State”.
Amendment to the Foot-and-Mouth Disease (England) Order 2006
7
1
The Foot-and-Mouth Disease (England) Order 2006 is amended as follows.
2
For article 9(5) substitute —
5
Where notification is received under this article from a person other than the occupier of the premises where the relevant animal or carcase is located, a veterinary inspector may serve a notice on the occupier informing the occupier that —
a
notification has been received under this article; and
b
Schedule 1 applies in relation to the premises.
Amendment to the Avian Influenza and Influenza of Avian Origin in Mammals (England) ( No. 2) Order 2006
8
Article 9(4) of the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 is omitted.
Revocation
9
The Animal Health Orders (Divisional Veterinary Manager Amendment) Order 1995 is revoked .
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
6th October 2009


text:
PART 1 General
Citation and commencement
1
1
These Regulations may be cited as the Social Security (State Pension and National Insurance Credits) Regulations 2009.
2
Regulations 23 to 26 shall come into force on 6th April of the flat rate introduction year.
3
The other provisions of these Regulations shall come into force on 6th April 2010.
PART 2 Graduated retirement benefit - amendment of primary legislation
Amendment of the National Insurance Act 1965
2
The National Insurance Act 1965 is amended as follows.
3
1
In subsection (2) of section 36 (graduated retirement benefit), for “the units” to the end substitute “, a unit of graduated contributions shall be £7.50.”.
2
The amendment in paragraph (1) does not apply —
a
in relation to a woman who attained pensionable age before 6th April 2010; or
b
for the purposes of the reference to the graduated retirement benefit of a deceased person in section 37(1) (as amended by regulation 4 ), where the deceased person was a woman who would have attained pensionable age before 6th April 2010.
4
1
Subsection (1) of section 37 (special provisions as to graduated retirement benefit for widows, widowers and surviving civil partners) is amended in accordance with this regulation.
2
For paragraphs (a) to (c) substitute —
, where a person, having paid graduated contributions as an insured person, dies leaving a widow, widower or surviving civil partner and the survivor —
a
has attained pensionable age at the time of the death; or
b
remains that person’s widow, widower or surviving civil partner (as the case may be) when attaining pensionable age,
.
3
Omit the words from “; and where a man” to the end of the subsection.
4
The amendment in paragraph (2) does not apply where the survivor attained pensionable age before 6th April 2010 (and it is immaterial for this purpose when the deceased person died).
PART 3 State pension reform - amendment of secondary legislation
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
5
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are amended as follows.
6
1
Regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.
2
In paragraph (2), omit the definitions of “home responsibilities year” and “qualifying year”.
3
The amendment in paragraph (2) does not apply where the person concerned attained pensionable age or died before 6th April 2010.
7
1
Regulation 2 (election to be treated as not having retired) is amended in accordance with this regulation.
2
For paragraph (2) substitute —
2
Paragraph (1) shall not apply to a person who has previously made such an election.
.
3
In paragraph (3), omit “or consent”.
4
In paragraph (4), for “paragraphs (5) and (6)” substitute “paragraph (6)”.
5
Omit paragraph (5).
8
1
Regulation 3 (provisions applying after election) is amended in accordance with this regulation.
2
In paragraph (a), omit the words from “and no Category B retirement pension” to “his contributions”.
3
At the end of paragraph (b), omit “and”.
4
Omit paragraph (c).
9
In paragraph (1)(a) of regulation 4 (days to be treated as days of increment), omit the words from “or, in the case of a married woman” to “a Category B retirement pension,”.
10
For the heading to regulation 6 (benefit at reduced rates for those who do not satisfy the contribution conditions in full) substitute —
Rate of benefit where the second contribution condition in paragraph 5 of Schedule 3 to the Social Security Contributions and Benefits Act 1992 is not satisfied
.
11
1
Regulation 6 is amended in accordance with this regulation.
2
In paragraph (3B), for “Subject to paragraph (4) of this regulation, the” substitute “The”.
3
Omit paragraph (4).
4
After paragraph (5) insert —
6
For the purposes of this regulation, “qualifying year” means a year for which a person’s earnings factor is sufficient to satisfy paragraph 5(3)(b) of Schedule 3 to the Social Security Contributions and Benefits Act 1992 and includes a year which is treated as such a year by virtue of regulation 8(4).
.
5
The amendments in paragraphs (2) to (4) do not apply where the contributor concerned attained pensionable age or died before 6th April 2010.
12
After regulation 6 insert —
Proportion of retirement pension where the contribution condition in paragraph 5A of Schedule 3 to the Social Security Contributions and Benefits Act 1992 is not satisfied
6A
1
This regulation applies where the contribution condition in paragraph 5A of Schedule 3 (contribution conditions for entitlement to benefit) to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) is not satisfied in relation to a benefit to which that paragraph applies.
2
The amount of such a benefit to which a person is nevertheless entitled shall be —
a
1/30th of the weekly rate of basic pension in that benefit for each year in the contributor’s working life in relation to which the requirements of paragraph 5A(2)(a) and (b) of Schedule 3 to the 1992 Act are satisfied; and
b
any additional pension in that benefit arising from one or more surpluses in the contributor’s earnings factors for the relevant years.
3
For the purposes of paragraph (2)(a), satisfaction of the requirements of paragraph 5A(2)(a) and (b) of Schedule 3 to the 1992 Act in relation to a year includes satisfaction of those requirements by virtue of regulation 8.
4
Paragraph (5) of regulation 6 applies to entitlement to a Category A retirement pension by virtue of this regulation as it does to such entitlement by virtue of that regulation.
Regulations 6 and 6A: supplemental
6B
In regulations 6 and 6A, “basic pension” includes the weekly rate of Category B retirement pension specified in paragraph 5 of Part 1 (contributory periodical benefits) of Schedule 4 (rates of benefit, etc) to the Social Security Contributions and Benefits Act 1992.
.
13
1
Regulation 8 (substitution of former spouse’s or former civil partner’s contribution record to give entitlement to a Category A retirement pension) is amended in accordance with this regulation.
2
In paragraph (1)(c), after “any person” insert “, other than one to whom regulation 8A applies,”.
3
In paragraph (2), for “to the Act” substitute “to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) or the contribution condition for such a pension specified in paragraph 5A of that Schedule to that Act”.
4
For paragraph (3), substitute —
3
The beneficiary shall be treated as satisfying the first contribution condition specified in paragraph 5 of Schedule 3 to the 1992 Act if his former spouse or former civil partner —
a
had satisfied that condition; or
b
would have satisfied that condition had paragraph 5A of Schedule 3 not been applicable,
as respects any year of his working life up to (inclusive) the year in which the marriage or civil partnership terminated.
.
5
In paragraph (4), after “the second contribution condition” insert “specified in paragraph 5 of Schedule 3 to the 1992 Act or the contribution condition specified in paragraph 5A of that Schedule to that Act”.
6
In paragraph (5), after “regulation 6” insert “or 6A”.
7
Omit paragraph (6).
8
The amendment in paragraph (7) does not apply where the person concerned attained pensionable age before 6th April 2010.
14
After regulation 8 insert —
8A
1
This regulation applies to a person —
a
whose marriage or civil partnership terminated otherwise than by the death of that person’s spouse or civil partner;
b
whose marriage or civil partnership terminated after —
i
that person; and
ii
that person’s former spouse or former civil partner,
attained pensionable age;
c
who attained pensionable age on or after 6th April 2010;
d
whose former spouse or former civil partner attained pensionable age on or after 6th April 2010; and
e
whose former spouse or former civil partner satisfied the contribution condition specified in paragraph 5A(2) of Schedule 3 (contribution conditions for entitlement to benefit) to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”).
2
Where a person to whom this regulation applies does not satisfy the contribution condition specified in paragraph 5A(2) of Schedule 3 to the 1992 Act, that person shall be treated as having satisfied that condition by virtue of the contributions of the former spouse or civil partner.
.
15
1
Schedule 1 (method of treating former spouse’s or former civil partner’s contributions as those of the beneficiary so as to entitle him to a Category A retirement pension) is amended in accordance with this regulation.
2
At the end of sub-paragraph (b) of paragraph 1 insert —
; and
c
“qualifying year” means a year for which the former spouse’s or former civil partner’s earnings factor is sufficient to satisfy —
i
paragraph 5(3)(b); or
ii
paragraph 5A(2)(b),
of Schedule 3 to the Social Security Contributions and Benefits Act 1992 and does not include a year which is treated as such a year by virtue of regulation 8(4).
.
3
The amendment in paragraph (2) does not apply so as to include in the definition of “qualifying year” any years credited by virtue of section 23A(5) of the Social Security Contributions and Benefits Act 1992 where the marriage or civil partnership terminated before 6th April 2010.
Amendment of the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979
16
The Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979 are amended as follows.
17
In paragraph (1) of regulation 2 (interpretation), before the definition of “the Act” insert —
“the 1992 Act” means the Social Security Contributions and Benefits Act 1992;
.
18
In the heading to regulation 3 (modifications of the Act and the Pensions Act in their application to pre-1975 beneficiaries and pre-1975 contributors), for “the Act and the Pensions Act in their” substitute “pensions legislation in its”.
19
In regulation 3, for “the Act and the Pensions Act” substitute “the Act, the Pensions Act and the 1992 Act”.
20
In the heading to regulation 7 (modifications relating to the second contribution condition for widowed mother’s allowance, widow’s pension and Category A and B retirement pension), at the end insert “and to the contribution condition for Category A and B retirement pension for those attaining pensionable age on or after 6th April 2010”.
21
In paragraph (1) of regulation 7, for the words from “only for the purposes” to the end substitute —
for the purposes of —
a
the second contribution condition for a widowed mother’s allowance, a widow’s pension or a Category A or Category B retirement pension specified in paragraph 5(3) of Schedule 3 to the 1992 Act; and
b
the contribution condition for a Category A or Category B retirement pension specified in paragraph 5A(2) of that Schedule.
.
22
1
Regulation 13 (provision relating to treatment of reckonable years) is amended in accordance with this regulation.
2
In paragraph (1), for “paragraphs 5(2)(b) and 5(3)(b) of Schedule 3 to the Act” substitute “paragraph 5(2)(b) and (3)(b) and paragraph 5A(2)(b) of Schedule 3 to the 1992 Act”.
3
In paragraph (2), for “to the Act” substitute “to the 1992 Act or paragraph (b) of the contribution condition specified in paragraph 5A(2) of that Schedule”.
Amendment of the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001
23
The Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001 are amended as follows.
24
1
Paragraph (2) of regulation 1 (citation, commencement and interpretation) is amended in accordance with this regulation.
2
Before the definition of “the Administration Act” insert —
“the 2007 Act” means the Welfare Reform Act 2007 ;
.
3
In the definition of “contracted-out employment”, after “means” insert “, subject to regulation 3(5),”.
25
1
Regulation 2 (calculation of additional pension where contributions equivalent premium paid or treated as paid) is amended in accordance with this regulation.
2
For “section 45(2)(c) of the 1992 Act” substitute “section 45(2)(c) or (d) of the Contributions and Benefits Act”.
3
For “Schedule 4A to the 1992 Act” substitute “Schedule 4A to the Contributions and Benefits Act or, as the case may be, Parts 1 and 2 of Schedule 4B to that Act ”.
26
1
Regulation 3 (calculation of additional pension: earnings partly from employment with contracted-out scheme membership) is amended in accordance with this regulation.
2
In paragraph (2), after “Schedule 4A” insert “or, as the case may be, in paragraph 1(1) of Schedule 4B”.
3
In paragraph (3), after “Schedule 4A” insert “or, as the case may be, in paragraphs 8 and 9 of Schedule 4B”.
4
In paragraph (4)(d), after “Schedule 4A” insert “or, as the case may be, in paragraph 10(1)(c) of Schedule 4B”.
5
After paragraph (4) insert —
5
In so far as paragraphs (1) to (4) apply in respect of the calculation of additional pension under Schedule 4B to the Contributions and Benefits Act, the definition of “contracted-out employment” has effect as if the words from “or a money purchase contracted-out scheme” to the end were omitted.
.
27
After regulation 5 insert —
Earnings factor credits eligibility for pensioners to whom employment and support allowance was payable
5A
1
For the purposes of subsection (3) of section 44C (earnings factor credits) of the Contributions and Benefits Act , a pensioner is eligible for earnings factor enhancement in respect of a week if that pensioner satisfies one or more of the conditions in paragraph (2) and was —
a
a person to whom employment and support allowance was payable for any part of that week;
b
a person to whom that allowance would have been payable but for the fact that that person did not satisfy the contribution condition in paragraph 1 or paragraph 2 of Schedule 1 to the 2007 Act; or
c
a person to whom that allowance would have been payable but for the fact that under regulations the amount was reduced to nil because of —
i
receipt of other benefits; or
ii
receipt of payments from an occupational pension scheme or personal pension scheme.
2
The conditions are —
a
immediately prior to that week, employment and support allowance was payable or would have been payable for —
i
a continuous period of 52 weeks; or
ii
a period of 52 weeks treated as continuous by virtue of regulations made under paragraph 4 of Schedule 2 to the 2007 Act;
b
that allowance included or would have included the support component under section 2(2) of the 2007 Act; or
c
immediately prior to that week, in the case of —
i
a man born in the period beginning with 6th April 1946 and ending with 5th April 1947; or
ii
a woman born in the period beginning with 6th October 1950 and ending with 5th April 1951,
that allowance was payable or would have been payable for a continuous period of 13 weeks immediately following a period throughout which statutory sick pay was payable.
3
In this regulation, “employment and support allowance” means an employment and support allowance under Part 1 (employment and support allowance) of the 2007 Act.
.
PART 4 National insurance credits - amendment of secondary legislation
Amendment of the Social Security (Credits) Regulations 1975
28
The Social Security (Credits) Regulations 1975 are amended as follows.
29
1
Regulation 3 (general provisions relating to the crediting of contributions and earnings) is amended in accordance with this regulation.
2
For paragraph (1)(a) substitute —
aa
in relation to short-term incapacity benefit, the second contribution condition specified in paragraph 2(3) of Schedule 3 (contribution conditions for entitlement to benefit) to the Contributions and Benefits Act;
ab
in relation to —
i
widowed mother’s allowance;
ii
widowed parent’s allowance;
iii
bereavement allowance; and
iv
widow’s pension,
the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Contributions and Benefits Act;
ac
in relation to a Category A or Category B retirement pension —
i
in the case of a retirement pension to which paragraph 5 of Schedule 3 to the Contributions and Benefits Act applies, the second contribution condition specified in paragraph 5(3); and
ii
otherwise, the contribution condition specified in paragraph 5A(2) of Schedule 3 to that Act;
.
30
1
Regulation 9A is amended in accordance with this regulation.
2
In paragraph (1), for “he” substitute “a person to whom this regulation applies”.
3
After paragraph (1) insert —
1A
This regulation applies to a man born before 6th October 1954 but who has not attained the age of 65.
.
4
For paragraph (2) substitute —
2
This regulation shall apply to —
a
the tax year in which a man attains the age which is pensionable age in the case of a woman born on the same day as that man; and
b
to any succeeding tax year,
but not including the tax year in which he attains the age of 65 or any subsequent tax year.
.
Signed by authority of the Secretary of State for Work and Pensions
William D.Mckenzie.
Parliamentary Under-Secretary of State
Department for Work and Pensions
17th August 2009


text:
Citation, commencement, interpretation and relevant authority
1
1
These Regulations may be cited as the Criminal Defence Service (Information Requests) Regulations 2009 and come into force on 2nd March 2009.
2
In these Regulations —
“the 1999 Act ” means the Access to Justice Act 1999;
“the 2003 Act ” means the Income Tax (Earnings and Pensions) Act 2003 ;
“the 2005 Act ” means the Income Tax (Trading and Other Income) Act 2005 ;
“application” means an application for the grant of a right to representation under section 14 of the 1999 Act;
“partner” means a person with whom the individual lives as a couple (including a person with whom the individual is not currently living but from whom the individual is not living separate and apart);
“prescribed benefit” means a benefit listed in the table in regulation 2 of the Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009 .
3
The Legal Services Commission or a court officer or other person to whom the Commission, in accordance with section 3(4) of the 1999 Act, has delegated its functions under paragraph 2A of Schedule 3 to the 1999 Act is the relevant authority for the purposes of paragraph 6 of Schedule 3 to the 1999 Act and is referred to in these Regulations as “the relevant authority”.
Information request: Secretary of State
2
An information request made to the Secretary of State by the relevant authority under paragraph 6(1)(a) of Schedule 3 to the 1999 Act may include a request for the disclosure of information as to whether the individual —
a
has been in receipt of any prescribed benefit during the period of two years before the date of the request and, if so —
i
which prescribed benefit;
ii
the amount received;
iii
the period of receipt;
b
has or at the date of the application had a partner and, if so, the full name, date of birth and national insurance number of that partner.
Information request: Commissioners
3
An information request made to the Commissioners by the relevant authority under paragraph 6(1)(b) of Schedule 3 to the 1999 Act may include a request for the disclosure of any of the following information —
a
the amount of any of the following types of income of the individual charged to income tax for each of the last two years of assessment before the year in which the application was made —
i
employment income under Part 2 of the 2003 Act;
ii
pension income under Part 9 of the 2003 Act;
iii
social security income under Part 10 of the 2003 Act;
iv
trading income under Part 2 of the 2005 Act;
v
property income under Part 3 of the 2005 Act;
vi
savings and investment income under Part 4 of the 2005 Act;
vii
any other income under the 2005 Act;
b
the amount of any chargeable gains charged to capital gains tax under the Taxation of Chargeable Gains Act 1992 for each of the last two years of assessment before the year in which the application was made;
c
whether the individual is one of two or more persons carrying on a trade, profession or business in partnership and, if so, the name of that partnership;
d
whether the individual is a director of a company and, if so, the name of that company;
e
whether the individual is or was at the date of the application in receipt of any of the following benefits —
i
child benefit under section 141 of the Social Security Contributions and Benefits Act 1992 ;
ii
child tax credit under Part 1 of the Tax Credits Act 2002 ;
iii
working tax credit under Part 1 of the Tax Credits Act 2002;
iv
statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992;
f
whether the individual has or at the date of the application had a partner and, if so, the full name, date of birth and national insurance number of that partner.
Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
26th February 2009


text:
Title and commencement
1
The title of this Order is The County Borough of Bridgend (Communities) Order 2009 and it comes into force on 1 December 2009.
Interpretation
2
In this Order —
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 ;
“Map A” means the map marked “Map A of the County Borough of Bridgend (Communities) Order 2009” and deposited in accordance with Regulation 5 of the Regulations;
“Map B” means the map marked “Map B of the County Borough of Bridgend (Communities) Order 2009” and deposited in accordance with regulation 5 of the Regulations; and
where a boundary is shown on a map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
3
Changes are made in the local government area of the County Borough of Bridgend in accordance with the following provisions of this Order.
Brackla and Bridgend — change in community areas
4
The part of the community of Brackla shown hatched area “A” on Map A —
a
is transferred to the community of Bridgend;
b
forms part of the Oldcastle ward of the community of Bridgend; and
c
forms part of the electoral division of Oldcastle.
Coychurch Lower and Bridgend — change in community areas
5
The part of the community of Coychurch Lower shown hatched area “B” on Map A —
a
is transferred to the community of Bridgend;
b
forms part of the Oldcastle ward of the community of Bridgend; and
c
forms part of the electoral division of Oldcastle.
Bridgend and Merthyr Mawr — change in community areas
6
The part of the community of Bridgend shown hatched on Map B —
a
is transferred to the community of Merthyr Mawr; and
b
forms part of the electoral division of Bryntirion, Laleston and Merthyr Mawr.
Brian Gibbons
Minister for Social Justice and Local Government, one of the Welsh Ministers
16 November 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parliamentary Commissioner Order 2009 and comes into force on 24th August 2009.
2
In this Order “the Act” means the Parliamentary Commissioner Act 1967.
Amendment to Schedule 2 to the Act
2
In Schedule 2 to the Act (Departments etc. subject to investigation) —
a
insert the following entries in the appropriate place —
Board of the Pension Protection Fund.
;
Department for Business, Innovation and Skills.
;
Official receiver
;
Probation trusts.
;
b
insert the following note after the general note —
Board of the Pension Protection Fund
In the case of the Board of the Pension Protection Fund, an investigation may be conducted only in respect of action in connection with its functions relating to the financial assistance scheme established by regulations under section 286(1) of the Pensions Act 2004 .
.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) (Amendment) Regulations 2009 and shall come into force on 6th April 2009.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
2
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended in accordance with this regulation.
2
After regulation 69 (miscellaneous provisions affecting section 51 of the 1993 Act), insert —
Conversion of guaranteed minimum pensions into other benefits: actuarial equivalence
69A
1
For the purposes of Condition 1 of section 24B of the 1993 Act (the conversion conditions), actuarial equivalence is to be determined in accordance with this regulation.
2
The trustees are responsible for determining actuarial equivalence.
3
In determining actuarial equivalence, the trustees must —
a
obtain advice from the actuary about what assumptions are appropriate at the conversion date,
b
consider that advice,
c
decide what assumptions are appropriate at the conversion date and, if the trustees later think it is necessary, change that decision, and
d
arrange for the actuary to calculate the actuarial values of the post-conversion benefits and the pre-conversion benefits in accordance with paragraph (4).
4
In calculating the actuarial values mentioned in paragraph (3)(d), the actuary must —
a
use the assumptions chosen by the trustees under paragraph (3)(c), and
b
ignore the value of any —
i
benefits that have been commuted,
ii
amounts that have been paid in respect of any benefits,
iii
amounts in respect of any benefits that, before the conversion date, became due to be paid, and
iv
discretionary benefits that might be awarded in the future.
5
When the actuarial values mentioned in paragraph (3)(d) have been calculated, the actuary must send the trustees a certificate if the post-conversion benefits are actuarially at least equivalent to the pre-conversion benefits.
6
The certificate must —
a
state that —
i
the calculations have been completed, and
ii
the post-conversion benefits are actuarially at least equivalent to the pre-conversion benefits, and
b
be sent to the trustees no later than three months after the calculations have been completed.
Conversion of guaranteed minimum pensions into other benefits: survivors’ benefits
69B
1
For the purposes of Condition 4 of section 24B of the 1993 Act, the circumstances in which, and periods during which, the converted scheme must provide survivors’ benefits are prescribed in this regulation.
2
The circumstances are that —
a
an earner’s pre-conversion benefits include a guaranteed minimum pension, and
b
the scheme before conversion provided that —
i
if such an earner dies leaving a widow, widower or surviving civil partner (whether before or after attaining pensionable age), the widow, widower or surviving civil partner will be entitled to a guaranteed minimum pension, and
ii
such a widower or surviving civil partner’s guaranteed minimum pension will be payable in the circumstances set out in regulation 57(a) to (c) .
3
The periods are —
a
for widows, widowers and surviving civil partners, any period mentioned in section 17(4A)(a) and (b) of the 1993 Act (minimum pensions for widows and widowers) ,
b
for widows, widowers and surviving civil partners whose entitlement by virtue of the earner’s contributions to a widowed parent’s allowance or bereavement allowance has come to an end at a time after the widow, widower or surviving civil partner attained the age of 45, so much of the period beginning with the time when that entitlement came to an end as neither —
i
comprises a period during which the widow, widower or surviving civil partner and —
aa
a person of the opposite sex are living together as husband and wife, or
bb
a person of the same sex are living together as if they were civil partners, nor
ii
falls after the time of any —
aa
marriage, or
bb
formation of a civil partnership,
by the widow, widower or surviving civil partner which takes place after the earner’s death,
c
for widows, any period for which a widowed mother’s allowance or widow’s pension is payable to the widow by virtue of the earner’s contributions, and
d
for widowers and surviving civil partners, any period which is, by virtue of regulation 58 , a prescribed period for the purposes of section 17(6) of the 1993 Act .
4
Paragraph (3)(b)(i)(bb) and (ii)(bb) does not apply where the earner died before 5th December 2005.
.
Signed by authority of the Secretary of State for Work and Pensions.
William D.McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
2 April 2009


text:
Citation, commencement and application
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2009 and shall come into force on 23rd June 2009.
2
This Order applies in relation to England only.
Amendment of the Town and Country Planning (General Development Procedure) Order 1995
2
1
The Town and Country Planning (General Development Procedure) Order 1995 is amended as follows.
2
In article 2B (local development orders) omit —
a
sub-paragraph (b) of paragraph (2); and
b
paragraphs (10) and (11).
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
20th May 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2009 and shall come into force on 6th April 2009.
2
In these Regulations —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” does not include an amendment of an approval; and
“working days” does not include weekends or public holidays.
3
Any reference in these Regulations to the renewal of an approval, explosives certificate, licence or registration (each referred to in this paragraph as an “authorisation”) means the granting of the authorisation concerned to follow a previous authorisation of the same kind without any amendment or gap in time.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part 1 of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part 2 of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part 3 of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for application for approval under the Freight Containers (Safety Convention) Regulations 1984
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on each application for the approval described in column 1 of Schedule 3 shall be that specified in column 2 of that Schedule.
Fees for various applications under the Control of Asbestos Regulations 2006
5
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Control of Asbestos Regulations 2006 (“the 2006 Regulations”).
2
The fee payable on application for a licence described in column 1 of Table 1 in Schedule 4 shall be that specified in column 2 of that Table.
3
Where the Executive refuses to grant an applicant a licence under the 2006 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.
4
The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 in Schedule 4.
5
Where the Executive amends a licence granted under the 2006 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.
6
The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 in Schedule 4.
7
Where the Executive replaces a lost licence granted under the 2006 Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 4.
Fees for examination or surveillance by an employment medical adviser
6
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 5.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 5 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos Regulations 2006, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002
7
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002 .
2
The fee payable for each item described in column 1 of Schedule 6 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
8
1
A fee shall be payable by the applicant to the Executive on each application for —
a
an original approval of dosimetry services granted for the purposes of the 1999 Regulations;
b
the reassessment of an original approval of dosimetry services previously granted for the purposes of the 1999 Regulations; or
c
the amendment of an original approval granted for the purposes of the 1999 Regulations and amended pursuant to section 11(1) of the 1974 Act.
2
A fee shall be payable by the applicant to the Executive on each application for an original type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations or for an amendment of an original type approval amended pursuant to section 11(1) of the 1974 Act.
3
The fee payable for an original approval, reassessment of an original approval or amendment of an original approval referred to in paragraph (1), and for an original type approval or amendment of an original type approval referred to in paragraph (2) in respect of each matter described in column 1 of Table 1 in Schedule 7 shall be that specified in the corresponding entry in column 2 and column 3 of that Table.
4
A fee shall be payable by the applicant to the Executive on each application for —
a
an original approval of dosimetry services for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 ;
b
for the reassessment of an original approval of dosimetry services previously granted for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 ; or
c
,for the amendment of an original approval granted for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations and amended pursuant to section 11(1) of the 1974 Act.
5
The fee payable for an application referred to in paragraph (4) for each purpose specified in column 1 of Table 2 in Schedule 7 shall be that specified in column 2 of that Table.
6
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable —
a
by virtue of paragraph (1) or (2), or
b
by virtue of paragraph (4)
and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.
7
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
8
Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.
9
A fee shall be payable by an employer to the Executive for each dose record sent by or on behalf of that employer pursuant to regulation 21(3)(e) of the Ionising Radiations Regulations 1999, in the amount set out in column 2 of Table 3 in Schedule 7 for the work carried out by or on behalf of the Executive by virtue of the provisions set out in column 1 of that table and for the purposes specified in column 3 of that table.
10
For the purpose of this regulation and Schedule 7 only —
“amendment of an original approval” in table 1 and table 2 of Schedule 7 includes the issue of a new approval replacing the original and incorporating the amendments;
“the 1999 Regulations” means the Ionising Radiations Regulations 1999 ;
“processing” in table 3 in Schedule 7 means obtaining, recording or holding the information or carrying out any operation or set of operations on that information including —
organisation, adaptation or alteration of the information;
retrieval or consultation of the information; and
disclosure by transmission, dissemination or otherwise making available the information, in whatever format.
Fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
9
1
Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive, save that, in the case of an application referred to in column 2 of that Part for a licence to manufacture ammonium nitrate blasting intermediate , or to vary any such licence, the fee referred to in column 3 of that Part as an amount per hour worked —
a
shall be adjusted pro rata for a period worked of less than one hour; and
b
shall be payable prior to notification of the result of the application.
2
Where any application in relation to a provision specified in column 1 of Part 2 of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to that licensing authority.
3
Where an application in relation to the provision specified in column 1 of Part 3 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
4
The fee payable under each provision specified in column 1 of Part 4 of Schedule 8 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
5
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (3) for any purpose specified in column 2 of each of Parts 1 and 3 of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8.
7
The fee for an application for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8 —
a
shall be that specified in the corresponding entry in column 2 in the respective Part; and
b
shall be payable on making the application, save that, where in column 2 of Part 7 a part of the fee is determined as an amount per hour worked, that part shall be payable prior to notification of the result of the application and shall be adjusted pro rata for a period worked of less than one hour.
8
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (6) for any purpose specified in column 1 of each of Parts 5 and 6 of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
9
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part 8 of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
10
Where any application in relation to the provision specified in column 1 in Table 1 in Part 9 of Schedule 8 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table shall be payable by the applicant to the chief officer of police.
11
Where, in relation to an application for an explosives certificate under the Control of Explosives Regulations 1991 , a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee shall be payable by the applicant to the chief officer of police and the fee, which shall be payable prior to that check being carried out, shall be that specified in Table 2 in Part 9 of Schedule 8.
12
Parts 2, 4 and 9 of Schedule 8 shall have effect subject to, respectively, the Notes to Parts 2, 4 and 9.
13
For the purposes of this regulation and Schedule 8 —
a
“the 1968 Act” means the Firearms Act 1968 ;
b
“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005 ;
c
“ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “registration”, “shooters’ powder” and “site” have the same meanings as in the 2005 Regulations;
d
“chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings as in the Control of Explosives Regulations 1991;
e
“firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act;
f
“firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act to a person who is registered as a firearms dealer under that section;
g
“relevant application under the 1968 Act” means an application under the 1968 Act —
i
for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; or
ii
for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate; and
h
“relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
11
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence, for any alteration in the terms of, or other change to an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 9 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour worked, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.
Estimate of cost of work
12
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(3)(b), 9(9), 17(1) or 17(2), or to the licensing authority of carrying out any work pursuant to regulation 9(2), the Executive or, as the case may be, the licensing authority shall:
a
on receipt of the application or, as the case may be, request prepare and send to the person making the application or request an estimate of that cost; and
b
before carrying out the work, obtain confirmation from the person making the application or request that he wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
13
1
The fee specified in column 2 of Schedule 10 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees payable in respect of offshore installations
14
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 11 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2005 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following —
a
that operator or owner in relation to the installation to which the current safety case relates; or
b
a contractor in relation to any work carried out by him on or in connection with that installation.
3
For the purposes of this regulation, regulation 17 and Schedule 11, “the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005 and “installation”, “current safety case”, “safety case”, “operator” and “owner have the same meanings as in the 2005 Regulations.
Fees payable in respect of gas safety functions
15
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 12 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that person in relation to the network, including a pipeline that it is intended will form part of the network, to which the safety case relates; or
b
a contractor in relation to work carried out by him on or in connection with that network including work on a pipeline that it is intended will form part of that network;
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is or is to be conveyed or used.
3
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations and a major accident prevention document pursuant to the Pipelines Safety Regulations 1996 for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that person in relation to work relating to a major accident hazard pipeline, including the construction of a pipeline that it is intended will form part of the network, to which the major accident hazard prevention document relates; or
b
a contractor in relation to work carried out by him relating to a major accident hazard pipeline, including the construction of a pipeline that it is intended will form part of the network, to which the major accident hazard prevention document relates;
4
For the purposes of this regulation, regulation 17 and Schedule 12, “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations and “major accident hazard pipeline” has the same meaning as in the Pipelines Safety Regulations 1996.
Fees payable in relation to nuclear installations
16
1
Where, by virtue of the provisions specified in entry (a) or (b) of column 1 of Table 1 in Schedule 13, the Executive carries out any work for a purpose specified in column 2 of that Table, a fee shall be payable to the Executive by the person referred to in column 3 of that Table.
2
Where, by virtue of the provisions specified in column 1 of Table 2 in Schedule 13 the Executive carries out any work for the purpose specified in column 2 of that Table, a fee shall be payable to the Executive by the person referred to in column 3 of that Table.
3
A fee shall be payable to the Executive by a licensee of a nuclear site for the performance by or on behalf of the Executive or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that licensee ; or
b
a contractor in relation to any work carried out by him on or in connection with that nuclear site.
4
For the purpose of this regulation and Schedule 13 —
“the 1965 Act” means the Nuclear Installations Act 1965 ;
“assessment agreement” means an agreement between the Executive and the person requesting the assessment of a design proposal, which identifies the scope of the assessment to be made by the Executive of that design proposal;
“design proposal” means a proposal for any nuclear installation, including matters relating to the installation’s construction, commissioning, operation and decommissioning, which is to be assessed by the Executive prior to any application for a licence under section 1(1) of the 1965 Act which may be made, based upon that proposal;
“licensee” means a person who has been granted a nuclear site licence pursuant to section 1(1) of the 1965 Act; and
“nuclear installation” means a nuclear reactor or an installation within the meaning of section 1(1)(b) of the 1965 Act.
Provisions supplementary to regulations 14 to 16
17
1
The fees referred to in regulations 14 to 16 above shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function, or in the case of regulation 16(1) and (2) the carrying out of the work, referred to in the respective regulation; and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
2
Any fees payable under regulations 14 to 16 shall not include any costs connected with any —
a
in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates’ Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 .
3
For the purposes of regulation 14 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
4
Any reference in regulation 14 to a person who has prepared a current safety case includes a reference to —
a
a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.
5
Any reference in regulation 15 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.
6
Any reference in regulations 14 to 16 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
7
Any reference in regulations 14 to 16 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
18
1
A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) shall be —
a
in respect of an application for an original approval, that specified in column 1 of Table 1 in Schedule 14; and
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 1 in Schedule 14.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 in Schedule 14 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.
7
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 in Schedule 14.
9
Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
10
The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 in Schedule 14.
11
The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989
19
1
A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 .
2
The fee payable under paragraph (1) shall be —
a
where the application for an original approval of training relates to, as the case may be —
i
rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or
ii
rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),
that specified in, respectively, columns 1 and 2 of Table 1 in Schedule 15;
b
in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall —
a
where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 in Schedule 15, or
b
where the application for approval relates to medical training, be that specified in column 2 of that Table.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
Subject to paragraph (7), the fee payable under paragraph (5) shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 in Schedule 15, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.
7
The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 in Schedule 15, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.
8
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
9
The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 in Schedule 15.
10
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
11
The fee payable under paragraph (10) shall —
a
where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 in Schedule 15, or
b
where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).
12
The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 18 and 19
20
1
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive shall repay to the applicant the amount of £168 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive shall repay to the applicant a further amount of £56 in respect of the fees paid for the original approvals of training applied for.
2
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive shall repay to the applicant the amount of £56 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive shall repay to the applicant a further amount of £168 in respect of the fees paid for the original approvals of training applied for.
3
Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive shall repay to the applicant the amount of £56 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive shall repay to the applicant a further amount of £168 in respect of the fees paid for the original approvals of training applied for.
4
Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive shall repay to the applicant the amount of £224 in respect of the fees paid for those applications.
5
In this regulation —
“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981; and
“first-aid training” and “medical training” have the same meanings as in regulation 19.
Revocation
21
The Health and Safety (Fees) Regulations 2008 is revoked.
Signed by authority of the Secretary of State for Work and Pensions.
William D.McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
5th March 2009