text:
PART 1 General
Citation, commencement, application and extent
1
These Regulations may be cited as the Cross-Border Mediation (EU Directive) Regulations 2011.
2
Subject to regulations 3 and 4, these Regulations come into force on 20 May 2011.
3
These Regulations apply only where a mediation in relation to a relevant dispute starts on or after 20 May 2011.
4
For the purposes of regulation 3, a mediation starts —
a
except in relation to regulations 16 to 18, on the date of the agreement to mediate that is entered into by the parties and the mediator; and
b
in relation to regulations 16 to 18, on the date mentioned in article 1(3) of the Cross-Border Mediation (Scotland) Regulations 2011 .
5
Part 1 of these Regulations, including this regulation, extends to the whole of the United Kingdom.
6
Part 2 of these Regulations (Mediation Evidence) extends to England and Wales.
7
The remaining Parts of these Regulations have the same extent as the provisions that they amend.
Interpretation
8
In these Regulations —
a
“Mediation Directive” means Directive 2008/52/ EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters ;
b
“cross-border dispute” has the meaning given by article 2 of the Mediation Directive;
c
“mediation” has the meaning given by article 3(a) of the Mediation Directive;
d
“mediation administrator” means a person involved in the administration of the mediation process;
e
“mediation evidence” means evidence arising out of or in connection with a mediation process;
f
“mediation settlement” means the content of a mediation settlement agreement;
g
“mediation settlement agreement” means a written agreement resulting from mediation of a relevant dispute;
h
“mediator” has the meaning given by article 3(b) of the Mediation Directive; and
i
“relevant dispute” means a cross-border dispute that is subject to the Mediation Directive.
PART 2 Mediation Evidence
Mediation Evidence
9
Subject to regulation 10, a mediator or a mediation administrator has the right to withhold mediation evidence in civil and commercial judicial proceedings and arbitration.
10
A court may order that a mediator or a mediation administrator must give or disclose mediation evidence where —
a
all parties to the mediation agree to the giving or disclosure of the mediation evidence;
b
the giving or disclosure of the mediation evidence is necessary for overriding considerations of public policy, in accordance with article 7(1)(a) of the Mediation Directive; or
c
the mediation evidence relates to the mediation settlement, and the giving or disclosure of the mediation settlement is necessary to implement or enforce the mediation settlement agreement.
PART 3 Extension of Time Limits in View of Mediation in Certain Cross-border Disputes - Amendments to Primary Legislation
Amendments to the Prescription Act 1832
11
The Prescription Act 1832 is amended as follows.
12
After section 8, insert —
Exclusion of time because of mediation in certain cross-border disputes
8A
1
In this section —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters;
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive;
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive;
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Where a period is prescribed by this Act in relation to the subject of the whole or part of a relevant dispute, any time after the start of a mediation in relation to the relevant dispute is to be excluded in the computation of that period, but only if —
a
the time when the period must end by virtue of section 4 falls before the mediation ends or less than eight weeks after it ends, or
b
a further mediation in relation to the relevant dispute starts less than eight weeks after the previous mediation ends, and the time when the period must end by virtue of section 4 falls before the further mediation ends or less than eight weeks after it ends.
3
Any time excluded under subsection (2) is also to be excluded in the computation of the second period of three years mentioned in section 8 (period within which claim is resisted).
4
For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
5
For the purposes of this section, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute;
b
a party completes the notification of the other parties that it has withdrawn from the mediation;
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator;
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
6
For the purpose of subsection (5), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
7
In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
Amendments to the Equal Pay Act 1970
13
1
The Equal Pay Act 1970 is amended as follows.
2
The amendments have effect until section 2ZA of that Act (which is repealed by the Equality Act 2010 ) ceases to have effect for all purposes.
14
In section 2ZA(qualifying date under section 2(4)) after subsection (7) insert —
8
Subsections (3) to (7) are subject to section 2ZAA.
.
15
After section 2ZA, insert —
Extension of time limits because of mediation in certain cross-border disputes
2ZAA
1
In this section —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive,
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive, and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Subsection (3) applies where —
a
in relation to the whole or part of a relevant dispute, the qualifying date for instituting proceedings is determined in accordance with section 2ZA,
b
a mediation in relation to the relevant dispute starts on or before the qualifying date, and
c
if not extended by this section, the qualifying date would fall before the mediation ends or before the last day of the period of eight weeks after it ends.
3
The qualifying date is instead the last day of that period (subject to paragraph (4)).
4
If a qualifying date has been extended by this section, subsections (2) and (3) apply to the extended qualifying date as they apply to a qualifying date mentioned in subsection (2)(a).
5
For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
6
For the purposes of this section, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute,
b
a party completes the notification of the other parties that it has withdrawn from the mediation,
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
7
For the purpose of subsection (6), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
8
In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
.
Amendments to the Prescription and Limitation (Scotland) Act 1973 Act
16
The Prescription and Limitation (Scotland) Act 1973 is amended in accordance with regulations 17 and 18.
17
In section 22A , after subsection (4) insert —
5
The prescriptive period calculated in relation to a relevant cross-border dispute for the purposes of this section is extended where the last day of the period would, apart from this subsection, fall —
a
in the eight weeks after the date that a mediation in relation to the dispute ends;
b
on the date that a mediation in relation to the dispute ends, or
c
after the date when all of the parties to the dispute agree to participate in a mediation in relation to the dispute but before the date that such mediation ends.
6
Where subsection (5) applies, the prescriptive period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.
7
For the purposes of subsections (5) and (6), a mediation ends on the date that any of the following occurs —
a
all of the parties reach an agreement in resolution of the dispute;
b
all of the parties agree to end the mediation;
c
a party withdraws from the mediation, which is the date on which —
i
a party informs all of the other parties of that party’s withdrawal,
ii
in the case of a mediation involving 2 parties, 14 days expire after a request made by one party to the other party seeking confirmation of whether the other party has withdrawn, if the other party does not respond in that period, or
iii
in the case of a mediation involving more than 2 parties, a party informs all of the remaining parties that the party received no response in the 14 days after that party’s request to another party seeking confirmation of whether the other party had withdrawn; or
d
a period of 14 days expires after the date on which the mediator’s tenure ends (whether by reason of death, resignation or otherwise), if a replacement mediator has not been appointed.
8
In this section —
“the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 st May 2008 on certain aspects of mediation in civil and commercial matters;
“mediation” and “mediator” have the meanings given by Article 3 of the Directive; and
“relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive —
which is about an obligation to which a prescriptive period applies by virtue of this section, and
to which the Directive applies.
.
18
After section 22CA insert —
22CB
Extension of limitation periods for 1987 Act actions: mediation
1
The limitation period calculated in relation to a relevant cross-border dispute for the purposes of section 22B(2) or 22C(2) is extended where the last day of the period would, apart from this subsection, fall —
a
in the 8 weeks after the date that a mediation in relation to the dispute ends;
b
on the date that a mediation in relation to the dispute ends; or
c
after the date when all of the parties to the dispute agree to participate in a mediation in relation to the dispute but before the date that such mediation ends.
2
Where subsection (1) applies, the limitation period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.
3
For the purposes of this section, a mediation ends on the date that any of the following occurs —
a
all of the parties reach an agreement in resolution of the dispute;
b
all of the parties agree to end the mediation;
c
a party withdraws from the mediation, which is the date on which —
i
a party informs all of the other parties of that party’s withdrawal,
ii
in the case of a mediation involving 2 parties, 14 days expire after a request made by one party to the other party seeking confirmation of whether the other party has withdrawn, if the other party does not respond in that period, or
iii
in the case of a mediation involving more than 2 parties, a party informs all of the remaining parties that the party received no response in the 14 days after that party’s request to another party seeking confirmation of whether the other party had withdrawn; or
d
a period of 14 days expires after the date on which the mediator’s tenure ends (whether by reason of death, resignation or otherwise), if a replacement mediator has not been appointed.
4
In this section —
“the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 st May 2008 on certain aspects of mediation in civil and commercial matters;
“mediation” and “mediator” have the meanings given by Article 3 of the Directive; and
“relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive —
which is about a matter to which a limitation period applies by virtue of section 22B or 22C, and
to which the Directive applies.
.
Amendments to the Sex Discrimination Act 1975
19
1
Part 7 of the Sex Discrimination Act 1975 is amended as follows.
2
The amendments have effect until section 76 of that Act (which is repealed by the Equality Act 2010 ) ceases to have effect for all purposes.
20
In section 76 (period within which proceedings to be brought), before subsection (5) insert —
4A
The time limits set by subsection (1) are subject to section 76ZA.
21
After section 76, insert —
Extension of time limits because of mediation in certain cross-border disputes
76ZA
1
In this section —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive,
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive, and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Subsection (3) applies where —
a
a period is allowed by section 76(1)(a) for a complaint in relation to the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the period expires, and
c
if not extended by this section the period would expire before the mediation ends or less than four weeks after it ends.
3
The period expires instead at the end of four weeks after the mediation ends (subject to subsection (4)).
4
If a period mentioned in subsection (2)(a) has been extended by this section, subsections (2) and (3) apply to the extended period as they apply to a period mentioned in subsection (2)(a).
5
Subsection (6) applies where —
a
a period is allowed by section 76(2) for a complaint or claim in relation to the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the period expires, and
c
if not extended by this section, the period would expire before the mediation ends or less than eight weeks after it ends.
6
The period expires instead at the end of eight weeks after the mediation ends (subject to subsection (7).
7
If a period mentioned in subsection (5)(a) has been extended by this section, subsections (5) and (6) apply to the extended period as they apply to a period mentioned in subsection (5)(a).
8
For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
9
For the purposes of this section, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute,
b
a party completes the notification of the other parties that it has withdrawn from the mediation,
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
10
For the purpose of subsection (9), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
11
In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
.
Amendments to the Limitation Act 1980
22
The Limitation Act 1980 is amended as follows.
23
In section 10(5) (special time limit for claiming contribution), after “32”, insert “, 33A”.
24
In section 12(3) (special time limit for actions under Fatal Accidents legislation), after “33”, insert “, 33A”.
25
In section 33(8) (discretionary exclusion of time limit for actions in respect of personal injuries or death), for “preceding provisions of this Part of this Act”, substitute “provisions of this Part of this Act other than this section”.
26
After section 33, insert —
Mediation in certain cross-border disputes
Extension of time limits because of mediation in certain cross-border disputes
33A
1
In this section —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive,
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive, and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Subsection (3) applies where —
a
a time limit under this Act relates to the subject of the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the time limit expires, and
c
if not extended by this section, the time limit would expire before the mediation ends or less than eight weeks after it ends.
3
For the purposes of initiating judicial proceedings or arbitration, the time limit expires instead at the end of eight weeks after the mediation ends (subject to subsection (4)).
4
If a time limit has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(a).
5
Where more than one time limit applies in relation to a relevant dispute, the extension by subsection (3) of one of those time limits does not affect the others.
6
For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
7
For the purposes of this section, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute,
b
a party completes the notification of the other parties that it has withdrawn from the mediation,
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,
d
after the parties are notified that the mediator’s appointment has ended (by death, resignation or otherwise), they fail to agree within 14 days to seek to appoint a replacement mediator,
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
8
For the purpose of subsection (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
9
In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
.
Amendments to the Foreign Limitation Periods Act 1984
27
1
The Foreign Limitation Periods Act 1984 is amended as follows.
28
In section 1(1)(a), after “proceedings” insert “, subject to section 1A”.
29
After section 1, insert —
Extension of limitation periods because of mediation of certain cross-border disputes
1A
1
In this section —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive,
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive, and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Subsection (3) applies where —
a
a limitation period prescribed by any law applicable by virtue of section 1(1)(a) relates to the subject of the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the period expires, and
c
if not extended by this section, the period would expire before the mediation ends or less than eight weeks after it ends.
3
For the purposes of initiating judicial proceedings or arbitration, the limitation period expires instead at the end of eight weeks after the mediation ends (subject to subsection (4)).
4
If a limitation period has been extended by this section, subsections (2) and (3) apply to the extended limitation period as they apply to a limitation period mentioned in subsection (2)(a).
5
For the purposes of this section, mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
6
For the purposes of this section, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute,
b
a party completes the notification of the other parties that it has withdrawn from the mediation,
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,
d
after the parties are notified that the mediator’s appointment has ended (by death, resignation or otherwise), they fail to agree within 14 days to seek to appoint a replacement mediator,
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
7
For the purpose of subsection (6), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
8
In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
9
This section is without prejudice to any enactment which has effect for the purposes of provisions —
a
relating to limitation or prescription periods and
b
contained in an international agreement to which the United Kingdom is a party.
.
Amendments to the Employment Rights Act 1996
30
The Employment Rights Act 1996 is amended as follows.
31
In section 11 after subsection (4) insert —
5
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (4)(a).
.
32
In section 23 after subsection (3) insert —
3A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2).
33
In section 34 after subsection (2) insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
34
In section 48 after subsection (4) insert —
4A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (3)(a).
.
35
In section 51 after subsection (2) insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
36
In section 54 after subsection (2) insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
37
In section 57 after subsection (2) insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (3)(a).
.
38
In section 57B after subsection (2) insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
39
In section 60 after subsection (2), insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
40
In section 63 after subsection (2), insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
41
In section 63C after subsection (2) insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
42
In section 63I after subsection (6) insert —
7
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies to subsection (5)(a).
.
43
In section 70 after subsection (7) insert —
8
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsections (2)(a) and (5)(a).
.
44
In section 80 after subsection (2) insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
45
In section 80H after subsection (6) insert —
7
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (5)(a).
.
46
In section 111 after subsection (2) insert —
2A
Section 207A(3) (extension because of mediation in certain European cross-border disputes) applies for the purposes of subsection (2)(a).
.
47
In section 164 after subsection (3), insert —
4
Subsections (1)(c) and (2) are subject to section 207A (extension because of mediation in certain European cross-border disputes).
.
48
After section 207, insert —
Mediation in certain cross-border disputes
Extension of time limits because of mediation in certain cross-border disputes
207A
1
In this section —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive,
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive, and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Subsection (3) applies where —
a
this Act provides for that subsection to apply for the purposes of a provision of this Act,
b
a time limit is set by that provision in relation to the whole or part of a relevant dispute,
c
a mediation in relation to the relevant dispute starts before the time limit expires, and
d
if not extended by this section, the time limit would expire before the mediation ends or less than four weeks after it ends.
3
The time limit expires instead at the end of four weeks after the mediation ends (subject to subsection (4)).
4
If a time limit mentioned in subsection (2)(b) has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(b).
5
Subsection (6) applies where —
a
a time limit is set by section 164(1)(c) or (2) in relation to the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the time limit expires, and
c
if not extended by this section, the time limit would expire before the mediation ends or less than eight weeks after it ends.
6
The time limit expires instead at the end of eight weeks after the mediation ends (subject to subsection (7)).
7
If a time limit mentioned in subsection (5)(a) has been extended by this section, subsections (5) and (6) apply to the extended time limit as they apply to a time limit mentioned in subsection (5)(a).
8
Where more than one time limit applies in relation to a relevant dispute, the extension by subsection (3) or (6) of one of those time limits does not affect the others.
9
For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
10
For the purposes of this section, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute,
b
a party completes the notification of the other parties that it has withdrawn from the mediation,
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
11
For the purpose of subsection (10), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
12
In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
13
Where an employment tribunal has power under this Act to extend a time limit to which subsection (3) applies, the power is exercisable in relation to the time limit as extended by this section.
.
Amendments to the Land Registration Act 2002
49
Schedule 6 to the Land Registration Act 2002 is amended as follows.
50
In paragraph 1(1), at the beginning insert “Subject to paragraph 16,”.
51
In paragraph 1(2), at the beginning insert “Subject to paragraph 16,”.
52
After paragraph 6(1), insert —
1A
Sub-paragraph (1) is subject to paragraph 16,
.
53
After paragraph 15, insert —
Extension of time limits because of mediation in certain cross-border disputes
16
1
In this paragraph —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive,
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive, and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Sub-paragraph (3) applies where —
a
a period of time is prescribed by paragraph 1(1), 1(2)(a) or 6(1) in relation to the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the period expires, and
c
if not extended by this paragraph, the period would expire before the mediation ends or less than eight weeks after it ends.
3
The period expires instead at the end of eight weeks after the mediation ends (subject to sub-paragraph (4)).
4
If a period has been extended by this paragraph, sub-paragraphs (2) and (3) apply to the extended period as they apply to a period mentioned in sub-paragraph (2)(a).
5
Where more than one period applies in relation to a relevant dispute, the extension by sub-paragraph (3) of one of those periods does not affect the others.
6
For the purposes of this paragraph, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
7
For the purposes of this paragraph, a mediation ends on date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute,
b
a party completes the notification of the other parties that it has withdrawn from the mediation,
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
8
For the purpose of sub-paragraph (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
9
In the case of any relevant dispute, references in this paragraph to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
.
Amendments to the Equality Act 2010
54
Part 9 of the Equality Act 2010 is amended as follows.
55
In section 118(1), at the beginning insert “Subject to section 140A”.
56
In section 123(1), at the beginning insert “Subject to section 140A”.
57
In section 129(3), after “second column”, insert “, subject to section 140A”.
58
After section 140, insert —
Extension of time limits because of mediation in certain cross-border disputes
140A
1
In this section —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive,
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive, and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Subsection (3) applies where —
a
a time limit is set by section 118(1)(a), 118(2) or 129(3) in relation to the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the time limit expires, and
c
if not extended by this section, the time limit would expire before the mediation ends or less than eight weeks after it ends.
3
The time limit expires instead at the end of eight weeks after the mediation ends (subject to subsection (4)).
4
If a time limit mentioned in subsection (2)(a) has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(a).
5
Subsection (6) applies where —
a
a time limit is set by section 123(1)(a) in relation to the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the time limit expires, and
c
if not extended by this section the time limit would expire before the mediation ends or less than four weeks after it ends.
6
The time limit expires instead at the end of four weeks after the mediation ends (subject to subsection (7)).
7
If a time limit mentioned in subsection (5)(a) has been extended by this section, subsections (5) and (6) apply to the extended time limit as they apply to a time limit mentioned in subsection (5)(a).
8
Where more than one time limit applies in relation to a relevant dispute, the extension by subsection (3) or (6) of one of those time limits does not affect the others.
9
For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
10
For the purposes of this section, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute,
b
a party completes the notification of the other parties that it has withdrawn from the mediation,
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
11
For the purpose of subsection (10), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
12
In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
13
Where a court or tribunal has power under section 118(1)(b) or 123(1)(b) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this section.
.
PART 4 Extension of Time Limits in View of Mediation in Certain Cross-border Disputes - Amendments to Secondary Legislation
Amendments to the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
59
The Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 is amended as follows.
60
In article 7 , for “An employment tribunal”, substitute “Subject to article 8A, an employment tribunal”.
61
In article 8 , for “An employment tribunal”, substitute “Subject to article 8A, an employment tribunal”.
62
After article 8, insert —
Extension of time limits because of mediation in certain cross-border disputes
8A
1
In this article —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters;
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive;
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive; and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Paragraph (3) applies where —
a
a time limit is set by article 7(a) or (b) in relation to the whole or part of a relevant dispute;
b
a mediation in relation to the relevant dispute starts before the time limit expires; and
c
if not extended by this article, the time limit would expire before the mediation ends or less than four weeks after it ends.
3
The time limit expires instead at the end of four weeks after the mediation ends (subject to paragraph (4)).
4
If a time limit mentioned in paragraph (2)(a) has been extended by this article, paragraphs (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in paragraph (2)(a).
5
Paragraph (6) applies where —
a
a time limit is set by article 8(c)(i) in relation to the whole or part of a relevant dispute;
b
a mediation in relation to the relevant dispute starts before the time limit expires; and
c
if not extended by this article the time limit would expire before the mediation ends or less than two weeks after it ends.
6
The time limit expires instead at the end of two weeks after the mediation ends (subject to paragraph (7)).
7
If a time limit mentioned in paragraph (5)(a) has been extended by this article, paragraphs (5) and (6) apply to the extended time limit as they apply to a time limit mentioned in paragraph (5)(a).
8
Where more than one time limit applies in relation to a relevant dispute, the extension by paragraph (3) or (6) of one of those time limits does not affect the others.
9
For the purposes of this article, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
10
For the purposes of this article, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute;
b
a party completes the notification of the other parties that it has withdrawn from the mediation;
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator; or
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
11
For the purpose of paragraph (10), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
12
In the case of any relevant dispute, references in this article to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
13
Where the tribunal has the power under article 7(c) or 8(c)(ii) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this article.
.
Amendments to the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994
63
1
The Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994 is amended as follows.
64
In article 7 , for “An employment tribunal”, substitute “Subject to article 8A, an employment tribunal”.
65
In article 8 , for “An employment tribunal”, substitute “Subject to article 8A, an employment tribunal”.
66
After article 8, insert —
Extension of time limits because of mediation in certain cross-border disputes
8A
1
In this article —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters;
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive; and
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive; and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Paragraph (3) applies where —
a
a time limit is set by article 7(a) or (b) in relation to the whole or part of a relevant dispute;
b
a mediation in relation to the relevant dispute starts before the time limit expires; and
c
if not extended by this article, the time limit would expire before the mediation ends or less than four weeks after it ends.
3
The time limit expires instead at the end of four weeks after the mediation ends (subject to paragraph (4)).
4
If a time limit mentioned in paragraph (2)(a) has been extended by this article, paragraphs (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in paragraph (2)(a).
5
Paragraph (6) applies where —
a
a time limit is set by article 8(c)(i) in relation to the whole or part of a relevant dispute;
b
a mediation in relation to the relevant dispute starts before the time limit expires; and
c
if not extended by this article, the time limit would expire before the mediation ends or less than two weeks after it ends.
6
The time limit expires instead at the end of two weeks after the mediation ends (subject to paragraph (7)).
7
If a time limit mentioned in paragraph (5)(a) has been extended by this article, paragraphs (5) and (6) apply to the extended time limit as they apply to a time limit mentioned in paragraph (5)(a).
8
Where more than one time limit applies in relation to a relevant dispute, the extension by paragraph (3) or (6) of one of those time limits does not affect the others.
9
For the purposes of this article, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
10
For the purposes of this article, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute;
b
a party completes the notification of the other parties that it has withdrawn from the mediation;
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator; or
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
11
For the purpose of paragraph (10), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
12
In the case of any relevant dispute, references in this article to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
13
Where the tribunal has the power under article 7(c) or 8(c)(ii) to extend a period of limitation, the power is exercisable in relation to the period of limitation period as extended by this article.
.
Amendments to the Working Time Regulations 1998
67
1
The Working Time Regulations 1998 are amended as follows.
68
In regulation 30(2) (Remedies), for “An employment tribunal”, substitute “Subject to article 30A, an employment tribunal”.
69
After regulation 30, insert —
Extension of time limits because of mediation in certain cross-border disputes
30A
1
In this regulation —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters;
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive;
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive; and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Paragraph (3) applies where —
a
a three month time limit is set by regulation 30(2) in relation to the whole or part of a relevant dispute;
b
a mediation in relation to the relevant dispute starts before the period expires; and
c
if not extended by this regulation, the time limit would expire before the mediation ends or less than four weeks after it ends.
3
The time limit expires instead at the end of four weeks after the mediation ends (subject to paragraph (4)).
4
If a time limit mentioned in paragraph (2)(a) has been extended by this article, paragraphs (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in paragraph (2)(a).
5
Where more than one time limit applies in relation to a relevant dispute, the extension by paragraph (3) of one of those time limits does not affect the others.
6
For the purposes of this regulation, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
7
For the purposes of this regulation, a mediation ends on the date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute;
b
a party completes the notification of the other parties that it has withdrawn from the mediation;
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator; or
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
8
For the purpose of paragraph (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
9
In the case of any relevant dispute, references in this regulation to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
10
Where the tribunal has the power under regulation 30(2)(b) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this regulation.
.
Amendments to the Land Registration Rules 2003
70
Schedule 8 to the Land Registration Rules 2003 is amended as follows.
71
In paragraph 1(1), for “A person”, substitute “Subject to paragraph 13, a person”.
72
After paragraph 6(1), insert —
1A
Sub-paragraph (1) is subject to paragraph 13,
.
73
After paragraph 12, insert —
Extension of time limits because of mediation in certain cross-border disputes
13
1
In this paragraph —
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters;
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive;
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive; and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Sub-paragraph (3) applies where —
a
a period of time is prescribed by paragraphs 1(1) or 6(1) in relation to the whole or part of a relevant dispute;
b
a mediation in relation to the relevant dispute starts before the period expires; and
c
if not extended by this paragraph, the period would expire before the mediation ends or less than eight weeks after the mediation ends.
3
The period expires instead at the end of eight weeks after the mediation ends (subject to sub-paragraph (4)).
4
If a period mentioned in sub-paragraph (2)(a) has been extended by this paragraph, sub-paragraphs (2) and (3) apply to the extended period as they apply to a period mentioned in sub-paragraph (2)(a).
5
Where more than one period applies in relation to a relevant dispute, the extension by sub-paragraph (3) of one of those periods does not affect the others.
6
For the purposes of this paragraph, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
7
For the purposes of this paragraph, a mediation ends on date of the first of these to occur —
a
the parties reach an agreement in resolution of the relevant dispute;
b
a party completes the notification of the other parties that it has withdrawn from the mediation;
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request;
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator; or
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
8
For the purpose of sub-paragraph (7), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
9
In the case of any relevant dispute, references in this paragraph to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.
.
Signed by authority of the Secretary of State
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
18th April 2011


type: legislation

jurisdiction: UK

text:
PART 1 General
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 and shall come into force on 25th April 2011.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Jobseekers Act 1995;
“claimant” means a person who claims a jobseeker’s allowance, except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance, it means either or both of the members of the couple;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Renewal Grants Regulations ” means the Housing Renewal Grants Regulations 1996 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc. ) of the Act known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment;
“the Scheme” means the Mandatory Work Activity Scheme; and
“working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 1971 in England, Wales or Scotland.
2
For the purpose of these Regulations, where a written notice is given by sending it by post is taken to have been received on the second working day after posting.
PART 2 Selection for and participation in the Mandatory Work Activity Scheme
Selection for participation in the Scheme
3
1
The Secretary of State may select a claimant who is aged at least 18 for participation in the Scheme.
2
Only a claimant who is required to meet the jobseeking conditions may be required to participate in the Scheme.
Requirement to participate and notification
4
1
Subject to regulation 5, a claimant (“C”) selected under regulation 3 is required to participate in the Scheme where the Secretary of State gives C a notice in writing complying with paragraph (2).
2
The notice must specify —
a
that C is required to participate in the Scheme;
b
the day on which C’s participation will start;
c
that C’s participation will be for four weeks;
d
details of what C is required to do by way of participation in the Scheme;
e
that the requirement to participate in the Scheme will continue until C is given notice by the Secretary of State that C’s participation is no longer required, or C’s award of jobseeker’s allowance terminates, whichever is earlier;
f
information about the consequences of failing to participate in the Scheme.
3
Any changes made to the requirements mentioned in paragraph (2)(d) after the date on which C’s participation starts must be notified to C in writing.
Circumstances in which requirement to participate in the Scheme ceases to apply
5
1
A requirement to participate in the Scheme ceases to apply to a claimant (“C”) if —
a
the Secretary of State gives C notice in writing that C is no longer required to participate in the Scheme, or
b
C’s award of jobseeker’s allowance terminates,
whichever is earlier.
2
The requirement ceases to apply on the day specified in the notice.
PART 3 Sanctions
Failure to participate in the Scheme
6
A claimant (“C”) is to be regarded as having failed to participate in the Scheme in accordance with these Regulations where C fails to comply with any requirement notified under regulation 4.
Good cause
7
1
A claimant (“C”) who fails to participate in the Scheme must show good cause for that failure within 5 working days of the date on which the Secretary of State notifies C of the failure.
2
The Secretary of State must determine whether C has failed to participate in the Scheme and, if so, whether C has shown good cause for that failure.
3
In deciding whether C has shown good cause for the failure, the Secretary of State must take account of all the circumstances of the case, including in particular C’s physical or mental health or condition.
Consequences of failure to participate in the Scheme
8
1
Where the Secretary of State determines that a claimant (“C”) has failed to participate in the Scheme, and C has not shown good cause for the failure in accordance with regulation 7, the appropriate consequence for the purpose of section 17A of the Act is as follows.
2
In the case of a jobseeker’s allowance other than a joint-claim allowance, the appropriate consequence is that C’s allowance is not payable for the period specified in paragraph (4) or (5) (“the specified period”).
3
In the case of a joint-claim jobseeker’s allowance, the appropriate consequence is that C is to be treated as subject to sanctions for the purposes of section 20A of the Act (denial or reduction of a joint-claim jobseeker’s allowance) for the specified period.
4
The period is 13 weeks in a case which does not fall within paragraph (5).
5
The period is 26 weeks where —
a
on a previous occasion the Secretary of State determined that C’s jobseeker’s allowance was not payable or was payable at a lower rate because C failed without good cause to participate in the Scheme (“the first determination”); and
b
a subsequent determination is made not more than 12 months after the date on which the first determination took effect.
6
The specified period begins —
a
where, in accordance with regulation 26A(1) of the Social Security (Claims and Payments) Regulations 1987 , C’s jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and
b
in any other case, on the first day of the benefit week following the date on which C’s jobseeker’s allowance is determined not to be payable or to be payable at a lower rate.
7
In this regulation “benefit week” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations.
PART 4 Hardship
Hardship
9
1
This paragraph applies to a claimant (“C”) if, during the period in which C’s jobseeker’s allowance is not payable by virtue of regulation 8(2), C is a person in hardship within the meaning of regulation 140(1) or (2) (meaning of “person in hardship”) of the Jobseeker’s Allowance Regulations .
2
Regulations 140 to 146 of the Jobseeker’s Allowance Regulations have effect in relation to a person to whom paragraph (1) applies.
3
In regulation 141(6) (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) of the Jobseeker’s Allowance Regulations insert “regulations made under section 17A (“work for your benefit” schemes etc.),” after “even though”.
Hardship for joint-claim couples
10
1
This paragraph applies to a joint-claim couple if, during the period in which the sanctions referred to in regulation 8(3) apply, they are a couple in hardship within the meaning of regulation 146A(1) or (2) (meaning of “couple in hardship”) of the Jobseeker’s Allowance Regulations .
2
Regulations 146A and 146C to 146H of the Jobseeker’s Allowance Regulations have effect in relation to a couple to whom paragraph (1) applies.
3
In regulation 146C(6) (circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship) of the Jobseeker’s Allowance Regulations insert “regulations made under section 17A (“work for your benefit” schemes etc.),” after “even though”.
PART 5 Consequential amendments
Definitions
11
1
Paragraph (2) applies to the following provisions (which relate to interpretation) —
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Housing Benefit Regulations;
c
regulation 2(1) of the Housing Renewal Grants Regulations;
d
regulation 1(3) of the Jobseeker’s Allowance Regulations.
2
In each of the provisions to which this paragraph applies insert the following definition in the appropriate place —
“the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment;
.
Notional income
12
1
This regulation applies to the following provisions (which relate to notional income) —
a
regulation 32(7) of the Council Tax Benefit Regulations ;
b
regulation 42(7) of the Housing Benefit Regulations ;
c
regulation 31(9A) of the Housing Renewal Grants Regulations ;
d
regulation 105(10A) of the Jobseeker’s Allowance Regulations .
2
In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (ca) —
cb
in respect of a person’s participation in the Mandatory Work Activity Scheme;
.
Notional capital
13
1
This regulation applies to the following provisions (which relate to notional capital) —
a
regulation 39(4) of the Council Tax Benefit Regulations ;
b
regulation 49(4) of the Housing Benefit Regulations ;
c
regulation 38(3A) of the Housing Renewal Grants Regulations ;
d
regulation 113(3A) of the Jobseeker’s Allowance Regulations .
2
In each of the provisions to which this regulation applies insert the following sub-paragraph after sub-paragraph (ba) —
bb
in respect of a person’s participation in the Mandatory Work Activity Scheme;
.
Income to be disregarded
14
1
This regulation applies to the following Schedules (which relate to sums to be disregarded in the calculation of income other than earnings) —
a
Schedule 4 to the Council Tax Benefit Regulations;
b
Schedule 5 to the Housing Benefit Regulations;
c
Schedule 3 to the Housing Renewal Grants Regulations;
d
Schedule 7 to the Jobseeker’s Allowance Regulations.
2
In each Schedule to which this regulation applies insert the following paragraph after paragraph A1. —
A2
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.
.
Capital to be disregarded
15
1
This regulation applies to the following Schedules (which relate to capital to be disregarded) —
a
Schedule 5 to the Council Tax Benefit Regulations;
b
Schedule 6 to the Housing Benefit Regulations;
c
Schedule 4 to the Housing Renewal Grants Regulations;
d
Schedule 8 to the Jobseeker’s Allowance Regulations.
2
In each Schedule to which this regulation applies insert the following paragraph after paragraph A1. —
A2
Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.
.
Further amendments of the Jobseeker’s Allowance Regulations
16
The Jobseeker’s Allowance Regulations are amended as follows —
a
in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply) , insert the words “or under the Mandatory Work Activity Scheme” after “scheme”;
b
in regulation 47(4)(b)(ii) (jobseeking period) insert the words “regulations made under section 17A or by virtue of” before “section 19”;
c
at the end of regulation 53 (persons treated as not engaged in remunerative work) insert —
l
he is participating in the Mandatory Work Activity Scheme.
;
d
in regulation 55(1)(a) (short periods of sickness) before “; and” insert —
or who failed without good cause to comply with regulations made under section 17A
;
e
in regulation 55A(1)(a) (periods of sickness and persons receiving treatment outside Great Britain) before “; and” insert —
or who failed without good cause to comply with regulations made under section 17A
;
f
in regulation 140(1)(f)(i) (meaning of “person in hardship”) , after “case”, insert “or because a jobseeker’s allowance is not payable pursuant to regulations made under section 17A”;
g
in regulation 152(1)(c) (relevant week) , before “section 19” insert “regulations made under section 17A or in accordance with”.
Consequential amendments relating to sanctions
17
1
Paragraph (2) applies to the following provisions —
a
regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit Regulations;
b
regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
c
regulation 3(j) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001 ;
d
regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit Regulations;
e
regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .
2
In each of the provisions to which this paragraph applies insert the words “or regulations made under section 17A” after “section 19 or 20A”.
3
In regulation 5(3)(b) (meaning of “person in hardship”) of the Social Security (Loss of Benefit) Regulations 2001 , after “8” insert “, 17A”.
4
In regulation 8A(5) (credits for unemployment) of the Social Security (Credits) Regulations 1975 , after sub-paragraph (b) insert —
ba
a week in respect of which, because of regulations made under section 17A of that Act, a jobseeker’s allowance was not payable to the person concerned even though he satisfied the conditions for entitlement to that allowance; or
.
Consequential amendments relating to decisions and appeals
18
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 are amended as follows —
a
in regulation 3(6) (revision of decisions) , after “Jobseekers Act” insert the words “, or with regulations made under section 17A of that Act”;
b
in regulation 6(2) (supersession of decisions) , after sub-paragraph (f) insert the following sub-paragraph —
fa
is a decision that a jobseeker’s allowance is payable to a claimant where that allowance ceases to be payable or is reduced by virtue of regulations made under section 17A of the Jobseekers Act;
;
c
after regulation 7(8) (date from which a decision superseded under section 10 takes effect) insert the following paragraph —
8ZA
A decision to which regulation 6(2)(fa) applies shall take effect on the day specified in regulation 8(6)(a) or (b) of the Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011.
.
Consequential amendments relating to the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010
19
The following regulations of the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 are revoked —
a
regulation 10(4) (hardship);
b
regulation 18(b) to (f) (further modifications of the Jobseeker’s Allowance Regulations);
c
regulation 19 (consequential modifications relating to sanctions); and
d
regulation 20(a) and (b) (consequential modifications relating to decisions and appeals).
PART 6 Contracting Out
Contracting out certain functions in relation to the Scheme
20
1
Any functions of the Secretary of State specified in paragraph (2) may be exercised by, or by employees of, such person (if any) as may be authorised by the Secretary of State.
2
The functions are any function under —
a
regulation 4 (requirement to participate and notification);
b
regulation 5(1)(a) (notice that requirement to participate ceases).
Signed by authority of the Secretary of State for Work and Pensions.
Chris Grayling
Minister of State,
Department for Work and Pensions
9th March 2011
We consent
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2011


text:
Citation and commencement
1
This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) (Amendment) Order 2011, and it comes into force on the day after the day on which it is made.
Amendment of transitional and saving provisions in respect of offences committed before 6th April 2010
2
1
Article 7 of the Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010 is amended as follows.
2
In paragraph (2), after “6th April 2010” insert —
; and for these purposes “guidelines” in section 172(2) shall be treated as including definitive sentencing guidelines within the meaning of section 136 of the 2009 Act.
Signed by authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
10th March 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011.
2
These Regulations come into force on 20 th July 2011 and cease to have effect on 1 st April 2015.
Interpretation
2
1
In these Regulations —
“couple” means —
a man and woman who are married to each other and are members of the same household;
a man and woman who are not married to each other but are living together as husband and wife;
two people of the same sex who are civil partners of each other and are members of the same household; or
two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,
and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;
“domestic customer” means an owner or occupier of domestic premises in Great Britain who is supplied with electricity at those premises wholly or mainly for domestic purposes;
“electricity supplier” means a person who holds a licence under section 6(1)(d) of the Electricity Act 1989 ;
“guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002 ;
“information direction” means a direction given by the Secretary of State to an electricity supplier under regulation 9(1) of the WHD Regulations requiring that supplier to provide information to the Secretary of State about its domestic customers;
“microgeneration” has the meaning given by section 26 of the Climate Change and Sustainable Energy Act 2006 ;
“partner” means a member of a couple;
“priority services register”, in relation to an electricity supplier, means the register of the supplier’s domestic customers who are of pensionable age, disabled or chronically sick which the supplier is required to keep by condition 26 of the standard conditions of electricity supply licences as at 1 st May 2011;
“qualifying customer” is to be construed in accordance with regulation 3;
“savings credit” is to be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002;
“scheme year” means a period of 12 months commencing on 1 st April in any of the years 2011 to 2014;
“the WHD Regulations” means the Warm Home Discount Regulations 2011 .
2
In these Regulations references to the Secretary of State, other than the reference in paragraph (1), include a person providing services to the Secretary of State.
Meaning of qualifying customer
3
1
“Qualifying customer”, in relation to an electricity supplier, means a domestic customer of the supplier in respect of whom —
a
the supplier has provided information to the Secretary of State under an information direction by virtue of regulation 4(1);
b
the information so provided is information about that customer on the date specified in the information direction (“the relevant date”); and
c
the condition in paragraph (2) is met.
2
The condition in this paragraph is met if the domestic customer or the customer’s partner is in receipt of a guarantee credit on the relevant date and —
a
neither the customer nor the customer’s partner is in receipt of a savings credit on that date;
b
the relevant date falls within the scheme year beginning on 1 st April 2012 and the customer or the customer’s partner is aged 80 or over on that date;
c
the relevant date falls within the scheme year beginning on 1 st April 2013 and the customer or that customer’s partner is aged 75 or over on that date; or
d
the relevant date falls within the scheme year beginning on 1 st April 2014.
Disclosure of customer information by electricity suppliers
4
1
Subject to paragraph (3), in a scheme year an electricity supplier is authorised to supply the Secretary of State with the information mentioned in paragraph (4) for the purpose of enabling the Secretary of State to determine what information is to be supplied to the supplier by virtue of regulation 5(1) in that scheme year.
2
Subject to paragraph (3), in a scheme year an electricity supplier is also authorised to supply the Secretary of State with the information mentioned in paragraph (4) for the purpose of enabling the Secretary of State to compare, and test arrangements for comparing, that information with information about persons in receipt of state pension credit held by the Secretary of State so as to enable the Secretary of State to determine what information is to be supplied to the supplier by virtue of regulation 5(1) in that or any subsequent scheme year.
3
An electricity supplier is only authorised to supply information in a scheme year by virtue of paragraph (1) or (2) where —
a
the supplier is required to provide information to the Secretary of State under an information direction given to the supplier in that scheme year;
b
the direction requires the information to be provided for a purpose mentioned in one of those paragraphs;
c
the information required to be provided —
i
is specified in the direction, and
ii
is information about the supplier’s domestic customers on the date specified in the direction (“the relevant date”); and
d
where the direction requires the information to be supplied in a particular form, the information is supplied in that form.
4
The information referred to in paragraphs (1) and (2) is —
a
the names and addresses of persons who are domestic customers of the supplier on the relevant date and the meter point administration numbers associated with those domestic customers’ electricity accounts;
b
the names and addresses of any persons appointed to administer the electricity accounts of persons who are domestic customers of the supplier on the relevant date.
Disclosure of social security information by the Secretary of State
5
1
In a scheme year the Secretary of State is authorised to supply an electricity supplier with relevant information in relation to a person whom the Secretary of State believes to be a qualifying customer of that supplier in that scheme year for the purpose of —
a
enabling the Secretary of State to give the supplier a notice under regulation 6(1) of the WHD Regulations specifying the persons to whom the supplier must provide the prescribed rebate in accordance with those Regulations;
b
enabling the supplier to so provide that rebate; and
c
enabling the supplier to offer relevant assistance to that customer.
2
If relevant information about a person whom the Secretary of State believes to be a qualifying customer of an electricity supplier is supplied to that supplier by virtue of paragraph (1), that supplier may use that information for the purpose of —
a
providing the prescribed rebate in accordance with the WHD Regulations;
b
enabling the supplier to offer relevant assistance to that customer.
3
In this regulation —
“relevant assistance” means —
energy efficiency measures, thermal efficiency measures and advice and assistance relating to energy and thermal efficiency;
advice and assistance relating to the generation of electricity or heat produced by microgeneration or the production of heat produced by any plant which relies wholly or mainly on wood as a fuel;
advice and assistance relating to the reduction of energy consumption;
inclusion on the priority services register;
assistance in relation to debt or disconnection;
“relevant information”, in relation to a person, means —
the name, any known alias and address of that person;
the name and any known alias of the partner of that person;
the name and any known alias of any person appointed to act on behalf of that person.
Offences
6
1
A relevant person must not disclose without lawful authority any information supplied to that person or another relevant person by virtue of these Regulations.
2
A person —
a
who is or has been employed by a relevant person,
b
who is or has been engaged —
i
in the provision of services to a relevant person in connection with the carrying out of a relevant function, or
ii
to carry out any relevant function, or to carry out any function in connection with the carrying out of a relevant function, or
c
who is or has been employed by, or who is or has been engaged in the provision of services to, or to carry out a function for, a person mentioned in sub-paragraph (b),
must not disclose without lawful authority any information supplied to a relevant person by virtue of regulations 4 or 5.
3
Subject to paragraph (4), a person who contravenes paragraph (1) or (2) commits an offence.
4
It is not an offence under this regulation —
a
to disclose information in the form of a summary or collection of information so framed as not to enable information supplied by virtue of these Regulations relating to any particular person to be ascertained from it; or
b
to disclose information which has previously been disclosed to the public with lawful authority.
5
It is a defence for a person (“A”) charged with an offence under this regulation to prove that at the time of the alleged offence A had reasonable cause to believe —
a
that A was making the disclosure in question with lawful authority, or
b
that the information in question had previously been disclosed to the public with lawful authority.
6
For the purposes of this regulation, a disclosure is to be regarded as made with lawful authority only if it is made —
a
for the purpose of carrying out a relevant function, or for doing anything connected with the carrying out of a relevant function;
b
for the purpose of managing the account of a domestic customer whose information has been supplied to an electricity supplier by virtue of regulation 5(1);
c
for the prevention or detection of crime;
d
in accordance with any enactment or court order;
e
for the purpose of instituting, or otherwise for the purposes of, proceedings before a court;
f
for a purpose connected with the exercise of functions of the Director of Public Prosecutions or, in Scotland, the Lord Advocate or procurator fiscal;
g
with the consent of the person to whom the information relates or of any person authorised to act on that person’s behalf.
7
A person guilty of an offence under this regulation is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or both.
8
In the application of this regulation in England and Wales, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 , the reference in paragraph (7)(b) to 12 months is to be read as a reference to 6 months.
9
In this regulation “relevant function” means the carrying out of an activity for any of the purposes referred to in regulation 4(1) or (2) or 5(1) or (2).
10
The reference in paragraph (6)(d) to an enactment includes a reference to an Act of the Scottish Parliament, an instrument under an Act of the Scottish Parliament and an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.
Liability of directors etc
7
1
If an offence under regulation 6 committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer of the body, or
b
to be attributable to any neglect on that officer’s behalf,
that officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
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 if that member were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
4
Where an offence under regulation 6 is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or 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 this regulation “Scottish partnership” means a partnership constituted under the law of Scotland.
Revocation
8
The State Pension Credit (Disclosure of Information) (Electricity Suppliers) Regulations 2010 are revoked.
Gregory Barker
Minister of State
Department of Energy and Climate Change
19th July 2011


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Functions (Her Majesty’s Land Registry, the Meteorological Office and Ordnance Survey) Order 2011.
2
This Order comes into force on 9th November 2011.
Interpretation
2
1
For the purposes of this Order, a function is a “former LC function” so far as —
a
it is transferred by article 3(1), or
b
it was entrusted to the Lord Chancellor immediately before 18th July 2011 and has before the making of this Order been entrusted to the Secretary of State for Business, Innovation and Skills.
2
For the purposes of this Order, a function is a “former MoD function” so far as —
a
it is transferred by article 3(2), or
b
it was entrusted to the Secretary of State for Defence immediately before 18th July 2011 and has before the making of this Order been entrusted to the Secretary of State for Business, Innovation and Skills.
3
For the purposes of this Order, a function is a “former DCLG function” so far as it was entrusted to the Secretary of State for Communities and Local Government immediately before 18th July 2011 and has before the making of this Order been entrusted to the Secretary of State for Business, Innovation and Skills.
Transfers of functions
3
1
The functions of the Lord Chancellor under or by virtue of the provisions mentioned in Schedule 1 are transferred to the Secretary of State.
2
The function of the Secretary of State for Defence under article 3 of the Meteorological Office Trading Fund Order 1996 (source of loans) is transferred to the Secretary of State for Business, Innovation and Skills.
Transfers of property, rights and liabilities
4
1
There are transferred to the Secretary of State for Business, Innovation and Skills —
a
all property, rights and liabilities to which the Lord Chancellor is entitled or subject at the coming into force of this Order in connection with any former LC function,
b
all property, rights and liabilities to which the Secretary of State for Defence is entitled or subject at the coming into force of this Order in connection with any former MoD function, other than property, rights and liabilities transferred by paragraph (2), and
c
all property, rights and liabilities to which the Secretary of State for Communities and Local Government is entitled or subject at the coming into force of this Order in connection with any former DCLG function, other than excepted property, rights and liabilities.
2
There are transferred to the Secretary of State for Communities and Local Government —
a
all immovable property to which the Secretary of State for Defence is entitled or subject at the coming into force of this Order in connection with any former MoD function, and
b
all rights and liabilities to which the Secretary of State for Defence is entitled or subject at that time in connection with that property.
3
For the purposes of paragraph (1)(c), “excepted property, rights and liabilities” means —
a
all immovable property to which the Secretary of State for Communities and Local Government is entitled or subject at the coming into force of this Order in connection with any former DCLG function, and
b
all rights and liabilities to which that Secretary of State is entitled or subject at that time in connection with that property.
Supplementary
5
1
This article applies to —
a
a former LC function,
b
a former MoD function,
c
a former DCLG function, and
d
anything transferred by article 4.
2
In this article “the transferor” means —
a
in relation to a former LC function or anything transferred by article 4(1)(a), the Lord Chancellor,
b
in relation to a former MoD function or anything transferred by article 4(1)(b) or (2), the Secretary of State for Defence, and
c
in relation to a former DCLG function or anything transferred by article 4(1)(c), the Secretary of State for Communities and Local Government.
3
In this article “the transferee” means —
a
in relation to a former LC function, a former MoD function, a former DCLG function or anything transferred by article 4(1), the Secretary of State for Business, Innovation and Skills, and
b
in relation to anything transferred by article 4(2), the Secretary of State for Communities and Local Government.
4
This Order does not affect the validity of anything done (or having effect as if done) by or in relation to any of the transferors before the coming into force of this Order.
5
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to anything to which this article applies, be continued by or in relation to the transferee.
6
Anything done (or having effect as if done) by or in relation to the transferor in connection with anything to which this article applies has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the transferee.
7
Documents or forms printed for use in connection with a former LC function, a former MoD function or a former DCLG function may be used in connection with that function even though they contain, or are to be read as containing, references to the transferor; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the transferee.
8
Any enactment or instrument passed or made before the coming into force of this Order has effect —
a
so far as is necessary for the purposes of or in consequence of the transfer to the Secretary of State of any former LC function under article 3(1) as if references to the transferor (and references which are to be read as references to the transferor) were or included references to the Secretary of State, and
b
so far as is necessary for the purposes of or in consequence of —
i
the transfer or entrusting to the transferee of any other former LC function, any former MoD function or any former DCLG function, or
ii
the transfer of anything by article 4,
as if references to the transferor (and references which are to be read as references to the transferor) were or included references to the transferee.
9
In paragraph (8) “instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
10
In paragraphs (4) to (8) references to the transferor include references to the department or an officer of the transferor, and references to the transferee or the Secretary of State are to be read accordingly.
Consequential amendments
6
Schedule 2 has effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) (Amendment) Regulations 2011 and come into force on 1st January 2012.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 2006
2
1
The Education (Information About Individual Pupils) (England) Regulations 2006 are amended as follows.
2
In Part 1 of Schedule 1 (provision of information about individual pupils: all pupils on the school register), for paragraph 19(1) substitute —
1
Whether the pupil normally resides with a person specified in sub-paragraph (2) who is —
a
a person subject to service law by virtue of section 367(1) of the Armed Forces Act 2006 , or
b
a person subject to service law by virtue of section 4(3)(a) of the Visiting Forces (British Commonwealth) Act 1933 ,
and who has been assigned Personal Status Category 1 or 2 (within the meaning of the “Personal Status Category Definitions” document published by the Ministry of Defence on 18th October 2007) by the Secretary of State for Defence.
.
3
In Schedule 2 (provision of information about learning aims of individual pupils) —
a
in paragraph 1(a), omit “in the twelve months preceding that request”;
b
in paragraph 2, omit “and” at the end of sub-paragraph (h), and after sub-paragraph (i) insert —
and
j
postcode for the home where the pupil normally resides.
;
c
at the end of paragraph 4(d), insert “and the result obtained”.
Nick Gibb
Minister of State
Department for Education
26th August 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011.
2
This Order comes into force on 4th April 2011 except for article 5 which comes into force on 5th April 2011.
3
In this Order “ the Act ” means the Equality Act 2010.
Amendment of Schedule 19 to the Act
2
1
Schedule 19 to the Act is amended in accordance with paragraphs (2) and (3).
2
Schedule 1 to this Order (which amends Part 1 of Schedule 19) has effect.
3
After Part 3 (public authorities: relevant Scottish authorities), insert Part 4 set out in Schedule 2 to this Order.
Consequential amendments
3
1
The Act is amended in accordance with paragraphs (2) and (3).
2
In Schedule 26 (amendments) after paragraph 106 of Part 2 , insert —
Housing (Scotland) Act 2006
106A
In section 194(1) of the Housing (Scotland) Act 2006 (interpretation), in the definition of “disabled person”, for “Disability Discrimination Act 1995 (c. 50) ” substitute “Equality Act 2010”.
.
3
In Schedule 27 (repeals and revocations) —
a
before Part 2, insert Part 1A set out in Schedule 3 to this Order;
b
after Part 2, insert Part 3 set out in Schedule 4 to this Order.
4
In consequence of the repeal of sections 19B, 19D and 19E of the Race Relations Act 1976 , in the Nationality, Immigration and Asylum Act 2002 —
a
omit section 6(1) to (4), and
b
in section 84(1)(b), omit “section 19B of the Race Relations Act 1976 (c. 74) or”.
Consequential amendment coming into force on 5th April 2011
5
In paragraph 6 of Schedule 5 to the School Standards and Framework Act 1998 (adjudicators: procedure), for paragraph (a) substitute —
a
section 149 of the Equality Act 2010,
.
Supplementary amendments
6
1
The Act is amended in accordance with paragraphs (2) and (3).
2
In paragraph 20(1)(b) of Part 3 of Schedule 8 (work: limitations on the duty to make reasonable adjustments where there is lack of knowledge of disability, etc. ), for “in any other case referred to in this Part of this Schedule” substitute “in any case referred to in Part 2 of this Schedule”.
3
In paragraph 14(4) of Part 4 of Schedule 17 (disabled pupils: enforcement in relation to exclusions), after “enabling an appeal to be made by” insert “the person or”.
7
In section 27(1) of the Equality Act 2006 (disputes in relation to which the Commission for Equality and Human Rights may make arrangements for the provision of conciliation services), after “section 114” insert “or 116”.
Theresa May
Secretary of State for the Home Department
4th April 2011


text:
Citation and commencement
1
1
These Regulations may be cited as the Pension Protection Fund (Prescribed Payments and Investment Costs – Amendment) Regulations 2011.
2
These Regulations come into force on 1st April 2011.
Amendment of the Pension Protection Fund (Prescribed Payments) Regulations 2008
2
1
The Pension Protection Fund (Prescribed Payments) Regulations 2008 are amended as follows.
2
After regulation 1 (citation and commencement), insert —
Interpretation
1A
In these Regulations —
“the 2004 Act” means the Pensions Act 2004;
“the 2005 Order” means the Pensions (Northern Ireland) Order 2005 .
.
3
In regulation 2 (payments to meet certain costs) —
a
for the words before paragraph (a), substitute —
There is to be paid out of the Pension Protection Fund any sums required for the purposes of meeting expenditure incurred by the Board on —
, and
b
in paragraph (a) —
i
for “Pensions Act 2004”, substitute “2004 Act”, and
ii
for “Pensions (Northern Ireland) Order 2005”, substitute “2005 Order”.
4
After regulation 2 (payments to meet certain costs), insert —
Payments to meet investment costs
3
1
Any sums required for the purposes of meeting expenditure incurred by the Board referred to in paragraphs (2) and (3) are to be paid out of the Pension Protection Fund.
2
The expenditure referred to in this paragraph is any expenditure which is made in connection with —
a
section 113 of the 2004 Act (investment of funds);
b
section 114 of the 2004 Act (investment principles) and any regulations made under that section; and
c
section 134(2)(a) of the 2004 Act or Article 118(2)(a) of the 2005 Order (directions relating to investment).
3
The expenditure referred to in this paragraph is any expenditure —
a
which relates to any investment made, or expected to be made, by —
i
the Board, or
ii
an occupational pension scheme in relation to which there is an assessment period; and
b
which is made in connection with —
i
any other provisions of —
aa
the 2004 Act, except section 111 (supplementary powers) or Part 6 (financial assistance scheme for members of certain pension schemes), or
bb
the 2005 Order, except Article 101(2) (supplementary powers),
and in particular the provisions listed in paragraph (4), or
ii
any provisions of regulations made under the 2004 Act or the 2005 Order.
4
The provisions referred to in paragraph (3)(b)(i) are —
a
section 110 of the 2004 Act or Article 101(1) of the 2005 Order (Board’s functions);
b
section 115 of the 2004 Act (borrowing);
c
sections 174 to 181 of the 2004 Act or Articles 157 to 164 of the 2005 Order (the levies);
d
Chapter 5 of Part 2 of the 2004 Act or Chapter 5 of Part 3 of the 2005 Order (gathering information);
e
Chapter 6 of Part 2 of the 2004 Act or Chapter 6 of Part 3 of the 2005 Order (reviews, appeals and maladministration); and
f
paragraphs 13, 14 and 23(b) of Schedule 5 to the 2004 Act (employees, staff and expenses of the Board).
Payments to meet costs in relation to insolvency
4
1
Any sums required for the purposes of meeting expenditure incurred by the Board referred to in paragraphs (2) and (3) are to be paid out of the Pension Protection Fund.
2
The expenditure referred to in this paragraph is any expenditure made in connection with —
a
section 40(5) to (7) of the 2004 Act (content and effect of a section 38 contribution notice) or Article 36(5) to (7) of the 2005 Order (content and effect of an Article 34 contribution notice);
b
section 49(5) and (6) of the 2004 Act (content and effect of a section 47 contribution notice) or Article 45(5) and (6) of the 2005 Order (content and effect of an Article 43 contribution notice);
c
section 54(5) and (6) of the 2004 Act or Article 50(5) and (6) of the 2005 Order (content and effect of a restoration order);
d
section 56(5) to (7) of the 2004 Act (content and effect of a section 55 contribution notice) or Article 52(5) to (7) of the 2005 Order (content and effect of an Article 51 contribution notice);
e
section 137 of the 2004 Act or Article 121 of the 2005 Order (Board to act as creditor of the employer); and
f
regulation 7A(1)(d) of the Occupational Pension Schemes (Employer Debt) Regulations 2005 or regulation 7A(1)(d) of the Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 2005 (regulated apportionment arrangements).
3
The expenditure referred to in this paragraph is any expenditure —
a
which relates to the recovery of any debt due, or expected to be due, to —
i
the Board, except a debt under section 181(6), 181A(3) or 189(9) of the 2004 Act or Article 164(6), 164A(3) or 171(9) of the 2005 Order (payment of levies to the Board), or
ii
an occupational pension scheme, but only where it would be expected to become a debt due to the Board if the Board assumes responsibility for that scheme in accordance with Chapter 3 of Part 2 of the 2004 Act or Chapter 3 of Part 3 of the 2005 Order (pension protection); and
b
which is made in connection with —
i
any other provisions of —
aa
the 2004 Act, except section 111 or Part 6, or
bb
the 2005 Order, except Article 101(2),
and in particular the provisions listed in paragraph (4), or
ii
any provisions of regulations made under the 2004 Act or the 2005 Order.
4
The provisions referred to paragraph (3)(b)(i) —
a
section 110 of the 2004 Act or Article 101(1) of the 2005 Order;
b
section 134 of the 2004 Act or Article 118 of the 2005 Order (directions);
c
Chapter 5 of Part 2 of the 2004 Act or Chapter 5 of Part 3 of the 2005 Order;
d
Chapter 6 of Part 2 of the 2004 Act or Chapter 6 of Part 3 of the 2005 Order; and
e
paragraphs 13, 14 and 23(b) of Schedule 5 to the 2004 Act.
Payments to meet the costs of transferring UK property, rights and liabilities to the Board
5
Any sums required for the purposes of meeting expenditure incurred by the Board by virtue of section 161(5) of, and paragraphs 1 to 6 of Schedule 6 to, the 2004 Act or Article 145(5) of, and paragraphs 1 to 6 of Schedule 5 to, the 2005 Order (expenditure associated with transfer of property, rights and liabilities to the Board) are to be paid out of the Pension Protection Fund.
Payments to meet supplementary costs
6
1
Subject to paragraph (2), any sums required for the purposes of meeting expenditure incurred by the Board in connection with section 111 of the 2004 Act or Article 101(2) of the 2005 Order are to be paid out of the Pension Protection Fund.
2
Sums are only to be paid in accordance with paragraph (1) where the expenditure referred to in paragraph (1) relates to the exercise of the Board’s functions under the provisions mentioned in paragraph (3).
3
The provisions referred to in paragraph (2) are —
a
the provisions mentioned in regulation 2(a);
b
the provisions listed in regulations 3(2) and 4(2);
c
the provisions to which regulation 3(3)(b) applies, but only to the extent that the functions listed in those provisions relate to any investment made, or expected to be made, by —
i
the Board, or
ii
an occupational pension scheme in relation to which there is an assessment period;
d
the provisions to which regulation 4(3)(b) applies, but only to the extent that the functions listed in those provisions relate to the recovery of any debt due, or expected to be due, to —
i
the Board, except a debt under section 181(6), 181A(3) or 189(9) of the 2004 Act or Article 164(6), 164A(3) or 171(9) of the 2005 Order, or
ii
an occupational pension scheme, but only where it would be expected to become a debt due to the Board if the Board assumes responsibility for that scheme in accordance with Chapter 3 of Part 2 of the 2004 Act or Chapter 3 of Part 3 of the 2005 Order;
e
the provisions mentioned in regulation 5; and
f
the provisions mentioned in section 173(3)(a) to (j) of the 2004 Act (Pension Protection Fund).
.
Revocation of the Pension Protection Fund (Payments to meet Investment Costs) Regulations 2005
3
The Pension Protection Fund (Payments to meet Investment Costs) Regulations 2005 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State,
Department for Work and Pensions
7th March 2011