type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Pensions Act 2004 (Commencement No. 14) Order 2010.
2
In this Order “ the Act ” means the Pensions Act 2004.
Appointed days
2
1
The day appointed for the coming into force of section 173(1)(j) (Pension Protection Fund – amounts transferred from the Fraud Compensation Fund) of the Act is 6th April 2010.
2
The day appointed for the coming into force of section 187 (Board’s powers to make fraud compensation transfer payments) of the Act is —
a
for the purpose only of conferring power to make regulations, 25 February 2010; and
b
for all other purposes, 6th April 2010.
3
The day appointed for the coming into force of section 188(3)(d) (Fraud Compensation Fund – amounts required to be transferred to the Pension Protection Fund) of the Act is 6th April 2010.
4
The day appointed for the coming into force of paragraphs 27 and 28 of Schedule 9 (reviewable matters) to the Act is 6th April 2010.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
24th February 2010


text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2010 and comes into force on 10th February 2010.
Amendment of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
2
The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 is amended as follows.
3
In article 3(1) (interpretation) —
a
for the definition of “record of the results” substitute —
“record of results” or (as the case may be) “record of the result” —
for the purposes of article 5, means a record of the results of a pupil in respect of the NC tests administered to the pupil under article 5(3), consisting of a statement of each level of attainment achieved by the pupil;
for the purposes of article 5A, means a record of the result of a pupil in respect of a single level test, consisting of a statement of whether or not the pupil has achieved the relevant level of attainment;
for the purposes of article 7 —
in so far as it relates to NC tests, means a record of the results of a pupil in respect of any of the NC tests administered to the pupil under article 5, and
in so far as it relates to a single level test, has the meaning given in sub-paragraph (b);
;
b
before the definition of “specified” insert —
“single level test” has the meaning given by article 5A(11);
; and
c
after the definition of “summer term” insert —
“year 6 single level test” has the meaning given in article 6A(1)
.
4
In article 5 (NC test assessment) —
a
in paragraph (1), for “paragraph (3)” substitute “this article”;
b
in paragraph (2), after “paragraph (3)” insert “or (4A)”;
c
in paragraph (2A), for the words from “exempted” to the end of the paragraph substitute “designated for the purposes of article 5A”;
d
in paragraph (3), for “a core subject” substitute “English or mathematics”;
e
after paragraph (4) insert —
4A
Where this article applies to a pupil in respect of science the head teacher must —
a
make arrangements for a NC test to be administered to the pupil in that subject in accordance with any arrangements for such a test made under article 11(1)(a) and (b);
b
ensure that as soon as reasonably practicable the pupil’s responses to the test are provided to the Authority to be marked; and
c
as soon as reasonably practicable after the pupil’s responses to the test have been provided to the Authority in accordance with sub-paragraph (b), provide the Authority with a statement, signed by the head teacher, confirming that the NC test was administered in accordance with any arrangements for such a test made under article 11(1)(a) and (b).
;
f
in paragraph (5) after “NC tests” insert “administered under paragraph (3)”; and
g
omit paragraph (6).
5
After article 5 insert —
Single level tests in mathematics
5A
1
This article applies only to schools which have been designated for the purposes of this article.
2
Subject to paragraphs (5) and (6), the head teacher must as far as is reasonably practicable ensure that a single level test is administered to each pupil in the final school year of the second key stage .
3
Subject to paragraph (5), the head teacher may arrange for a single level test to be administered to a pupil in the second key stage other than in accordance with paragraph (2).
4
Any test administered in accordance with paragraph (2) or (3) must be administered in accordance with any arrangements for single level tests made under article 11(1)(d) and (e).
5
A single level test must not be administered to a pupil unless the head teacher considers that the pupil has reached at least level 3 in relation to the ATs for mathematics in the second key stage.
6
The head teacher is not required to ensure that a single level test is administered to a pupil in accordance with paragraph (2) if the circumstances set out in paragraph (7) apply in relation to the pupil.
7
The circumstances are that —
a
a single level test was administered to the pupil in the school year immediately before the final school year of the second key stage,
b
the pupil passed the test, and
c
either —
i
the head teacher does not consider that the pupil has reached a level of attainment above that assessed by the test, or
ii
the test referred to in sub-paragraphs (a) and (b) was for the purpose of assessing whether the pupil had reached level 6 in relation to the ATs for mathematics in the second key stage.
8
Where a pupil has completed a single level test under this article, the head teacher must ensure that as soon as reasonably practicable the pupil’s responses to the test are provided to the Authority to be marked.
9
As soon as reasonably practicable after the pupil’s responses to a single level test have been provided to the Authority in accordance with paragraph (8), the head teacher must provide the Authority with a statement confirming that the test was administered in accordance with any arrangements for single level tests made under article 11(1)(d) and (e).
10
Once a single level test has been marked, the Authority must provide the head teacher with a record of the result.
11
In this Order, a reference to a single level test is to a test —
a
set by the Authority, and
b
whose purpose is to determine whether a pupil has reached a specified level of attainment in relation to the ATs for mathematics in the second key stage.
.
6
After article 6 (monitoring of assessment arrangements) insert —
Monitoring of assessment arrangements in relation to single level tests
6A
1
This article makes provision for monitoring the administration of single level tests to pupils in the final year of the second key stage (referred to as a “year 6 single level test”).
2
The local education authority which maintains any school designated for the purposes of article 5A is the monitoring authority for the school, and in this article such a school is referred to as a relevant school.
3
The monitoring authority must visit at least 5 relevant schools during any test cycle —
a
for the purpose of monitoring whether the arrangements for administering year 6 single level tests adopted by the school comply with the provisions for such arrangements made under article 11; and
b
in relation to any visit which takes place on the day on which a year 6 single level test is administered, for the purpose of monitoring whether a pupil’s written responses to a year 6 single level test represents the pupil’s own work.
4
Any visit to a relevant school by the monitoring authority for the purposes of this article must take place at one of the following times —
a
on the day before a single level test is administered;
b
on the day on which a test is administered;
c
on the day after a test is administered.
5
The monitoring authority must make at least one of each of the kinds of visit referred to in paragraph (4)(a) to (c) during any test cycle.
6
Paragraph (7) applies where, as a result of a visit carried out in accordance with this article, it appears to the monitoring authority that —
a
any arrangements in connection with administering a year 6 single level test (“the test arrangements”) do not comply with any requirements imposed under article 11, or
b
a pupil’s written responses to such a test does not represent the pupil’s own work.
7
The monitoring authority must —
a
bring the matter referred to in paragraph (6) to the attention of the head teacher; and
b
report the matter to the Authority.
8
The head teacher and the governing body of a school must —
a
permit the monitoring authority to enter the premises of the school at all reasonable times in order to observe the implementation of the test arrangements;
b
permit the monitoring authority to inspect and take copies of documents and other articles relating to the test arrangements;
c
provide the monitoring authority with such information relating to test arrangements as they may reasonably request.
9
In this article a reference to a test cycle is to a period identified in arrangements under article 11 as being a period during which single level tests are to be administered to pupils.
7
In article 7 (investigation by the Authority and correction of record of results) —
a
in paragraph (1) —
i
after “article 6(7)” insert “or 6A(7)”, and
ii
at the end of the paragraph insert “or a year 6 single level test administered under article 5A”;
b
in paragraph (2) —
i
for “an investigation” substitute “a relevant investigation”,
ii
for the words from “before” to “article 5(5)” substitute “before the record of the results has been provided to the head teacher under article 5(5) or 5A(10)”,
iii
after “article 5” insert “or 5A”, and
iv
omit “by that agency”;
c
after paragraph (2) insert —
2A
In paragraph (2) the reference to a relevant investigation under paragraph (1) is to an investigation under that paragraph which concerns —
a
the record of the result of a pupil in respect of NC tests administered under paragraph 5(3), or
b
the record of the result of a pupil who has taken a year 6 single level test.
;
d
in paragraph (3) after “paragraph (1)” insert “about the record of results of any pupil in respect of NC tests administered under article 5(3) and after”; and
e
after paragraph (3) insert —
4
Paragraph (5) applies where an investigation under paragraph (1) —
a
concerns the record of the result of a pupil who has taken a year 6 single level test, and
b
takes place after the record of the result has been provided by the Authority to the head teacher of the school.
5
Where the Authority determines that the record of the result is inaccurate or otherwise incorrect, the Authority must revise the record of the result accordingly and provide the head teacher with the revised record of the result.
6
Where —
a
an investigation under paragraph (1) concerns the record of the result of a pupil who has taken NC tests administered under article 5(4A), and
b
the Authority determines that the record of the result is inaccurate or otherwise incorrect,
the Authority must revise the record of the result accordingly.
.
8
In article 11(1) (supplementary powers of the Secretary of State) —
a
in sub-paragraph (c), omit “exempting or”; and
b
after sub-paragraph (c) insert —
d
provisions as to the setting and administration of single level tests;
e
provisions as to the time when and the manner in which single level tests are to be administered;
f
provisions as to designating schools for the purposes of article 5A.
.
Vernon Coaker
Minister of State
Department for Children, Schools and Families
9th February 2010


text:
Citation
1
This Order may be cited as the Finance Act 2009, Sections 101 to 103 (Appointed Day and Supplemental Provision) Order 2010.
Appointed day
2
The day appointed as the day on which sections 101 to 103 of the Finance Act 2009 come into force for the purposes of bank payroll tax (including any penalties assessed in relation to that tax) is 31st August 2010.
Supplemental provision
3
Interest charged under section 101 of the Finance Act 2009 (late payment interest on sums due to HMRC ) on an amount enforceable as if it were bank payroll tax may be enforced as if it were an amount of bank payroll tax.
Jeremy Wright
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 2010


text:
Citation
1
This Order may be cited as the Children and Adoption Act 2006 (Commencement No. 4) Order 2010.
Appointed day
2
28th October 2010 is the appointed day for the coming into force of section 13 of the Children and Adoption Act 2006 so far as it is not already in force.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
27th October 2010


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No. 4) 2010 and come into force on 17th August 2010.
2
These Regulations have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 17th August 2010;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer traded securities which are not conditional, in relation to agreements made on or after 17th August 2010;
ii
in the case of agreements to transfer traded securities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
In these Regulations —
“Frankfurt Stock Exchange” means a regulated market operated by Deutsche Borse AG ;
“ Open Market MTF ” means a multilateral trading facility operated by Deutsche Borse AG;
“clearing participant” means a member of Eurex Clearing who as such is permitted by the Rules of Eurex to clear transactions made on the Deutsche Borse AG exchange for a traded security and who may or may not also be a participant on the Deutsche Borse AG exchange;
“client” means a person who gives instructions to a non-clearing firm for traded securities to be sold on the Deutsche Borse AG exchange;
“Deutsche Borse AG exchange” means either the Frankfurt Stock Exchange or the Open Market MTF.
“Eurex Clearing” means Eurex Clearing AG ;
“nominee” means a person whose business is or includes holding traded securities as a nominee for Eurex Clearing acting in its capacity as a person providing clearing services in connection with a transaction made on the Deutsche Borse AG exchange, or as a nominee for a clearing participant;
“non-clearing firm” means a participant on the Deutsche Borse AG exchange other than a clearing participant;
“traded securities” means stocks and shares which are issued or raised by a body corporate but does not include stocks and shares issued or raised by a body corporate not incorporated in the United Kingdom unless —
the stocks and shares are registered in a register kept in the United Kingdom by or on behalf of the body corporate; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a body corporate incorporated in the United Kingdom.
Prescription of recognised investment exchanges and recognised clearing houses
3
For the purposes of sections 116 and 117 of the Finance Act 1991 —
a
the Frankfurt Stock Exchange is prescribed as a recognised investment exchange;
b
Open Market MTF is prescribed as a recognised investment exchange;
c
Eurex is prescribed as a recognised clearing house.
Prescribed circumstances for the purposes of sections 116 and 117
4
1
In the circumstances prescribed by paragraph (2), the charges to stamp duty and stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Deutsche Borse AG exchange, conditions A, B and C are met.
3
Condition A is that traded securities are transferred, or agreed to be transferred, from —
a
a clearing participant or its nominee to another clearing participant or its nominee;
b
a non-clearing firm or its client, or nominee of a non-clearing firm or its client, to a clearing participant or its nominee;
c
a clearing participant or its nominee to Eurex Clearing or to its nominee;
d
a person other than a clearing participant to Eurex Clearing or to its nominee, as a result of a failure by a clearing participant to fulfil its obligations in respect of the transaction concerned to transfer traded securities to Eurex Clearing or to its nominee;
e
Eurex Clearing or its nominee to a clearing participant or its nominee;
f
a clearing participant or its nominee to a non-clearing firm.
4
Condition B is that the person to whom those securities are agreed to be transferred under any of the agreements specified in paragraph (3) (“the relevant agreement”) is required on receipt of those securities to transfer traded securities under a matching agreement to another person or, in the case of an agreement falling within paragraph 3(d), would have been so required if the failure referred to in that paragraph had not occurred.
5
Condition C is that traded securities which are the subject of a relevant agreement are dealt with by a clearing participant, who is a party to the relevant agreement, in a separate designated account.
6
In this regulation —
a
“designated account” means an account designated by Eurex Clearing, for a clearing participant, in connection with the traded securities concerned;
b
a “matching agreement” means an agreement under which —
i
the traded securities agreed to be transferred are of the same kind as the traded securities agreed to be transferred under the relevant agreement; and
ii
the number and transfer price of the traded securities agreed to be transferred are identical to the number and transfer price of the traded securities agreed to be transferred under the relevant agreement.
Brooks Newmark
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2010


text:
Citation and Commencement
1
These Regulations may be cited as the British Nationality (General) (Amendment) Regulations 2010 and shall come into force on 7th April 2010.
Amendments to the British Nationality (General) Regulations 2003
2
The British Nationality (General) Regulations 2003 shall be amended as follows.
3
1
For regulation 5A(1)(a) (knowledge of language and life in the United Kingdom) substitute —
a
i
he has attended a course at an accredited college;
ii
the course used teaching materials derived from the document entitled “Citizenship Materials for ESOL Learners” ;
iii
he has demonstrated relevant progress in accordance with paragraph (2); and
iv
he has attained a relevant qualification; or
.
2
In regulation 5A(1)(c) after “for this purpose” insert —
; or
d
the Secretary of State has previously accepted that he has sufficient knowledge of language and sufficient knowledge about life in the United Kingdom when granting the person Indefinite Leave to Remain
.
3
For regulation 5A(2) , substitute —
2
A person has demonstrated relevant progress if he meets the requirements of paragraph (3) or (4).
.
4
After regulation 5A(2) insert —
3
The requirements in respect of a relevant qualification awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 are that the person provides evidence to the Secretary of State that —
a
prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of language ability; and
b
he has successfully completed a course of study leading to a relevant qualification; and
c
having been assessed in accordance with paragraph (a) as being below Entry 1, he has attained a relevant qualification at Entry 1, 2 or 3; or
d
having been assessed in accordance with paragraph (a) as being at Entry 1, he has attained a relevant qualification at Entry 2 or 3; or
e
having been assessed in accordance with paragraph (a) as being at Entry 2, he has attained a relevant qualification at Entry 3.
4
The requirements in respect of a relevant qualification approved by the Scottish Qualifications Authority are that the person provides evidence to the Secretary of State that —
a
prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of language ability; and
b
he has successfully completed a course of study leading to a relevant qualification; and
c
having been assessed in accordance with paragraph (a) as being below Access 2, he has attained a relevant qualification at Access 2 or 3 or at Intermediate 1 level; or
d
having been assessed in accordance with paragraph (a) at Access 2, he has attained a relevant qualification at Access 3 or Intermediate 1 level; or
e
having been assessed in accordance with paragraph (a) at Access 3, he has attained a relevant qualification at Intermediate 1 level.
5
In this regulation:
a
an “accredited college” is:
i
a publicly funded college that is subject to inspection by the Office for Standards in Education, Children’s Services and Skills (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), Her Majesty’s Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales), or an inspection programme that has been approved by the Island’s Government (if situated in the Channel Islands or Isle of Man); or
ii
a private college accredited by Accreditation UK , the British Accreditation Council, the Accreditation Body for Language Services, the Accreditation Service for International Colleges;
b
a “relevant qualification” is:
i
an ESOL qualification in speaking and listening which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation (Ofqual) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and is determined by Ofqual as being at Entry Level; or
ii
one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 level approved by the Scottish Qualifications Authority;
c
a “suitably qualified person” is a person who is deemed suitably qualified by the institution in which the assessment is undertaken.
.
Phil Woolas
Minister of State
Home Office
15th March 2010


text:
Citation, Commencement and Interpretation
1
1
These Regulations may be cited as The Royal Parks and Other Open Spaces (Amendment) etc. Regulations 2010 and shall come into force for the purposes of regulations 1 to 4 on 6th April 2010 and for all other purposes on 1st October 2010.
2
In these Regulations–
“parking permit” means a permit issued by or on behalf of the Secretary of State for the parking of a vehicle;
“parking place” means a place shown on a notice exhibited by or on behalf of the Secretary of State as being appointed under these Regulations as a place where a person may park a vehicle; and
“vehicle” means a mechanically propelled vehicle intended or adapted for use on a road.
Amendment of the Royal Parks and Other Open Spaces Regulations 1997
2
1
The Royal Parks and Other Open Spaces Regulations 1997 are amended in accordance with this regulation.
2
After the definition of “Park Road” insert–
“private hire vehicle” means a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998 ;
.
3
In regulation 3(6) after “deposited by any animal” insert “(other than a horse)”.
4
In regulation 4(8) after “pictorial matter” add “(other than a notice or advertisement approved by Transport for London and exhibited on a taxi or private hire vehicle)”.
5
In regulation 4(23) for “Heron Pond” substitute “Model Boating Pond”.
6
In Part 1 of Schedule 2 after “A taxi” add “or a private hire vehicle”.
7
For Part 2 of Schedule 2 substitute–
PART II Regulation 4(28)
Speeds at which a vehicle may be driven or ridden on a Park road
1
On a Park road in The Green Park, Hyde Park (other than the Serpentine Road), St James’s Park or The Regent’s Park, at a speed not exceeding 30 mph.
2
On a Park road in Bushy Park, Greenwich Park or Richmond Park, at a speed not exceeding 20 mph.
3
On the Serpentine Road in Hyde Park, and on the Park road from Kingston Gate leading to the Home Park Golf Club in Hampton Court Park, at a speed not exceeding 15 mph.
4
On a Park road (other than one mentioned in paragraphs 1, 2 or 3), at a speed not exceeding 10 mph.
.
Amendment of the Greenwich Park (Vehicle Parking) Regulations 2000
3
1
The Greenwich Park (Vehicle Parking) Regulations 2000 are amended in accordance with this regulation.
2
In regulation 5 for “25 pence” substitute “30 pence”.
3
For regulation 6 substitute–
6
1
Subject to paragraph (3), an excess charge of £80 is payable in respect of any vehicle which is allowed to remain parked in contravention of regulation 3 or 4.
2
The excess charge shall be paid to the Secretary of State (or to a person authorised by him to receive such charge on his behalf) by the person who parked the vehicle in the Park within 28 days of the date of a written demand for the same.
3
If the excess charge is paid within 14 days of the date of the written demand, the amount payable is £40.
4
Payment of the excess charge in accordance with this regulation precludes proceedings being commenced for contravention of regulation 3 or 4.
.
Amendment of the Hyde Park and The Regent’s Park (Vehicle Parking) Regulations 1995
4
1
The Hyde Park and The Regent’s Park (Vehicle Parking) Regulations 1995 are amended in accordance with this regulation.
2
In regulation 6(a) for “30 pence” substitute “35 pence”.
3
In regulation 6(b) for “50 pence” substitute “60 pence”.
4
For regulation 7 substitute–
7
1
Subject to paragraph (3), an excess charge of £80 is payable in respect of any vehicle which is allowed to remain parked in contravention of regulation 3 or 4.
2
The excess charge shall be paid to the Secretary of State (or to a person authorised by him to receive such charge on his behalf) by the person who parked the vehicle in the Park within 28 days of the date of a written demand for the same.
3
If the excess charge is paid within 14 days of the date of the written demand, the amount payable is £40.
4
Payment of the excess charge in accordance with this regulation precludes proceedings being commenced for contravention of regulation 3 or 4.
.
Bushy Park and Richmond Park Vehicle Parking Charges
5
1
In respect of a vehicle parked in a parking place in Bushy Park or Richmond Park at any time between 08:30 hours and 18:30 hours (or the time at which the Park in question closes if that is earlier), a parking charge is payable.
2
In respect of a vehicle parked in a parking place in Bushy Park, the charge payable is twenty five pence for every thirty minutes or part thereof, subject to a maximum payment of £2.
3
In respect of a vehicle parked in a parking place in Richmond Park, the charge payable is twenty five pence for every fifteen minutes or part thereof, subject to a maximum payment of £3.
4
The charge shall be paid to the Secretary of State (or to a person authorised by him to receive such a charge on his behalf) by the person who parked the vehicle in the Park.
5
The Secretary of State (or a person authorised by him to receive such a charge on his behalf) may refuse to accept as payment of a charge a payment made other than by such means as are described in a notice exhibited by or on behalf of the Secretary of State in or at a parking place as means by which payment may be made.
Excess Charge
6
1
An excess charge of £80 is payable in respect of a vehicle which is allowed to remain parked in contravention of regulation 5.
2
The excess charge shall be paid to the Secretary of State (or to a person authorised by him to receive such charge on his behalf) by the person who parked the vehicle in the Park within 28 days of the date of a written demand for the same.
3
If the excess charge is paid within 14 days of the date of the written demand, the amount payable is £40.
4
Payment of the excess charge in accordance with this regulation precludes proceedings being commenced for contravention of regulation 5.
Exemptions
7
1
No parking charge is payable in respect of a vehicle in or on which a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970 is displayed in accordance with regulations made under that section.
2
No parking charge is payable in respect of a motor cycle.
3
No parking charge is payable in respect of a vehicle in or on which a parking permit is displayed in such a way that it is clearly visible to a person outside the vehicle and which is allowed to remain parked in a parking place in accordance with the terms of that permit.
General
8
1
Where a constable has reasonable grounds to believe that a person has contravened regulation 5 that person shall give on demand his name and address to that constable.
2
Where in any proceedings for a contravention of regulation 5 it is proved that the amount which has become due, or any part of that amount, has not been duly paid the court shall order the payment of the sum not paid and any sum so ordered to be paid shall be recoverable as a penalty.
3
Nothing in regulations 5, 6 or 7 shall be taken to authorise any act which is prohibited under the Royal Parks and Other Open Spaces Regulations 1997.
Margaret Hodge
Minister for Culture and Tourism
Department for Culture, Media and Sport
25th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Taxes and Duties (Interest Rate) Regulations 2010 and come into force on 31st August 2010.
Interpretation
2
In these Regulations —
“Bank of England rate” means the official bank rate as announced at the relevant meeting;
“operative date” means the 13th working day following the relevant meeting;
“relevant meeting” means the most recent meeting of the Bank of England Monetary Policy Committee ;
“working day” means any day other than a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
Late payment interest rate
3
1
Except where regulation 5 applies, the late payment interest rate for the purposes of section 101 of the Finance Act 2009 (late payment interest on sums due to HMRC ), is the percentage per annum found by applying the following formula —
Bank of England rate + 2.5.
2
The interest rate found under paragraph (1) applies on and after the operative date.
Repayment interest rate
4
1
Except where regulation 5 applies, the repayment interest rate for the purposes of section 102 of the Finance Act 2009 (repayment interest on sums to be paid by HMRC), is the higher of —
a
0.5% per annum; and
b
the percentage per annum found by applying the following formula —
Bank of England rate – 1.
2
The interest rate found under paragraph (1) applies on and after the operative date.
Initial rates of interest
5
1
This regulation applies immediately on the coming into force of these Regulations until the first operative date after the coming into force of these Regulations.
2
The late payment interest rate and repayment interest rate shall be the respective percentages per annum found by applying regulation 3(1) and regulation 4(1) as if the references in those regulations to the Bank of England rate were references to the official bank rate announced at the meeting of the Bank of England Monetary Policy Committee on, or most recently before, the 13th working day before the coming into force of these Regulations.
Effect of change in rates of interest
6
Where the late payment interest rate or repayment interest rate changes in accordance with these Regulations with effect from an operative date, the change has effect in respect of interest running from before that date as well as interest running from or after that date.
Jeremy Wright
Angela Watkinson
Two Lords Commissioners of Her Majesty’s Treasury
21st July 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Iran (European Community Financial Sanctions) (Amendment) Regulations 2010 and shall come into force at 3.00pm on 27th October 2010.
2
In these Regulations “the 2007 Regulations ” means the Iran (European Community Financial Sanctions) Regulations 2007 .
Amendments to the Iran (European Community Financial Sanctions) Regulations 2007
2
The 2007 Regulations are amended as follows.
3
In regulation 2(1), omit the definition of “ EC Regulation ” and insert at the appropriate place the following —
“ EU Regulation” means Council Regulation (EU) No 961/2010 of 25th October 2010 ;
.
4
In regulations 3(1)(a) and 4(2)(a), for “Annex V of the EC Regulation”, substitute “Annex VIII of the EU Regulation ”.
5
In regulation 8(1)(b), for “23rd December 2006”, substitute “the date on which the designated person was designated by the Council”.
Saving provision
6
Any licence which was granted by the Treasury under regulation 10 of the 2007 Regulations and was in effect immediately before the coming into force of these Regulations shall continue to have effect for the purposes of the 2007 Regulations.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
27th October 2010 at 11.00 a.m.


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2010 and shall come into force on the 12 th April 2010.
Kind and levels of support for essential living needs
2
For the table at regulation 10(2) of the Asylum Support Regulations 2000 substitute -
Table
Qualifying couple £70.34 Lone parent aged 18 or over £42.62 Single person aged 25 or over (where the decision to grant support was made prior to the 5 th October 2009 and the person reached age 25 prior to that date) £42.62 Any other single person aged 18 or over £35.52 Person aged at least 16 but under 18 (except a member of a qualifying couple) £38.60 Person aged under 16 £51.37
.
Revocation of the Asylum Support (Amendment) ( No. 2) Regulations 2009
3
The Asylum Support (Amendment) (No. 2) Regulations 2009 are revoked.
Phil Woolas
Minister of State
Home Office
15th March 2010


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2010 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2011.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows:-
Category 1 vehicles £5.70 Category 2 vehicles £11.50 Category 3 vehicles £17.20
3
The Severn Bridges Tolls Order 2009 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Mike Penning
Parliamentary Under Secretary of State,
Department for Transport
15th December 2010


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 2010 and come into force on 30th June 2010.
Amendments
2
1
The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows.
2
For the table in paragraph 1 of Part 1 of Schedule 1, substitute the table in Schedule 1 to these Regulations.
3
For the table in paragraph 2 of Part 1 of Schedule 1, substitute the table in Schedule 2 to these Regulations.
4
In the table headed “vegetable species” in paragraph 1 of Part 2 of Schedule 1 omit —
a
the entry for “ Asparagus officinalis L.”; and
b
the entry for “ Cichorium intybus L. (Large leaved (Italian) chicory)”.
5
For the table in paragraph 2 of Part 2 of Schedule 1, substitute the table in Schedule 3 to these Regulations.
Bryan Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th April 2010


text:
Citation and commencement
1
This Order may be cited as the Enactment of Extra-Statutory Concessions Order 2010 and shall come into force on 1st April 2010.
Accommodation outgoings of ministers of religion
2
1
The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
2
In step 1 in section 218(1) (calculation of earnings rate for a tax year), after “exempt income”, insert “, other than any attributable to section 290A or 290B (accommodation outgoings of ministers of religion).”
3
After section 290 insert —
Accommodation outgoings of ministers of religion
290A
1
No liability to income tax arises in respect of a person in lower-paid employment as a minister of a religious denomination by virtue of the payment or reimbursement of accommodation outgoings.
2
Subsection (1) does not apply if the minister is paid an allowance intended to be used, wholly or in part, for paying accommodation outgoings (as to which see section 290B).
3
In this section —
“accommodation outgoings” means amounts incurred by the minister in —
heating, lighting or cleaning qualifying premises; or
maintaining a garden forming part of qualifying premises;
“lower-paid employment” has the meaning given by section 217;
“qualifying premises” has the same meaning as in section 290 .
Allowances paid to ministers of religion in respect of accommodation outgoings
290B
1
This section applies where a person in lower-paid employment as a minister of a religious denomination is paid an allowance intended to be used, wholly or in part, for paying accommodation outgoings.
2
No liability to tax arises by virtue of the payment of the allowance to the extent that it is used for paying accommodation outgoings.
3
In this section —
“accommodation outgoings” and “lower-paid employment” have the same meanings as in section 290A;
“qualifying premises” has the same meaning as in section 290.
.
4
The amendments made by this article have effect for the tax year 2010-2011 and subsequent tax years.
Discretionary payments by trustees: employment income
3
1
Chapter 7 of Part 9 of the Income Tax Act 2007 (settlements and trustees: discretionary payments) is amended as follows.
2
Before section 493 (discretionary payments by trustees) insert —
Payments constituting income of beneficiary (other than employment income)
.
3
After section 496 insert —
Payments constituting employment income of beneficiary
Discretionary payments by trustees: employment income
496A
1
Section 496B applies if —
a
in a tax year the trustees of a settlement make a discretionary employment income payment, and
b
the trustees are UK resident for the tax year.
2
In this section and section 496B, “discretionary employment income payment” means a payment to a person (“the beneficiary”) that —
a
is made in the exercise of a discretion (whether exercisable by the trustees or any other person),
b
is made out of income, and
c
meets conditions A and B.
3
Condition A is that what is paid to the beneficiary —
a
is, only because of the payment, employment income of the beneficiary, but
b
is not exempt income (as defined in section 8 of ITEPA 2003 ).
4
Condition B is that the payment is made at a time when the settlement is an employee benefit settlement.
5
A settlement is an employee benefit settlement if the trusts on which the settled property is held do not permit the settled property to be applied otherwise than —
a
for the benefit of persons of one or more relevant classes, or
b
for the benefit of such persons and for charitable purposes.
6
“Relevant class” means a class defined by reference to one or more of the following —
a
employment in a particular trade or profession,
b
employment by, or holding office with, a body carrying on a trade, profession or undertaking, or
c
marriage to or civil partnership with, or relationship to, or dependence on, persons of a class mentioned in paragraph (a) or (b).
7
Where the trusts on which the settled property is held do not permit the settled property to be applied otherwise than as described in subsection (5) during a period (however defined), the settlement is an employee benefit settlement during (and only during) that period.
Relief for trustees
496B
1
The trustees of a settlement are entitled (on making a claim in respect of a tax year) to repayment of an amount of income tax equal to the lesser of amount A and amount B.
2
Amount A is —
T E I × T R
where —
TEI is the total of the amounts that are employment income of beneficiaries of the settlement because of discretionary employment income payments made in the tax year by the trustees, and
TR is the trust rate in force for the tax year.
3
Amount B is the amount of the trustees’ tax pool available for the tax year (see section 497) reduced (but not so that is goes below nil) by the total amount of income tax (if any) treated under section 494 as having been paid as a result of payments made by the trustees in the tax year.
4
A claim under this section may not be made before the end of the tax year to which it relates.
.
4
Before section 497 (calculation of trustees’ tax pool) insert —
Tax pool
.
5
In section 497(1) (calculation of trustees’ tax pool), in Step 1 —
a
after “nil)” insert —
a
, and
b
insert at the end —
, and
the amount to which the trustees are entitled under section 496B in respect of the previous tax year.
.
6
In section 504(5) (treatment of income of unauthorised unit trust), for “and 495” substitute “, 495 and 496B”.
7
The amendments made by paragraphs (3) and (4) have effect in relation to payments made by trustees on or after 6th April 2010.
8
The amendment made by paragraph (5) has effect for the tax year 2011-12 and subsequent tax years.
9
The other amendments made by this article have effect for the tax year 2010-11 and subsequent tax years.
10
Where the trustees of an employee benefit settlement (as defined in section 496A of the Income Tax Act 2007) agree, or have agreed, that the trustees’ tax pool available for the tax year 2009-10 or a preceding tax year should be reduced by an amount, that tax pool is to be, or to continue to be, reduced by that amount (even though that reduction is not mentioned in Step 1 of section 497(1) of the Income Tax Act 2007).
Discretionary payments by trustees: other provisions
4
1
In section 824(3) of the Income and Corporation Taxes Act 1988 (repayment supplements: individuals and others) —
a
after paragraph (ab) insert —
ac
if the repayment is a repayment as a result of a claim under section 496B of ITA 2007 (relief for payments by discretionary trust taxable as employment income), the relevant time is the 31 January next following the end of the tax year to which the claim relates;
, and
b
in paragraph (a)(ii), insert at the end “(other than a repayment within paragraph (ac))”.
2
In Part 2 of Schedule 54 to the Finance Act 2009 (repayment interest: special provision as to repayment interest start date), after paragraph 9 insert —
Tax on payments out of discretionary trust taxable as employment income
9A
In the case of a repayment made in consequence of a claim under section 496B of ITA 2007 (relief for payments by discretionary trust taxable as employment income) the repayment interest start date is 31 January next following the end of the tax year to which the claim relates.
.
3
The amendments made by this article have effect for the tax year 2010-11 and subsequent tax years.
Estimated Gift Aid donations by companies
5
1
In the Income and Corporation Taxes Act 1988 , after section 339(3B) insert —
3BA
In a case where a company makes a payment to a charity (“the donation”), and the charity makes a payment to the company (“the repayment”), then for the purposes of subsection (3B)(a) the donation is not made subject to a condition as to repayment if —
a
the company is wholly owned by the charity, or by a number of charities that include the charity;
b
the donation is of an amount which the company estimates to be the amount necessary to reduce to nil the company’s total profits for the accounting period in which the donation is made (“the relevant period”);
c
the only purpose for which the charity makes the repayment is to adjust the amount of the donation so that it is of the amount actually necessary to reduce to nil the company’s total profits for the relevant period; and
d
the repayment is made no later than 12 months after the end of the relevant period.
3BB
If subsection (3BA) applies —
a
the repayment is not non-charitable expenditure for the purposes of section 505(4) or section 543(1)(f) of ITA 2007; and
b
paragraphs 56 and 62 (but not 64) of Schedule 18 to the Finance Act 1998 (supplementary claims or elections) apply to the repayment.
.
2
The amendment made by paragraph (1) has effect in relation to payments to charities made on or after 1st April 2010.
Income of contemplative communities or of their members
6
1
In the Income and Corporation Taxes Act 1988, after section 508 insert —
Contemplative religious communities: profits exempt from corporation tax
508A
1
Subsection (2) applies in a case where members of a qualifying contemplative religious community transfer all their income and assets, or covenant all their income, to the community (“the independent community”) (and for this purpose it is irrelevant whether or not the community is part of an order or religious institution).
2
As respects each chargeable period of the independent community, and each person who is a qualifying member of the independent community at any time in that period, the independent community shall be treated for the purposes of corporation tax as if an amount of its profits for the chargeable period equal to the relevant amount (see subsections (5) to (7)) were income of the qualifying member.
3
Subsection (4) applies in a case where —
a
one or more qualifying contemplative religious communities (“constituent communities”) are part of an order or religious institution (“the parent body”), and
b
members of the constituent communities transfer all their income and assets, or covenant all their income, to the parent body.
4
As respects each chargeable period of the parent body, and each person who is a qualifying member of a constituent community at any time in that period, the parent body shall be treated for the purposes of corporation tax as if an amount of its profits for the chargeable period equal to the relevant amount (see subsections (5) to (7)) were income of the qualifying member.
5
For the purposes of subsections (2) and (4), the relevant amount, in relation to a chargeable period, is the amount of the annual personal allowance for persons under 65 (see section 35 of ITA 2007) for —
a
the tax year which begins in the chargeable period, or
b
if no tax year begins in the chargeable period, the tax year which is current when the chargeable period begins.
6
But, if the chargeable period is less than 12 months, the relevant amount is —
P
365
× A
where —
P is the number of days in the chargeable period;
A is the amount determined under subsection (5) in relation to the chargeable period.
7
If, during the chargeable period, an individual ceases to be a qualifying member of the independent community or a constituent community (otherwise than on death), the relevant amount, in relation to the chargeable period and that qualifying member, is —
Q
P
× B
where —
Q is the number of days in the chargeable period for which the individual is a qualifying member of the independent community or constituent community;
P is the number of days in the chargeable period;
B is the amount determined under subsection (5), or subsections (5) and (6), in relation to the chargeable period.
8
So far as the exemption from corporation tax conferred by this section calls for repayment of tax, no repayment shall be made except on a claim made by the independent community or parent body.
9
In a case where a member of an independent community or constituent community —
a
has transferred or covenanted income to the community (in the case of an independent community) or the parent body (in the case of a constituent community), and
b
has income for a tax year which does not exceed 20% of the annual personal allowance for persons under 65 (see section 35 of ITA 2007) for that tax year,
the member is, for the purposes of this section, to be taken to have transferred or covenanted all his or her income for that tax year to the community or parent body.
10
For the purposes of this section a contemplative religious community is a “qualifying” contemplative religious community if —
a
the community is established in the United Kingdom,
b
the members of the community live and practise their religion in a communal establishment, and
c
the community is not a charity, but the religion that is professed by the members of the community does not prevent the community from being a charity.
11
In this section —
“member”, in relation to a religious community, means an individual who —
is living in the community, and
has taken vows or made equivalent commitments (whether probationary or not);
“qualifying member”, in relation to a religious community, means a member of the community who —
has been a member of the community for a period of at least six months, and
has transferred all his or her income and assets, or covenanted all his or her income, to the community (in the case of an independent community) or the parent body (in the case of a constituent community).
Contemplative religious communities: gains exempt from corporation tax
508B
1
Subsection (2) applies if, as respects a chargeable period —
a
section 508A(2) applies in relation to an independent community,
b
the profits of the independent community in the chargeable period are less than the total of the amounts that fall to be treated as income of the qualifying members of the community in accordance with section 508A(2), and
c
the independent community has chargeable gains in the chargeable period.
2
As respects the chargeable period and each qualifying member of the independent community, the community shall be treated for the purposes of corporation tax as if the relevant amount of its chargeable gains for that period were income of the qualifying member.
3
Subsection (4) applies if, as respects a chargeable period —
a
section 508A(4) applies in relation to a parent body,
b
the profits of the parent body in the chargeable period are less than the total of the amounts that fall to be treated as income of the qualifying members of the constituent communities in accordance with section 508A(4), and
c
the parent body has chargeable gains in the chargeable period.
4
As respects the chargeable period and each qualifying member of a constituent community, the parent body shall be treated for the purposes of corporation tax as if the relevant amount of its chargeable gains for that period were income of the qualifying member.
5
For the purposes of subsections (2) and (4), the relevant amount, in relation to a qualifying member of the independent community or a constituent community, is the smaller of —
a
the shortfall in profits, and
b
the average gain.
6
The shortfall in profits is the difference between —
a
the relevant amount determined under section 508A(5) to (7) in relation to the qualifying member, and
b
the amount that has actually been treated as the income of the qualifying member.
7
The average gain is —
G
N
where —
G is the amount of the chargeable gains which the independent community or parent body has in the chargeable period;
N is the number calculated by adding together the relevant value for each qualifying member of the independent community or constituent communities who, under section 508A(2) or (4), falls to be treated as having income.
8
For the purposes of calculating “N” in subsection (7) —
a
the relevant value for a qualifying member is 1;
b
but, if section 508A(7) applies in relation to the qualifying member, the relevant value for that member is —
1 ×
Q
P
where Q and P have the same meanings as in section 508A(7).
9
So far as the exemption from corporation tax conferred by this section calls for repayment of tax, no repayment shall be made except on a claim made by the independent community or parent body.
.
2
The amendment made by paragraph (1) has effect in relation to chargeable periods beginning on or after 1st April 2010.
Disposals of assets derived from larger holdings: valuation as at 31st March 1982
7
1
The Taxation of Chargeable Gains Act 1992 is amended as follows.
2
In section 55(6) (disposal of assets acquired by no gain/no loss disposals since 31st March 1982), omit the “and” at the end of paragraph (a) and after that paragraph insert —
aa
in the case of a disposal to which paragraph 1A of Schedule 3 applies (certain holdings of shares or securities), the market value of the asset on that date is to be determined in accordance with that paragraph; and
.
3
In Schedule 3 (assets held on 31st March 1982), after paragraph 1 insert —
1A
1
This paragraph applies where —
a
paragraph 1(1) applies to a disposal of shares in or securities of a company that are of a class,
b
accordingly, the shares or securities constitute or form part of a holding which the person making the disposal (“P”) is treated as having held on 31st March 1982 (“the deemed 1982 holding”),
c
the disposal by which P acquired the shares or securities, and any previous disposal of them after 31st March 1982, was a disposal to which section 171(1) (transfers within a group) applied,
d
some or all of the shares or securities constituting the deemed 1982 holding were in fact held on 31st March 1982 by a person other than P, and
e
in the hands of that person on that date they formed part of a holding which —
i
consisted of shares or securities of the same class as the shares or securities disposed of, and
ii
was larger than the deemed 1982 holding.
2
If P makes a claim, then for the purposes of section 35(2) the market value on 31st March 1982 of the shares or securities disposed of is to be treated as being —
V L H ×
N D O
N L H
where —
VLH is the market value on 31st March 1982 of the larger holding mentioned in sub-paragraph (1)(e) (in the hands of the person who in fact held it on that date),
NDO is the number of shares or securities disposed of, and
NLH is the number of shares or securities comprised in the larger holding on that date.
3
Sub-paragraph (4) applies where sub-paragraph (1)(d) and (e) are met by two or more persons holding the shares or securities as two or more holdings or parts of holdings (“the original holdings”).
4
Sub-paragraph (2) applies for the purpose of calculating the market value on 31st March 1982 of the shares or securities disposed of, except that —
a
VLH is the market value on 31st March 1982 of the largest of the original holdings, and
b
NLH is the number of shares or securities comprised in that holding.
5
A claim under sub-paragraph (2) must be made on or before the second anniversary of the end of the accounting period of P in which the disposal takes place.
6
Shares in or securities of a company shall not be treated as being of the same class unless they are so treated by the practice of a recognised stock exchange or would be so treated if dealt with on a recognised stock exchange.
.
4
The amendments made by this article have effect in relation to disposals made on or after 1st April 2010.
Relief for exchanges of joint interests
8
1
In the Taxation of Chargeable Gains Act 1992, after section 248 insert —
Joint interests in land
Roll-over relief on disposal of joint interests in land: conditions
248A
1
Section 248B applies where conditions A to E are met.
2
Condition A is that a person (“the landowner”) and one or more other persons jointly hold —
a
a holding of land, or
b
two or more separate holdings of land.
3
Condition B is that the landowner disposes of an interest (“the relinquished interest”) in —
a
the holding, or
b
one or more of the holdings,
to the co-owner or to one or more of the co-owners.
4
Condition C is that the consideration for the disposal is or includes an interest (“the acquired interest”) in a holding of land held jointly by the landowner and one or more of the co-owners.
5
Condition D is that as a consequence of the disposal (taken together with any related disposals) the landowner and each of the co-owners become —
a
in a case falling within subsection (2)(a), the sole owner of part of the holding, or
b
in a case falling within subsection (2)(b), the sole owner of one or more of the holdings.
6
Condition E is that the acquired interest is not an interest in excluded land (see section 248C).
7
For the purposes of this section —
a
references to a holding of land include references to an estate or interest in a holding of land, and are to be read in accordance with section 243(3);
b
references to holding land jointly are to holding land —
i
in England and Wales, as joint tenants or tenants in common,
ii
in Scotland, as joint owners or owners in common, or
iii
in Northern Ireland, as joint tenants, tenants in common or coparceners;
c
“co-owner” means any person who holds a holding of land jointly with the landowner;
d
a related disposal (in relation to a disposal mentioned in condition B) is a disposal of an interest in the holding, or in one or more of the holdings, which is made —
i
by the landowner to a co-owner, or
ii
by a co-owner to the landowner or another co-owner,
at the same time as the disposal mentioned in that condition;
e
spouses who are living together, or civil partners who are living together, are together treated as a landowner or a co-owner.
Calculation of relief
248B
1
In a case where the amount or value of the consideration for the disposal of the relinquished interest is equal to or less than the market value of that interest, the landowner, on making a claim, is to be treated for the purposes of this Act —
a
as if the consideration for the disposal of the relinquished interest were of such amount as would secure that on the disposal neither a gain nor a loss accrues, and
b
as if the amount or value of the consideration for the acquisition of the acquired interest were reduced by the excess of the amount or value of the actual consideration for the disposal of the relinquished interest over the amount of the consideration which the landowner is treated as receiving under paragraph (a).
2
In a case where the amount or value of the consideration for the disposal of the relinquished interest exceeds the market value of that interest, then if the excess (“the excess consideration”) is less than the amount of the gain (whether all chargeable gain or not) accruing on the disposal of the relinquished interest, the landowner, on making a claim, is to be treated for the purposes of this Act —
a
as if the amount of the gain so accruing were reduced to the amount of the excess consideration (and, if not all chargeable gain, with a proportionate reduction in the amount of the chargeable gain), and
b
as if the amount or value of the consideration for the acquisition of the acquired interest were reduced by the amount by which the gain is reduced (or, as the case may be, the amount by which the chargeable gain is proportionately reduced) under paragraph (a).
3
Subsections (1) and (2) are subject to section 248C(3).
4
Nothing in subsection (1) or (2) affects the treatment for the purposes of this Act of a co-owner (within the meaning given by section 248A(7)).
5
Where subsection (1)(a) applies to exclude a gain which, in consequence of Schedule 2 (assets held on 6th April 1965) is not all chargeable gain, the amount of the reduction to be made under subsection (1)(b) shall be the amount of the chargeable gain, and not the whole amount of the gain.
Excluded land
248C
1
Land is excluded land to the extent that —
a
it is a dwelling-house or part of a dwelling-house (or an interest in or right over a dwelling-house), and
b
by virtue of, or of any claim under, any provision of sections 222 to 226 (private residences) the whole or any part of a gain accruing on a disposal of it by the landowner at a material time would not be a chargeable gain.
2
In subsection (1)(b), “a material time” means any time during the period of 6 years beginning on the date of the acquisition of the acquired interest.
3
If land was not excluded land at the date of the acquisition of the acquired interest but becomes excluded land within 6 years of the acquisition, the amount of any chargeable gain accruing on the disposal of the relinquished interest shall be re-determined without regard to any relief previously given under section 248B by reference to the amount or value of the consideration for the acquisition of the interest in that land.
4
Any adjustments of capital gains tax in accordance with subsection (3), whether by way of assessment or otherwise, may be made at any time, despite anything in section 34 of the Management Act (time limit for assessments).
5
Expressions used in this section have the same meaning as in section 248A.
Milk quotas
248D
1
This section applies where —
a
section 248B applies to a holding (or holdings) of land, and
b
milk quota is associated with the holding in which the relinquished interest is held and with the holding in which the acquired interest is held.
2
Section 248B(1), (2) and (4) apply —
a
to the disposal of quota associated with the holding in which the relinquished interest is held as they apply to the disposal of that interest, and
b
to the acquisition of quota associated with the holding in which the acquired interest is held as they apply to the acquisition of that interest.
Relief on disposal of joint interests in private residence
248E
1
This section applies where conditions A to E are met.
2
Condition A is that a person (“the landowner”) and one or more other persons jointly hold an interest in two or more dwelling–houses.
3
Condition B is that the landowner disposes of an interest (“the relinquished interest”) in one or more of the dwelling-houses to the co-owner or to one or more of the co-owners.
4
Condition C is that the consideration for the disposal is or includes an interest (“the acquired interest”) in one of the other dwelling–houses.
5
Condition D is that as a consequence of the disposal (taken together with any related disposals) —
a
the dwelling-house in which the landowner acquires an interest becomes the only or main residence of the landowner, and
b
each of the other dwelling-houses becomes the only or main residence of one (and only one) of the co-owners.
6
Condition E is that if each dwelling-house were disposed of immediately after the disposal (or disposals) mentioned in subsection (5) then by virtue of sections 222 and 223 (private residences) no part of the gain accruing on each of those disposals would be a chargeable gain.
7
The landowner, on making a claim jointly with the co-owner or co-owners, shall be treated for the purposes of this Act —
a
as if the consideration for the disposal of the relinquished interest were of such amount as would secure that on the disposal neither a gain nor a loss accrues, and
b
as if the acquired interest were acquired by the landowner —
i
at the time it was acquired jointly by the landowner and the co-owner or co-owners, and
ii
for a consideration equal to the amount of the sums that would have been allowable under section 38(1)(a) and (b) (acquisition and disposal costs etc ) as a deduction in the computation of any gain on a disposal of the acquired interest by the co-owner or co-owners.
8
For the purposes of this section —
a
“co-owner” means any person who holds an interest in a dwelling-house jointly with the landowner;
b
references to holding land jointly are to holding land —
i
in England and Wales, as joint tenants or tenants in common,
ii
in Scotland, as joint owners or owners in common, or
iii
in Northern Ireland, as joint tenants, tenants in common or coparceners;
c
a related disposal (in relation to a disposal mentioned in condition B) is a disposal of an interest in a dwelling-house which is made —
i
by the landowner to a co-owner, or
ii
by a co-owner to the landowner or another co-owner,
at the same time as the disposal mentioned in that condition;
d
spouses who are living together, or civil partners who are living together, are together treated as a landowner or a co-owner.
.
2
The amendment made by paragraph (1) has effect in relation to disposals on or after 6th April 2010.
Compensation for deprivation of foreign assets
9
1
In the Taxation of Chargeable Gains Act 1992, after section 268A insert —
Compensation for deprivation of foreign assets
268B
1
A gain is not a chargeable gain if —
a
it accrues to a person on receipt of a capital sum paid by way of compensation for the deprivation of a foreign asset,
b
no legal redress was available when the deprivation occurred, and
c
the sum is paid as the result of a relevant compensation award.
2
A relevant compensation award is an award or distribution made —
a
under —
i
an Order in Council made under the Foreign Compensation Act 1950 , or
ii
arrangements established by the government of a territory outside the United Kingdom that are equivalent in effect to such an Order,
b
as a result of a recommendation of —
i
the Spoliation Advisory Panel, or
ii
a body outside the United Kingdom whose purposes and functions are equivalent to those of the Panel, or
c
in settlement of a legal claim to the effect that the deprivation was unlawful or in accordance with an order to that effect made by a court, tribunal or other competent authority with jurisdiction to decide such a claim.
3
Reference in this section to the payment of a capital sum by way of compensation for the deprivation of a foreign asset includes —
a
payment as a result of the abandonment or extinguishment of rights in respect of the deprivation;
b
return of the asset itself.
4
In the case of a gain accruing to a person other than the original owner —
a
subsection (1) does not apply if consideration had been given at any time (whether by that person or someone else) for the right to receive the compensation, but
b
consideration given on an acquisition falling within section 58(1) or 171(1) is to be ignored for these purposes.
5
If the capital sum is paid (or the foreign asset returned) to a person to whom an allowable loss has accrued as a result of —
a
the deprivation of the foreign asset, or
b
the abandonment or extinguishment of rights in respect of the deprivation,
subsection (1) applies only to so much of any gain as exceeds that loss.
6
For a person to obtain relief under this section, the person must make a claim.
7
If the capital sum is paid by means of the transfer of an asset (or the foreign asset is returned), that asset is to be treated for the purposes of computing a gain or a loss on its subsequent disposal as if it were acquired for a consideration equal to its market value at the time of the transfer.
8
In this section —
“capital sum” means money or money’s worth;
“deprivation”, in relation to a foreign asset, includes deprivation resulting from —
the seizure, confiscation, forfeiture, destruction or expropriation of the asset,
the disposal of the asset by a sale under duress for less than market value;
“foreign asset” means an asset which was situated outside the United Kingdom at the time of the deprivation;
“legal redress”, in relation to the deprivation of a foreign asset, means a right to recover the asset or to receive compensation for the deprivation;
“original owner” means the person who owned the foreign asset at the time of the deprivation;
“Spoliation Advisory Panel” includes any successor to that Panel.
9
This section does not apply in relation to a gain to which section 268A applies.
.
2
The amendment made by paragraph (1) has effect —
a
for corporation tax purposes, in relation to capital sums received on or after 1st April 2010, and
b
for capital gains tax purposes, in relation to capital sums received on or after 6th April 2010.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
27th January 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 4) Order 2010.
2
In this order, “the 2009 Act ” means the Policing and Crime Act 2009.
Provisions coming into force on 2nd March 2010
2
1
The day appointed for the coming into force of the following provisions for the purpose of making orders under paragraph 3 of Schedule 3 to the 2009 Act is 2nd March 2010:
a
section 27(11) of the 2009 Act (provision for Schedule 3 to that Act to have effect);
b
paragraphs 3 and 5 of Schedule 3 to the 2009 Act (power to make transitional provision on adoption of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended).
2
This article applies only in relation to England.
3
The day appointed for the coming into force of section 108(4) and (5) of the 2009 Act for the purpose of making regulations under section 6 of the Crime and Disorder Act 1998 is 2nd March 2010.
Provisions coming into force on 12th March 2010
4
The day appointed for the coming into force of the following provisions of the 2009 Act is 12th March 2010:
a
section 5 (police collaboration);
b
section 112(1) (minor and consequential amendments and repeals and revocations) insofar as it relates to the provisions of Part 1 of Schedule 7;
c
Part 1 of Schedule 7.
Provisions coming into force on 1st April 2010
5
Subject to article 6, the day appointed for the coming into force of the following provisions of the 2009 Act is 1st April 2010:
a
section 14 (paying for sexual services of a prostitute subjected to force etc : England and Wales);
b
section 15 (paying for sexual services of a prostitute subjected to force etc: Northern Ireland);
c
section 16 (amendment to offence of loitering etc for purposes of prostitution);
d
section 17 (orders requiring attendance at meetings);
e
section 18 (rehabilitation of offenders: orders under section 1(2A) of the Street Offences Act 1959 );
f
section 19 (soliciting: England and Wales);
g
section 20 (soliciting: Northern Ireland);
h
section 21 (closure orders) in relation to England and Wales only;
i
section 22 (time limits);
j
section 23 (foreign travel orders: grounds);
k
section 24 (foreign travel orders: duration);
l
section 25 (foreign travel orders: surrender of passports);
m
section 79 (security planning for airports) in relation to Northern Ireland only;
n
section 80 (policing at airports) in relation to Northern Ireland only;
o
sections 103 to 107 (football spectators);
p
section 108 (strategies for crime reduction etc: probation authorities) insofar as not already in force;
q
section 112(1) (minor and consequential amendments and repeals and revocations) insofar as it relates to the provisions of Part 3 of Schedule 7 specified in sub–paragraph (v) and Part 12 of Schedule 7;
r
section 112(2) (minor and consequential amendments and repeals and revocations) insofar as it relates to Parts 2 and 11 of Schedule 8;
s
Schedule 1 (Schedule to the Street Offences Act 1959);
t
Schedule 2 (closure orders) in relation to England and Wales only;
u
Schedule 6 (amendment of Part 3 of the Aviation Security Act 1982 ) in relation to Northern Ireland only;
v
paragraphs 18 to 22, 24 and 26 of Schedule 7;
w
Part 12 of Schedule 7;
x
Parts 2 and 11 of Schedule 8.
Transitional and savings provision
6
The coming into force of sections 17 and 18 of the 2009 Act is of no effect in relation to any person as regards an offence committed by that person contrary to section 1 (loitering or soliciting for purposes of prostitution) of the Street Offences Act 1959 during a period which falls wholly or partly before 1st April 2010.
David Hanson
Minister of State
Home Office
27th February 2010


text:
Citation and commencement
1
This Order may be cited as the Personal Accounts Delivery Authority Winding Up Order 2010 and shall come into force on 5th July 2010.
Interpretation
2
In this Order —
“ the Act ” means the Pensions Act 2007;
“the 2008 Act ” means the Pensions Act 2008 ;
“the corporation” means The National Employment Savings Trust Corporation established under section 75 of the 2008 Act ;
“enactment” includes–
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 ;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, Northern Ireland legislation;
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
“intellectual property” means —
copyright, rights related to or affording protection similar to copyright and rights in databases, patents, inventions, trade marks, internet domain names, website addresses, trade names, designs, know-how, trade secrets and confidential information; and
applications for registration, and the right to apply for registration, for any of the rights referred to in paragraph (a) that are capable of being registered in any country or jurisdiction, and all other rights having similar or equivalent effect in any country or jurisdiction;
“records” means documents held by or on behalf of the Authority irrespective of the media or method of storage including in particular —
all books of account, ledgers, payroll records, income records, registers, reports and information relating to contracts or suppliers;
all records relating to the Authority’s employees or other staff, including all payroll schedules, pensions records, personnel files and disciplinary records;
all records of meetings, correspondence and submissions to the Secretary of State;
all results of research and documents relating to research; and
all library material, books, reference material and publications;
“transfer date” means the beginning of the 5th July 2010.
Winding up of the Authority
3
The Authority is wound up and dissolved on the transfer date.
Transfer of property, rights and liabilities
4
1
Subject to paragraph (2), all of the property, rights and liabilities of the Authority, including the property, rights and liabilities described or referred to in Schedule 1, are, on the transfer date, transferred to the corporation.
2
The property, rights and liabilities described or referred to in Schedule 2 are, on the transfer date, transferred to the Secretary of State.
Effects of the Order in relation to employees
5
For the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 , the transfer of property, rights and liabilities from the Authority to the corporation is to be treated as a “relevant transfer” within the meaning of regulation 2 of those Regulations.
Information
6
1
In relation to any property, rights or liabilities that are transferred to the corporation under article 4(1), the Secretary of State shall provide to the corporation on request a copy of any record, or any other information, that she holds and that the corporation needs in order to deal with that property or those rights or liabilities.
2
In relation to any property, rights or liabilities that are transferred to the Secretary of State under article 4(2), the corporation shall provide to the Secretary of State on request a copy of any record, or any other information, that it holds and that the Secretary of State needs in order to deal with that property or those rights or liabilities.
Continuity in functions
7
1
Where in relation to any property, rights or liabilities that are transferred under article 4, any action has been taken under any enactment, by or against the Authority, that action shall be regarded as having been taken by or against the corporation or the Secretary of State, as the case may be.
2
Where in relation to any property, rights or liabilities that are transferred under article 4, any legal proceedings have been commenced by or against the Authority, those proceedings may be continued by or against the corporation or the Secretary of State, as the case may be.
Repeals and savings
8
1
Subject to paragraphs (2) and (3), the following provisions are repealed —
a
sections 20 and 22 of the Act;
b
Schedule 6 to the Act; and
c
sections 79 to 85 of the 2008 Act.
2
Paragraph 17 of Schedule 6 to the Act shall continue to apply in relation to the report on the exercise of the Authority’s functions during the financial year ending on 31st March 2010, as if —
a
in sub-paragraph (1), for “Authority” there were substituted “The National Employment Savings Trust Corporation established under section 75 of the Pensions Act 2008”; and
b
in sub-paragraph (2), paragraph (aa) were omitted .
3
Paragraph 19 of Schedule 6 to the Act shall continue to apply in relation to the accounting records and statement of accounts of the Authority in respect of the financial year ending on 31st March 2010, as if —
a
in sub-paragraphs (1) to (3), for “Authority” there were substituted “The National Employment Savings Trust Corporation established under section 75 of the Pensions Act 2008”;
b
in sub-paragraph (1)(a), after “records” there were inserted “in respect of the Authority”; and
c
in sub-paragraph (1)(b), after “in respect of” there were inserted “the activities of the Authority in”.
Annual report and accounts for the year 2010/2011
9
In relation to the financial year ending on 31st March 2011, Schedule 1 to the 2008 Act shall apply as if —
a
in paragraph 17 —
i
in sub-paragraphs (1) and (2)(a), after “trustee corporation’s” there were inserted “and the Authority’s”; and
ii
in sub-paragraph (2)(b), after “trustee corporation” there were inserted “or the Authority”;
b
in paragraph 20 —
i
in sub-paragraph (1)(a), after “accounting records” there were inserted “in respect of itself and the Authority”; and
ii
in sub-paragraph (1)(b), after “statement of accounts” there were inserted “in respect of the affairs of itself and of the Authority”; and
c
in paragraph 26(1), before the definition of “financial year”, there were inserted ““the Authority” means the Personal Accounts Delivery Authority;”.
Signed by authority of the Secretary of State for Work and Pensions.
Angela Eagle
Minister of State,
Department for Work and Pensions
22nd March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (Amendment No. 2) (England) Regulations 2010 and shall come into force on 1st October 2010.
2
These Regulations apply in relation to England only.
Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990
2
1
The Planning (Listed Buildings and Conservation Areas) Regulations 1990 are amended as follows.
2
In regulation 3 (applications for listed building consent or for conservation area consent) in paragraph (1A)(b) for “article 10B(1)(b) of the Town and Country Planning (General Development Procedure) Order 1995” substitute “article 18(1)(b) or (c) of the Town and Country Planning (Development Management Procedure) (England) Order 2010 ”.
3
In regulation 3A (design and access statements), in paragraph (1), for “, except where paragraph (1A) applies” substitute “, except where regulation 3(1A) applies”.
Signed by authority of the Secretary of State for Communities and Local Government
Greg Clark
Minister of State
8th September 2010
Department for Communities and Local Government


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010 and shall come into force on 25th March 2010.
Amendment of the Social Security (General Benefit) Regulations 1982
2
1
The Social Security (General Benefit) Regulations 1982 are amended as follows.
2
In regulation 2 (exceptions from disqualification for imprisonment etc. ) —
a
in paragraph (3) —
i
after “that person” insert “(“P”)”;
ii
for the words beginning “he is liable to be detained in a hospital” to the end of the paragraph substitute “P is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless P satisfies either of the following conditions.”; and
b
for paragraph (4) substitute —
4
The first condition is that —
a
P is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
b
in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act , P is being detained on or before the day which the Secretary of State certifies to be that release date.
4A
The second condition is that P is being detained under —
a
section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
b
section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
.
Amendment of the Income Support (General) Regulations 1987
3
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In regulation 21 (special cases) after paragraph (3) insert —
3ZA
In Schedule 7 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions.
3ZB
The first condition is that —
a
P is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
b
in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.
3ZC
The second condition is that P is being detained under —
a
section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
b
section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
.
3
In Schedule 7 (applicable amount in special cases), in column (1), for paragraph 2A substitute —
Persons serving a sentence of imprisonment detained in hospital
2A
A person serving a sentence of imprisonment detained in hospital.
.
Amendment of the State Pension Credit Regulations 2002
4
1
The State Pension Credit Regulations 2002 are amended as follows.
2
In regulation 8 (special groups) for “patients” substitute “persons serving a sentence of imprisonment detained in hospital”.
3
In Schedule 3 (special groups) —
a
for the heading to paragraph 2 substitute —
Persons serving a sentence of imprisonment detained in hospital
; and
b
for paragraph 2(1) substitute —
1
Sub-paragraph (2) applies in the case of a claimant (“C”) who satisfies either of the following conditions.
1A
The first condition is that —
a
C is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
b
in any case where there is in relation to C a release date within the meaning of section 50(3) of that Act, C is being detained on or before the day which the Secretary of State certifies to be that release date.
1B
The second condition is that C is being detained under —
a
section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
b
section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
.
Amendment of the Employment and Support Allowance Regulations 2008
5
1
The Employment and Support Allowance Regulations 2008 are amended as follows.
2
In regulation 69 (special cases) after paragraph (2) add —
3
In Schedule 5 “person serving a sentence of imprisonment detained in hospital” means a person (“P”) who satisfies either of the following conditions.
4
The first condition is that —
a
P is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
b
in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.
5
The second condition is that P is being detained under —
a
section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
b
section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
.
3
In regulation 160 (exceptions for disqualification for imprisonment) —
a
in paragraph (3) —
i
after the words “a claimant” insert “(“C”)”;
ii
for the words “the claimant” (the first time they appear) substitute “C”;
iii
for the words beginning “the claimant is liable to be detained in a hospital” to the end of the paragraph substitute “C is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless C satisfies either of the following conditions”; and
b
for paragraph (4) substitute —
4
The first condition is that —
a
C is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
b
in any case where there is in relation to C a release date within the meaning of section 50(3) of that Act, C is being detained on or before the day which the Secretary of State certifies to be that release date.
4A
The second condition is that C is being detained under —
a
section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
b
section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
.
4
In Part 2 of Schedule 5 (special cases) in column (1) —
a
for paragraph 12 and its heading substitute —
Persons serving a sentence of imprisonment detained in hospital
12
A person serving a sentence of imprisonment detained in hospital.
; and
b
before paragraph 13 insert the heading —
Patients
.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Knight
Minister of State,
Department for Work and Pensions
23rd February 2010


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Skills Training Conditionality Pilot) Regulations 2010.
2
They come into force on 26th April 2010.
3
They cease to have effect on 25th October 2011.
Interpretation
2
In these Regulations —
“action plan” means a document which is completed by the Secretary of State in relation to a claimant which contains a record of any activity that the Secretary of State considers will, or will be likely to, improve that person’s prospects of obtaining employment;
“appropriate office” means an office of the Department for Work and Pensions which is identified in the Schedule by reference to its district and name on 26th April 2010 (and where such an office closes, a reference in the Schedule to that office shall be construed in relation to any person as a reference to the office at which that person is required to attend instead of that office);
“claimant” means a person claiming a jobseeker’s allowance who is aged 18 or over;
“Jobseeker’s Regime and Flexible New Deal Stage 3” means an arrangement known by that name, being a programme of up to 6 months duration provided by the Secretary of State and which consists of the provision to claimants of advice, support, assistance with job search activity and the development of job search skills;
“training” is to be construed as including attendance by a claimant who has been selected to take part in the Skills Training Conditionality Pilot at a pre-entry interview conducted by a training provider;
“employment officer” has the meaning given in section 19(10)(a) of the Jobseekers Act 1995;
“the Skills Training Conditionality Pilot” means a scheme known by that name for the provision to claimants of training —
secured by the Learning and Skills Council for England,
secured by Ufi Limited (operating as “learndirect”),
which is provided by, or provided pursuant to other arrangements made by, the Secretary of State, or
which is approved by the Secretary of State in relation to particular claimants;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Application
3
1
Subject to regulation 5, these Regulations apply to a claimant who meets the following conditions and who is selected by an employment officer on a sampling basis.
2
The first condition is that on or after 26th April 2010 the claimant attends an appropriate office pursuant to a notification given or sent under regulation 23 (attendance) or 23A (attendance by members of a joint-claim couple) of the Jobseeker’s Allowance Regulations.
3
The second condition is that the claimant is taking part in Jobseeker’s Regime and Flexible New Deal Stage 3.
4
The third condition is that, as the result of an assessment by an employment officer that the claimant’s skills place the claimant at significant disadvantage in obtaining employment (including in a particular geographical area), the claimant’s action plan consists of, or includes, undertaking training.
5
The fourth condition is that an employment officer has given or sent a notice in writing to the claimant stating that, if the claimant fails to participate in the Skills Training Conditionality Pilot, the claimant’s jobseeker’s allowance could cease to be payable or could be payable at a lower rate.
Modification of the Jobseeker’s Allowance Regulations
4
The Jobseeker’s Allowance Regulations have effect in relation to a claimant to whom these Regulations apply as if —
a
in regulation 73(2A)(a) (good cause for the purposes of section 19(5)(b)) after “75(1)(b)(ii)” there were inserted “or (iv)”;
b
in regulation 75(1)(b) (interpretation) , at the end there were added —
iv
the Skills Training Conditionality Pilot (which has the meaning given in regulation 2 of the Jobseeker’s Allowance (Skills Training Conditionality Pilot) Regulations 2010).
.
Change of claimant’s address
5
1
These Regulations cease to apply to a claimant from the date on which the claimant changes address if, as a consequence of changing address, the claimant is notified under regulation 23 (attendance) or 23A (attendance by members of a joint-clam couple) of the Jobseeker’s Allowance Regulations that the claimant should attend at an office of the Department for Work and Pensions which is not an appropriate office for the purposes of these Regulations.
2
However, in a case where these Regulations cease to apply to a claimant from a particular date by virtue of paragraph (1), any relevant determination made before that date in relation to that person shall continue to have effect.
3
In paragraph (2), “relevant determination” means a determination that —
a
the claimant’s jobseeker’s allowance is not payable by virtue of section 19 (circumstances in which a jobseeker’s allowance is not payable) of the Jobseekers Act 1995, or
b
the claimant is subject to a sanction under section 20A (denial or reduction in joint-claim jobseeker’s allowance) of the Jobseekers Act 1995.
Signed by authority of the Secretary of State for Work and Pensions.
Jim Knight
Minister of State,
Department for Work and Pensions
8th March 2010


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Jersey) (Amendment) Regulations 2010 and shall come into force on 6th December 2010.
2
These Regulations extend to Jersey.
Amendment of regulation 9 of the Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010
2
1
Regulation 9 of the Police Act 1997 (Criminal Records and Registration) (Jersey) Regulations 2010 is amended as follows.
2
For sub-paragraph (a) substitute —
a
where information is held in relation to the applicant in the record of convictions and cautions held for the use of police forces generally, the police force in whose area the applicant currently resides;
.
3
For sub-paragraph (b) substitute —
b
where it appears to the Secretary of State that information is held by a police force in relation to the applicant other than in the record of convictions and cautions held for the use of police forces generally, the police force which appears to be holding that information;
.
4
For sub-paragraph (c) substitute —
c
where the application is made in relation to a prescribed purpose which is to be carried out primarily at the applicant’s place of residence, the police force in whose area the applicant currently resides;
.
5
Omit sub-paragraphs (d) to (i).
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
8th November 2010