text:
PART 1 PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Alteration of Lists and Appeals) (England) Regulations 2009 and shall come into force on 1st October 2009.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988 ;
“the 1992 Act ” means the Local Government Finance Act 1992;
“alteration” means alteration of a list in relation to a particular dwelling, and “alter” shall be construed accordingly;
“appeal” means an appeal under regulation 7(3)(b) or regulation 10(1);
“billing authority”, in relation to a dwelling, means the billing authority in whose area the dwelling is situated;
“company”, “holding company” and “subsidiary” have the same meanings as in the Companies Act 2006 ;
“competent person”, in relation to a proposal and an appeal, means a person (other than the proposer) who, at the date on which the decision notice in respect of that proposal was served on the proposer, would have been competent to make the proposal;
“interested person”, in relation to a dwelling and a day, means —
the owner;
where subsection (3) of section 8 of the 1992 Act has effect on the day, and regulations provide for that subsection to have effect as if, for the reference to the owner, there were substituted a reference to another person, that other person;
in relation to an exempt dwelling or a dwelling in respect of which the amount set under section 30 of the 1992 Act for the financial year is nil, any person (other than the owner) who would be liable to pay council tax if the dwelling were not an exempt dwelling or, as the case may be, the amount so set were other than nil; and
any other person who is a taxpayer in respect of the dwelling;
“list” means a valuation list compiled under section 22 of the 1992 Act;
“ LO ” (listing officer), in relation to a list, means the officer charged with its maintenance under section 22 of the 1992 Act;
“proposal” means a proposal for the alteration of a list;
“proposer” means the person making a proposal;
“taxpayer”, in relation to a dwelling and a day, means the person who is liable (whether solely or jointly and severally) to pay council tax in respect of the dwelling and the day;
“tribunal business arrangements” has the same meaning as in paragraph A17 of Schedule 11 to the 1988 Act;
“valuation tribunal” means a valuation tribunal established in England before 1st October 2009 under paragraph 1 of Schedule 11 to the 1988 Act;
“ VTE ” means the Valuation Tribunal for England;
“VTE members” means the members of the VTE convened in accordance with tribunal business arrangements for the purpose of dealing with an appeal under these Regulations;
“VTE President” means the person who is for the time being the President of the VTE; and
“ VTE Procedure Regulations ” means the Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) Regulations 2009 .
2
Any reference in these Regulations —
a
to a party to an appeal shall be construed in accordance with paragraph (3)(a) of regulation 2 of the VTE Procedure Regulations (interpretation: general);
b
to a dwelling being situated in the area of a billing authority includes a reference to its being treated as so situated; and
c
to Schedule 4A is a reference to Schedule 4A to the 1988 Act as it applies for the purposes of Part 1 (Council Tax: England and Wales) of that Act.
PART 2 COUNCIL TAX: ALTERATIONS RELATING TO LISTS
Restrictions on alteration of valuation bands
3
1
No alteration shall be made of a valuation band shown in a list as applicable to any dwelling unless —
a
since the valuation band was first shown in the list as applicable to the dwelling —
i
there has been a material increase in the value of the dwelling and a relevant transaction has been subsequently carried out in relation to the whole or any part of it; or
ii
subject to paragraph (2), there has been a material reduction in the value of the dwelling; or
iii
the dwelling has become or ceased to be a composite hereditament for the purposes of Part 3 of the 1988 Act; or
iv
in the case of a dwelling which continues to be a composite hereditament, there has been an increase or reduction in its domestic use; or
b
the LO is satisfied that —
i
a different valuation band should have been determined by the LO as applicable to the dwelling; or
ii
the valuation band shown in the list is not that determined by the LO as so applicable; or
c
an order of the VTE, a valuation tribunal or the High Court requires the alteration to be made.
2
In determining whether the valuation band shown in a list as applicable to any dwelling may be altered on the ground specified in paragraph (1)(a)(i), where —
a
the circumstances which caused the increase referred to in that provision arose before an alteration made to correct an inaccuracy in the list had effect in relation to the dwelling in accordance with paragraph (6), (7) or (8) of regulation 11 (“the previous alteration”); and
b
the previous alteration has had effect before a relevant transaction has been carried out,
the previous alteration shall be deemed to have had effect before the circumstances which caused the material increase arose.
3
Where a material reduction in the value of a dwelling is caused wholly by the demolition of any part of the dwelling, the valuation band shall not be altered if the works of demolition are part of, or connected with, a building, engineering or other operation carried out, in progress or proposed to be carried out in relation to the dwelling.
4
The reference in paragraph (3) to an operation does not include the repair of any damage caused to the dwelling in the course of demolition.
Circumstances and periods in which proposals may be made
4
1
Subject to the following paragraphs of this regulation, where a billing authority or an interested person is of the opinion that a list is inaccurate because —
a
it shows as a dwelling property which ought not to be shown (including property shown as one dwelling which, by virtue of article 3 of the Council Tax (Chargeable Dwellings) Order 1992 , falls to be shown as a number of dwellings, but excluding property in respect of which a determination of the LO under article 4 of that Order is for the time being effective for the purposes of Part 1 of the 1992 Act); or
b
it fails to show a dwelling which ought to be shown; or
c
the LO has determined as applicable to the dwelling a valuation band other than that which should have been determined as so applicable; or
d
since the valuation band was first shown in the list as applicable to the dwelling, one (or more) of the events mentioned in regulation 3(1)(a) has occurred; or
e
in relation to a matter shown in it, account has not been taken (whether as regards a particular dwelling or a class of dwelling) of a relevant decision of the VTE, a valuation tribunal or the High Court,
that authority or person may make a proposal for the alteration of the list.
2
No proposal in relation to the matter mentioned in sub-paragraph (e) of paragraph (1) may be made after the expiry of the period of six months beginning on the day on which the decision in question was made.
3
Subject to paragraph (4) and regulation 7(3)(a), where, in relation to a dwelling shown in a list compiled under section 22 of the 1992 Act on the day on which it is compiled, a billing authority or an interested person is of the opinion that the list is inaccurate because the LO has determined as applicable to the dwelling a valuation band other than that which should have been determined as so applicable, any proposal for the alteration of that list as regards that matter must be made not later than the end of the period of six months beginning on the day on which the list is compiled.
4
A person who on any day during the period in which a list is in force becomes the taxpayer in respect of a particular dwelling shown in the list may, subject to paragraph (5), make a proposal for the alteration of the list in respect of that dwelling where —
a
he has not during that period previously been the taxpayer in respect of that dwelling; or
b
the dwelling is first shown in the list after the day on which it was compiled.
5
No proposal may be made under paragraph (4) where —
a
six months has expired since the day on which the person first became the taxpayer;
b
a proposal to alter the same list in relation to the same dwelling and arising from the same facts has been considered and determined by the VTE otherwise than as mentioned in regulation 32 of the VTE Procedure Regulations (hearing in a party’s absence) or by the High Court;
c
the new taxpayer is a company which is a subsidiary of the immediately preceding taxpayer;
d
the immediately preceding taxpayer is a company which is a subsidiary of the new taxpayer;
e
both the new and the immediately preceding taxpayers are companies which are subsidiaries of the same company; or
f
the change of taxpayer has occurred solely by reason of the formation of a new partnership in relation to which any of the partners was a partner in the previous partnership.
6
Where the LO has altered the list in respect of a dwelling, a billing authority or an interested person may, within six months of the service of the notice of alteration under regulation 12, make a proposal for either or both of the following —
a
the restoration of the list to its state before the alteration was made,
b
a further alteration of the list in respect of that dwelling.
7
Paragraph (6) does not apply to the extent that the alteration in question —
a
consists of —
i
the insertion or alteration of a reference number,
ii
the alteration of an address,
iii
the correction of a clerical error, or
iv
the entry of the day from which an alteration has effect where the day is the completion day determined under Schedule 4A in relation to the dwelling concerned; or
b
reflects a change in the area of the billing authority or a decision of the VTE or the High Court in relation to the dwelling concerned.
Manner of making proposals and information to be included
5
1
A proposal shall be made by notice in writing served on the LO; and the notice shall —
a
state the name and address of the proposer, and the capacity in which the proposer makes the proposal;
b
identify the dwelling to which it relates;
c
identify the respects in which it is proposed the list be altered; and
d
include —
i
a statement of the reasons for believing the list to be inaccurate;
ii
if the proposal is made in the circumstances mentioned in regulation 4(1)(d), a statement of the reasons for the belief that an event mentioned in regulation 3(1)(a) has occurred, and of the date on which the event occurred;
iii
if the proposal is made in the circumstances mentioned in regulation 4(1)(e), a statement identifying the property to which the decision in question relates and the date of that decision and (as the case may be) that the decision was a decision of the VTE or the High Court;
iv
if the proposal is made in the circumstances mentioned in regulation 4(3), a statement of the day on which the proposer became the taxpayer;
v
if the proposal disputes the accuracy of an alteration made by the LO, a statement of the day on which the LO served the relevant notice under regulation 12;
vi
if the proposal disputes the day from which an alteration should have effect, a statement of the day proposed in its place.
2
A proposal may deal with more than one dwelling —
a
in the circumstances mentioned in regulation 4(1)(a); or
b
where the proposer makes the proposal in the same capacity as respects each dwelling, and each of the dwellings is within the same building as each other dwelling or, where any of them is not within a building, it is within the same curtilage as the other or others.
Acknowledgement of proposals
6
1
Subject to paragraph (2), within the period of 28 days beginning on the day on which the LO receives a proposal, the LO shall by notice in writing served on the proposer acknowledge its receipt.
2
Paragraph (1) does not apply where the LO serves a notice under regulation 7 in respect of the proposal.
3
A notice under paragraph (1) shall specify the date of receipt of the proposal; and shall be accompanied by a statement of the effect of regulations 8 to 12.
Proposals treated as invalid
7
1
Where the LO is of the opinion that a proposal has not been validly made, the LO may, within four weeks of its service, serve notice (an “invalidity notice”) on the proposer that the LO is of that opinion, and stating —
a
the LO’s reasons for that opinion, and
b
the effect of paragraphs (3) to (6).
2
The LO may at any time withdraw an invalidity notice by notice in writing served on the proposer; and on such withdrawal any appeal against the invalidity notice shall be treated as having been withdrawn.
3
Unless an invalidity notice has been withdrawn in accordance with paragraph (2), the person on whom it is served may, within four weeks of its service —
a
subject to paragraph (4), make a further proposal in relation to the same dwelling, notwithstanding the previous expiry of any period applicable under regulation 4, or
b
appeal against the notice to the VTE.
4
No proposal may be made under paragraph (3)(a) where the proposal to which the invalidity notice relates was made under paragraph (3)(a) or after the expiry of any period applicable under regulation 4.
5
Where a proposal is made under paragraph (3)(a), the proposal in respect of which the invalidity notice was served shall be treated as having been withdrawn.
6
An appeal against an invalidity notice shall be made by the proposer serving on the VTE a copy of the invalidity notice together with a written statement of the following matters to the extent that they are not included in the invalidity notice —
a
the address of the dwelling to which the proposal relates;
b
the reasons for the appeal against the invalidity notice; and
c
the names and addresses of —
i
the proposer; and
ii
the LO.
7
Where the LO withdraws an invalidity notice after an appeal against it has been made, the LO shall, as soon as reasonably practicable, inform the VTE of the withdrawal.
8
Until it is finally decided that the proposal to which an invalidity notice relates was validly made, regulations 8 to 12 shall not apply in relation to the proposal; and where it is finally decided as so mentioned, those regulations shall have effect as if the proposal had been served on the LO on the date of that final decision.
9
For the purposes of paragraph (8), a final decision is made —
a
where the invalidity notice is withdrawn, on the day of the withdrawal;
b
in any other case, on the day on which —
i
the VTE having determined the appeal, the period within which an appeal may be made to the High Court under regulation 45 of the VTE Procedure Regulations (notification of further proceedings) expires without such an appeal being made; or
ii
the High Court determines the appeal.
10
Nothing done under this regulation shall be construed as preventing any party to an appeal under regulation 10 from contending for the purposes of that appeal that the proposal to which the appeal relates was not validly made.
Procedure subsequent to the making of proposals
8
1
Within six weeks beginning on the day on which a proposal is served on him, the LO shall serve a copy of the proposal on each of the following (not being the proposer) —
a
any person who then appears to him to be the taxpayer as regards any dwelling to which the proposal relates; and
b
the billing authority, where that authority has served notice on the LO that it wishes to receive a copy of a class or classes of proposal, and the proposal falls within any such class.
2
Each copy of a proposal served under paragraph (1)(a) shall be accompanied by a statement of the effect of regulations 9 to 12.
Decision of listing officer
9
1
Within the period of four months beginning on the date on which the proposer served the proposal on the LO —
a
the LO shall decide whether —
i
the whole of the proposal is well-founded;
ii
only part of the proposal is well-founded; or
iii
the whole of the proposal is not well-founded; and
b
in relation to any dwelling to which the proposal relates —
i
where the decision is that referred to in sub-paragraph (a)(i), the LO shall decide to alter the list accordingly;
ii
where the decision is that referred to in sub-paragraph (a)(ii), the LO may reach an agreement with the proposer on an alteration of the list, which is in accordance with this Part, in terms which are partly different from those contained in the proposal but otherwise in accordance with the proposal;
iii
where the decision is that referred to in sub-paragraph (a)(iii) the LO may reach an agreement with the proposer on an alteration of the list, which is in accordance with this Part, in terms which are wholly different from those contained in the proposal;
iv
where the decision is that referred to in sub-paragraph (a)(ii) or (a)(iii) and the LO decides not to, or is unable to, reach an agreement with the proposer on an alteration of the list, the LO shall decide whether or not to alter the list in relation to any dwelling to which the proposal relates.
2
As soon as reasonably practicable after making a decision or reaching an agreement, in accordance with any paragraph of sub-paragraph (b) of paragraph (1), the LO shall serve a written notice (a “decision notice”) on —
a
the proposer;
b
any other person who then appears to the LO to be the taxpayer as regards any dwelling to which the proposal relates; and
c
where the decision notice relates to a decision under paragraph (1)(b)(iv), any other person who then appears to the LO to be a competent person as regards any dwelling to which the proposal relates,
giving particulars of the decision made or agreement reached.
3
Where the LO has made a decision in accordance with paragraph (1)(b)(i) or (iv), the LO shall, within the period of six weeks beginning on the date on which the decision notice was served on the proposer, alter the list in accordance with the decision.
4
Where the LO has reached an agreement in accordance with paragraph (1)(b)(ii) or (iii), the LO shall, within the period of six weeks beginning on the date on which the agreement was reached, alter the list in accordance with the terms of the agreement.
Disagreement as to proposed alteration
10
1
Where the LO has —
a
made a decision under regulation 9(1)(b)(iv); and
b
served a decision notice on the proposer in accordance with regulation 9(2),
the proposer or any competent person may appeal to the VTE against the LO’s decision.
2
Subject to paragraph (3), an appeal under paragraph (1) shall be made within the period of three months beginning on the date on which the decision notice was served on the proposer.
3
Where —
a
an appeal made under paragraph (1) is made after the end of the period referred to in paragraph (2); and
b
the VTE President is satisfied that the failure to initiate the appeal within that period has arisen by reason of circumstances beyond the control of the proposer or a competent person (as the case may be),
the VTE President may authorise the appeal and shall notify the appellant as soon as reasonably practicable of the authorisation.
4
Subject to regulation 19 of the VTE Procedure Regulations (withdrawals and deemed withdrawals), an appeal made by a competent person shall not proceed where the proposer appeals or where another competent person has already made an appeal in relation to the same decision notice.
5
An appeal under paragraph (1) shall be made by the appellant serving on the VTE a copy of the decision notice together with a written statement of the following matters to the extent that they are not included in the decision notice —
a
the address of any dwelling to which the decision notice relates;
b
the reasons for the appeal; and
c
the names and addresses of —
i
the appellant;
ii
the proposer (where the proposer is not the appellant);
iii
the LO;
iv
where the appellant knows the name and address of any person (who is neither the proposer nor the appellant) who appears to be a taxpayer as regards any dwelling to which the decision notice relates, that person; and
v
where the appellant knows the name and address of any other person who appears to be an interested person as regards any dwelling to which the decision notice relates, that person.
Day from which alteration has effect
11
1
Subject to the following provisions of this regulation, an alteration made so as to show in or, as the case may be, to delete from a list any dwelling which, since the list was compiled —
a
has come into existence or ceased to exist; or
b
has ceased to be situated, or has become situated, in the area of the billing authority for whose area the list was compiled,
shall have effect from the day on which the circumstances giving rise to the alteration occurred.
2
An alteration reflecting a material increase in the value of a dwelling shall have effect from the day on which the alteration is entered in the list.
3
An alteration reflecting a material reduction in the value of a dwelling shall have effect from the day on which the circumstances which caused that reduction arose.
4
An alteration reflecting an increase or reduction in the domestic use of a dwelling which is or becomes or ceases to be a composite hereditament for the purposes of Part 3 (non-domestic rating) of the 1988 Act (otherwise than in the circumstances mentioned in paragraph (10)(a)(ii) below) shall have effect from the day on which the circumstances which caused that increase or reduction arose.
5
Where for the purposes of paragraph (3) or (4) the day on which the relevant circumstances arose is not reasonably ascertainable —
a
where the alteration is made in pursuance of a proposal, the alteration shall have effect from the day on which the proposal was served on the LO;
b
in any other case, the alteration shall have effect from the day on which it is entered in the list.
6
Subject to regulation 3(2), where an alteration —
a
is made to correct an inaccuracy in a list; and
b
the inaccuracy was to show as one dwelling property which should have been treated as two or more dwellings by virtue of article 3 of the Council Tax (Chargeable Dwellings) Order 1992 ,
the alteration shall have effect from the day on which the alteration is entered in the list.
7
Subject to regulation 3(2), an alteration made to correct an inaccuracy in a list on the day it was compiled shall have effect —
a
in a case where the inaccuracy was to show as applicable to a dwelling a valuation band which is lower than the band which should have been determined or shown as applicable to it, from the day on which the alteration is entered in the list; and
b
in any other case, from the day on which the list was compiled.
8
Subject to regulation 3(2), where an alteration —
a
is made to correct an inaccuracy in a list (other than an alteration which falls to have effect as provided in the foregoing provisions of this regulation); and
b
the inaccuracy arose in the course of making a previous alteration and was to show as applicable to a dwelling a valuation band which is lower than the band which should have been determined or shown as applicable to it,
the alteration shall have effect from the day on which the alteration is entered in the list.
9
An alteration made to correct an inaccuracy in a list (other than an alteration which falls to have effect as provided in the foregoing provisions of this regulation) shall have effect —
a
in a case where the alteration is made —
i
to correct an inaccuracy in the list which arose in the course of making a previous alteration, and
ii
the previous alteration fell to have effect in accordance with the foregoing provisions of this regulation,
from the day on which the previous alteration had effect, or, but for the inaccuracy, would have had effect; and
b
in any other case, from the day on which the list became inaccurate.
10
Any reference in the foregoing provisions of this regulation to a dwelling ceasing to exist or coming into existence includes a reference to a dwelling —
a
the day of whose coming into existence or ceasing to exist is provided for as mentioned in section 17(3) or (5) of the 1992 Act (completion of new dwellings); or
b
which ceases to exist or comes into existence
i
by virtue of property which was a dwelling —
aa
becoming liable (as such or together with other property) to non-domestic rating by reason of its consisting entirely of non-domestic property; or
bb
ceasing (otherwise than as mentioned in paragraph (i)) to satisfy the requirements of section 3 of the 1992 Act;
ii
by virtue of a hereditament consisting entirely of property which is non-domestic becoming a composite hereditament which satisfies the requirements of section 3 of the 1992 Act;
iii
by virtue of property which was one dwelling for the purposes of Part 1 of the 1992 Act being treated for those purposes as two or more dwellings; or
iv
by virtue of property which was two or more dwellings for those purposes being treated for those purposes as one dwelling.
11
Expressions used in paragraph (10) which are also used in Part 3 of the 1988 Act (non-domestic rating) have the same meaning in that paragraph as they have for the purposes of that Part.
12
Paragraphs (1) to (9) shall not apply, as regards the date from which an alteration is to have effect, where provision for that date is made under regulation 35 of the VTE Procedure Regulations (consent orders) or by regulation 38(3) of those Regulations (orders other than consent orders).
Notification of alteration
12
1
Within six weeks of altering a list the LO shall serve notice on the billing authority stating the effect of the alteration; and the billing authority shall as soon as is reasonably practicable alter the copy of the list deposited by it at its principal office under section 22(8) of the 1992 Act.
2
Within six weeks of making an alteration the LO shall serve notice on the person who then appears to him to be the taxpayer as regards any dwelling to which the alteration relates stating —
a
the effect of the alteration, and
b
the application of this Part, and of Part 3 in relation to the alteration.
3
Paragraph (2) does not apply in relation to alterations made solely for the purpose of correcting a clerical error, or for reflecting —
a
a decision of the LO that the whole of a proposal is well-founded;
b
an agreement under regulation 9;
c
a change in the address of the dwelling concerned;
d
a change in the area of the billing authority; or
e
the decision of the VTE, the relevant valuation tribunal or the High Court in relation to the dwelling concerned.
4
The LO shall take such steps as are reasonably practicable to secure that any notice under paragraph (2) is served not later than the corresponding notice under paragraph (1).
5
In paragraph (4), “relevant valuation tribunal” means the valuation tribunal for the area in which is situated the dwelling to which the alteration relates.
PART 3 MISCELLANEOUS PROVISIONS
Post-appeal agreements
13
1
After an appeal under regulation 10 has been made, but before the commencement of a hearing or consideration of written representations, the LO may reach an agreement on an alteration of the list in accordance with the following paragraphs.
2
Such an agreement —
a
shall be reached with all the persons mentioned in paragraph (4); and
b
shall provide for the alteration of the list —
i
to be of a description specified in any of paragraphs (1) to (4) and (6) to (9) of regulation 11; and
ii
to have effect from the day ascertained in accordance with the paragraph of that regulation that is relevant to alterations of that description
3
Where such an agreement is reached, the LO shall —
a
as soon as reasonably practicable serve a written notice on the VTE that an agreement has been reached;
b
serve a copy of the notice on the other parties to the agreement; and
c
not later than six weeks after the date on which the agreement was reached, alter the list to give effect to the agreement.
4
The persons referred to in paragraph (2)(a) are —
a
the appellant;
b
any other person —
i
who at the date of the agreement is a taxpayer as regards any dwelling to which the appeal relates; and
ii
whose name and address the LO knows; and
c
any other person —
i
who at the date of the agreement is a party to the appeal; and
ii
whose name and address the LO knows.
5
Subject to paragraph (6), where, at the date of the agreement, more than one person is a taxpayer as regards any dwelling to which the appeal relates, the requirement in paragraph (2)(a), insofar as it relates to the agreement of the taxpayer, shall be treated as satisfied where one of the taxpayers as regards the dwelling is a party to the agreement.
6
Paragraph (5) shall not prevent the appellant, any other person who is a competent appellant or any competent party from being a party to the agreement.
7
An appeal in relation to which a notice has been served under paragraph (3) shall be treated as withdrawn on the date on which the notice is served on the VTE.
Revocation of Regulations
14
The Council Tax (Alteration of Lists and Appeals) Regulations 1993 are revoked .
Signed by authority of the Secretary of State for Communities and Local Government
Bill McKenzie
Parliamentary Under Secretary of State
Department for Communities and Local Government
25th August 2009


type: legislation

jurisdiction: UK

text:
This Order may be cited as the General Medical Council (Fitness to Practise) (Disqualifying Decisions and Determinations by Regulatory Bodies) Procedure (Amendment) Rules Order of Council 2009 and shall come into force on 16th November 2009.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities (Amendment) Order 2009.
2
This Order comes into force on 20th February 2009.
Amendments to the Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008
2
The Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008 is amended as follows —
a
in article 14 —
i
in paragraph (1), for “(net of all costs and liabilities incurred by Deposits Management (Edge)) in connection with the first or second transfer or its obligations under this Order” substitute “(net of all costs and liabilities incurred by Deposits Management (Edge) in connection with the first or second transfer or its obligations under this Order)”;
ii
after paragraph (5), insert —
5A
If the Treasury, the FSCS , Kaupthing and ING agree that it is not appropriate or reasonable to make (or to continue to make) the revisions specified in paragraph (5)(a) and (b), no revision (or no further revision) may be made under those provisions.
;
b
in article 16(5), for “relevant qualifying deposit” substitute “relevant protected deposit”;
c
in article 21(11)(c), omit the words from “and the Treasury” to the end.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 and shall come into force on 12th May 2009.
2
In this Order —
“immigration officer” means a person appointed under paragraph 1 of Schedule 2 to the Immigration Act 1971 ;
“local authority” means —
In England —
a county council,
a district council,
a London borough council,
the Common Council of the City of London in its capacity as a local authority, and
the Council of the Isles of Scilly; and
In Wales, a county council or a county borough council;
and a member of staff of a local authority holds an appropriate office if he has been trained and accredited as a financial investigator by the Assets Recovery Agency or the National Policing Improvement Agency ;
“police force” has the meaning given to it in section 101 of the Police Act 1996 by virtue of Schedule 1 to the Interpretation Act 1978 as amended by Schedule 7 to the Police Act 1996;
“Police Service of Northern Ireland” has the meaning given to it in the Police (Northern Ireland) Act 2000 by virtue of Schedule 1 to the Interpretation Act 1978 as amended by section 78 of and Schedule 6 to the Police (Northern Ireland) Act 2000;
“relevant training” means a course of training provided or approved by the National Policing Improvement Agency on the operation of the following sections in the Act —
section 45,
section 194,
section 289,
section 290,
section 294,
section 295,
section 297,
section 298,
section 352, and
section 353;
“the Royal Mail” means the company Royal Mail Group Plc (registered number 4138203);
and “ SOCA ” means the Serious Organised Crime Agency established under section 1 of and Schedule 1 to the Serious Organised Crime and Police Act 2005 .
Reference to an accredited financial investigator
2
A reference to an accredited financial investigator in the Proceeds of Crime Act 2002 which is specified in column 1 of Schedule 1 to this Order is a reference to an accredited financial investigator who falls within the description specified in relation to that reference in column 2 of Schedule 1 to this Order.
Revocation
3
The Orders specified in Schedule 2 to this Order are revoked to the extent there specified.
Alan Campbell
Parliamentary Under Secretary of State
Home Office
2nd April 2009


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (Free School Lunches) (Working Tax Credit) (England) Order 2009 and shall come into force on 1st May 2009.
2
This Order applies in relation to England.
3
In this Order —
“the 2002 Act ” means the Tax Credits Act 2002 ; and
“Working Tax Credit” has the same meaning as in the 2002 Act.
Prescribed tax credit
2
Working Tax Credit is prescribed for the purposes of section 512ZB(4)(a)(iv) of the Education Act 1996 in circumstances where the parent entitled to it is treated as being engaged in qualifying remunerative work (within the meaning of the 2002 Act) by virtue of regulation 7D of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 .
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
31st March 2009


text:
Citation application and commencement
1
This Order —
a
may be cited as the Highway Litter Clearance and Cleaning (Transfer of Responsibility) (England) Order 2009;
b
applies in England; and
c
comes into force on 30th October 2009.
Transfer of Responsibilities to the Secretary of State
2
On the date on which this Order comes into force, there shall be transferred to the Secretary of State for Transport from each local authority listed in column 1 of the Schedule to this Order the responsibility for the discharge of the duties imposed by section 89 of the Environmental Protection Act 1990 as respects the part or parts of the highway or highways specified in relation to that local authority in column 2 of that Schedule.
Signed by the authority of the Secretary of State for Transport
Sadiq Khan
Minister of State
Department for Transport
2nd October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2009 and shall come into force on 28th September 2009.
Amendment of Regulations
2
In regulation 40B (content of the tests) of the Motor Vehicles (Driving Licences) Regulations 1999 in paragraph (1)(a) omit “consisting of 50 questions, the questions being in either multiple choice or multiple response form and”.
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State,
Department for Transport
31st August 2009


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Naval Chaplains) Regulations 2009 and shall come into force on 31st October 2009.
Interpretation
2
In these Regulations —
a
“ the Act ” means the Armed Forces Act 2006;
b
any reference to a numbered section is to that section of the Act; and
c
any reference to a chaplain’s commanding officer includes —
i
the officer in command of any naval ship or establishment, or air-force station, in which the chaplain may be; and
ii
where the chaplain accompanies any body (or any portion of a body) of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body, that person.
“Officer” etc
3
1
Except in sections 143 and 156 (qualification for membership of the Summary Appeal Court and the Court Martial), references in the Act to an officer include a naval chaplain.
2
In section 295 (effect of sentence of dismissal) references to a commissioned officer include a naval chaplain.
“Superior officer” etc
4
1
In relation to a naval chaplain who is neither a principal chaplain nor the Chaplain of the Fleet, references in sections 2 (misconduct on operations), 11 (misconduct towards a superior officer), 20 (unfitness or misconduct through alcohol or drugs) and 22 (ill-treatment of subordinates) to a superior officer of the chaplain are to —
a
an officer not below the rank of naval captain, colonel or group captain, or
b
the chaplain’s commanding officer,
and the definition of “superior officer” in section 374 does not apply to those references.
2
In relation to a naval chaplain who is a principal chaplain, those references are to —
a
an officer not below the rank of rear admiral, major-general or air vice-marshal, or
b
the chaplain’s commanding officer,
and the definition of “superior officer” in section 374 does not apply to those references.
3
For the purposes of section 67 (power of arrest for service offence) an officer is an officer of superior rank in relation to a naval chaplain if by virtue of this regulation he is a superior officer of the chaplain for the purposes of sections 2, 11, 20 and 22.
Lawful commands
5
1
In relation to a naval chaplain who is neither a principal chaplain nor the Chaplain of the Fleet, references in section 12 (disobedience to lawful commands) to a command are to a command given by —
a
an officer not below the rank of naval captain, colonel or group captain;
b
the chaplain’s commanding officer; or
c
an officer in the exercise of functions delegated to him by the chaplain’s commanding officer.
2
In relation to a naval chaplain who is a principal chaplain, those references are to a command given by —
a
an officer not below the rank of rear admiral, major-general or air vice-marshal;
b
the chaplain’s commanding officer; or
c
an officer in the exercise of functions delegated to him by the chaplain’s commanding officer.
3
Section 12 does not apply in relation to the Chaplain of the Fleet.
4
Where, by virtue of this regulation, a naval chaplain’s disobedience to a command is not an offence under section 12, it is not, without more, an offence under section 15 (failure to attend for or perform duty etc) or 19 (conduct prejudicial to good order and discipline).
Charges capable of being heard summarily
6
For the purposes of section 52 (charges capable of being heard summarily), a naval chaplain who is neither a principal chaplain nor the Chaplain of the Fleet is to be treated as holding the rank of commander.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
31st March 2009


text:
Citation, commencement and extent
1
1
This Order may be cited as the Travel Concessions (Eligible Services) (Amendment) Order 2009 and shall come into force on 1st April 2009.
2
This Order applies in relation to England.
Amendment of Order
2
1
The Travel Concessions (Eligible Services) Order 2002 is amended as follows.
2
In article 3 (eligible services) in paragraph (1), for “A service is an eligible service” substitute “Subject to article 4, a service is an eligible service”.
3
After article 3 insert the following article —
4
1
A service is not an eligible service under section 146 of the Transport Act 2000 if —
a
more than half of the accommodation on the vehicle by means of which the service is provided can be reserved by members of the general public in advance of travel;
b
it is intended to operate for less than six consecutive weeks;
c
it is operated primarily for the purposes of tourism or because of the historical interest of the vehicle;
d
it is a bus substitution service; or
e
the fare for the service includes a special amenity element.
2
For the purposes of paragraph (1)(d) “bus substitution service” means a service for the carriage of passengers by road provided temporarily in place of the whole or a part of any service for the carriage of passengers by railway that has been temporarily discontinued, reduced or modified.
3
For the purposes of paragraph (2) “railway” has the meaning described as the “wider meaning” in section 81(2) of the Railways Act 1993 .
4
For the purposes of paragraph (1)(e) a fare is to be regarded as including a special amenity element if it is significantly high in relation to the general level of fares for comparable journeys.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
9th March 2009


text:
Citation, commencement and extent
1
These Regulations may be cited as the Ministry of Defence Police Appeals Tribunals Regulations 2009 and shall come into force on 1st December 2009.
Revocation and transitional provisions
2
1
Subject to paragraph (2), the Ministry of Defence Police Appeal Tribunal Regulations 2004 (“the 2004 Regulations ”) are revoked.
2
In relation to an appeal against a decision made in accordance with the Ministry of Defence Police (Conduct) Regulations 2004 or the Ministry of Defence Police (Conduct) (Senior Officers) Regulations 2004 (as the case may be), nothing in these Regulations shall apply and the 2004 Regulations shall continue to have effect.
Interpretation
3
1
In these Regulations —
“the 1967 Act ” means the Police (Scotland) Act 1967 ;
“appellant” means a police officer who has given a notice of appeal in accordance with regulation 6 or 7;
“chair” for the purposes of regulations 6 to 11 means the chair appointed under regulation 5(3) or 5(5) (as the case may be); and for the purposes of regulations 12 to 22 means the chair of the tribunal ;
“ Conduct Regulations ” means the Ministry of Defence Police (Conduct) Regulations 2009 ;
“original hearing” means the misconduct meeting, misconduct hearing or special case hearing under the Conduct Regulations, at or following which the relevant decision was made;
“panel” includes a person who conducted a special case hearing under the Conduct Regulations;
“relevant decision” means the finding, disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with regulation 4, and related expressions shall be construed accordingly;
“head of HR ” means the head of Human Resources in the Agency or, if there ceases to be such an office, the person who in the opinion of the Ministry of Defence Police Committee for the time being exercises comparable functions to those exercisable by the holder of that office;
“respondent” has the meaning given by regulation 8;
“specified appeal” means an appeal where the relevant decision arose from a complaint or conduct matter to which —
in relation to England and Wales, paragraph 17, 18 or 19 of Schedule 3 to the 2002 Act (investigations) , or
in relation to Northern Ireland, section 54, 56 or 57 of the 1998 Act,
applies; and
“tribunal”, in relation to a case or appeal, means the police appeals tribunal appointed to determine the case or appeal;
2
In these Regulations, any expression which is also used in the Conduct Regulations shall have the same meaning as in those Regulations.
3
Where any written notice or document is to be given or supplied to the appellant under these Regulations, it shall be —
a
given to the appellant in person; or
b
left with some person at, or sent by recorded delivery to, the appellant’s last known address.
Circumstances in which a police officer may appeal to a tribunal
4
1
Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against —
a
the finding referred to in paragraph (2)(a), (b) or (c) made under the Conduct Regulations; or
b
the disciplinary action, if any, imposed under the Conduct Regulations in consequence of that finding,
or both.
2
This paragraph applies to —
a
an officer other than a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or
b
a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing; or
c
an officer against whom a finding of gross misconduct has been made at a special case hearing.
3
A police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a), (b) or (c) where that finding was made following acceptance by the officer that the conduct amounted to misconduct or gross misconduct (as the case may be).
4
The grounds of appeal under this regulation are —
a
that the finding or disciplinary action imposed was unreasonable; or
b
that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on disciplinary action; or
c
that there was a breach of the procedures set out in the Conduct Regulations, the Complaints Regulations , Schedule 3 to the 2002 Act , part VII of the 1998 Act, or other unfairness which could have materially affected the finding or decision on disciplinary action.
Appointment and composition of police appeals tribunal
5
1
The composition of the tribunal differs according to —
a
whether the appellant was a senior officer immediately before the original hearing; and
b
whether the appellant was a member of the force serving in England and Wales, Scotland or Northern Ireland at the time the relevant conduct occurred or began.
2
If the appellant was a senior officer immediately before the original hearing, the tribunal is to consist of three members appointed by the head of HR, of whom —
a
if the appellant was serving in England and Wales or in Northern Ireland —
i
one shall be a person chosen from a list of persons who satisfy the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 on a 5-year basis and who have been nominated by the Lord Chancellor for the purposes of this regulation;
ii
one shall be HMCIC or an inspector of constabulary nominated by HMCIC; and
iii
one shall be the chair of the Ministry of Defence Police Committee or another member of that Committee nominated by that chair;
b
if the appellant was serving in Scotland —
i
one shall be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of Schedule 3 to the 1967 Act;
ii
one shall be the chair of the Ministry of Defence Police Committee or another member of that Committee nominated by that chair; and
iii
one shall be a person who is (or has within the previous five years been) an inspector of constabulary for the purposes of section 33 of the 1967 Act.
3
The member of the tribunal within paragraph (2)(a)(i) or (b)(i) shall be the chair.
4
If the appellant was a police officer (other than a senior officer) immediately before the original hearing, the tribunal is to consist of four members appointed by the head of HR, of whom —
a
if the appellant was serving in England and Wales or in Northern Ireland —
i
one shall be a person chosen from the list referred to in paragraph (2)(a)(i);
ii
one shall be a senior officer;
iii
one shall be a member of the Ministry of Defence Police Committee; and
iv
one shall be a retired member of the force or an alternative police force who, at the time of the retirement, was a member of an appropriate staff association;
b
if the appellant was serving in Scotland —
i
one shall be a person chosen from the list referred to in paragraph (2)(b)(i);
ii
one shall be a member of the Ministry of Defence Police Committee;
iii
one shall be a person chosen from a list maintained by the Secretary of State for the purposes of paragraph 2(1)(c) of Schedule 3 to the 1967 Act of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the force; and
iv
one shall be a retired member of the force or an alternative police force who, at the time of the retirement, was of an appropriate rank.
5
The member of the tribunal within paragraph (4)(a)(i) or (b)(i) shall be the chair.
6
For the purposes of this regulation “appropriate staff association” means —
a
the Defence Police Federation, where the panel member was, at the time of the retirement, a member of the force other than a senior officer;
b
the Police Superintendents’ Association of England and Wales, where the panel member was, at the time of the retirement, a member of a police force maintained under section 2 of the 1996 Act of the rank of chief superintendent or superintendent; or
c
the Police Federation of England and Wales, where the panel member was, at the time of the retirement, a member of a police force maintained under section 2 of the 1996 Act below the rank of superintendent; or
d
the Police Federation for Northern Ireland, where the panel member was, at the time of the retirement a member of the Police Service for Northern Ireland..
7
For the purposes of this regulation “appropriate rank” means —
a
where the appellant was, immediately before the original hearing, of the rank of chief superintendent or superintendent, the same rank (as the case may be); or
b
in any other case, the rank of chief inspector or below.
8
If at any time that is relevant for the purposes of this regulation, the appellant was serving outside the United Kingdom on detached duty from a station in the United Kingdom, the appellant is to be treated for those purposes as if serving at that station at that time.
Notice of appeal
6
1
Subject to regulation 7, a police officer who wishes to appeal to a tribunal shall give notice of the appeal before the end of 10 working days beginning with the first working day after the day on which the officer is supplied with a written copy of the relevant decision.
2
The notice of appeal shall be given in writing to the head of HR.
3
The officer may request a transcript of the proceedings (or part of the proceedings) at the original hearing in the notice of appeal.
7
1
This regulation applies where a police officer who wishes to appeal to a tribunal wishes to give notice of the appeal after the end of the period mentioned in regulation 6(1).
2
A police officer may give notice of the appeal within a reasonable time after the end of such period and the notice shall be accompanied by a statement of the reasons why it was not served within such period and the reasons for the officer’s view that it has been served within a reasonable time after such period.
3
Upon receipt, the head of HR shall supply a copy of the notice and the reasons to the chair who shall determine —
a
whether it was reasonably practicable for the notice to be given within the period mentioned in regulation 6(1); and
b
whether the notice has been given within a reasonable time after the end of such period.
4
If the chair determines either that it was reasonably practicable for the notice to be given within such period or that the notice has not been given within a reasonable time after the end of such period, the appeal shall be dismissed.
5
Where the appeal is not dismissed under paragraph (4), the appeal shall proceed and the chair shall give directions for the application of regulation 9 to the appeal.
The respondent
8
1
Where the appellant is a senior officer, the respondent shall be a person designated by the Ministry of Defence Police Committee.
2
Where the appellant is any other police officer, the respondent shall be the chief constable.
Procedure on notice of appeal
9
1
As soon as reasonably practicable, the head of HR shall supply a copy of the notice of appeal —
a
to the respondent; and
b
where the appeal is a specified appeal, to the Commission or Ombudsman (as the case may be).
2
As soon as reasonably practicable after receipt of a copy of the notice of appeal, and in any event before the end of 15 working days beginning with the first working day after the day of such receipt, the respondent shall supply to the head of HR —
a
a copy of the relevant decision made at or following the original hearing provided under regulation 36 or 56 of the Conduct Regulations;
b
any documents which were made available to the panel conducting the original hearing; and
c
a copy of any transcript requested under regulation 6(3).
3
A copy of any such transcript shall at the same time be given to the appellant.
4
The appellant shall supply the following documents to the head of HR in accordance with paragraph (6) —
a
a statement of the relevant decision and the grounds of appeal;
b
any supporting documents;
c
where the appellant is permitted to adduce witness evidence —
i
a list of any proposed witnesses;
ii
a witness statement from each proposed witness; and
d
if the appellant consents to the appeal being determined without a hearing, notice in writing of that consent.
5
For the purposes of paragraph (4)(c) —
a
an appellant is only permitted to adduce witness evidence when relying on the ground of appeal set out in regulation 4(4)(b);
b
a “proposed witness” is a person —
i
whom the appellant wishes to call to give evidence at the hearing;
ii
whose evidence was not and could not reasonably have been considered at the original hearing; and
iii
whose evidence could have materially affected the relevant decision.
6
The appellant shall supply the documents mentioned in paragraph (4) before the end of —
a
20 working days beginning with the first working day after the day of being supplied with a copy of the transcript under paragraph (3); or
b
where no transcript has been requested under regulation 6(3), 35 working days beginning with the first working day after the day on which the appellant gave notice of the appeal to the head of HR.
7
The head of HR shall give a copy of the documents supplied under paragraph (4) to the respondent as soon as practicable following receipt.
8
The respondent shall, before the end of 20 working days beginning with the first working day after the day of receiving the documents given under paragraph (7), supply to the head of HR —
a
a statement of the response to the appeal;
b
any supporting documents;
c
where the respondent is permitted to adduce witness evidence —
i
a list of any proposed witnesses;
ii
a witness statement from each proposed witness; and
d
if the respondent consents to the appeal being determined without a hearing, notice of that consent.
9
For the purposes of paragraph (8)(c) —
a
a respondent is only permitted to adduce witness evidence where the appellant is relying on the ground of appeal set out in regulation 4(4)(b);
b
a “proposed witness” is a person —
i
whom the respondent wishes to call to give evidence at the hearing; and
ii
whose evidence is relevant to all or part of the evidence on which the appellant is relying for the purposes of regulation 4(4)(b).
10
The respondent shall at the same time as supplying the documents referred to in paragraph (8), give the appellant a copy of the documents referred to in paragraph (8)(a), (c) and (d), together with a list of the documents (if any) supplied under paragraph (8)(b) and a copy of any such document which the appellant has not already been supplied with.
11
On receipt of the documents supplied under paragraph (8), the head of HR shall give to the chair a copy of the documents supplied under paragraphs (4) and (8).
Extensions of time limits
10
1
The appellant or the respondent may apply to the head of HR for an extension of a relevant period.
2
Any such application shall set out the period of the required extension and the reasons for the application.
3
As soon as practicable after receipt of an application under paragraph (1), the head of HR shall —
a
give a copy of the application to the other party (being the appellant or the respondent as the case may be); and
b
ask if the other party consents to the application.
4
If the other party consents to the application, the relevant period shall be extended in accordance with the application and regulation 9 shall have effect as if for that period there were substituted the extended period.
5
If the other party does not consent to the application, the application shall be referred to the chair who shall determine whether the relevant period should be extended and if so by how long; and where the chair extends the relevant period, regulation 9 shall have effect as if for that period there were substituted the extended period.
6
In this regulation, “relevant period” means, in relation to an application by the appellant, the period referred to in regulation 9(6)(a) or (b) and, in relation to an application by the respondent, the period referred to in regulation 9(2) or (8).
Review of appeal
11
1
Upon receipt of the documents mentioned in regulation 9(4) and (8), the chair shall determine whether the appeal should be dismissed under paragraph (2).
2
An appeal shall be dismissed under this paragraph if the chair considers that —
a
the appeal has no real prospect of success; and
b
there is no other compelling reason why the appeal should proceed.
3
If the chair considers that the appeal should be dismissed under paragraph (2), before making the determination, the chair shall give the appellant and the respondent notice in writing of the chair’s view together with the reasons for that view.
4
The appellant and the respondent may make written representations in response to the chair before the end of 10 working days beginning with the first working day after the day of receipt of such notification; and the chair shall consider any such representations before making the determination.
5
The chair shall give the appellant, the respondent and the head of HR notice in writing of the determination.
6
Where the chair determines that the appeal should be dismissed under paragraph (2) —
a
the notice under paragraph (5) shall include the reasons for the determination; and
b
the appeal shall be dismissed.
Determination of an appeal
12
1
Where an appeal has not been dismissed under regulation 11, the chair shall determine whether the appeal should be dealt with at a hearing.
2
The chair may determine that the appeal shall be determined without a hearing, but only if the appellant has so consented.
3
Where the appeal is to be dealt with at a hearing, regulations 13 to 21 shall apply and the chair shall give the appellant and the respondent the chair’s name and contact address.
Power to request disclosure of documents
13
1
At any time following the provision of the documents mentioned in regulation 9(4) and (8), the appellant or the respondent (the “requesting party”) may apply to the chair for disclosure of any document by the other party which is relevant to the appeal.
2
The chair may request the disclosure of any such document by the other party and where it is disclosed, a copy shall be given to the chair and to the requesting party.
3
Where a party does not comply with a request to disclose under paragraph (2), that party shall give the chair and the requesting party the reasons for non-disclosure in writing.
Notice of the hearing
14
1
The chair shall cause the appellant and the respondent to be given written notice of the date, time and place of the hearing at least 20 working days, or such shorter period as may with the agreement of both parties be determined, before the date of the hearing.
2
Where —
a
the appellant is relying on the ground of appeal set out in regulation 4(4)(b); and
b
either the appellant or the respondent (or both) have proposed witnesses under regulation 9,
the chair shall determine which, if any, witnesses shall give evidence at the hearing.
3
No witness shall give evidence at the hearing unless the chair reasonably believes that it is necessary for the witness to do so, in which case the chair shall —
a
where the witness is a police officer, cause that person to be ordered to attend the hearing; and
b
in any other case, cause the witness to be given notice that attendance is necessary and of the date, time and place of the hearing.
4
The chair may determine that any witnesses should be reimbursed for their reasonable expenses.
Legal and other representation
15
1
The appellant has the right to be represented at a hearing by a relevant lawyer or a police friend.
2
Where the appellant is represented at the hearing by a relevant lawyer, the appellant may also be accompanied at the hearing by a police friend.
3
If an appellant chooses not to be represented, the hearing may take place and the appeal may be determined without the appellant being represented.
4
The respondent has the right to be represented at a hearing by a relevant lawyer or a police officer or an Agency staff member.
5
Where a police friend is a police officer or an Agency staff member under the direction and control of the chief constable, the chief constable shall permit that police friend to use a reasonable amount of duty time for the purposes referred to in this regulation.
Procedure and oral evidence at hearing
16
1
Subject to these Regulations, the procedure at a hearing shall be determined by the tribunal.
2
The tribunal may proceed with the hearing in the absence of either party, whether represented or not, if it appears to be just and proper to do so, and may adjourn it from time to time if it appears necessary to do so.
3
Unless the tribunal determines otherwise, the evidence adduced by the appellant shall be given first.
4
Witnesses giving evidence at the hearing may be subject to questioning and cross-questioning.
5
Any question as to whether any evidence is admissible, or whether any question should or should not be put to a witness, shall be determined by the tribunal.
6
A verbatim record of the evidence given at the hearing shall be taken; and the head of HR shall keep such record for a period of not less than two years from the date of the end of the hearing.
Statements in lieu of oral evidence
17
1
Subject to the provisions of this regulation, the tribunal may admit as evidence a witness statement of a proposed witness supplied under regulation 9(4) or (8), notwithstanding that the witness is not to be called as a witness at the hearing.
2
Evidence shall not be admissible under this regulation if it would not have been admissible had it been given orally.
3
For the purposes of this regulation, a written statement purporting to be made and signed by a person and witnessed by another person shall be presumed to have been made by that person unless the contrary be shown.
4
Nothing in this regulation shall prejudice the admission of written evidence which would be admissible apart from the provisions of this regulation.
Hearing to be in private
18
1
Subject to paragraph (2) and regulations 19 and 20, the hearing shall be held in private.
2
The tribunal may allow a person to attend all or part of the hearing as an observer for the purposes of training.
Attendance of complainant at hearing
19
1
This regulation shall apply in relation to a hearing in England and Wales where the relevant decision arose from a complaint which was certified as subject to special requirements under paragraph 19A(1) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct) .
2
The chair shall cause notice of the date, time and place of the hearing to be given to the complainant or any interested person at the same time as such notice is given to the appellant and the respondent under regulation 14(1).
3
Subject to the provisions of this regulation and regulation 21, the complainant or any interested person (or both) may attend the hearing as an observer.
4
Subject to the provisions of this regulation and regulation 21, a complainant or interested person may be accompanied by one other person, and if the complainant or interested person has a special need, by one further person to accommodate that need.
5
Where —
a
a complainant,
b
an interested person, or
c
any person accompanying a complainant or an interested person
is a proposed witness (of either party) and is to give evidence at the hearing, that witness and any person accompanying that witness shall not be allowed to attend the hearing before that evidence is given.
6
The chair may put any questions to the appellant that the complainant or interested person requested to be put.
7
For the purposes of this regulation, a person has a special need who, in the opinion of the chair, has a disability or learning difficulty, or does not have sufficient knowledge of English, as a result of which that person is unlikely to be able to fully participate in or understand the hearing.
Attendance of the Commission or Ombudsman (as the case may be) at hearing
20
1
This regulation shall apply to a specified appeal.
2
The chair shall cause notice of the date, time and place of the hearing to be given to the Commission or Ombudsman (as the case may be) at the same time as such notice is given to the appellant and the respondent under regulation 14(1).
3
The Commission or Ombudsman (as the case may be) may attend the hearing as an observer.
Exclusion from hearing
21
1
On the application of the appellant or the respondent or otherwise, the chair may require any observer to withdraw from all or any part of the hearing.
2
The chair may impose conditions relating to the attendance of an observer (or any person accompanying a complainant or interested person) at the hearing in order to facilitate the proper conduct of the hearing.
Tribunal’s determination
22
1
The tribunal shall determine whether the ground or grounds of appeal on which the appellant relies have been made out.
2
The determination of the tribunal shall be based on a simple majority but no indication shall be given as to whether it was taken unanimously or by a majority.
3
Where there is an equality of voting among the members of the tribunal, the chair shall have a second or casting vote.
4
The chair shall prepare a written statement of the tribunal’s determination of the appeal and of the reasons for the decision.
5
As soon as reasonably practicable after the determination of the appeal the chair shall cause the appellant, the respondent and the head of HR to be given a copy of such statement; but, in any event, the appellant shall be given written notice of the decision of the tribunal before the end of 3 working days beginning with the first working day after the day on which the appeal is determined.
6
Where the relevant decision arose from a complaint in England and Wales which was certified as subject to special requirements under paragraph 19A(1) of Schedule 3 to the 2002 Act (assessment of seriousness of conduct) the head of HR shall notify the complainant and any interested party of the decision of the tribunal.
7
Where the appeal is a specified appeal, the head of HR shall notify the Commission or Ombudsman (as the case may be) of the decision of the tribunal.
Orders and effect of orders
23
1
On the determination of an appeal, a tribunal may make an order dealing with the appellant in any way in which the appellant could have been dealt with by the person who made the decision appealed against.
2
Where the tribunal makes an order under paragraph (1), the order shall take effect —
a
by way of substitution for the decision appealed against; and
b
as from the date of that decision.
3
Where the effect of the order made by the tribunal is to reinstate the appellant in the force , the appellant shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force continuously from the date of the original decision to the date of reinstatement.
4
Where the effect of the order made by the tribunal is to reinstate the appellant in the force and the appellant was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.
Remuneration and expenses
24
Members of a tribunal shall be paid such remuneration and reimbursed for such expenses as the Secretary of State may determine.
Costs
25
1
An appellant shall pay the whole of his or her own costs unless the tribunal directs that the whole or any part of them are to be met out of Ministry of Defence funds.
2
Subject to paragraph (1), all the costs and expenses of an appeal under these regulations, including the costs of the respondent, any witness and any remuneration or expenses paid by virtue of regulation 24, are to be met out of Ministry of Defence funds.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
21st November 2009


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc) (Amendment) Regulations 2009 and come into force on 2nd November 2009.
2
These Regulations apply in relation to England only.
3
In these Regulations “the Principal Regulations ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc) Regulations 2007 .
Amendment of regulation 16 of the Principal Regulations
2
In regulation 16(1) of the Principal Regulations (fostering agencies) for “£1987” substitute “£1597”.
Amendment of regulation 17 of the Principal Regulations
3
1
In regulation 17 of the Principal Regulations (children’s homes etc) —
a
in paragraph (1) omit “or residential family centre or a relevant person in respect of a boarding school, residential college or residential special school specified in column (1) of the Table below,”;
b
in paragraph (1)(a) after “column (2)” insert “of the Table below”; and
c
in the Table omit —
i
from the heading in column (1) “, school or college”, and
ii
rows (b) (residential family centre), (c) (boarding school and residential college) and (d) (residential special school).
2
After regulation 17(2) of the Principal Regulations, insert —
2A
The registered provider in respect of a residential family centre shall pay an annual fee and the amount of the annual fee shall be, where the residential family centre —
a
has 3 or fewer approved places, £662;
b
has between 4 and 8 approved places, the sum of —
i
£662, plus
ii
an amount of £83 for each approved place from the 4th to the 8th place inclusive;
c
has more than 8 approved places, £1138.
.
3
After regulation 17(3) of the Principal Regulations, insert —
3A
A relevant person in respect of a boarding school shall pay an annual fee and the amount of the annual fee shall be, where the boarding school —
a
has 3 or fewer approved places, £432;
b
has between 4 and 24 approved places, the sum of —
i
£432, plus
ii
an amount of £26 for each approved place from the 4th to the 24th place inclusive;
c
has between 25 and 50 approved places, £994;
d
has between 51 and 500 approved places, £1391;
e
has between 501 and 800 approved places, £1789;
f
has more than 800 approved places, £2186.
3B
A relevant person in respect of a residential college shall pay an annual fee and the amount of the annual fee shall be, where the residential college —
a
has 3 or fewer approved places, £432;
b
has between 4 and 23 approved places, the sum of —
i
£432, plus
ii
an amount of £26 for each approved place from the 4th to the 23rd place inclusive;
c
has more than 23 approved places, £969.
3C
A relevant person in respect of a residential special school shall pay an annual fee and the amount of the annual fee shall be, where the residential special school —
a
has 3 or fewer approved places, £795;
b
has between 4 and 29 approved places, the sum of —
i
£795, plus
ii
an amount of £79 for each approved place from the 4th to the 29th place inclusive;
c
has 30 approved places, £2889;
d
has more than 30 approved places, £2899.
.
Amendment of regulation 18 of the Principal Regulations
4
In regulation 18(a) of the Principal Regulations (local authority - adoption functions) for “£1987” substitute “£1549”.
Amendment to date on which annual fee is payable
5
1
In a case where a person specified in paragraph (2) has become liable to pay the annual fee under the Principal Regulations during the period from 1st April 2009 to 1st November 2009 and has not paid that annual fee, that fee shall be payable on 2nd November 2009 at the rate prescribed in the Principal Regulations as they have effect from that date.
2
The persons are —
a
the registered provider of a fostering agency or residential family centre, or
b
the relevant person in respect of a boarding school, residential college or residential special school, or
c
a local authority in respect of the discharge by the authority of relevant adoption functions referred to in section 43(3)(a) of the Care Standards Act 2000.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
8th October 2009


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2009 and come into force on 29th April 2009.
Preliminary
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 are amended as follows.
Amendment to regulation 3 (interpretation)
3
1
Regulation 3 is amended as follows.
2
In paragraph (2) —
a
in the definition of “approval requirements” —
i
omit “or” after subparagraph (a)(iii); and
ii
insert after subparagraph (a)(iv) —
v
Schedule 4 to the Approval Regulations; or
;
b
for the definition of “Community instrument” substitute —
“Community instrument” means a regulatory act within the meaning of paragraph (a) of the definition of that expression in regulation 3(1) of the Approval Regulations;
;
c
for the definition of “ ECE Regulation” substitute —
“ECE Regulation” means a regulatory act within the meaning of paragraph (b) of the definition of that expression in regulation 3(1) of the Approval Regulations;
;
d
omit the definition of “European Regulations”;
e
for the definition of “Framework Directive” substitute —
“Framework Directive” has the same meaning as in regulation 3(1) of the Approval Regulations;
and
f
insert each of the following definitions at the appropriate place —
“ Approval Regulations ” means the Road Vehicles (Approval) Regulations 2009 ;
“national small series type approval” has the same meaning as in regulation 3(1) of the Approval Regulations;
“regulatory act” has the same meaning as in regulation 3(1) of the Approval Regulations;
.
3
In paragraph (4), for “N2 or N3”, in both places substitute “N2, N3, O1, O2, O3 or O4”.
Fees – examination of a vehicle under the national small series type approval scheme
4
After regulation 5, insert —
Fees – examination of a vehicle under the national small series type approval scheme
5A
1
In this regulation, “vehicle type approval certificate” means a type approval certificate issued under regulation 25(3) of the Approval Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).
2
Expressions used in this regulation or in Part III of Schedule 1 which are also used in the Framework Directive have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
Subject to paragraphs (6) and (7), the fees prescribed for the purposes of regulation 24(3)(b)(ii) of the Approval Regulations for —
a
the examination of a vehicle; and
b
administrative work (other than the issue of the vehicle type approval certificate),
with a view to the issue of such a certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).
4
Where the application under regulation 24(1) of the Approval Regulations is for the issue of a vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in the appropriate table in Part III of Schedule 1.
5
Where —
a
the application is for a vehicle type approval certificate in relation to an incomplete vehicle or a completed vehicle; and
b
the examination is not as complete and exhaustive as would otherwise be required,
the fees shall be such proportion of the relevant sums specified in the appropriate table in Part III of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.
6
Where in the case of an examination of a vehicle with a view to the issue of a vehicle type approval certificate —
a
it has been found impossible to complete the examination satisfactorily;
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
a vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 1 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
7
Where, in relation to an application for a vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle.
8
This regulation is subject to regulations 19 and 20.
.
Amendment to regulation 6 (fees - examination of a vehicle with a view to the issue of an EC vehicle type approval certificate)
5
1
Regulation 6 is amended as follows.
2
In paragraph (1), for “regulation 4(5) of the European Regulations” substitute “regulation 13(3) of the Approval Regulations”.
3
In paragraphs (2), (5) and (6), for “Part III” substitute “Part IV”.
4
In paragraph (4), for “Part III” substitute “the appropriate table in Part IV”.
Amendment to regulation 9 (fees - issue of documents)
6
In regulation 9(4), for “European” substitute “Approval”.
Amendments to Schedule 1
7
1
Schedule 1 is amended as follows.
2
In the heading, for “European” substitute “Approval”.
3
Part III is substituted by Parts III and IV set out in Schedule 1 to these Regulations.
Amendment to Schedule 4
8
In Schedule 4, for Part III substitute the Part set out in Schedule 2.
Omission of Schedule 5
9
Omit Schedule 5.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
24th March 2009
We consent to the making of these Regulations to the extent that they are made in exercise of the powers by section 56(1) and (2) of the Finance Act 1973
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 2009


text:
PART 1 PRELIMINARY
Citation, commencement and interpretation
1
These Regulations may be cited as the Armed Forces (Evidence of Illegal Absence and Transfer to Service Custody) Regulations 2009 and come into force on 31st October 2009.
2
1
In these Regulations
“ the Act ” means the Armed Forces Act 2006;
“authorised person” shall be construed in accordance with regulation 7;
“civilian policeman” means a member of a UK police force or a British overseas territories police force;
“illegal absence” means absence without leave or desertion, and “illegally absent” shall be construed accordingly;
“relevant person” means —
a person subject to service law who is suspected of being illegally absent or
the person who is arrested under a warrant issued under section 317(1) of the Act;
“service custody” has the same meaning as in sections 313 to 319 of the Act; and
“unit” means —
a naval ship or establishment;
any body of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body;
an air force station.
PART 2 CERTIFICATES ISSUED BY COMMANDING OFFICERS OR SERVICE AUTHORITIES FOR ILLEGAL ABSENCE
Applicability of section 316
3
1
For the purposes of section 316(2)(b) of the Act, the following documents shall be evidence of the matters stated —
a
a certificate (or copy of such a certificate) signed by the relevant person’s commanding officer detailing the information required in paragraph (2) and containing a statement that the relevant person is suspected of being illegally absent;
b
a copy of any signalled declaration of absence relating to the relevant person containing the information required in paragraph (2); or
c
any document appearing to be the results of a search of the Police National Computer which shows that the relevant person is wanted for being illegally absent.
2
The information required is —
a
the name, rank or rate, service, unit, and service number of the relevant person;
b
the relevant person’s date and place of birth;
c
the address of the relevant person’s unit;
d
the first know date of illegal absence;
e
the relevant person’s home address;
f
the relevant person’s last known location;
g
a physical description of the relevant person.
PART 3 CERTIFICATES ISSUED BY CIVILIAN POLICE OR COURTS
Certificate of transfer to service custody
4
1
Where —
a
a civilian policeman has arrested a relevant person under a warrant of a judge advocate and, under section 313(4) of the Act, the relevant person is delivered into service custody, or
b
a relevant person has surrendered to a civilian policeman and under section 315(4)(a) of the Act, the relevant person is transferred to service custody without being brought before a court,
a certificate containing the required information is to be handed over with the relevant person to the person receiving the relevant person into service custody.
2
Where a court arranges for the relevant person to be transferred to service custody under section 316(3)(a)(i) or (b) of the Act, it shall provide a certificate containing the required information and —
a
details of whether the relevant person admitted to the court that he was a person subject to service law who had deserted or was absent without leave; or
b
details of whether the court had in its possession evidence of the type provided for in regulation 3 .
3
Where they are available, a certified copy of any custody records raised and maintained for the relevant person whilst he was under arrest or after he had surrendered, shall be provided with the certificate issued under this regulation.
Certificate of release subject to conditions
5
1
Where the relevant person has been released under section 315(4)(c) or 316(3)(a)(ii) of the Act a certificate must be passed as soon as practicable to the Service Police Crime Bureau containing —
a
the required information; and
b
details of the conditions specified.
2
A copy of that certificate is to be provided to the relevant person when he is released, with the instruction that it be handed to the commanding officer at the place of report.
3
Where they are available, a certified copy of any custody records raised and maintained for the relevant person whilst he was under arrest or after he had surrendered, shall be provided with the certificate issued under this regulation.
Meaning of “required information”
6
For the purposes of this Part, the “required information” means —
a
the name and position of the authorised person;
b
the name and, if known, the unit, service, rank or rate, and service number of the relevant person;
c
details of whether the relevant person was arrested, surrendered or appeared before a court of summary jurisdiction;
d
if the relevant person was arrested —
i
the name, rank and number of the person making the arrest;
ii
the date, time and place of arrest; and
iii
if the arrest was in execution of a warrant, the number and date of the warrant;
e
if the relevant person surrendered himself —
i
the name, rank and number of the person to whom the relevant person surrendered;
ii
the date, time and place of surrender;
f
details of whether or not at the time of the arrest or surrender of the relevant person, he was wearing the uniform of any of Her Majesty’s forces; and
g
details of whether or not at the time of the arrest or surrender of the relevant person, he was in possession of an identity card issued by any of Her Majesty’s forces.
Certificates to be signed and authorised persons
7
1
A certificate made under this Part shall be signed by an authorised person.
2
The following persons are authorised to sign certificates required to be issued by civilian police officers —
a
the person in charge of the police station to which the relevant person is brought after arrest or to where the relevant person surrendered; or
b
a person authorised by the person in charge of that police station to act on his behalf.
3
The following persons are authorised to sign certificates required to be issued by a court of summary jurisdiction —
a
in England, Wales and the Isle of Man, a Justice of the Peace or the Clerk of the Court;
b
in Scotland, the Clerk of the Court;
c
in Northern Ireland, a resident Magistrate or the Clerk of Petty Sessions for the Petty Sessions district in which the court sat;
d
in Jersey and Guernsey, a Magistrate or a person for the time being authorised to act as a Magistrate;
e
in Alderney, the Chairman of the Court of Alderney or the person for the time being authorised to act as Chairman of that Court;
f
in Sark, the Seneschal or the Deputy Seneschal; and
g
in a British overseas territory, a Magistrate or the official (by whatever designation known) who exercises in the court, functions similar to those exercised in England by the clerk of a court of summary jurisdiction.
Fees
8
For any certificates provided under this Part, any necessary fees shall be paid to a person listed in regulation 7(2) or a person authorised by that person to receive such fees.
PART 4 TRANSITIONAL PROVISIONS
Transitional
9
The Schedule shall have effect.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
24th April 2009


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009.
2
Subject to paragraph (3), these Regulations shall come into force on the day after the day on which they were laid before Parliament.
3
Regulations 2 and 3(2) and (3) shall come into force on 4th December 2009.
4
In these Regulations —
“ the Act ” means the Child Support Act 1991;
“the Maintenance Arrangements and Jurisdiction Regulations ” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 ;
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“the Maintenance Calculation Procedure Regulations ” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 .
Amendment of the Maintenance Arrangements and Jurisdiction Regulations
2
Omit regulation 7 of the Maintenance Arrangements and Jurisdiction Regulations (cancellation of a maintenance assessment on grounds of lack of jurisdiction) .
Amendment of the Maintenance Assessment Procedure Regulations
3
1
The Maintenance Assessment Procedure Regulations are amended as follows.
2
After paragraph (3) of regulation 20 (supersession of decisions) , insert —
3A
For the purposes of paragraph 2 of Schedule 4C to the Act , the circumstances in which a decision may be superseded under paragraph (2) or (3) include where the material change of circumstances causes the maintenance assessment to cease by virtue of paragraph 16(1) of Schedule 1 to the Act or where the Commission no longer has jurisdiction by virtue of section 44 of the Act (jurisdiction) .
.
3
After paragraph (21) of regulation 23 (date from which a decision is superseded) , insert —
21A
Where a superseding decision is made in a case to which regulation 20(3A) applies and the material circumstance is —
a
a qualifying child dies or ceases to be a qualifying child;
b
the person with care ceases to be a person with care in relation to a qualifying child; or
c
the person with care, the absent parent or a qualifying child ceases to be habitually resident in the United Kingdom,
the decision takes effect from the first day of the maintenance period in which the change occurred.
.
4
In Schedule 1 (meaning of “child” for the purposes of the Act) —
a
for paragraph 1 (persons of 16 or 17 years of age who are not in full-time non-advanced education), substitute —
1
The conditions which must be satisfied for a person to be a child within section 55(1)(c) of the Act are that the person —
a
is registered for training with a qualifying body; and
b
is a person in respect of whom child benefit is payable.
Period for which a person is to be treated as continuing to fall within section 55(1) of the Act
1A
Where a person (“P”) has ceased to fall within section 55(1) of the Act, P is to be treated as continuing to fall within that subsection for any period during which P is a person in respect of whom child benefit is payable.
;
b
for paragraph 2 (meaning of “advanced education” for the purposes of section 55 of the Act), substitute —
2
For the purposes of section 55 of the Act “advanced education” means education for the purposes of —
a
a course in preparation for a degree, a diploma of higher education, a higher national diploma or a teaching qualification; or
b
any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel, a general certificate of education (advanced level) or Scottish national qualifications at higher or advanced higher level.
;
c
for sub-paragraph (2) of paragraph 4 (interruption of full-time education), substitute —
2
The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.
;
d
omit paragraph 5 (circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act);
e
for paragraph 6 (interpretation), substitute —
6
In this Schedule “qualifying body” has the same meaning as in regulation 5(4) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds) .
.
Amendment of the Maintenance Calculation Procedure Regulations
4
1
Schedule 1 to the Maintenance Calculation Procedure Regulations (meaning of “child” for the purposes of the Act) is amended as follows.
2
For paragraph 1 (persons of 16 or 17 years of age who are not in full-time non-advanced education), substitute —
1
The conditions which must be satisfied for a person to be a child within section 55(1)(c) of the Act are that the person —
a
is registered for training with a qualifying body; and
b
is a person in respect of whom child benefit is payable.
Period for which a person is to be treated as continuing to fall within section 55(1) of the Act
1A
Where a person (“P”) has ceased to fall within section 55(1) of the Act, P is to be treated as continuing to fall within that subsection for any period during which P is a person in respect of whom child benefit is payable.
.
3
For paragraph 2 (meaning of “advanced education” for the purposes of section 55 of the Act), substitute —
2
For the purposes of section 55 of the Act “advanced education” means education for the purposes of —
a
a course in preparation for a degree, a diploma of higher education, a higher national diploma or a teaching qualification; or
b
any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel, a general certificate of education (advanced level) or Scottish national qualifications at higher or advanced higher level.
.
4
For sub-paragraph (2) of paragraph 4 (interruption of full-time education), substitute —
2
The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.
.
5
Omit paragraph 5 (circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act).
6
For paragraph 6 (interpretation), substitute —
6
In this Schedule “qualifying body” has the same meaning as in regulation 5(4) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds) .
.
Transitional provisions – qualifying child
5
1
Where the circumstances in paragraph (2) apply the effective date of —
a
a maintenance assessment or maintenance calculation made following an application under section 4 or 7 of the Act; or
b
a supersession decision made under section 17 of the Act where the relevant change of circumstances is that a person has become a qualifying child by virtue of these Regulations,
is the day on which this regulation comes into force.
2
The circumstances are —
a
before these Regulations came into force there was a maintenance assessment or maintenance calculation in force in relation to the qualifying child to whom the application or supersession relates;
b
a person (“C”) who was a qualifying child to whom that maintenance assessment or maintenance calculation relates, ceased to be a qualifying child on or after 10th April 2006 by virtue of no longer falling within the provisions of —
i
Schedule 1 to the Maintenance Assessment Procedure Regulations (meaning of “child” for the purposes of the Act); or, as the case may be,
ii
Schedule 1 to the Maintenance Calculation Procedure Regulations (meaning of “child” for the purposes of the Act); and
c
child benefit was payable in respect of C on the day C ceased to be a qualifying child and is payable in respect of C on the day on which this regulation comes into force.
3
Where an application under section 4 or 7 of the Act is made in a case to which the circumstances in paragraph (2) apply in respect of a maintenance assessment, the definition of “the relevant period” in regulation 28(3) of the Child Support (Transitional Provisions) Regulations 2000 (linking provisions) , is modified as follows —
3
For the purposes of paragraph (1) “the relevant period” means the period starting on the day immediately before the day the maintenance assessment ceased to have effect under paragraph 16(1) of Schedule 1 to the Act, to the day that the application referred to in paragraph (1) is made, in a case where the circumstances of regulation 5(2) of the Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (transitional provisions – qualifying child) apply.
.
Signed by the authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-Secretary of State,
Department for Work and Pensions
2nd November 2009