type: legislation

jurisdiction: UK

text:
PART 1 GENERAL
Citation and commencement
1
1
This Order may be cited as the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) Order 2010.
2
This Order shall come into force on 6th April 2010.
Interpretation
2
In this Order —
“the AFPS 1975” means the occupational pension scheme set out in Schedule 1 to the: Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 , the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 and the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 ;
“active member” has the meaning given in section 124(1) of the Pensions Act 1995 and, except where the context otherwise requires, refers to membership of the AFPS 1975;
“additional adoption leave” means leave which, in the opinion of the Secretary of State, corresponds to additional adoption leave within the meaning of section 75B of the Employment Rights Act 1996 ;
“additional maternity leave” means leave which, in the opinion of the Secretary of State, corresponds to additional maternity leave within the meaning of section 73 of the Employment Rights Act 1996 ;
“basic pay” has the meaning given by article 3;
“commitment period”, in relation to a member of the armed forces, means the term of service for which a person is enlisted or commissioned;
“ordinary adoption leave” means leave which, in the opinion of the Secretary of State, corresponds to ordinary adoption leave within the meaning of section 75A of the Employment Rights Act 1996 ;
“ordinary maternity leave” means leave which, in the opinion of the Secretary of State, corresponds —
in relation to any period before 22nd August 1996, to leave under section 33 of the Employment Protection (Consolidation) Act 1978 ; and
in relation to any period on or after 22nd August 1996, to leave under section 71 of the Employment Rights Act 1996 ;
“paternity leave” means leave which, in the opinion of the Secretary of State, corresponds to paternity leave within the meaning of regulation 4 or 8 of the Paternity and Adoption Leave Regulations 2002 ;
“pay” means “basic pay” in the service that is ceasing for a person of the member’s rank and seniority as at the last day of that service (whether the rank is substantive or acting);
“pension codes” means the tri service pension codes that specify the rates of pension and rates of compensation for injury or death which are attributable to service as recommended by the Armed Forces Pay Review Body and approved annually by the Government;
“public debt” means any debt owed to a civilian authority in the United Kingdom or disallowance including any over issue or advance of pay, pension or other emoluments made through an error as to the facts; or the sum required to make good any loss, deficiency or irregular expenditure of public money, any deficiency, loss, damage or destruction of public stores, buildings or other public property of which, after full investigation, no explanation satisfactory to the Defence Council is given by the person who is responsible for the same;
“qualifying service” means the period of service which counts towards a person’s service for membership of the AFPS 1975, whether or not it counts for the purpose of calculating a pension under the AFPS 1975;
“reckonable service” means the period of service which may be counted for the purposes of calculating a pension under the AFPS 1975;
“service debt” means any debt owed to the armed forces or the sum required to make good any loss, deficiency or irregular expenditure of armed forces money of which after due investigation no explanation satisfactory to the Defence Council is given by the person who is responsible for the same.
Basic pay
3
“Basic pay” means —
a
pay for the member’s rank and seniority; and
b
any other amount if and to the extent that the Defence Council has determined that it is to be treated as basic pay; but
c
subject to paragraph (b) does not include —
i
any allowances;
ii
any additional amounts payable in respect of particular qualifications or duties, the location of service or the conditions in which service is temporarily performed;
iii
without prejudice to paragraphs (i) and (ii), any additional amounts payable to medical or dental officers; or
iv
any description of payment that the Defence Council has determined is not to be treated as basic pay.
PART 2 THE ARMED FORCES REDUNDANCY SCHEME
Interpretation of Part 2
4
1
The Scheme set out in this Part shall be known as the Armed Forces Redundancy Scheme 2010, (“the AFRS 2010”).
2
In this Part —
“annual pay” means the person’s annual rate of basic pay;
“long service commitment” has the meaning given in article 8(1);
“member” means a person who was eligible to join the AFPS 1975 but, in relation to the army, does not include a member of the Brigade of Gurkhas who is an active member of the Gurkha Pension Scheme , and references to service, in relation to service as a member of the armed forces, are to be read accordingly;
“one month’s pay” means the person’s annual pay divided by 12 and any reference to more than one month’s pay means that the figure for one month’s pay for that person is multiplied by the multiple (including fractions) of the months specified;
“redundancy reckonable service” is to be read in accordance with articles 6 and 7;
“short service commitment” has the meaning given in article 8(2).
Redundancy
5
In this Part a reference to being treated for the purposes of the AFRS 2010 as having become redundant includes selection for redundancy as part of a programme for the planned reduction of the armed forces.
Redundancy reckonable service
6
1
Subject to article 16, “redundancy reckonable service” in relation to a member of the armed forces, means, the aggregate of any period of service referred to in paragraphs (2) and (3), whether current or previous service, but excluding any period which occurs before the member reaches the age of 18.
2
The service mentioned in paragraph (1) is any period during which the member is —
a
in service and in receipt of basic pay;
b
on secondment to a different employment under an arrangement where the member is paid by that employer but the terms of secondment provide for the member to be an active member of the AFPS 1975 (or would have provided had the member been an active member of the AFPS 1975);
c
in receipt of statutory maternity pay;
d
in receipt of statutory adoption pay;
e
on ordinary adoption leave;
f
on ordinary maternity leave;
g
on paternity leave; or
h
on unpaid leave for a period which the Secretary of State has agreed beforehand can count for this purpose.
3
Where paragraph (4) applies, service includes any period during which the member is seconded to the United Nations, the North Atlantic Treaty Organisation, or any other arrangement with any other organisation or person under which a member may be seconded into other military service.
4
This paragraph applies where either conditions 1 or 2 are satisfied —
a
condition 1 is that the member (“A”) —
i
is an active member of the AFPS 1975 on the day before the secondment commences;
ii
resumes service in the armed forces at the end of the period of secondment and again becomes an active member of the AFPS 1975; and
iii
makes a single lump sum payment calculated in accordance with the rules set out in the AFPS 1975 following a secondment to an organisation referred to in paragraph (3) to increase reckonable service;
b
condition 2 is that the member (“B”) —
i
is entitled to be an active member of the AFPS 1975 on the day before the secondment commenced, but is not an active member;
ii
resumes service in the armed forces at the end of the period of secondment; and
iii
would be entitled to make a single lump sum payment to increase reckonable service by an additional period equal to the length of the secondment, had B been an active member of the AFPS 1975 prior to the commencement of the secondment.
5
In this article —
“current service” means service as a member of the armed forces which commenced on the date the member last became a member of the armed forces and continues without interruption until the day on which service in the armed forces terminates; and
“previous service” means any period of service as a member of the armed forces which terminated before current service began.
Redundancy reckonable service: supplemental
7
1
In this Part references to periods of “redundancy reckonable service” are to calculated in accordance with paragraphs (2) to (4).
2
Periods of redundancy reckonable service are to be calculated in complete years and days and, where it is necessary to aggregate such periods, the aggregation is to be done —
a
by reference to periods so expressed; and
b
on the assumption that there are 365 days in a complete year.
3
To determine years of redundancy reckonable service the days in excess of the period of whole years are converted into years by dividing the number of days by 365 and calculating the result to four decimal places.
4
If a period of redundancy reckonable service is less than one year —
a
paragraph (2) applies with the omission of the words “complete years and”; and
b
paragraph (3) applies with the omission of the words “in excess of the period of whole years”.
Commitment periods
8
1
A member of the armed forces (“L”) has a long service commitment if the length of L’s redundancy reckonable service (had such service in the armed forces lasted until the end of L’s commitment period) would have been —
a
where L is an officer —
i
at least 16 years after L reached the age of 21; or
ii
at least 18 years after L reached the age of 18;
b
where L is not an officer, at least 18 years after L reached the age of 18;
c
where L is not an officer, and (apart from the notification mentioned in article 9(4)) in respect of whom there is —
i
no evidence that L would not have been willing to engage for an extension of service in the armed forces so as to complete 22 years’ of redundancy reckonable service, and
ii
no evidence that L’s application for such an extension would have been refused,
at least 12 years.
2
A member of the armed forces (“S”) has a short service commitment if the length of S’s redundancy reckonable service (had such service lasted until the end of S’s commitment period) is less than a long service commitment under paragraph (1).
Eligibility for redundancy payments
9
1
A member of the armed forces is entitled to a payment under article 10 if conditions A to D are met.
2
Condition A is that the person’s service as a member of the armed forces began before 6th April 2005.
3
Condition B is that the person is not an excluded person.
4
Condition C is that the person has been notified by the Defence Council that they will be treated for the purposes of the AFRS 2010 as having become redundant.
5
Condition D is that the person’s service as a member of the armed forces ceases, in pursuance of a notification mentioned in paragraph (4), on a date after 6th April 2010.
6
In paragraph (3) “excluded person” means —
a
a person who is excluded by their terms and conditions of service from entitlement to payments under article 10, unless the Defence Council has agreed that they be treated as if those terms did not apply; or
b
a person who would be entitled to a payment in respect of a notification under the Armed Forces Redundancy Scheme 2006 had the notification referred to that Scheme.
Entitlement to redundancy payments for those eligible under article 9
10
1
A member of the armed forces who is eligible for a payment in accordance with article 9 (an “eligible person”) becomes entitled to a payment under this article when the eligible person ceases to be in service in the circumstances specified in article 9(5).
2
Subject to paragraph (4), an eligible person is entitled under this article to a lump sum payment calculated in accordance with articles 11 to 14.
3
The lump sum is payable before the expiry of the period of 3 months beginning with the day on which the eligible person ceases to be in service in the circumstances specified in article 9(5).
4
An eligible person is not entitled to a further lump sum under this article if —
a
a lump sum under this article has previously been received by the eligible person;
b
that lump sum would be liable to repayment under article 15; and
c
that lump sum has not been repaid before the time when the eligible person would otherwise become entitled to the further lump sum.
Amount of payment under article 10: leavers with long service commitments and insufficient redundancy reckonable service
11
1
Subject to articles 14 to 16, if —
a
a member of the armed forces (L1) has a long service commitment, and
b
upon ceasing service in the circumstances described in article 9(5), L1’s redundancy reckonable service is less than the relevant period of redundancy reckonable service specified in paragraph (2),
the amount to which L1 is entitled under article 10 is one-eighth of annual pay for each year of redundancy reckonable service.
2
The relevant period of redundancy reckonable service is —
a
where L1 is an officer —
i
16 years after L1 reached the age of 21; or
ii
18 years after L1 reached the age of 18; and
b
where L1 is not an officer, 18 years after L1 reached the age of 18.
Amount of payment under article 10: leavers with long service commitments and sufficient redundancy reckonable service
12
1
Subject to articles 14 to 16, if —
a
a member of the armed forces (“L2”) has a long service commitment, and
b
upon ceasing service in the circumstances described in article 9(5), L2’s redundancy reckonable service is at least the relevant period of redundancy reckonable service specified in paragraph (2),
the amount to which L2 is entitled under article 10 is calculated in accordance with paragraphs (3) to (5).
2
The relevant period of redundancy reckonable service is —
a
where L2 is an officer —
i
16 years after L2 reached the age of 21; or
ii
18 years after L2 reached the age of 18; and
b
where L2 is not an officer, at least 18 years after L2 reached the age of 18.
3
In paragraphs (4) and (5) —
a
“P” is the period after the time when service ceases in the circumstances described in article 9(5), for which L2 would have served, had L2 continued in the armed forces until the end of L2’s commitment period; and
b
that period shall be calculated in accordance with article 7, as if “P” were redundancy reckonable service.
4
Where L2 ceases service during the interim period the amount to which L2 is entitled under article 10 is —
a
where P is at least 3 years, 9 months’ pay;
b
where P is at least 2 years but less than 3 years, 6 months’ pay;
c
where P is at least 1 year but less than 2 years, 3 months’ pay; and
d
where P is less than 1 year, one-twelfth of 3 months’ pay for each complete month the commitment is shortened.
5
Where L2 ceases service after the interim period, the amount to which L2 is entitled under article 10 is —
a
where P is at least 1 year, 3 months’ pay; and
b
where P is less than 1 year, one-twelfth of 3 months’ pay for each complete month the commitment is shortened.
6
In this article “the interim period” means the period beginning on 6th April 2010 and ending with 31st March 2013.
Amount of payment under article 10: leavers with short service commitments
13
Subject to articles 14 to 16, the amount payable under article 10 in the case of a member of the armed forces ceasing service in the circumstances described in article 9(5) who has a short service commitment (“S”) is the lower of —
a
one-eighth of annual pay for each year of S’s redundancy reckonable service; and
b
the sum of —
i
one-eighth of annual pay for each year that S would have served (after the time when S ceases service) had S continued to serve until the end of S’s commitment period; and
ii
one-eighth of annual pay.
Limit on article 10 payment where leaver has full AFPS 1975 entitlement
14
1
If a member of the armed forces who is entitled to a payment under article 10 —
a
is entitled to a maximum pension under the AFPS 1975 when that person’s service ceases, or
b
would be so entitled if the person were an active member of the AFPS 1975 in relation to the service that is ceasing,
the amount of the lump sum payable under article 10 must not exceed 6 months’ pay.
2
In this article “maximum pension”, in relation to any person, means a pension calculated by reference to the highest number of years of reckonable service that may be used in that calculation.
Effect of rejoining armed forces or entering certain reserve forces service
15
1
This article applies where a person to whom a payment is made under article 10 —
a
enters service as a member of the armed forces again otherwise than as a result of his being recalled for service under the Reserve Forces Act 1980 or Part 7 of the Reserve Forces Act 1996 ,
b
enters full-time service as a result of a commitment under section 24 of the Reserve Forces Act 1996 (commitment to a period of full-time service), or
c
enters service as a result of a commitment under section 25 of that Act (commitment to additional duties),
and, in this article, that service is referred to as “the new service”.
2
Where —
a
a person enters new service, and
b
the service break is less than the relevant period,
the person shall repay the relevant fraction of the payment received under article 10.
3
In this article —
“the service break” means the number of days beginning with the day when the person becomes entitled to the payment under article 10 and ending with the day before the new service begins;
“the relevant period” is deemed to be a number of days calculated as follows —
P x 365
F R E
Where —
P is the amount of the payment received under article 10; and
FRE is the person’s annual pay by reference to which the person’s payment was calculated;
“the relevant fraction” means —
R P − S B
¯
R P
Where —
RP is the relevant period; and
SB is the service break.
Effect of award under article 10 on later award
16
1
This article applies if —
a
a payment is made to a person under article 10 on ceasing to be in service in the circumstances described in article 9(5) (“the old service”); and
b
that person enters service as a member of the armed forces again (“the new service”).
2
In determining the amount of any payment to which the person is entitled under article 10 when the new service ceases, the redundancy reckonable service the person was entitled to count when his old service ceased is ignored.
PART 3 THE ARMED FORCES GRATUITY EARNINGS SCHEME 2010
Payments to persons serving on gratuity earning terms
17
1
The Scheme set out in this Part shall be known as the Armed Forces Gratuity Earnings Scheme 2010.
2
A person serving in the armed forces and eligible for the payment of a gratuity on leaving service is entitled to a lump sum payment.
3
A person is eligible for a lump sum payment under paragraph (2) if that person —
a
is not eligible to join the AFPS 1975 or the Armed Forces Pension Scheme 2005 (AFPS 2005);
b
has completed at least one year in service; and
c
in the opinion of the Defence Council has completed that service to a satisfactory level.
4
Any gratuity payable under this article shall be calculated in accordance with article 18(1).
5
Subject to paragraph (6), where a person entitled to a gratuity payment under paragraph (2) continues to serve in the armed forces after the commitment period, payment of the gratuity shall be deferred until the end of any further service.
6
Where paragraph (5) applies, a person may forgo the lump sum payable under paragraph (2) and opt instead to transfer any qualifying and reckonable service during the commitment period into the AFPS 2005 or any scheme set out in regulations under the Reserve Forces Act 1996 .
7
The option to transfer service under paragraph (6) must be exercised before the commitment period ends.
8
Where a person in receipt of a gratuity rejoins service, in respect of which a pension is payable within 5 years of the commitment period coming to an end, the gratuity may be converted into pension under paragraph (6), if it is repaid within 12 months of rejoining.
Calculating gratuity payment
18
1
Subject to articles 19 and 22, the gratuity payable under article 17(2), “the appropriate amount” is calculated in accordance with the following formula —
CY + AD × GR
Where —
CY is complete years’ service;
AD is any additional days calculated at a rate of 1/365th for each day served; and
GR is the relevant gratuity rate as set out in the pension codes.
2
In paragraph (1), “relevant gratuity rate” means, as the case may be, the rate set out for —
a
a veterinary officer;
b
a medical or dental officer;
c
a cadet or person who is not a registered medical or dental practitioner; or
d
any other person.
Authorised abatements from gratuity payment
19
1
Subject to article 22, any gratuity payable to a medical or dental officer —
a
whose professional training has been completed with assistance under cadetship schemes for the entry of student doctors and student dentists, and
b
who fails to complete the commitment period after registering as a doctor or dentist with the General Medical Council or the General Dental Council of the United Kingdom,
shall be abated by a sum equivalent to the net amount of the education grant expended on tuition and maintenance during the period of training.
2
Any public or service debt outstanding at the time of payment of a gratuity under article 17(2) may be abated prior to payment, subject to restrictions imposed by the Pensions Act 1995 .
Impact of service on gratuity payment
20
1
Where a person ceases to serve before the end of the commitment period the Defence Council may substitute the commitment period for the number of complete years’ service in article 18(1).
2
Where a person’s service is terminated prior to the commitment period on account of unsatisfactory service, including misconduct, the Defence Council may award a gratuity at a rate not exceeding that for which the person could have been considered if they had been permitted to terminate service voluntarily.
3
Where a person has completed service under the commitment period, but this service is considered by the Defence Council to be unsatisfactory, the Defence Council may withhold the whole or part of the gratuity due.
Maternity, adoption and paternity leave
21
1
When calculating service for the payment of a gratuity under article 17(2) —
a
any period of paid ordinary maternity leave, ordinary adoption leave or paternity leave whether at the statutory minimum, reduced or full pay rate, will count as both qualifying and reckonable service;
b
if, more than six months before expiry of the commitment period and as a result of pregnancy or the adoption of a child, a person decides to retire or fails to complete the commission after pre-natal leave, ordinary maternity leave, additional maternity leave, ordinary adoption leave or additional adoption leave, the gratuity payment will be calculated pro rata.
2
In paragraph (1)(b), “pre-natal leave” means unpaid leave that is taken prior to the birth of a child.
Death in service gratuity payment
22
1
Where a person to whom a lump sum would have been payable under article 17(2) dies in service the lump sum will be paid as follows —
a
if the person leaves a surviving spouse, civil partner or eligible partner the gratuity shall be paid to that person;
b
if the person leaves no surviving spouse, civil partner or eligible partner, the gratuity may be divided equally among any eligible children;
c
if the person leaves no surviving spouse, civil partner or eligible partner, nor any eligible children, the Secretary of State may pay a lump sum to that person’s personal representatives.
2
Any lump sum payable under paragraph (1) shall not be subject to any deductions under article 19(1).
3
Where the deceased is not a member of the chaplaincy services, the Director General of the Naval Chaplaincy Services, the Chaplain General or the Chaplain in Chief ( RAF ), the lump sum payable under this article is —
a
equal to three times the representative rate of pay based on the number of whole years served under the AFPS 1975; or
b
if greater, the amount of gratuity the deceased would have received had the deceased been invalided at the date of death.
4
Where the deceased is a member of the chaplaincy services, the Director General of the Naval Chaplaincy Services, the Chaplain General, or the Chaplain in Chief (RAF), the deceased is deemed to have held the rank of lieutenant commander, major or squadron leader, for the purposes of calculating the representative rate for the lump sum.
Surviving eligible partner
23
A person is to be regarded as a surviving eligible partner of the deceased if the deceased left no surviving spouse or civil partner, but the person satisfies the Defence Council that at the time of the deceased’s death —
a
their relationship was exclusive, committed and long term;
b
their relationship was substantial;
c
they were not prevented from (as the case may be) marrying or forming a civil partnership; and
d
either the person was financially dependent on the deceased or they were financially interdependent.
Death in service short term pension
24
1
If a person dies in service with an entitlement to a gratuity under article 22 leaving a surviving spouse, civil partner or any eligible children, a short term pension shall be paid as follows —
a
in the case of a surviving spouse or civil partner with no dependent eligible children in his or her care, an amount equal to 91 days of pay;
b
in the case of a surviving spouse or civil partner with one dependent eligible child in his or her care, an amount equal to 182 days of pay;
c
in the case of a surviving spouse or civil partner with two or more dependent eligible children in his or her care, an amount equal to 273 days of pay.
2
If a person dies in service with an entitlement to a gratuity under article 22 leaving any eligible children in the care of a person other than a surviving spouse or civil partner, a short term pension may also be paid as follows —
a
in the case of one eligible child in the care of another person, an amount equal to 91 days of pay; and
b
in the case of two or more eligible children in the care of another person, an amount equal to 182 days of pay.
3
Any persons irrespective of number, who qualify under the terms of paragraphs (1) or (2), shall be awarded a short term pension for the specified period.
Eligible child
25
1
An eligible child for the purposes of any payments under articles 22 and 24, is any child who meets one of the conditions under paragraphs (2) to (9) and any of Conditions A to C in paragraphs (11) to (13).
2
The first condition is that the child is a legitimate child of the deceased where the deceased was married to or in a civil partnership with the child’s other parent before the death of the deceased.
3
The second condition is that the child is an illegitimate child of the deceased born before or within 9 months of the deceased’s death who was mainly dependent on the deceased at the time of the deceased’s death.
4
The third condition is that the child is an illegitimate child of —
a
the deceased’s spouse, or
b
the deceased’s civil partner,
who was born before or within 9 months of the deceased’s death and who was or would have been mainly dependent on the deceased and who meets the condition in paragraph (10).
5
The fourth condition is that the child is an adopted child of the deceased where the deceased was married to or had formed a civil partnership with the child’s other adoptive parent.
6
The fifth condition is that the child is an adopted child of the deceased, or the Defence Council is satisfied that the deceased had previously formed an intention to adopt the child before the deceased’s death, and the child was mainly dependent on the deceased at the date of the deceased’s death and meets the condition in paragraph 10.
7
The sixth condition is that the child is a step-child of the deceased where the natural or adoptive parent of the child was married to the deceased or was the deceased’s civil partner at the time of the deceased’s death and where the child was mainly dependent on the deceased at the date of death and meets the condition in paragraph (10).
8
The seventh condition is that the child is a grandchild of a person where the Defence Council considers that the child has been abandoned by its parents or the parents have died, where the child was mainly dependent on the deceased at the date of the deceased’s death and meets the condition in paragraph (10).
9
The eighth condition is that the child is a child of the natural or adoptive parent, or a step child of a person who was the deceased’s eligible partner before the deceased’s death and where the child was mainly dependent on the deceased at the date of death and meets the condition in paragraph (10).
10
The condition referred to in paragraphs (4), (6), (7), (8) and (9) is that the child was financially dependent on the deceased at the date of the deceased’s death or would have been had it been born before the death.
11
Condition A is that the child is aged under 17.
12
Condition B is that the child will not be eligible for payments under articles 22 or 24 unless the child is aged under 23 and is —
a
in full time secondary education;
b
in full time further education that started immediately after ceasing full time secondary education; or
c
undertaking full-time vocational training which in the opinion of the Defence Council is unpaid or substantially unpaid.
13
Condition C is that the person (who may be aged over 18), was dependent on the deceased at the date of the deceased’s death because of physical or mental impairment and in the opinion of the Defence Council is incapable of earning a living.
14
For the purposes of Condition B, a child who takes a break not exceeding 15 months between concluding secondary education and beginning full-time further education or vocational training is assumed to be continuing in such education or training during the break.
15
Paragraph (14) does not apply at any time when the child’s health is such that it is reasonable to assume that the child will not be capable of undertaking any further education or training.
16
Nothing in paragraph (14) requires a child’s compensation to be paid during the break.
17
Any payments due to an eligible child under the age of 18 may be paid to the surviving spouse, civil partner or eligible partner of the deceased, or mother or father of the child, or other person responsible for the child’s maintenance, or the child direct as may be decided by the Defence Council.
18
Any payments due in relation to an eligible child under paragraph (13) may be made to a person at the discretion of the Defence Council.
Commuting service for teachers’ or NHS pension
26
A person serving under a short service commission who qualifies and opts for their service to be commuted as reckonable service under the Superannuation Act 1972 or the Superannuation (Northern Ireland) Order 1972 will be responsible for the payment of both employer and employee contributions direct to the parent superannuation scheme as they fall due.
PART 4 THE ARMED FORCES RESETTLEMENT COMMUTATION SCHEME 2010
Interpretation of Part 4
27
1
The Scheme set out in this Part shall be known as the Armed Forces Resettlement Commutation Scheme 2010 (“the AFRCS 2010 ”).
2
In this Part —
“ill-health pension” means service invaliding retired pay or pension under the AFPS 1975;
“the life commutation scheme” is set out in rule J.7 of the AFPS 1975;
“the Scheme actuary” means the actuary appointed by or on behalf of the Defence Council to provide a consulting service on actuarial matters relevant to the AFRCS 2010.
Application
28
The AFRCS 2010 applies to persons serving in the armed forces before 6th April 2005, with an immediate entitlement to pension other than ill health pension, whose service ends on or after 6th April 2010.
Resettlement Commutation
29
1
A person may commute part of their pension, with restoration in full at age 55, to obtain an additional lump sum, subject to the following conditions —
a
they gave service on or after 31st March 1978;
b
they ceased to be in service with an immediate entitlement to pension other than ill health pension before the age of 55 years; and
c
in the opinion of the Defence Council their health on leaving service is satisfactory.
2
Commutation under both the life commutation scheme and the AFRCS 2010 is not permitted, except as stated under article 30(4).
3
Subject to paragraph (4), the option to commute under the AFRCS 2010 may only be exercised once and must be exercised on or before the last day of service.
4
Commutation will not be permitted where an officer has applied to rejoin the armed forces .
Factors affecting the amount of commutable pension
30
1
Subject to article 32, the maximum lump sum which can be commuted by a person shall be the difference between the lump sum awarded on leaving service and —
a
in the case of officers, the 34 year rate, and
b
in the case of someone who is not an officer, the 37 year rate,
set out in the pension codes at the date service ends.
2
Any supplements paid to a person shall be included when calculating resettlement commutation and pension.
3
Commutation under the AFRCS 2010 shall not be permitted to reduce the basic rate of pension by more than half for any person.
4
Subject to paragraph (3), where a person who is not an officer can raise less than £1000 under the AFRCS 2010, they may commute concurrently under the life commutation scheme to provide a combined sum of up to £1000 provided that the sum taken under the AFRCS 2010 is the maximum available.
5
The following awards are not commutable —
a
ill-health pension;
b
any proportion of pension based on purchased added years or additional voluntary contributions of any kind; and
c
preserved awards.
6
The amount of pension to be temporarily waived to secure a capital sum will be determined by the Scheme actuary.
7
In paragraph (5)(c), “preserved awards” refers to the preserved pension of a person who leaves service without being immediately entitled to a pension.
Repayment of resettlement commutation and abatement
31
1
Where a person leaves the armed forces with an immediate entitlement to pension, (“the old service”) and later rejoins (“the new service”), that person’s pay under the new service, combined with the existing pension in respect of their old service, shall not exceed the rate of pay (uprated for inflation), on the day before their old service ended.
2
If the pay under the new service and existing pension exceeds pay in the old service, the difference shall be deducted from pension.
3
Where a person leaves the armed forces having taken a lump sum under the AFRCS 2010, that person shall commence repayment of the lump sum with immediate effect.
4
Where a person having taken resettlement commutation later rejoins the armed forces in a post where the pay in the new service combined with existing pension exceeds pay in the old service, the difference shall be repaid in accordance with paragraph (2) and the repayment due in relation to the resettlement commutation sum shall be deducted from that revised sum.
5
Any deductions under paragraphs (2) and (4) shall be made from pension, with any shortfall immediately repayable.
Misconduct
32
Where a person’s service ends by reason of misconduct, the amount payable as set out in the pension codes is —
a
in the case of officers, the difference between the lump sum for length of service based on the 34 year rate for premature voluntary retirement; and
b
in the case of persons other than officers, the difference between the lump sum for length of service relating to misconduct and the 37 year rate.
PART 5 THE ARMED FORCES RESETTLEMENT GRANTS SCHEME 2010
Interpretation of Part 5
33
1
The Scheme set out in this Part shall be known as the Armed Forces Resettlement Grants Scheme 2010 (“the AFRGS 2010 ”).
2
In this Part —
“opted-out” refers to a person who is an active member of the AFPS 1975 on the day on which this Order comes into force and later ceases to be such a member whilst remaining eligible to be such a member;
“special forces” means the Special Air Service, the Special Boat Service and the Special Reconnaissance and Surveillance Unit.
Application
34
The AFRGS 2010 applies to persons serving in the armed forces before 6th April 2005 in the circumstances set out in this Part.
Entitlement to resettlement grants
35
1
A person who ceases to be in service as a member of the armed forces is entitled to a lump sum payment if the person —
a
is an active member of the AFPS 1975 or has opted-out;
b
has the relevant years of reckonable service in the AFPS 1975;
c
is not entitled to the immediate payment of a pension under the AFPS 1975; and
d
either —
i
has not previously received a payment under the AFRGS 2010; or
ii
has made a repayment in respect of a payment previously received in sub-paragraph (i).
2
For the purposes of paragraph (1)(b), the “relevant years of reckonable service” —
a
in the case of a person who on ceasing service has held the rank of an officer for at least 2 years, is 9 years after reaching the age of 21; and
b
in the case of a person who is not an officer on ceasing service, is 12 years after reaching the age of 18.
3
Any payment due under paragraph (1) may be —
a
withheld on the ground of misconduct;
b
withheld or reduced where, in the opinion of the Defence Council, service has not been satisfactory; and
c
reduced to meet a public or service debt.
4
Where paragraph (1)(d)(i) applies, the lump sum payable is calculated in accordance with the rates as set out in the pension codes which vary according to whether —
a
the person has held their rank for at least 2 years; and
b
the person is a member of the special forces.
5
Where paragraph (1)(d)(ii) applies, the lump sum payable to a person following further service shall not exceed the proportion previously repaid.
Obligation to repay resettlement grant on rejoining armed forces or entering certain reserve forces service
36
1
Where a person receives a payment under article 35 and within a period of 121 days beginning with the date on which service ceases, rejoins the armed forces other than as a result of being recalled for service under the Reserve Forces Act 1980 or Part 7 of the Reserve Forces Act 1996 , the person must repay the relevant fraction of the amount paid.
2
Subject to paragraph (1) no refund is payable where the break in service is more than 121 days.
3
Where a person receives a payment under article 35 and within a period of 30 days beginning with the date on which the person’s service ceases, rejoins service as a result of a commitment under section 24 (commitment to a period of full-time service), or section 25 (commitment to additional duties) of the Reserve Forces Act 1996, the person must repay the full amount.
4
Subject to paragraph (3) no repayment is required where the break in service is at least 30 days.
5
In this article —
“the relevant fraction” is calculated in accordance with the following formula —
{
1 −
a
121
} × Resettlement Grant
where
a
“ a ” is the break in service; and
6
the numerator is the number of days falling short of 121, beginning with the day after the person ceased to be in service and ending with the day before the person rejoins service.
PART 6 TRANSITIONAL PROVISIONS
Transitional Provisions for Part 4
37
1
In this article, “the corresponding provisions” means —
a
the Naval and Marine (Resettlement Commutation Scheme) Order 2009 , paragraphs 1 to 13;
b
the Army (Resettlement Commutation) Warrant 2009 , Parts 2 and 3; and
c
the Queen’s Regulations for the Royal Air Force Chapter 49 regulations 3285 to 3287.
2
In article 31, reference to a “lump sum under the AFRCS 2010” in paragraph (3) and to a “resettlement commutation” in paragraph (4) shall include a resettlement commutation paid under the corresponding provisions.
Transitional Provisions for Part 5
38
1
In this article, “the corresponding provisions” means —
a
the Naval and Marine Pay and Pensions (Non Effective Benefits and Family Pensions) Order 2009 ; Schedule 13 Section 3 paragraphs 13 to 18 and Schedule 15 paragraph 17;
b
the Army Pensions Warrant 1977 articles 67 to 70, 167A – 167C and 436; and
c
the Queen’s Regulations for the Royal Air Force , Chapter 40 regulation 3063 and Chapter 47 regulation 3267.
2
In article 35, reference in paragraph (1)(d)(i) to “a payment under the AFRGS 2010” or to “a repayment” in paragraph (1)(d)(ii) shall include a payment or repayment under the corresponding provisions.
3
In article 36(1) and (3), references to “a payment under article 35” include a payment under the corresponding provisions.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
17th February 2010


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 2010 and shall come into force on 11th November 2010.
2
The armorial bearings which, immediately before 1st April 1974, were lawfully borne and used by the local authority named in column (1) of the following Table may be borne and used by the corresponding local authority named in column (2) of the Table, provided they have first been exemplified according to the laws of arms and recorded in the College of Arms —
Table
(1) (2)
The corporation of the Borough of Morpeth Morpeth Town Council The corporation of the Borough of Newark Newark Town Council Barnard Castle Urban District Council Barnard Castle Town Council
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Registered Pension Schemes etc (Information) (Prescribed Descriptions of Persons) Regulations 2010 and shall come into force on 1st April 2010.
2
In these Regulations, “the description” means the prescribed description of person for the purposes of sub-paragraph (8) of paragraph 34B of Schedule 36 to the Finance Act 2008 (information and inspection powers: registered pension schemes etc).
Prescribed descriptions of persons: registered pension schemes
2
1
In relation to a registered pension scheme, the descriptions are —
a
any person who is, or at any time during the relevant period has been, the scheme administrator;
b
any person who is, or at any time during the relevant period has been, a trustee of the scheme;
c
any person who is, or at any time during the relevant period has been, a sponsoring employer in relation to the scheme; and
d
any person who receives a notice under paragraph 5 of Schedule 36 to the Finance Act 2008 which requires information or the production of a document for the purposes of identifying the scheme administrator.
2
The relevant period is the period which —
a
begins with the time the event in relation to which information is required by the third party notice or notice under paragraph 5 of Schedule 36 to the Finance Act 2008 occurred; and
b
ends with the end of the sixth tax year following the one in which that event occurred.
3
“Sponsoring employer” has the meaning given by subsection (6) of section 150 of the Finance Act 2004 .
Prescribed description of persons: annuities purchased with pension scheme assets
3
1
In relation to an annuity purchased with sums or assets held for the purposes of a registered pension scheme or a pre-2006 pension scheme, the description is the insurance company or other person from whom the annuity has been purchased.
2
“Insurance company” has the meaning given by section 275 of the Finance Act 2004.
Prescribed descriptions of persons: employer-financed retirement benefit schemes
4
1
In relation to the coming into operation of an employer-financed retirement benefits scheme, the description is the responsible person at the time the scheme comes into operation.
2
In relation to the provision of relevant benefits under an employer-financed retirement benefits scheme, the description is the responsible person at the time the third party notice or notice under paragraph 5 of Schedule 36 to the Finance Act 2008 is issued.
3
In relation to either the coming into operation of or the provision of relevant benefits under an employer-financed retirement benefits scheme, the description is also any person who receives a notice under paragraph 5 of Schedule 36 to the Finance Act 2008 which requires information or the production of a document for the purposes of identifying the responsible person.
4
A scheme comes into operation on the earlier of —
a
the first date on or after the coming into force of these Regulations on which an employer makes a contribution to the scheme; and
b
the first date on or after the coming into force of these Regulations on which relevant benefits are provided.
5
“Relevant benefits” has the meaning given by section 393B of the Income Tax (Earnings and Pensions) Act 2003 .
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th March 2010


text:
Citation
1
This Order may be cited as the Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) (Amendment) Order 2010.
Amendment of the Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008
2
1
The Charities Act 2006 (Commencement No. 5, Transitional and Transitory Provisions and Savings) Order 2008 is amended as follows.
2
In Articles 1, 6, 11, 19, 24 and 26 for “1st September 2010”, in each place, substitute “1st September 2011”.
Nick Hurd
Parliamentary Secretary
Cabinet Office
26th July 2010


text:
Citation
1
This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 13) Order 2010.
Commencement
2
The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 1st February 2010 —
a
section 48 (Commissioner for Victims and Witnesses), section 49 (general functions of Commissioner) and section 50 (advice) ;
b
section 51 (restrictions on exercise of functions);
c
section 52 (“victims” and “witnesses”);
d
section 53 and Schedule 9 (authorities within Commissioner’s remit) ; and
e
section 54 (disclosure of information), so far as it is not already in force .
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
25th January 2010


text:
1
This Scheme may be cited as the M5 Motorway (Junction 30 Sandy Gate Section) Connecting Road Scheme 2010 and shall come into force on 3rd November 2010.
2
In this Scheme:
“the 1972 Scheme ” means The M5 Motorway (Poltimore to Sandy Gate Section) and Connecting Roads Scheme 1972
“the deposited plan” means the plan folio numbered HA11/1 CSW 8, marked “M5 Motorway (Poltimore - Sandy Gate Section) and Connecting Roads Scheme 1972”, containing 1 map signed by the authority of the Secretary of State;
“the plan” means the plan numbered HA/16/NDD/003 marked “The M5 Motorway (Junction 30 Sandy Gate Section) Connecting Road Scheme 2010”, signed by authority of the Secretary of State and deposited at Deposited Document Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, Sedlescombe Road North, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
3
The 1972 Scheme was made by the Secretary of State and describes special roads in the County of Devon. These special roads include a route which connects the northbound carriageway of the M5 motorway with a roundabout at Junction 30 (Sandy Gate) and is given the reference letter G on the deposited plan. The Secretary of State has decided to vary the scheme made under the 1972 Scheme in accordance with this Scheme.
4
Notwithstanding the 1972 Scheme, a section of northbound on-slip road starting at a point 5 metres (5.5 yards) north of the interface with the Sandy Gate Roundabout, at Junction 30 of the M5 motorway, and ending after 35 metres (38.3 yards) running from east to west (all of which is indicated by the reference letter A on the plan) shall cease to be special road but will remain trunk road .
Signed by authority of the Secretary of State for Transport
Graham Bowskill
Divisional Director
Highways Agency
15th October 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2010 and come into force on 6th April 2010.
2
In these Regulations —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine, whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations;
“original approval” does not include an amendment of an approval; and
“working days” does not include weekends or public holidays.
3
Any reference in these Regulations to the renewal of an approval, explosives certificate, licence or registration (each referred to in this paragraph as an “authorisation”) means the granting of the authorisation concerned to follow a previous authorisation of the same kind without any amendment or gap in time.
Fees payable under the mines and quarries provisions
2
1
A fee is payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part 1 of Schedule 1 is respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee is payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part 2 of Schedule 1, the fee is that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee is as set out in Part 3 of Schedule 1 (that is to say, the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
3
1
A fee is payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 2 is that specified in the corresponding entry in column 2 of that Schedule.
Fees for application for approval under the Freight Containers (Safety Convention) Regulations 1984
4
1
A fee is payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on each application for the approval described in column 1 of Schedule 3 is that specified in column 2 of that Schedule.
Fees for various applications under the Control of Asbestos Regulations 2006
5
1
A fee is payable by the applicant to the Executive on each application for a licence under the Control of Asbestos Regulations 2006 (“the 2006 Regulations ”).
2
The fee payable on application for a licence described in column 1 of Table 1 in Schedule 4 is that specified in column 2 of that Table.
3
Where the Executive refuses to grant an applicant a licence under the 2006 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee is payable by the applicant to the Executive in respect of any such reassessment.
4
The fee payable for the reassessment referred to in paragraph (3) is that specified in column 1 of Table 2 in Schedule 4.
5
Where the Executive amends a licence granted under the 2006 Regulations and the amendment relates to a condition or the duration of the licence, a fee is payable to the Executive by the licensee.
6
The fee payable under paragraph (5) is that specified in column 2 of Table 2 in Schedule 4.
7
Where the Executive replaces a lost licence granted under the 2006 Regulations or amends a licence granted under those Regulations for reasons other than those referred to in paragraph (5), a fee is payable to the Executive by the licensee.
8
The fee payable under paragraph (7) is that specified in column 3 of Table 2 in Schedule 4.
Fees for examination or surveillance by an employment medical adviser
6
1
A fee is payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of that employer’s employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 5.
2
The fee payable under paragraph (1) is a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 5 —
a
the basic fee is the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays is the amount specified in column 4 of that Schedule for that provision, and covers all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests is the amount specified in column 5 of that Schedule for that provision, and covers all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos Regulations 2006, that self-employed person must pay fees to the Executive ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002
7
1
A fee is payable to the Executive by an employer in respect of medical surveillance of any of that employer’s employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002 .
2
The fee payable for each item described in column 1 of Schedule 6 is that specified in the corresponding entry in column 2 of that Schedule.
Fees payable in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
8
1
A fee is payable by the applicant to the Executive on each application for —
a
an original approval of dosimetry services granted for the purposes of the 1999 Regulations ;
b
the reassessment of an original approval of dosimetry services previously granted for the purposes of the 1999 Regulations; or
c
the amendment of an original approval granted for the purposes of the 1999 Regulations and amended pursuant to section 11(1) of the 1974 Act.
2
A fee is payable by the applicant to the Executive on each application for an original type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations or for an amendment of an original type approval amended pursuant to section 11(1) of the 1974 Act.
3
The fee payable for an original approval, reassessment of an original approval or amendment of an original approval referred to in paragraph (1), and for an original type approval or amendment of an original type approval referred to in paragraph (2) in respect of each matter described in column 1 of Table 1 in Schedule 7, is that specified in the corresponding entry in column 2 and column 3 of that Table.
4
A fee is payable by the applicant to the Executive on each application for —
a
an original approval of dosimetry services for the purposes of regulation 14 of the 2001 Regulations ;
b
the reassessment of an original approval of dosimetry services previously granted for the purposes of regulation 14 of the 2001 Regulations; or
c
the amendment of an original approval granted for the purposes of regulation 14 of the 2001 Regulations and amended pursuant to section 11(1) of the 1974 Act.
5
The fee payable for an application referred to in paragraph (4) for each purpose specified in column 1 of Table 2 in Schedule 7 is that specified in column 2 of that Table.
6
A fee is payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1), (2) or (4), and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 in Schedule 7 is that specified in the corresponding entry in column 3 of those Tables for each hour worked adjusted pro rata for a period worked of less than one hour.
7
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee is payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
8
Any fee payable under paragraph (6) or (7) is payable prior to notification of the result of the application.
9
A fee is payable by an employer to the Executive for each dose record sent by or on behalf of that employer pursuant to regulation 21(3)(e) of the 1999 Regulations, in the amount set out in column 2 of Table 3 in Schedule 7 for the work carried out by or on behalf of the Executive by virtue of the provisions set out in column 1 of that Table and for the purposes specified in column 3 of that Table.
10
For the purposes of this regulation and Schedule 7 only —
“the 1999 Regulations” means the Ionising Radiations Regulations 1999 ;
“the 2001 Regulations” means the Radiation (Emergency Preparedness and Public Information) Regulations 2001 ;
“amendment of an original approval” in Table 1 and Table 2 of Schedule 7 includes the issue of a new approval replacing the original and incorporating the amendments; and
“processing” in Table 3 in Schedule 7 means obtaining, recording or holding the information or carrying out any operation or set of operations on that information, including —
organisation, adaptation or alteration of the information;
retrieval or consultation of the information; and
disclosure by transmission, dissemination or otherwise making available the information, in whatever format.
Fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
9
1
Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made to the Executive, where it is the licensing authority by virtue of paragraphs 1(b) or (c) or 2 of Schedule 1 to the 2005 Regulations , for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to the Executive.
2
In the case of an application referred to in column 2 of Part 1 of Schedule 8 for a licence to manufacture ammonium nitrate blasting intermediate or to vary any such licence, the fee referred to in the corresponding entry in column 3 of that Part as an amount per hour worked —
a
is to be adjusted pro rata for a period worked of less than one hour; and
b
is payable prior to notification of the result of the application.
3
Where any application in relation to a provision specified in column 1 of Part 2 of Schedule 8 is made to a licensing authority, which is the licensing authority by virtue of paragraph 1(a) of Schedule 1 to the 2005 Regulations, for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.
4
Where an application in relation to the provision specified in column 1 of Part 3 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to the Executive.
5
The fee payable under each provision specified in column 1 of Part 4 of Schedule 8 for the purpose described in the corresponding entry in column 2 is that specified in the corresponding entry in column 3 of that Part.
6
A fee is payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (4) for any purpose specified in column 2 of each of Parts 1 and 3 of Schedule 8 for which there is a corresponding entry in column 4 of the respective Part, and the fee for work in connection with each such purpose is that specified in the corresponding entry in column 4 of that Part for each hour worked adjusted pro rata for a period worked of less than one hour, and such fee is payable prior to notification of the result of the application.
7
A fee is payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8.
8
The fee for an application for each purpose specified in column 1 of each of Parts 5, 6 and 7 of Schedule 8 —
a
is that specified in the corresponding entry in column 2 in the respective Part; and
b
is payable on making the application, save that where in column 2 of Part 7 a part of the fee is determined as an amount per hour worked, that part is payable prior to notification of the result of the application and is to be adjusted pro rata for a period worked of less than one hour.
9
A fee is payable by the applicant to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (7) for any purpose specified in column 1 of each of Parts 5 and 6 of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose is that specified in the corresponding entry in column 3 of that Part for each hour worked adjusted pro rata for a period worked of less than one hour, and such fee is payable prior to notification of the result of the application.
10
A fee is payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part 8 of Schedule 8, and the fee for testing in connection with each such purpose is the reasonable cost to the Executive of having the work carried out and such fee is payable prior to notification of the result of the application.
11
Where any application in relation to the provision specified in column 1 in Table 1 in Part 9 of Schedule 8 is made for a purpose specified in column 2 of that Table, the fee specified in the corresponding entry in column 3 of that Table is payable by the applicant to the chief officer of police.
12
Where, in relation to an application for an explosives certificate under the 1991 Regulations , a check is carried out for the purposes of regulation 4(6)(d) of those Regulations to ascertain whether the applicant is a prohibited person or not, a fee is payable by the applicant to the chief officer of police and the fee, which is payable prior to that check being carried out, is that specified in Table 2 in Part 9 of Schedule 8.
13
Parts 2, 4 and 9 of Schedule 8 have effect subject to, respectively, the Notes to Parts 2, 4 and 9.
14
For the purposes of this regulation and Schedule 8 —
“the 1968 Act ” means the Firearms Act 1968 ;
“the 1991 Regulations” means the Control of Explosives Regulations 1991 ;
“the 2005 Regulations” means the Manufacture and Storage of Explosives Regulations 2005 ;
“ammonium nitrate blasting intermediate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “registration”, “shooters’ powder” and “site” have the same meanings as in the 2005 Regulations;
“chief officer of police”, “explosives certificate” and “prohibited person” have the same meanings as in the 1991 Regulations;
“firearm certificate”, “firearms dealer” and “shot gun certificate” have the same meanings as in the 1968 Act;
“firearms dealer certificate” means a certificate granted or caused to be granted under section 33(4) of the 1968 Act to a person who is registered as a firearms dealer under that section;
“relevant application under the 1968 Act” means an application under the 1968 Act —
for a firearm certificate or a shot gun certificate or to be registered as a firearms dealer; or
for the renewal of a firearm certificate, a shot gun certificate or a firearms dealer certificate; and
“relevant certificate” means a firearm certificate, a shot gun certificate or a firearms dealer certificate.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 , the fee prescribed by these Regulations in respect of any application for a petroleum licence is payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
11
1
A fee is payable by the applicant to the Executive on each application for an explosives licence, or for any alteration in the terms of or other change to an existing explosives licence, under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 9 is that specified in column 2 of that Schedule and, where the fee is determined as an amount per hour worked, the fee, which is to be adjusted pro rata for a period worked of less than one hour, so calculated is payable prior to notification of the result of the application.
Estimate of cost of work
12
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(3)(b), 9(9), 17(1) or 17(2), or to the licensing authority of carrying out any work pursuant to regulation 9(2), the Executive or, as the case may be, the licensing authority must —
a
on receipt of the application or request, as the case may be, prepare and send to the person making the application or request an estimate of that cost; and
b
before carrying out the work, obtain confirmation from the person making the application or request that that person wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
13
1
The fee specified in column 2 of Schedule 10 is payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee is to be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or the notifier withdraws a notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees payable in respect of offshore installations
14
1
A fee is payable to the Executive by the person referred to in column 2 of Schedule 11 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee is payable to the Executive by an operator or owner who has prepared a current safety case pursuant to the 2005 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or more than one of the following —
a
that operator or owner in relation to the installation to which the current safety case relates; or
b
a contractor in relation to any work carried out by that contractor on or in connection with that installation.
3
For the purposes of this regulation, regulation 17 and Schedule 11, “the 2005 Regulations” means the Offshore Installations (Safety Case) Regulations 2005 and “installation”, “current safety case”, “safety case”, “operator” and “owner” have the same meanings as in those Regulations.
Fees payable in respect of gas safety functions
15
1
A fee is payable to the Executive by the person referred to in column 2 of Schedule 12 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee is payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that person in relation to the network, including a pipeline that it is intended will form part of the network, to which the safety case relates; or
b
a contractor in relation to work carried out by that contractor on or in connection with that network, including work on a pipeline that it is intended will form part of that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is or is to be conveyed or used.
3
A fee is payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations and a major accident prevention document pursuant to the Pipelines Safety Regulations 1996 for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that person in relation to work relating to a major accident hazard pipeline, including the construction of a pipeline that it is intended will form part of the network, to which the major accident prevention document relates; or
b
a contractor in relation to work carried out by that contractor relating to a major accident hazard pipeline, including the construction of a pipeline that it is intended will form part of the network, to which the major accident prevention document relates.
4
For the purposes of this regulation, regulation 17 and Schedule 12 —
a
“the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in those Regulations; and
b
“major accident hazard pipeline” has the same meaning as in the Pipelines Safety Regulations 1996.
Fees payable in relation to nuclear installations
16
1
Where, by virtue of the provisions specified in entry (a) or (b) of column 1 of Table 1 in Schedule 13, the Executive carries out any work for a purpose specified in column 2 of that Table, a fee is payable to the Executive by the person referred to in column 3 of that Table.
2
Where, by virtue of the provisions specified in column 1 of Table 2 in Schedule 13, the Executive carries out any work for the purpose specified in column 2 of that Table, a fee is payable to the Executive by the person referred to in column 3 of that Table.
3
A fee is payable to the Executive by a licensee of a nuclear site for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against one or other or both of the following —
a
that licensee; or
b
a contractor in relation to any work carried out by that contractor on or in connection with that nuclear site.
4
For the purposes of this regulation and Schedule 13 —
“the 1965 Act ” means the Nuclear Installations Act 1965 ;
“assessment agreement” means an agreement between the Executive and the person requesting the assessment of a design proposal, which identifies the scope of the assessment to be made by the Executive of that design proposal;
“design proposal” means a proposal for any nuclear installation, including matters relating to the installation’s construction, commissioning, operation and decommissioning, which is to be assessed by the Executive prior to any application for a licence under section 1(1) of the 1965 Act which may be made, based upon that proposal;
“licensee” means a person who has been granted a nuclear site licence pursuant to section 1(1) of the 1965 Act; and
“nuclear installation” means a nuclear reactor or an installation within the meaning of section 1(1)(b) of the 1965 Act.
Provisions supplementary to regulations 14 to 16
17
1
Any fee referred to in regulations 14 to 16 above —
a
is not to exceed the sum of the costs reasonably incurred by the Executive for the performance of the function or, in the case of regulation 16(1) and (2), the carrying out of the work referred to in the respective regulation; and
b
is payable within 30 days from the date of the invoice that the Executive has sent or given to the person who must pay that fee, and such invoices must include a statement of the work done and the costs incurred, including the period to which the statement relates.
2
No fee payable under regulations 14 to 16 is to include any costs connected with —
a
in England and Wales, any criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates’ Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such time as —
i
the inspector undertaking the investigation submits a report to the Procurator Fiscal for a decision as to whether a prosecution should be brought; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
any appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 .
3
For the purposes of regulation 14 and paragraph (2)(a) and (b), an installation is treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
4
Any reference in regulation 14 to a person who has prepared a current safety case includes a reference to —
a
a person who must prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.
5
Any reference in regulation 15 to a person who has prepared a safety case includes a reference to a person who must prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.
6
Any reference in regulations 14 to 16 to work carried out by a contractor is a reference to work carried out for the benefit of the person by whom the fees are payable under that regulation by a contractor or a contractor’s employees, whether pursuant to an agreement or an arrangement which the contractor has made with that person or with another person.
7
Any reference in regulations 14 to 16 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
18
1
A fee is payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) is —
a
in respect of an application for an original approval, that specified in column 1 of Table 1 in Schedule 14; or
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and the Executive requires an additional site-visit to be made for the purpose of reassessing an application for an original approval, a fee is payable by the applicant to the Executive.
4
The fee payable under paragraph (3) is that specified in column 2 of Table 1 in Schedule 14, and is payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee is payable to the Executive by the provider of the approved training, except that no such fee is payable in respect of the first such site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) is that specified in column 1 of Table 2 in Schedule 14, except where the site-visit is carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee payable is that specified in column 2 of that Table.
7
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee is payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified; and
b
the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
8
The fee payable under paragraph (7) is that specified in column 3 of Table 2 in Schedule 14.
9
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
the training provider wishes to cancel the site-visit agreed for that date, and informs the Executive of this wish three working days or less before that date; and
b
there is as a result no site-visit on that date,
a fee is payable by the training provider to the Executive in respect of that cancelled site-visit.
10
The fee payable under paragraph (9) is that specified in column 4 of Table 2 in Schedule 14.
11
Any fee referred to in paragraphs (6), (8) and (10) is payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989
19
1
A fee is payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 .
2
The fee payable under paragraph (1) is —
a
where the application for an original approval of training relates to, as the case may be —
i
rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”); or
ii
rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),
that specified in, respectively, columns 1 and 2 of Table 1 in Schedule 15; or
b
in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and the Executive requires an additional site-visit to be made for the purpose of reassessing an application for an original approval, a fee is payable by the applicant to the Executive.
4
The fee payable under paragraph (3) is —
a
where the application for approval relates to first-aid training, that specified in column 1 of Table 2 in Schedule 15; or
b
where the application for approval relates to medical training, that specified in column 2 of that Table,
and is payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee is payable to the Executive by the provider of the approved training, except that no such fee is payable in respect of the first such site-visit made after the original approval has been given.
6
Subject to paragraph (7), the fee payable under paragraph (5) is —
a
where the site-visit is in connection with an approval relating to first-aid training, that specified in column 1 of Table 3 in Schedule 15; or
b
where the site-visit is in connection with an approval relating to medical training, that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table is to be reduced by an amount of £150.
7
The fee payable under paragraph (5) where the site-visit is carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit —
a
where the site-visit is in connection with an approval relating to first-aid training, is that specified in column 3 of Table 3 in Schedule 15; or
b
where the site-visit is in connection with an approval relating to medical training, is that specified in column 4 of that Table.
8
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee is payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified; and
b
the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
9
The fee payable under paragraph (8) is —
a
where the site-visit is made for the purpose of investigating a complaint relating to first-aid training provided pursuant to an approval, that specified in column 1 of Table 4 in Schedule 15; or
b
where the site-visit is made for the purpose of investigating a complaint relating to medical training provided pursuant to an approval, that specified in column 2 of Table 4 in Schedule 15.
10
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
the training provider wishes to cancel the site-visit agreed for that date, and informs the Executive of this wish three working days or less before that date; and
b
there is as a result no site-visit on that date,
a fee is payable by the training provider to the Executive in respect of that cancelled site-visit.
11
The fee payable under paragraph (10) is —
a
where the site-visit was to have been in connection with an approval of first-aid training, that specified in column 3 of Table 4 in Schedule 15; or
b
where the site-visit was to have been in connection with an approval of medical training, that specified in column 4 of that Table (that is to say, the reasonable cost to the Executive due to the cancellation).
12
The fee referred to in paragraphs (6), (7), (9) and (11) is payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 18 and 19
20
1
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive must repay to the applicant the amount of £168 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive must repay to the applicant a further amount of £56 in respect of the fees paid for the original approvals of training applied for.
2
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive must repay to the applicant the amount of £56 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive must repay to the applicant a further amount of £168 in respect of the fees paid for the original approvals of training applied for.
3
Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive must repay to the applicant the amount of £56 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive must repay to the applicant a further amount of £168 in respect of the fees paid for the original approvals of training applied for.
4
Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive must repay to the applicant the amount of £224 in respect of the fees paid for those applications.
5
In this regulation —
“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981; and
“first-aid training” and “medical training” have the same meanings as in regulation 19.
Fees for notifications under the Notification of Conventional Tower Cranes Regulations 2010
21
1
The fee specified in column 2 of Schedule 16 is payable by an employer to the Executive on each notification under the 2010 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
In this regulation and Schedule 16, “the 2010 Regulations” means the Notification of Conventional Tower Cranes Regulations 2010 and “construction site”, “conventional tower crane” and “thorough examination” have the same meanings as in the 2010 Regulations.
Revocation
22
The Health and Safety (Fees) Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
William D. McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
2nd March 2010


text:
Title, application and commencement
1
These Regulations —
a
may be cited as the Flavourings in Food (England) Regulations 2010;
b
apply in relation to England only; and
c
come into force on 20th January 2011.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the EU Regulation ” means Regulation (EC) No.1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91 , Regulations (EC) No.2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC ;
“authorised officer” means any person who is authorised in writing, either generally or specifically, by a food authority or as the case may be a port health authority to act in matters arising under these Regulations;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Any other expression used in these Regulations and in the EU Regulation has the same meaning in these Regulations as it bears in the EU Regulation.
3
Any reference in regulation 3 to a numbered Article is a reference to the Article so numbered in the EU Regulation.
Offences and penalties
3
1
A person who contravenes or fails to comply with any of the EU provisions specified in paragraph (2) as read with the transitional arrangements contained in Article 30 is guilty of an offence.
2
The EU provisions are —
a
Article 4 (general conditions of use of flavourings or food ingredients with flavouring properties);
b
Article 5 (prohibition of non-compliant flavourings or non-compliant food);
c
Article 6(1) and (2) (restrictions on the presence of certain substances);
d
Article 7 (restrictions on the use of certain source materials);
e
Article 10 (restriction relating to the Community list of flavourings and source materials);
f
Article 14(1) (labelling of flavourings not intended for sale to the final consumer);
g
Article 17 (labelling of flavourings intended for sale to the final consumer); and
h
Article 19(2) and (3) (reporting obligations on food business operators).
3
Anyone convicted of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Enforcement authorities
4
It is the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations and the EU Regulation.
Application of various sections of the Food Safety Act 1990
5
1
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 21 (defence of due diligence) with the modification that —
i
subsections (2) to (4) shall apply in relation to an offence of contravening regulation 3(2)(a) to (g) as they apply in relation to an offence under section 14 or 15, and
ii
in subsection (4) the references to “sale” are deemed to include references to “placing on the market”;
c
section 30(8) (which relates to documentary evidence);
d
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by paragraph (3)(b);
e
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by paragraph (3)(c);
f
section 36 (offences by bodies corporate); and
g
section 36A (offences by Scottish partnerships) .
2
In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the references in subsection (1) to the Act are to be construed as including references to the EU Regulation.
3
The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act is to be construed as including a reference to the EU Regulation and these Regulations —
a
section 3 (presumption that food is intended for human consumption) with the modification that the references to “sold” and “sale” are deemed to include references to “placed on the market” and “placing on the market” respectively;
b
section 33(1) (obstruction etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (b); and
d
section 44 (protection of officers acting in good faith).
4
Section 34 of the Act (time limit for prosecutions) applies to offences under regulation 3 as it applies to offences punishable under section 35(2) of the Act.
Condemnation of Food
6
Where any food is certified by a food analyst as being food which it is an offence under these Regulations to place on the market, that food shall be treated for the purposes of section 9 of the Act (under which a food may be seized and destroyed under an order of a justice of the peace) as failing to comply with food safety requirements.
Amendments to the Food Labelling Regulations 1996
7
1
The Food Labelling Regulations 1996 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2(1) (interpretation) —
a
for the definition of “the additives regulations” substitute the following —
“the additives regulations” means the Food Additives (England) Regulations 2009, Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives and Regulation 1334/2008 on food flavourings;
;
b
for the definition of “flavouring” when used as a noun substitute the following —
the noun “flavouring” bears the same meaning as “flavourings” as defined in Article 3(2)(a) of Regulation 1334/2008 on food flavourings;
;
c
the definitions of “flavouring preparation”, “flavouring substance”, “process flavouring” and “smoke flavouring” are omitted; and
d
after the definition of “recommended daily allowance” insert the following definition —
“Regulation 1334/2008 on food flavourings” means Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91 , Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC ;
.
3
In regulation 14 (names of ingredients) —
a
for paragraph (5) substitute the following —
5
Subject to paragraph (5A) and to regulation 34B, where an ingredient being a flavouring is added to or used in a food it shall be identified by either —
a
the word “flavouring” or, where more than one such ingredient is used, “flavourings”, or
b
a more specific name or description of the flavouring; or
c
the expression “smoke flavouring(s)” or “smoke flavouring(s) produced from ( insert name of food or food category or source )” if the flavouring component contains smoke flavouring as defined by Article 3(2)(f) of Regulation 1334/2008 on food flavourings and imparts a smoky flavour to the food.
;
b
for paragraph (6) substitute the following —
6
The word “natural” to describe an ingredient being a flavouring may only be used in accordance with Article 16 of Regulation 1334/2008 on food flavourings as read with Article 30 of that Regulation.
; and
c
paragraphs (7) and (8) are omitted.
Revocations
8
The Flavourings in Food Regulations 1992 and the Flavourings in Food (Amendment) Regulations 1994 are revoked in so far as they apply in relation to England.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
23rd November 2010


text:
Title and commencement
1
The title of this Order is the Gower College Swansea (Incorporation) Order 2010 and it comes into force on 20 May 2010.
New Corporation
2
On 20 May 2010 a body corporate called Gower College Swansea is to be established, for the purposes of establishing and conducting from the operative date a new educational institution of the same name.
Operative date
3
The operative date appointed in relation to Gower College Swansea is 20 August 2010, and the corporation is to conduct the educational institution of Gower College Swansea from that date.
Leighton Andrews
Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers
25 April 2010