text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Support) Regulations 2009 (Amendment) Regulations 2010.
2
These Regulations come into force on the 22nd day after these Regulations are laid before Parliament.
3
These Regulations apply in relation to England .
Amendment of the Education (Student Support) Regulations 2009
2
The Education (Student Support) Regulations 2009 are amended in accordance with regulations 3 to 34 and the Schedule.
3
In regulation 2(1), for the definition of ““bursary year”” substitute —
“bursary year” means an academic year of a course in relation to which the student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;
.
4
In regulation 2(1), within sub-paragraph (d) of the definition of ““end-on course””, for “lower level full-time or part-time higher education course, or undertake a compressed degree course or a designated distance learning course” substitute “full-time or part-time higher education course, or to undertake a designated distance learning course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a foundation degree course having achieved a qualification”.
5
In regulation 2(1) within the definition of ““Erasmus year””, for “and all the periods of study during the academic year are at an institution outside the United Kingdom” substitute —
and —
all the periods of study during the academic year are attended at an institution outside the United Kingdom; or
all the periods of work placement during the academic year are attended at a workplace outside the United Kingdom
.
6
In regulation 2(1) after the definition of ““healthcare bursary””, insert —
“higher education bursary” means an amount paid by a local authority in England under section 23C(5A) of the Children Act 1989 ;
.
7
In regulation 2(1), for the definition of ““preliminary course””, substitute —
“preliminary course” means a course mentioned in paragraph 2, 3 or 4 of Schedule 2, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course, or overseas equivalent, taken before a full-time honours degree course, as the case may be;
.
8
In regulation 2(5)(b), after “sub-paragraph (a)” insert “is an honours degree from an institution in the United Kingdom or”.
9
In regulation 2(10)(a)(i), after “teachers” insert “or an academic year of a designated course that is an Erasmus year”.
10
In regulation 5(3)(c), for “there has been bestowed on, or paid to, A” substitute “A is eligible to apply for,”.
11
For regulation 6(1)(b)(iii), substitute —
iii
a course for the initial training of teachers which —
aa
begins before 1st September 2010; or
bb
begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010;
.
12
For regulation 23(2)(b)(i), substitute —
i
has completed a course mentioned in paragraph 2, 3 or 4 of Schedule 2 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis having achieved a qualification;
.
13
After regulation 39(2)(a), insert —
aA
a student on a period of study or period of work placement in an Erasmus year;
.
14
In regulation 42(2)(f), after “section 24 of that Act;” omit “and”.
15
In regulation 42(2)(g), after “the Tax Credits Act 2002” insert —
; and
h
a higher education bursary paid to the dependant
.
16
In regulation 48(a), after “period of study” insert “or period of overseas work placement in an Erasmus year”.
17
In regulation 48(b), after “Institute” insert “or overseas workplace in an Erasmus year”.
18
In regulation 49(b), after “Institute” insert “or overseas workplace in an Erasmus year”.
19
In regulation 52, after “Institute” insert “or overseas workplace in an Erasmus year”.
20
For regulation 67(2)(c), substitute —
c
the current system student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount in respect of any academic year of the course; or
.
21
After regulation 83(2)(a), insert —
aA
a student on a period of study or period of work placement in an Erasmus year;
.
22
In regulation 87(c)(i), omit “or”.
23
In regulation 87(c)(ii), after “Institute;” insert —
or
iii
attends an overseas work placement in an Erasmus year;
.
24
In regulation 116(3)(a), for “subject to paragraph (4), there has been bestowed on, or paid to, A” substitute “A is eligible to apply for,”.
25
Regulation 116(4), 120(3) and 123(3) are omitted.
26
In regulation 122(4)(f), after “the Tax Credits Act 2002” insert “and any higher education bursary”.
27
In regulation 133(3)(a), for “there has been bestowed on, or paid to, A” substitute “A is eligible to apply for,”.
28
In regulation 139(4)(f), after “the Tax Credits Act 2002” insert “and any higher education bursary”.
29
In regulation 141(5)(c)(ii), for “the institution” substitute “the Institute”.
30
In regulation 150(4)(a), for “there has been bestowed on, or paid to, A” substitute “A is eligible to apply for,”.
31
In paragraph 1(1) of Schedule 1, within the definition of ““family member””, for (a)(ii) substitute —
ii
direct descendants of the person or of the person’s spouse or civil partner who are —
aa
under the age of 21; or
bb
dependants of the person or the person’s spouse or civil partner; or
.
32
After paragraph 5(3) of Schedule 4, insert —
3A
In the event that sub-paragraph (3) or this sub-paragraph was applied in the previous academic year of the current course and the Secretary of State is satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent. of the sterling value of A’s residual income in the previous financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A’s residual income for the current financial year.
.
33
In paragraph 5(4) to Schedule 4, after “sub-paragraph (3)” insert “and, where applicable under sub-paragraph (3A)”.
New payment rates for fee loans, grants for fees and fee contribution loans for the academic year beginning on or after 1st September 2011
34
The Schedule —
a
applies in relation to an academic year which begins on or after 1st September 2011; and
b
has effect to substitute the figures in the third column of the table for the figures in the second column where they appear in the regulations of the Education (Student Support) Regulations 2009 set out in the first column.
David Willetts
Minister of State for Universities and Science
Department for Business, Innovation and Skills
18th October 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Individual Pupil Information) (Prescribed Persons) (England) (Amendment) Regulations 2010 and come into force on 1st September 2010.
2
These Regulations apply to individual pupil information relating to pupils at schools in England only.
Amendment of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009
2
1
The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 are amended as follows.
2
In regulation 2(1) (interpretation) for the definition of “the relevant school” substitute —
“the relevant school” means the school at which the relevant pupil is or was registered and, where the school at which the relevant pupil was registered is converted into an Academy (as described in section 4(3) of the Academies Act 2010 (c. 32) ), includes that Academy.
.
3
In regulation 3(5)(e) (prescribed persons) after “governing body” insert “or proprietor”.
Jonathan Hill
Parliamentary Under Secretary of State
Department for Education
28th July 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
2
These Regulations do not apply in relation to or in connection with a notice given before 1st April 2010 requiring the provision or production of information, particulars or documents.
Amendments to the Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) Regulations 2006
2
1
Schedule 2 to the Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) Regulations 2006 is amended as follows.
2
The following entries are omitted —
a
“A notice under section 252 (notices requiring documents or particulars about registered pensions schemes, etc.) to a person of a description prescribed by the Registered Pension Schemes and Employer-Financed Retirement Benefits Schemes (Information) (Prescribed Descriptions of Persons) Regulations 2005 to produce or provide documents or particulars.”;
b
“A notice by Revenue and Customs under regulation 22 of the ELA Regulations requiring an individual to provide information, particulars or documents; and a notice of appeal to the tax appeal Commissioners against such a notice.”;
c
“A notice of appeal against a notice requiring the production of documents or the furnishing of particulars under section 252.”;
d
c
section 259 (failure to deliver documents or particulars required by notice);
.
3
In the place where the entry omitted by sub-paragraph (a) of paragraph (2) appeared insert —
A —
a
taxpayer notice under paragraph 1 of Schedule 36 to the Finance Act 2008 (information and inspection powers),
b
third party notice under paragraph 2 of that Schedule,
c
notice under paragraph 5 of that Schedule
that relates to a registered pension scheme; and a notice of appeal against any such notice or against the imposition of a penalty in relation to any such notice.
.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th March 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.
2
Regulation 5(b) shall apply only in relation to the tax year 2011-12 and subsequent tax years.
3
The remaining provisions of these Regulations shall apply only in relation to the tax year 2010-11 and subsequent tax years.
Amendment of the Income Tax (Construction Industry Scheme) Regulations 2005
2
The Income Tax (Construction Industry Scheme) Regulations 2005 are amended as follows.
Determination of amounts payable by contractor and appeal against determination
3
In regulation 13(5) (determination of amounts payable by contractor and appeal against determination) after “5” insert “, 5A”.
Electronic communications
4
In regulation 38 (interpretation), in the definition of “specified payment”, omit “made in the tax year to which the e-payment notice issued under regulation 199 of the PAYE Regulations relates (large employers required to make specified payments electronically)”.
Mandatory electronic payment
5
In regulation 45 (mandatory electronic payment) —
a
for paragraph (1) substitute —
1
A contractor who is a large employer within the meaning of regulation 191 (large and medium sized employers) of the PAYE Regulations must pay the specified payment using an approved method of electronic communications.
;
b
in the paragraph (1) inserted by paragraph (a) of this regulation, for the words “191 (large and medium sized employers)” substitute “198A (large employers)”; and
c
after paragraph (3) insert —
4
A specified payment is not treated as received in full by Her Majesty’s Revenue and Customs on or before the date by which that specified payment is required in accordance with regulation 7 unless it is made in a manner which secures (in a case where the specified payment is made otherwise than in cash) that, on or before that date, all transactions can be completed which need to be completed before the whole amount of the specified payment becomes available to the Commissioners for Her Majesty’s Revenue and Customs.
.
Revocations
6
Regulations 46 (contractor in default if specified payment not received by applicable due date) and 47 (default notice and appeal) are omitted.
Mike Eland
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th March 2010


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.
2
These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 on or after the day on which they come into force.
Amendment of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988
2
In the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988 —
a
in regulations 5(1) and 8 (minimum amounts payable to dependant), for “£2,609” substitute “£2,649”;
b
in regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis), for “£5,397” (in both places) substitute “£5,478”; and
c
for the Schedule to those Regulations substitute the Schedule set out in the Schedule to these Regulations.
William D. McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
30th March 2010


text:
Citation and interpretation
1
1
This Order may be cited as the Violent Crime Reduction Act 2006 (Commencement No. 8) Order 2010.
2
In this Order, “the 2006 Act ” means the Violent Crime Reduction Act 2006.
Commencement
2
The following provisions of the 2006 Act shall come into force, in relation to proceedings in magistrates’ courts in the relevant areas, on 1st April 2010 —
a
section 6 (orders on conviction in criminal proceedings);
b
section 7 (supplementary provision about orders on conviction);
c
section 8 (variation or discharge of orders under s.6).
3
The following provisions of the 2006 Act shall come into force on 1st April 2010 in relation to proceedings in magistrates’ courts in the relevant areas, insofar as they are not already in force —
a
section 9 (interim orders);
b
section 10 (appeals);
c
section 11 (breach of drinking banning orders);
d
section 12 (approved courses);
e
section 13 (certificates of completion of approved courses); and
f
section 14 (interpretation of Chapter 1).
4
In articles 2 and 3, “the relevant areas” means the local justice areas set out in the Schedule.
Alan Campbell
Parliamentary Under-Secretary of State
Home Office
25th February 2010


text:
Title, application and commencement
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Appeals) Regulations 2010; they apply in England and come into force on 5th February 2010.
Appeals
2
1
A farmer aggrieved by any initial determination relating under —
a
Council Regulation ( EC ) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ,
b
Commission Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ,
c
Commission Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ,
d
Commission Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials ,
e
Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers ,
f
Commission Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers ,
g
Commission Regulation (EC) No 1121/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof ,
h
Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector ,
all as amended from time to time, may appeal against that determination to a person appointed by the Secretary of State.
2
The person must consider the appeal and report in writing to the Secretary of State, who must then make a final determination.
3
The fee for the appeal is £100, payable when the appeal is lodged.
Revocation
3
The Common Agricultural Policy Single Payment and Support Scheme (Appeals) (England) Regulations 2004 are revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
9th December 2009
We consent
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th January 2010


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Construction of Buildings) Order 2010 and shall come into force on 1st April 2010.
Amendment of Group 5 of Schedule 8 to the Value Added Tax Act 1994
2
1
In Note (21) of Group 5 of Schedule 8 to the Value Added Tax Act 1994 (construction of buildings, etc ) —
a
before paragraph (a) insert —
za
a private registered provider of social housing,
,
b
in paragraph (a), after “1996” insert “(Welsh registered social landlords)”, and
c
for paragraph (b) substitute —
b
a registered social landlord within the meaning of the Housing (Scotland) Act 2001 (asp 10) (Scottish registered social landlords), or
.
2
Until the coming into force of provision defining “private registered provider of social housing” in enactments and instruments generally, that expression in Note (21) of Group 5 of Schedule 8 to the Value Added Tax Act 1994 means persons listed in the register of providers of social housing maintained under Chapter 3 of Part 2 of the Housing and Regeneration Act 2008 who are not local authorities within the meaning of the Housing Associations Act 1985 .
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 2010


text:
Citation
1
This Order may be cited as The Designation of Schools having a Religious Character (England) Order 2010.
Designation of schools
2
The schools listed in column (1) of the Schedule (all of which are foundation or voluntary schools, or are new schools that have temporary governing bodies and which will be voluntary or foundation schools when established) are hereby designated as schools having a religious character.
3
In relation to each designated school, the religion or religious denomination (or, as the case may be, each such religion or religious denomination) in accordance with whose tenets religious education is, or may be, required to be provided at the school is listed in column (3) of the Schedule.
David McVean
A Deputy Director in the
Department for Education
10th November 2010


text:
PART 1 Citation and interpretation
Citation and interpretation
1
1
This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3 and Transitional and Transitory Provisions) and (Commencement No. 2 (Amendment)) Order 2010.
2
In this Order —
“ the Act ” means the Apprenticeships, Skills, Children and Learning Act 2009;
“the CCEA ” means the Northern Ireland Council for the Curriculum, Examinations and Assessment;
“ Ofqual ” means the Office of Qualifications and Examinations Regulation;
“the QCA ” means the Qualifications and Curriculum Authority;
“the 1997 Act ” means the Education Act 1997 ;
“the 1998 Order ” means the Education (Northern Ireland) Order 1998 ;
“the 2002 Act ” means the Education Act 2002 .
3
In this Order a reference to the award or authentication of a qualification includes a reference to —
a
the award or authentication of credits in respect of components of a qualification, and
b
the award or authentication of a qualification by a person either alone or jointly with others.
PART 2 Commencement
Provisions coming into force on 1st April 2010
2
The provisions of the Act specified in column 1 of Schedule 1 come into force on 1st April 2010 to the extent specified in column 2 of the Schedule.
Provision coming into force on 1st July 2010
3
Section 155 of the Act comes into force on 1st July 2010.
Provisions coming into force on 1st September 2010
4
The provisions of the Act specified in column 1 of Schedule 2 come into force on 1st September 2010, to the extent specified in column 2 of the Schedule.
PART 3 Transitional provisions: Office of Qualifications and Examinations Regulation
Continuity: general
5
1
This article applies to the extent that a function (“the new function”) exercisable by Ofqual on and after 1st April 2010 corresponds to a function (“the old function”) exercisable by the QCA before that date.
2
Anything done before 1st April 2010 by or in relation to the QCA in connection with the old function is to be treated, on and after that date, as done, or to be continued, by or in relation to Ofqual in connection with the new function.
3
Accordingly, references to the QCA and the old function in a document relating to the old function are to be read, on and after 1st April 2010, as references to Ofqual and the new function.
4
Paragraphs (1) to (3) have effect subject to the following provisions of this Order.
Persons to be treated as recognised under section 132 of the Act
6
1
This article applies where, immediately before 1st April 2010, a person is recognised, or is treated by the QCA as recognised, under section 24(2)(eb) of the 1997 Act in respect of the award or authentication of a particular qualification or description of qualification.
2
With effect from 1st April 2010, the person is to be treated as recognised by Ofqual under section 132 of the Act in respect of the award or authentication of that qualification or description of qualification.
7
1
This article applies where —
a
the CCEA requires a person, before submitting a form of a vocational qualification to it for accreditation under Article 75(1)(b) of the 1998 Order, to be recognised by it in respect of the award or authentication of that qualification or a description of vocational qualification which applies to that qualification, and
b
immediately before 1st April 2010, a person is accordingly recognised by the CCEA in respect of the award or authentication of a particular vocational qualification or description of vocational qualification.
2
With effect from 1st April 2010, the person is to be treated as recognised by Ofqual under section 132 of the Act in respect of the award or authentication of that vocational qualification or description of vocational qualification.
Applications for recognition
8
1
This article applies where an application for recognition under section 24(2)(eb) of the 1997 Act in respect of the award or authentication of a particular qualification or description of qualification has been made to the QCA but not determined by it before 1st April 2010.
2
With effect from 1st April 2010, the application is to be treated as an application for recognition under section 132 of the Act in respect of the award or authentication of that qualification or description of qualification.
9
1
This article applies where —
a
the CCEA requires a person, before submitting a form of a vocational qualification to it for accreditation under Article 75(1)(b) of the 1998 Order, to be recognised by it in respect of the award or authentication of that qualification or a description of vocational qualification which applies to that qualification, and
b
an application for recognition in respect of a vocational qualification or description of vocational qualification has accordingly been made to the CCEA but not determined by it before 1st April 2010.
2
With effect from 1st April 2010, the application is to be treated as an application for recognition under section 132 of the Act in respect of the award or authentication of that vocational qualification or description of vocational qualification.
Criteria for recognition
10
1
This article applies in relation to any criteria published by the QCA (“the transitional criteria”) which, immediately before 1st April 2010, are treated by the QCA as recognition criteria in respect of the award or authentication of a particular qualification or description of qualification.
2
For the purposes of paragraph (1) “recognition criteria” are criteria developed and published by the QCA under section 24(2)(ea) of the 1997 Act for the recognition of persons under section 24(2)(eb) of that Act.
3
With effect from 1st April 2010, the transitional criteria are to be treated as criteria set and published by Ofqual under section 133 of the Act for the recognition of persons under section 132 of that Act in respect of the award or authentication of the qualification or description of qualification mentioned in paragraph (1).
4
With effect from 1st April 2010, any consultation carried out by the QCA for the purpose of developing the transitional criteria is to be treated as if it had been carried out by Ofqual under section 133(5) of the Act before setting the criteria.
11
1
This article applies in relation to —
a
the consultation carried out by the QCA in the document published in December 2009 and called “Regulating for confidence in standards: consultation on the regulation of qualifications, examinations and assessments”;
b
the consultation carried out by the QCA in the document published in March 2010 and called “Regulatory arrangements for component and Diploma awarding bodies: Recognition requirements and operating rules”.
2
With effect from 1st April 2010, so far as relating to proposed recognition criteria, those consultations are to be treated as if they had been carried out by Ofqual under section 133(5) of the Act.
3
For the purposes of paragraph (2) “recognition criteria” are criteria set by Ofqual under section 133 of the Act.
General conditions of recognition
12
1
This article applies in relation to the document published by the QCA in March 2010 and called “General conditions of recognition on awarding organisations”.
2
With effect from 1st April 2010, the proposed general conditions included in that document are to be treated as the general conditions set and published by Ofqual under section 134 of the Act.
13
1
This article applies in relation to the consultation carried out by the QCA in the document published in December 2009 and called “Regulating for confidence in standards: consultation on the regulation of qualifications, examinations and assessments”.
2
With effect from 1st April 2010, so far as relating to proposed general conditions, that consultation is to be treated as if it had been carried out by Ofqual under section 134(5) of the Act.
3
For the purposes of paragraph (2) “general conditions” are conditions set by Ofqual under section 134 of the Act.
Qualifications subject to accreditation requirement
14
1
With effect from 1st April 2010, Ofqual is to be treated as if it had made a determination under section 138(1) of the Act in the following terms.
2
The terms are that a qualification or description of qualification is subject to the accreditation requirement for the purposes of award or authentication by a person who is treated by article 6 or 7 as recognised under section 132 of the Act in respect of the award or authentication of the qualification or description of qualification.
Accredited qualifications
15
1
This article applies in relation to a form of a qualification which, immediately before 1st April 2010 —
a
is accredited by the QCA under section 24(2)(g) of the 1997 Act, or
b
is a vocational qualification accredited by the CCEA under Article 75(1)(b) of the 1998 Order.
2
With effect from 1st April 2010, that form of the qualification is to be treated as accredited by Ofqual under section 139 of the Act.
Qualifications submitted for accreditation
16
1
This article applies where, before 1st April 2010 —
a
a form of a qualification has been submitted to the QCA for accreditation under section 24(2)(g) of the 1997 Act, or
b
a form of a vocational qualification has been submitted to the CCEA for accreditation under Article 75(1)(b) of the 1998 Order,
and the QCA or (as the case may be) the CCEA has not reached a decision before that date on whether to accredit the form of the qualification.
2
With effect from 1st April 2010, the form of the qualification is to be treated as having been submitted to Ofqual for accreditation under section 139 of the Act by a body which is recognised under section 132 of that Act in respect of the award or authentication of the qualification, or of a description of qualification which applies to the qualification.
Criteria for accreditation
17
1
This article applies in relation to any criteria (“the transitional criteria”) which —
a
are developed and published by the QCA under section 24(2)(f) of the 1997 Act for the accreditation of a qualification or description of qualification, and
b
have effect immediately before 1st April 2010.
2
With effect from 1st April 2010, the transitional criteria are to be treated as criteria for accreditation under section 139 of the Act which are —
a
set and published by Ofqual under section 140 of the Act, and
b
applicable to that qualification or description of qualification.
3
With effect from 1st April 2010, any consultation carried out by the QCA for the purpose of developing the transitional criteria is to be treated as if it had been carried out by Ofqual under section 140(5) of the Act before setting the criteria.
18
1
This article applies in relation to the consultation carried out by the QCA in the document published in March 2010 and called “Criteria for the Diploma qualifications in science at Advanced level: Principal Learning”.
2
With effect from 1st April 2010, so far as relating to proposed accreditation criteria, that consultation is to be treated as if it had been carried out by Ofqual under section 140(5) of the Act.
3
For the purposes of paragraph (2) “accreditation criteria” are criteria set by Ofqual under section 140 of the Act.
Complaints
19
1
This article applies where, immediately before 1st April 2010, the QCA are investigating a complaint in relation to the award or authentication of a qualification by a person who is recognised, or is treated by the QCA as recognised, under section 24(2)(eb) of the 1997 Act in respect of the award or authentication of the qualification, or a description of qualification which applies to the qualification.
2
With effect from 1st April 2010, the complaint is to be treated for the purposes of section 150 of the Act as a complaint made to Ofqual in relation to the award or authentication of a regulated qualification.
NC assessments regulatory framework and EYFS assessments regulatory framework
20
1
This article applies in relation to the following documents (“the assessments guidance”) —
a
the document published by the QCA in March 2010 and called “National Curriculum assessments: regulatory framework”, and
b
the document published by the QCA in March 2010 and called “National Curriculum assessments: code of practice”.
2
With effect from 1st April 2010, the assessments guidance, so far as relating to NC assessment arrangements, is to be treated as —
a
forming part of the NC assessments regulatory framework, and
b
constituting the guidance required by section 164(1)(b) of the Act to be included in that framework.
3
With effect from 1st April 2010, the assessments guidance, so far as relating to EYFS assessment arrangements, is to be treated as —
a
forming part of the EYFS assessments regulatory framework, and
b
constituting the guidance required by section 165(1)(b) of the Act to be included in that framework.
PART 4 Transitory provisions: paragraph 33 of Schedule 12 to the Act
Paragraph 33 of Schedule 12 to the Act
21
Until section 74(1) of the Education and Inspections Act 2006 comes into force the reference in paragraph 33 of Schedule 12 to section 85(6) of the 2002 Act is to be read as a reference to section 85(9) of that Act.
PART 5 Amendment of the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Savings Provisions) Order 2010
Amendment of the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No.2 and Transitional and Saving Provisions) Order 2010
22
1
The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No.2 and Transitional and Saving Provisions) Order 2010 is amended as follows.
2
After article 12 insert —
13
Despite the coming into force of section 123 of and paragraphs 14, 15, 41 and 50 of Schedule 6 to, and section 266 of and Part 2 of Schedule 16 to the Act (which repeal sections 1 and 28 of, and Schedule 1 to, the Learning and Skills Act 2000 ), in accordance with article 3, section 28 and paragraph 14 of Schedule 1 to the Learning and Skills Act 2000 continue to have effect in respect of the financial year beginning on 1st April 2009 only, save that the first reference to the Council is to be read as a reference to the Chief Executive of Skills Funding.
14
1
Despite the coming into force of section 123 of and paragraphs 14 and 16 of Schedule 6 to, and section 266 of and Part 2 of Schedule 16 to the Act (which repeal section 2 of the Learning and Skills Act 2000), in accordance with article 3, section 2 of the Learning and Skills Act 2000 continues to have effect in accordance with paragraph (2) until the earliest date on which regulations under section 1(5)(b) of the Act come into force.
2
As continued in effect by paragraph (1), section 2 of the Learning and Skills Act 2000 has effect with the following modifications —
a
in subsection (1), for “The Council must” substitute “In connection with working otherwise than under a contract of employment, the Chief Executive of Skills Funding may”;
b
in subsection (3), for “performing the duty” substitute “exercising the power” and for “Council’s” substitute “Chief Executive’s”;
c
in subsection (3)(e), omit “and in particular avoid provision which might give rise to disproportionate expenditure”;
d
omit subsection (4).
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
30th March 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Buckinghamshire Hospitals National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2010 and shall come into force on 10th March 2010.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“the Trust” means the Buckinghamshire Hospitals National Health Service Trust .
Appointment of trustees
2
1
The Secretary of State shall appoint trustees for the Trust for the purpose of exercising the functions described in paragraph 10(1) of Schedule 4 to the Act (trust funds and trustees).
2
A trustee shall be appointed for such period, not exceeding 4 years, as the Secretary of State may specify on making the appointment.
Termination and suspension of appointment
3
1
The Secretary of State may terminate a trustee’s tenure of office where the Secretary of State is of the opinion that it is not in the interests of the Trust or the health service or the administration of any trust funds that the trustee should continue to hold office.
2
Where the Secretary of State is of the opinion referred to in paragraph (1), the Secretary of State may suspend the trustee from office, pending a decision on whether to terminate the trustee’s tenure of office.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State
Department of Health
10th February 2010


text:
Citation and commencement
1
1
These Regulations may be cited as the Detergents Regulations 2010.
2
Regulation 9 comes into force on 1st January 2015 and all other regulations come into force on 6th April 2010.
Interpretation
2
1
In these Regulations —
“authorised officer” means a person appointed under regulation 5;
“Commission Recommendation” means the Commission Recommendation of 23/ XII /2005 on the tiered approach technical guidance document for the purpose of implementing Regulation ( EC ) No 648/2004 of the European Parliament and the Council ;
“contravention” includes a failure to comply;
“controlled product” means a detergent or surfactant;
“enforcement authority” means an enforcement authority specified in regulation 4;
“port health authority” means —
in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984) , the Common Council of the City of London, and
in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district constituted by order under section 2(4) of that Act;
“premises” includes any place, structure or means of transport and, in particular, includes —
any land,
any installation on land (including the foreshore and other land intermittently covered by water) and any other installation (whether floating, or resting on the seabed, or its subsoil, or resting on other land covered with water or its subsoil),
any tent or moveable structure, and
any vehicle, vessel, aircraft or hovercraft;
“Regulation 648/2004” means Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents ; and
“tier”, “Tier 1”, “Tier 2”, “Tier 3” and “tiered approach” have the same meaning as in the Commission Recommendation.
2
In these Regulations, terms used in Regulation 648/2004 have the same meaning as in that Regulation.
Competent Authority
3
1
The competent authority referred to in Article 8(1) of Regulation 648/2004 is the Secretary of State.
2
The Secretary of State is responsible for discharging the following functions in the United Kingdom —
a
those assigned to member States by Articles 8 and 15(1) of Regulation 648/2004; and
b
those reserved to member States by the second sub-paragraph of Article 9(3) of that Regulation.
Enforcement Authorities
4
1
In England, enforcement authorities for the purposes of the enforcement and execution of these Regulations are —
a
for each London borough, the council of that borough;
b
for each district in a metropolitan county, the council of that district;
c
for each district in a non-metropolitan county —
i
where the county functions have been transferred to the council of that district under a structural change (as defined in section 14(1)(a) of the Local Government Act 1992) , the council of that district, and
ii
in any other case, the council of the county;
d
for the City of London (except the Temples), the Common Council of the City of London;
e
for the Inner Temple, the Sub-Treasurer;
f
for the Middle Temple, the Under Treasurer;
g
for the Isles of Scilly, the Council of the Isles of Scilly; and
h
for each port, in relation to imported controlled products, the port health authority of that port.
2
In Wales, enforcement authorities for the purposes of the enforcement and execution of these Regulations are —
a
for each county, the council of that county; and
b
for each county borough, the council of that county borough.
3
In Scotland, enforcement authorities for the purposes of the enforcement and execution of these Regulations are, for each of their areas, the councils constituted under section 2 of the Local Government etc (Scotland) Act 1994 .
4
In Northern Ireland, enforcement authorities for the purposes of the enforcement and execution of these Regulations are, for each local government district, the council of that district.
5
In this regulation, the references to the purposes of enforcement and execution do not include either —
a
the purposes of the competent authority under regulation 3(1); or
b
the purposes of discharging the functions specified in regulation 3(2).
Authorised Officers
5
1
The Secretary of State or an enforcement authority may appoint a person as an authorised officer for the purposes of these Regulations.
2
A person appointed by an enforcement authority is an authorised officer within the area specified for that enforcement authority in regulation 4.
Provision in English of information required by Regulation 648/2004
6
Where Regulation 648/2004 requires the provision of information in relation to a controlled product, such requirement is deemed not to have been met unless the information is provided in the English language.
Contravention of Regulation 648/2004
7
1
Any manufacturer who places on the market any controlled product is guilty of an offence unless —
a
the controlled product conforms with Article 3(1) of Regulation 648/2004; and
b
Article 3(2) of that Regulation has been complied with.
2
Any manufacturer who —
a
fails to comply with Article 9 of Regulation 648/2004; or
b
fails to comply with a request under Article 9(3) of that Regulation,
is guilty of an offence.
3
Any manufacturer who places on the market a controlled product that does not conform with Article 11 of Regulation 648/2004 is guilty of an offence.
4
Any distributor who fails to comply with Article 11(3) or (4) of Regulation 648/2004 is guilty of an offence.
Derogation
8
1
A manufacturer who applies for a derogation under Article 5 of Regulation 648/2004 must do so in accordance with that Article and the Commission Recommendation.
2
The tests referred to in Annex IV of Regulation 648/2004 must be carried out on the basis of a tiered approach in accordance with the Commission Recommendation and must accompany an application for derogation.
3
A fee is payable to the competent authority for each application for derogation.
4
The fee for an application described in column 1 of Schedule 1 is that specified in the corresponding entry in column 2 of that Schedule.
Prohibition on the sale of certain detergents
9
It is an offence to place on the market a detergent intended for use in domestic laundry if the weight of phosphorus in inorganic phosphate contained in the detergent is greater than 0.4% of the weight of the detergent.
Enforcement
10
The enforcement authorities specified in the table in Schedule 2 must enforce under these Regulations the provisions of Regulation 648/2004 for which they are specified.
Enforcement notices
11
1
This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a contravention of regulation 6, 7 or 9 or of a directly applicable provision of Regulation 648/2004 in relation to a controlled product.
2
The authorised officer may serve a notice in writing on one or more of the following persons —
a
the manufacturer of the controlled product;
b
the owner of the controlled product;
c
any person appearing to be in possession or charge of the controlled product.
3
A notice served under paragraph (2) must specify —
a
the basis upon which the authorised officer has reached the opinion;
b
the action required to be taken by the person upon whom the notice is served; and
c
the period within which such action must be taken.
4
The action specified in accordance with paragraph (3)(b) —
a
must be action that will either —
i
remedy the failure to comply, where the failure is capable of being remedied; or
ii
permit the controlled product to be made available to third parties in such a state and manner that there would have been no contravention of these Regulations had it been placed on the market in that state and manner; and
b
may include one or more of the following —
i
recovery of the controlled product from the market in the United Kingdom;
ii
where the controlled product had been imported into the United Kingdom, exportation of the controlled product from the United Kingdom;
iii
disposal of the controlled product; and
iv
disposal of anything treated with the controlled product.
5
The period specified in accordance with paragraph (3)(c) must not be less than 14 days, except in an emergency.
6
Any person who fails to comply with the provisions of a notice served under paragraph (2) (or who causes or permits another person to do so) is guilty of an offence.
Seizure and disposal of contravening products
12
1
This regulation applies where an authorised officer has come to the opinion on reasonable grounds that there has been a failure to comply with regulations 6, 7 or 9 or a directly applicable provision of Regulation 648/2004 in relation to a controlled product.
2
An authorised officer may seize a controlled product and may dispose of it.
3
An authorised officer may seize anything treated with the controlled product and may dispose of it.
4
Before taking any action under paragraph (2) or (3), the authorised officer must serve notice of intention to do so on the person appearing to the authorised officer to be in possession or charge of the controlled product.
5
Any notice under paragraph (4) must specify —
a
the basis upon which the authorised officer has reached the opinion;
b
the action required to be taken by the person upon whom the notice is served; and
c
the period after which the authorised officer intends to take the action in question.
6
The period specified in accordance with paragraph (5)(c) must not be less than 7 days, except in an emergency.
Power of entry
13
An authorised officer may, at all reasonable hours, enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether there is or has been on the premises any contravention, or any evidence of a contravention of regulations 6, 7 or 9 or of a directly applicable provision of Regulation 648/2004 in relation to a controlled product.
Issue of warrants authorising entry to premises in England and Wales
14
1
If a justice of the peace is satisfied on sworn information in writing that there is a reasonable ground for entry into any premises in England and Wales (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice of the peace may by warrant authorise an authorised officer to enter the premises in accordance with the warrant, and, if need be, by reasonable force.
2
Every warrant granted under paragraph (1) continues in force for a period of one month.
Issue of warrants authorising entry to premises in Scotland
15
1
If a sheriff, magistrate or justice of the peace is satisfied on sworn evidence that there is reasonable ground for entry into any premises in Scotland (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the sheriff, magistrate or justice of the peace may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.
2
Every warrant granted under paragraph (1) continues in force for a period of one month.
Issue of warrants authorising entry to premises in Northern Ireland
16
1
If a lay magistrate is satisfied on sworn complaint in writing that there is reasonable ground for entry into any premises in Northern Ireland (excluding premises used only as a dwelling) for any such purpose mentioned in regulation 13 and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the lay magistrate may by warrant authorise an authorised officer to enter the premises in accordance with the warrant and, if need be, by reasonable force.
2
Every warrant granted under paragraph (1) continues in force for a period of one month.
Power of entry: supplemental
17
An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under regulation 14, 15 or 16 (as the case may be) —
a
must produce evidence of authority if requested to do so;
b
may be accompanied by such other persons as the authorised officer considers necessary; and
c
on leaving any unoccupied premises, or premises from which the occupier is temporarily absent, which the authorised officer has entered under the authority of a warrant, must leave them as effectively secured against unauthorised entry as the authorised officer found them.
Powers of inspection, sampling and seizure
18
1
An authorised officer entering any premises in accordance with regulation 13, or under the authority of a warrant issued under regulation 14, 15 or 16 (as the case may be) may do one or more of the following things —
a
inspect any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;
b
take samples (and, if necessary, send the samples to an approved laboratory for testing) from any substance present on those premises that the authorised officer reasonably suspects to be, or to contain, any controlled product;
c
subject to paragraphs (2) and (3), inspect and take copies of any relevant business records (including electronic records) in whatever form they are held;
d
seize and detain any such records (including electronic records) which the authorised officer has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and
e
take photographs of the premises, or take photographs of any articles on the premises, or both.
2
In relation to premises in England and Wales, the power to inspect relevant business records under paragraph (1)(c) does not extend to material which is either excluded, or special procedure material under sections 11 and 14 of the Police and Criminal Evidence Act 1984 .
3
In relation to premises in Northern Ireland, the power to inspect relevant business records under paragraph (1)(c) does not extend to material which is excluded material or special procedure material under article 13 or 16 of the Police and Criminal Evidence (Northern Ireland) Order 1989 .
Protection of officers acting in good faith
19
1
An authorised officer who acts —
a
in the execution or purported execution of these Regulations; and
b
within the scope of the authorised officer’s employment,
will not be personally liable for that act if it was done in the honest belief that the duty of an authorised officer under these Regulations required or entitled the authorised officer to so act.
2
A person who enters premises with an authorised officer under regulation 17(b) will not be personally liable for any act that was done in the honest belief that a person accompanying an authorised officer under that regulation (“accompanying person”) was required or entitled to so act.
3
Nothing in paragraph (1) or (2) may be construed as relieving the Secretary of State (in the case of an authorised officer appointed by the Secretary of State), or the relevant enforcement authority (in the case of an authorised officer appointed by an enforcement authority designated in regulation 4) from any liability in respect of the acts of the authorised officer or accompanying person.
4
If the Secretary of State or enforcement authority is satisfied that the authorised officer honestly believed that the act complained of was within the scope of the authorised officer’s employment, the Secretary of State or enforcement authority may indemnify the authorised officer against the whole or part of any damages that the authorised officer has been ordered to pay, or any costs which may have been incurred, in any action brought against the authorised officer in respect of an act done —
a
in the execution or purported execution of these Regulations; and
b
outside the scope of the officer’s employment.
Obstruction etc
20
1
Any person who —
a
intentionally obstructs an authorised officer acting in execution of these Regulations;
b
without reasonable cause, fails to give an authorised officer acting in execution of these Regulations any assistance or information which the authorised officer may reasonably require for the purpose of carrying out their functions under these Regulations; or
c
gives to an authorised officer acting in the execution of these Regulations any information which the person knows to be false or misleading,
is guilty of an offence.
2
Nothing in paragraph (1)(b) may be construed as requiring any person to answer any question, or give any information, if to do so might incriminate the person, their spouse or civil partner.
Unlawful disclosure of information contained in datasheets
21
Any person who fails to comply with Article 9(3) of Regulation 648/2004 is guilty of an offence.
Offences due to fault of third person
22
Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act, or default of some other person, that other person will be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Offences by bodies corporate
23
1
If an offence under these Regulations committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on the part of an officer,
the officer, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “officer”, in relation to a body corporate, means —
a
a director, manager, secretary or other similar officer of the body; or
b
a person purporting to act in any such capacity.
3
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of a body corporate.
Offences by partnerships and unincorporated associations
24
1
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association must be brought against the partnership or association in the name of the partnership or association.
2
For the purposes of such proceedings —
a
rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate, and
b
the following provisions apply as they apply in relation to a body corporate —
i
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 ,
ii
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 ,
iii
section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 .
3
A fine imposed on a partnership or unincorporated association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.
4
If an offence under these Regulations committed by a partnership is proved —
a
to have been committed with the consent or connivance of a partner; or
b
to be attributable to any neglect on the part of a partner,
the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In paragraph (4) “partner” includes a person purporting to act as a partner.
6
If an offence under these Regulations committed by an unincorporated association (other than a partnership) is proved —
a
to have been committed with the consent or connivance of an officer of the association; or
b
to be attributable to any neglect on the part of such an officer,
the officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
7
In paragraph (6) “officer”, in relation to an unincorporated association, means —
a
an officer of the association or a member of its governing body, or
b
a person purporting to act in such a capacity.
Defence of due diligence
25
1
In any proceedings for an offence under any provision of these Regulations, it will, subject to paragraph (2), be a defence for the person charged to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence either personally, or by a person under their control.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged will not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where the person has previously appeared before a court in connection with the alleged offence, within one month after that person’s first appearance,
the person has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in their possession.
3
In paragraph (2), any reference to appearing before a court will be construed as including a reference to being brought before a court.
Penalties
26
1
Subject to paragraphs (2) and (3), a person guilty of an offence under these Regulations is liable —
a
on summary conviction to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding three months, or both; or
b
on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or both.
2
A person guilty of an offence under regulation 20(1) (obstruction etc) or 21 (unlawful disclosure of information contained in data sheets) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
A person guilty of an offence under regulation 9 (prohibition on the sale of certain detergents) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
Appeals against notices etc: England and Wales
27
1
This regulation applies in England and Wales only.
2
Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to a magistrates’ court.
3
The procedure on an appeal to a magistrates’ court under paragraph (2) is by way of complaint, and the Magistrates’ Court Act 1980 applies to the proceedings.
4
The period within which an appeal under paragraph (2) may be brought is one month after the date on which the notice was served, and the making of the complaint is deemed for the purposes of this paragraph to be the bringing of the appeal.
5
On an appeal under this regulation, the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may, in the circumstances, think fit.
Appeal against notices etc: Scotland
28
1
This regulation applies to Scotland only.
2
Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to the sheriff.
3
The procedure on an appeal to the sheriff under paragraph (2) is by way of summary application.
4
The period within which an appeal under paragraph (2) may be brought is one month after the date on which the notice was served.
5
On an appeal under this regulation, the sheriff may either cancel or affirm the notice and, if the sheriff affirms the notice, it may be either in its original form, or with such modifications as the sheriff may, in the circumstances, think fit.
Appeal against notices etc: Northern Ireland
29
1
This regulation applies to Northern Ireland only.
2
Any person who is aggrieved by a decision of an authorised officer to serve any notice under these Regulations may appeal to a court of summary jurisdiction.
3
An appeal to a court of summary jurisdiction under paragraph (2) must be initiated by way of notice under Part VII of the Magistrates’ Courts (Northern Ireland) Order 1981 and the provisions of that Part apply accordingly.
4
The period within which an appeal under paragraph (2) may be brought is one month after the date on which the notice was served.
5
On an appeal under this regulation, the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may, in the circumstances, think fit.
Revocation
30
The Detergents Regulations 2005 are revoked.
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th March 2010
We consent
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2010.
2
They come into force on 1st November 2010.
3
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended as follows.
2
In regulation 1(2) (interpretation) —
a
for the definition of “ the Act ” substitute —
“the Act” means the Social Security Contributions and Benefits Act 1992;
;
b
omit the definitions of “child” and “polygamous marriage”;
c
for the definition of “family” substitute —
“family” has the meaning given to it in section 137 of the Act and the General Regulations ;
;
d
for the definition of “income support” substitute —
“income support” means income support under Part 7 of the Act;
;
e
insert the following definitions in the appropriate places —
“cold weather payment” means a payment to meet expenses for heating made out of the social fund under section 138(2) of the Act and these Regulations;”
“winter period” means the period beginning on 1st November in any year and ending on 31st March in the following year.
.
3
For regulation 1A (prescribed description of persons), substitute —
Prescribed description of persons
1A
1
A cold weather payment may be made in the circumstances prescribed by regulation 2 to a person who satisfies the following conditions.
2
The first condition is that, in respect of at least one day during the recorded or the forecasted period of cold weather specified in regulation 2(1)(a), the person has been awarded —
a
state pension credit;
b
income support;
c
an income-based jobseeker’s allowance; or
d
an income-related employment and support allowance.
3
The second condition (which applies only if the person (“P”) falls within paragraph (2)(b), (c) or (d)) is that, in respect of the day to which paragraph (2) relates —
a
P’s family includes a member aged less than 5;
b
where P has been awarded income support, P’s applicable amount includes one or more of the premiums specified in paragraphs 9 to 14 of Part 3 of Schedule 2 to the General Regulations;
c
where P has been awarded a jobseeker’s allowance, P’s applicable amount includes one or more of the premiums specified in paragraphs 10 to 16 of Part 3 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 ;
d
P’s child tax credit includes an individual element referred to in regulation 7(4)(a), (b), (d) or (e) of the Child Tax Credit Regulations 2002 ; or
e
where P has been awarded an employment and support allowance, P’s applicable amount includes —
i
one or more of the premiums specified in paragraphs 5 to 7 of Schedule 4 to the Employment and Support Allowance Regulations 2008 , or
ii
an amount under section 4(2)(b) of the Welfare Reform Act.
4
The third condition (which does not apply to a person who comes with paragraph (3)(a) or (d)) is that the person does not reside in —
a
a care home;
b
an independent hospital;
c
an establishment run by the Abbeyfield Society or by a body corporate or incorporate which is affiliated to that Society; or
d
accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps).
5
In paragraph (4) —
a
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000 , and in Scotland means a care home service as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 ;
b
“independent hospital” —
i
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
ii
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
iii
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.
.
4
In regulation 2 (prescribed circumstances) —
a
in paragraph (1), for “a payment may be made out of the social fund to meet expenses for heating under section 32(2A) of the Act”, substitute “a cold weather payment may be made”;
b
in paragraph (1)(a), for “and (5)” substitute “, (5) and (6)”;
c
for paragraph (5), substitute —
5
Where —
a
a claimant satisfies the conditions in regulation 1A and paragraph (1) in respect of a recorded period of cold weather, and
b
a payment in respect of the recorded period of cold weather does not fall to be made by virtue of paragraph (4), and
c
the claimant does not satisfy the conditions in regulation 1A in respect of the forecasted period of cold weather which is linked to the recorded period of cold weather by an overlap period,
a cold weather payment may be made in respect of that recorded period of cold weather.
;
d
after paragraph (5), add —
6
A cold weather payment may not be made after the end of the period of 26 weeks beginning with the last day of the winter period in which the period of cold weather concerned falls.
.
5
For Schedule 1 (identification of stations and postcode districts), substitute the Schedule set out in Schedule 1 to these Regulations.
6
For Schedule 2 (specified alternative stations), substitute the Schedule set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions
Steve Webb
Minister of State
Department for Work and Pensions
2nd October 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ealing Hospital National Health Service Trust (Establishment) Amendment Order 2010 and shall come into force on 1st March 2010.
2
In this Order —
“the Establishment Order ” means the Ealing Hospital National Health Service Trust (Establishment) Order 1991 ;
“the trust” means the National Health Service trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
for the definition of “ the Act ”, substitute —
“the Act” means the National Health Service Act 2006;
;
b
after the definition of “the Act”, insert —
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or paragraph 2 or 7A of Schedule 1 to, the Act and any service which he has a duty to provide under paragraph 1 or 8 of that Schedule;
; and
c
in the definition of “operational date” for “paragraph 3(1)(e) of Schedule 2 to the Act” substitute “paragraph 5(5) of Schedule 4 to the Act”.
Amendment of article 3 of the Establishment Order
3
In article 3 of the Establishment Order (nature and functions of the trust) —
a
in paragraph (1), for “5(1)(a) of the Act”, substitute “25(1) of the Act”; and
b
for paragraph (2), substitute —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
.
Amendment of article 7 of the Establishment Order
4
In article 7 of the Establishment Order (assistance by health authorities before operational date), omit paragraph (4).
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State
Department of Health
1st February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Exemption from Claiming Retirement Pension) Regulations 2010 and come into force on 2nd November 2010.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
2
In regulation 3 (claims not required for entitlement to benefit in certain cases) , before paragraph (a) insert —
za
in the case of a Category A or B retirement pension, where the beneficiary is a person to whom regulation 3A applies;
.
3
After regulation 3 insert —
Notification that claim not required for entitlement to a Category A or B retirement pension
3A
1
Subject to paragraph (4), this regulation applies to a beneficiary who has received, on or before the day provided for in paragraph (2), a written notification from the Secretary of State that no claim is required for a Category A or B retirement pension.
2
The day referred to in paragraph (1) is —
a
the day which falls 2 weeks before the day on which the beneficiary reaches pensionable age; or
b
such later day as the Secretary of State may consider reasonable in any particular case or class of case.
3
The Secretary of State may give a notification under paragraph (1) only in a case where, on the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age, the beneficiary —
a
is in receipt of an exempt benefit, or would be in receipt of it but for that benefit not being payable as a result of the application of any of the legislation listed in paragraph (7); and
b
is neither entitled to, nor awaiting the determination of a claim for, a non-exempt benefit.
4
Receipt of a written notification under paragraph (1) does not affect the requirement that a beneficiary who —
a
before reaching pensionable age, informs the Secretary of State that they want their entitlement to a Category A or B retirement pension to be deferred in accordance with section 55(3)(a) of the Contributions and Benefits Act ; or
b
after reaching pensionable age, elects to be treated as not having become entitled to either a Category A or B retirement pension in accordance with regulation 2 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 ,
must make a claim in order subsequently to be entitled to a Category A or B retirement pension.
5
For the purposes of paragraph (3)(a), a beneficiary who is in receipt of an exempt benefit includes a beneficiary who —
a
has been awarded such a benefit on or before the day which falls 8 weeks before the day on which the beneficiary reaches pensionable age; and
b
has not yet received the first payment of that benefit.
6
For the purposes of this regulation —
“exempt benefit” means any of the following —
an employment and support allowance;
income support;
a jobseeker’s allowance;
long-term incapacity benefit;
state pension credit; and
“non-exempt benefit” means any of the following —
carer’s allowance;
short-term incapacity benefit;
severe disablement allowance;
widowed mother’s allowance;
widow’s pension.
7
The legislation referred to in paragraph (3)(a) is —
a
section 19 of the Jobseekers Act (circumstances in which a jobseeker’s allowance is not payable);
b
section 20A of that Act (denial or reduction of joint-claim jobseeker’s allowance);
c
regulations made by virtue of any of the following provisions of the Jobseekers Act —
i
section 8(2)(a) (attendance, information and evidence);
ii
section 17A(5)(d) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.);
iii
paragraph 7(1)(a) of Schedule A1 (persons dependent on drugs etc.);
d
regulation 18 of the Social Security (Incapacity for Work) (General) Regulations 1995 (disqualification for misconduct etc.); and
e
regulation 157 of the Employment and Support Allowance Regulations (disqualification for misconduct etc.).
.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
12th July 2010