text:
PART 1 General
Citation and Commencement
1
1
These Regulations may be cited as the Pensions Act 2007 (Abolition of Contracting-out for Defined Contribution Pension Schemes) (Consequential Amendments) Regulations 2011.
2
These Regulations shall come into force —
a
for the purposes of this Part, and Part 2, on 6th April 2012,
b
for the purposes of Part 3, on 6th April 2013, and
c
for the purposes of Part 4, on 6th April 2015.
PART 2 Amendments coming into force on 6th April 2012
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
2
1
The Personal Pension Schemes (Disclosure of Information) Regulations 1987 are amended as follows.
2
In regulation 1(2) (interpretation) , omit the definition of “contracted-out employment”.
3
For regulation 3(4) (constitution of scheme) , substitute —
4
The categories of persons mentioned in paragraphs (1) to (3) are —
a
members of the scheme, and
b
beneficiaries under the scheme.
.
4
For regulation 4(3) (basic information about the scheme) , substitute —
3
The information specified in Schedule 1 shall be given to —
a
members of the scheme, and
b
beneficiaries under the scheme,
on request (not being a request made by a person within 3 years of the last occasion on which the same person was furnished with the information in accordance with paragraph (2) or this paragraph) as soon as practicable after that person requests it.
.
5
In regulation 5 (information to be made available to individuals) —
a
omit paragraphs (6) and (7),
b
in paragraph (8) —
i
omit “the scheme is not an appropriate scheme and”, and
ii
for “wind it up”, substitute “wind up the scheme”,
c
for paragraph (9) substitute —
9
Subject to paragraph (9A), where a scheme ceases to be an appropriate scheme by virtue of section 15(1) of the Pensions Act 2007, the trustees shall —
a
inform each member in relation to whom the scheme has ceased to be such a scheme (“the affected member”), except an excluded person, that the scheme has ceased to be an appropriate scheme, as soon as practicable and in any event not more than 1 month after the abolition date,
b
furnish the affected member, except an excluded person, as soon as practicable and in any event not more than 4 months after the abolition date, with the information mentioned in paragraph 9 of Schedule 2, and
c
where the scheme is unable to meet in full its liabilities to its members, furnish the affected member, except an excluded person, as soon as practicable and in any event not more than 4 months after the abolition date, with the information mentioned in paragraph 8 of Schedule 2.
, and
d
after paragraph (9) insert —
9A
Paragraph (9) does not apply where the trustees have informed the affected member of the abolition date and have furnished the affected member with the information specified in paragraph (9)(b) and, if applicable, paragraph (9)(c), within the period of 12 months ending with the abolition date.
.
6
In Schedule 1 (basic information about the scheme) —
a
omit paragraph 5, and
b
in paragraph 6, for “(if the scheme is an appropriate scheme)” substitute “(if the scheme was an appropriate scheme)”.
7
In Schedule 2 (information to be made available to individuals) —
a
in paragraph 1, for “for the whole or any part of that period” substitute “at any time before the abolition date”,
b
in paragraph 2A —
i
after sub-paragraph (3)(b)(i), add “and”,
ii
omit sub-paragraph (3)(b)(iii), and the word “and” immediately preceding it, and
iii
in sub-paragraph (7)(d), for “sub-paragraphs (3)(b)(iii) and (4)” substitute “sub-paragraph (4)”, and
c
in paragraph 9 —
i
paragraph 9 is renumbered as sub-paragraph (1) of that paragraph, and
ii
after sub-paragraph (1) as so renumbered, add —
2
A statement that, as a result of no longer being a member of a contracted-out scheme, the member may build up entitlement to an additional state pension from the date the scheme ceased to be an appropriate scheme.
.
Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991
3
In regulation 11A (further alternative to short service benefit – transfer to an overseas arrangement) of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 , in paragraph (2) —
a
at the end of sub-paragraph (a), add “and”, and
b
omit sub-paragraph (b), and the word “and” immediately following it.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
4
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended as follows.
2
In regulation 1(2) (interpretation) in the definition of “overseas scheme” omit “or (3)”.
3
In regulation 3(2)(g)(i) (notices by employers of intended election) , omit “whether the employment would be contracted-out by reference to a salary-related or money purchase contracted-out scheme and”.
4
Omit regulation 6(4) (information to be included in an election).
5
In regulation 9(3)(b) (making of elections by employers for the variation or surrender of contracting-out certificates), omit “in the case of a money purchase contracted-out scheme, the protected rights under, or in the case of any other scheme,”.
6
In regulation 10(1)(a) (special provision with regard to elections for the issue, variation or surrender of certificates where the employment remains contracted-out) omit “or for protected rights, as the case may be,”.
7
In regulation 16 (requirement to confirm relevant requirements are satisfied), omit paragraph (1)(b).
8
Omit regulation 30 (further contracting-out requirements for money purchase contracted-out schemes).
9
In regulation 31(3)(a) (deduction of minimum payments from earnings) after “section 42B of the 1993 Act” insert “as it had effect immediately prior to the abolition date”.
10
In regulation 32(1) (minimum payments to be made by employers to trustees) —
a
for “section 8(1)” substitute “section 8(1A)”, and
b
for “employment is contracted-out” substitute “employment was contracted-out”.
11
Omit regulations 39 (circumstances in which schemes may change mode of contracting-out) and 40 (schemes which may not be contracted-out under section 9(3) of the 1993 Act).
12
In regulation 42 (alteration of rules of contracted-out schemes) —
a
in paragraph (1), omit “, (2A)”,
b
omit paragraph (2A), and
c
for paragraph (2B)(c), substitute —
c
otherwise prevent the scheme from satisfying section 9(2) of that Act.
13
In regulation 43 (termination of periods of contracted-out employment) —
a
in paragraph (3)(a)(iii), omit from the words “or, as the case may be” to the end, and
b
in paragraph (5)(a), for the words “, section 9(2B) rights or protected” substitute “or section 9(2B)”.
14
In regulation 45(2) (approval of arrangements for schemes ceasing to be contracted-out) omit “, section 28(2)(b) and (3) of that Act (transfer of protected rights)”.
15
Omit regulation 48(6) (special provision for overseas schemes).
16
In regulation 49 (insolvent schemes) —
a
omit paragraph (3)(a), and
b
for paragraph (4)(a) substitute —
a
in the case of a scheme to which Part 3 of the 2004 Act applies (scheme funding), the cash equivalent of a member’s rights under the scheme shall be determined as if the requirements of section 222(1) of that Act were satisfied;
.
17
In regulation 62(3) (fixed rate revaluation of guaranteed minimum pensions for early leavers) —
a
omit “or section 28 (ways of giving effect to protected rights)”, and
b
for “those provisions” substitute “that provision”.
Revocation of the Protected Rights (Transfer Payment) Regulations 1996
5
The Protected Rights (Transfer Payment) Regulations 1996 are revoked.
Amendment of the Contracting-out (Transfer and Transfer Payments) Regulations 1996
6
1
The Contracting-out (Transfer and Transfer Payments) Regulations 1996 are amended as follows.
2
In regulation 1(2) (interpretation) —
a
omit the definitions of “appropriate personal pension scheme” and “money purchase contracted-out scheme”, and
b
in the definition of “overseas arrangement” —
i
after paragraph (a), add “and”, and
ii
omit paragraph (b), and the word “and” immediately following it.
3
For regulation 5 (transfer payments in respect of guaranteed minimum pensions to money purchase contracted-out schemes and appropriate personal pension schemes), substitute —
Transfer payments in respect of guaranteed minimum pensions to occupational and personal pension schemes
5
A transfer payment in respect of a guaranteed minimum pension may be made to a scheme which is not a salary-related contracted-out scheme, an overseas scheme or overseas arrangement, if —
a
the earner consents in writing;
b
the transfer payment (whether or not it forms part of a larger payment in respect of both guaranteed minimum pensions and other rights) is of an amount at least equal to the cash equivalent of the earner’s accrued rights to guaranteed minimum pensions, as calculated and verified in a manner consistent with regulations made under section 97 of the 1993 Act (calculation of cash equivalents); and
c
the earner has acknowledged in writing to the transferring scheme that the earner has received a statement from the receiving scheme showing the benefits to be awarded in respect of the transfer payment, and that the earner accepts that —
i
the benefits to be provided by the receiving scheme may be in a different form and of a different amount to those which would have been payable by the transferring scheme, and
ii
there is no statutory requirement on the receiving scheme to provide for survivor’s benefits out of the transfer payment.
.
4
For regulation 10 (transfer payments to money purchase contracted-out schemes and appropriate personal pension schemes in respect of section 9(2B) rights), substitute —
Transfer payments to occupational and person pension schemes in respect of section 9(2B) rights
10
A transfer payment in respect of an earner’s accrued section 9(2B) rights may be made to a scheme which is not a salary-related contracted-out scheme, an overseas scheme or overseas arrangement, if —
a
the earner consents in writing; and
b
the earner has acknowledged in writing to the transferring scheme that the earner has received a statement from the receiving scheme showing the benefits to be awarded in respect of the transfer payment, and that the earner accepts that —
i
the benefits to be provided by the receiving scheme may be in a different form and of a different amount to those which would have been payable by the transferring scheme, and
ii
there is no statutory requirement on the receiving scheme to provide for survivor’s benefits out of the transfer payment.
.
Revocation of part of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996
7
In the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 , the following regulations are revoked —
a
regulation 1(2) (interpretation), in so far as it relates to the regulations listed in paragraphs (b) to (m),
b
regulation 2 (manner of calculation and verification of protected rights),
c
regulation 4 (conditions applying to pensions and annuities which give effect to protected rights),
d
regulation 5 (circumstances in which and period for which pension or annuity is to be paid to widow, widower or surviving civil partner),
e
regulation 6 (interim arrangements),
f
regulation 8 (giving effect to protected rights by provision of a lump sum),
g
regulation 10 (choice of insurance company by annuitant),
h
regulation 11 (insurers that may provide protected rights by way of annuities),
i
regulation 12 (death of member before effect is given to his protected rights),
j
regulation 13 (death before effect given to protected rights: interim arrangements for widow, widower or surviving civil partner),
k
regulation 14 (enforceable entitlement after death of member),
l
regulation 15 (further requirements in respect of giving effect to protected rights), and
m
regulation 17 (tax registration).
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
8
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 are amended as follows.
2
In regulation 5 (information to be made available to individuals) —
a
for paragraph (7) substitute —
7
Subject to paragraph (7ZA), where a scheme ceases to be a money purchase contracted-out scheme by virtue of section 15(1) of the Pensions Act 2007 , the trustees of the scheme shall inform each member in relation to whom the scheme has ceased to be such a scheme (“the affected member”), as soon as practicable, and in any event not more than 1 month after the abolition date, that the scheme is no longer a money purchase contracted-out scheme, and furnish the affected member, as soon as practicable and in any event not more than 4 months after the abolition date with —
a
the information mentioned in paragraph 8 of Schedule 2, and
b
except where the scheme is able to meet in full its liabilities to the affected member , the information mentioned in paragraph 10 of Schedule 2.
,
b
after paragraph (7) insert —
7ZA
Paragraph (7) does not apply where the trustees of the scheme have informed the affected member of the date on which the scheme is to cease to be a money purchase contracted-out scheme and have furnished the information specified in paragraph (7)(a) and, if applicable, paragraph (7)(b), within the period of 12 months ending with the abolition date.
, and
c
omit paragraph (7A) .
3
In Schedule 1 (basic information about the scheme), in paragraph 10, omit the words from “, and whether the scheme is contracted-out” to the end.
4
In Schedule 2 (information to be made available to individuals) —
a
in paragraph 5(a), for “for the whole or any part of the period” substitute “at any time before the abolition date”,
b
in paragraph 6ZA —
i
in sub-paragraph (3)(b)(i), at the end insert “and”,
ii
omit sub-paragraph (3)(b)(iii), and the word “and” immediately preceding it, and
iii
in sub-paragraph (7)(d) for “sub-paragraphs (3)(b)(iii) and (4)” substitute “sub-paragraph (4)”,
c
in paragraph 8 —
i
paragraph 8 is renumbered as sub-paragraph (1) of that paragraph,
ii
in sub-paragraph (1) as so renumbered, omit “in relation to the member’s employment”, and
iii
after sub-paragraph (1) as so renumbered, add —
2
A statement that, as a result of no longer being a member of a contracted-out scheme, the member may build up entitlement to an additional state pension from the date the scheme ceased to be a money purchase contracted-out scheme.
, and
d
omit paragraph 8A .
Amendment of the Occupational and Personal Pension Schemes (Contracting-out etc : Review of Determinations) Regulations 1997
9
In regulation 2 (application of regulations) of the Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations 1997 , omit “or appropriate schemes certificates”.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
10
1
The Personal Pension Schemes (Appropriate Schemes) Regulations 1997 are amended as follows.
2
In regulation 1(2) (interpretation), omit the definition of “administrators”.
3
The following regulations are revoked —
a
regulation 2 (forms of schemes which may be appropriate schemes),
b
regulation 4 (requirements in respect of an application for an appropriate schemes certificate),
c
regulation 5 (issue of appropriate scheme certificates),
d
regulation 6 (requirements to give the Commissioners of Inland Revenue information),
e
regulation 6A (provision of information for purposes of contracting-out),
f
regulation 7 (cancellation, variation and surrender of an appropriate scheme certificate),
g
regulation 8 (applications for the variation of, and to surrender, appropriate scheme certificates),
h
regulation 9 (cancellation of an appropriate scheme certificate),
i
regulation 10 (notice under section 44(1) of the 1993 Act,
j
regulation 11 (notice under section 44(2) of the 1993 Act), and
k
regulation 14 (allocation of minimum contributions).
Revocation of the Occupational Pension Schemes (Age-related Payments) Regulations 1997
11
The Occupational Pension Schemes (Age-related Payments) Regulations 1997 are revoked.
Amendment of the Pension Sharing (Valuation) Regulations 2000
12
In regulation 2 (rights under a pension arrangement which are not shareable) of the Pension Sharing (Valuation) Regulations 2000 , in paragraph (1) —
a
at the end of sub-paragraph (b)(ii), add “or”, and
b
omit sub-paragraph (b)(iii), and the word “or” immediately following that sub-paragraph.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
13
In regulation 1(2) (interpretation) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 , omit the definitions of “appropriate scheme” and “money purchase contracted-out scheme”.
Amendment of the Stakeholder Pension Scheme Regulations 2000
14
1
The Stakeholder Pension Scheme Regulations 2000 are amended as follows.
2
In regulation 1(3) (interpretation), omit the definition of “contracted-out employment” .
3
In regulation 18B (disclosure of information to members) —
a
after paragraph (2)(b)(i) insert “and”, and
b
omit paragraph (2)(b)(iii) and the word “and” immediately preceding it.
4
In paragraph 6(d) of Schedule 3 (information for members) , for “regulations 18B(2)(b)(iii) and (3)” substitute “regulation 18B(3)”.
PART 3 Amendments coming into force on 6th April 2013
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
15
1
The Personal Pension Schemes (Disclosure of Information) Regulations 1987 are amended as follows.
2
In regulation 5 (information to be made available to individuals) omit paragraphs (9) and (9A).
3
In Schedule 2 (information to be made available to individuals), omit paragraph 9(1) and (2) .
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
16
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 are amended as follows.
2
In regulation 5 (information to be made available to individuals) , omit paragraphs (7) and (7ZA).
3
In Schedule 2 (information to be made available to individuals), omit paragraph 8(1) and (2) .
PART 4 Amendments coming into force on 6th April 2015
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
17
1
The Personal Pension Schemes (Disclosure of Information) Regulations 1987 are amended as follows.
2
In regulation 5(2)(a) (information to be made available to individuals) , for “paragraphs 1, 2 and 12” substitute “paragraphs 1 and 2”.
3
In paragraph 6 of Schedule 1 (basic information about the scheme), omit “and (if the scheme was an appropriate scheme) minimum contributions by the Secretary of State,”.
4
In Schedule 2 (information to be made available to individuals) —
a
in paragraph 1 , omit from the words “and, where the scheme was at any time” to the end, and
b
omit paragraph 12.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
18
Omit regulations 31 (deduction of minimum payments from earnings), 32 (minimum payments to be made by employers to trustees) and 33 (calculation of minimum payments) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 .
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
19
In paragraph 5(a) of Schedule 2 (information to be made available to individuals) to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 , omit from the words “and, where the scheme was at any time” to the end.
Amendment of the Stakeholder Pension Schemes Regulations 2000
20
1
The Stakeholder Pension Scheme Regulations 2000 are amended as follows.
2
In regulation 1(3) (interpretation), omit the definitions of “minimum contributions” and “minimum payments”.
3
In regulation 17(2) (restrictions on contributions), omit from the words “, minimum contributions” to the end.
4
In Schedule 3 (information for members) , paragraph 2, omit sub-paragraphs (e), (f) and (g).
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
12th May 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2011 and shall come into force on 18th April 2011.
Kind and levels of support for essential living needs
2
For the table at regulation 10(2) of the Asylum Support Regulations 2000 substitute -
Table
Qualifying couple £72.52 Lone parent aged 18 or over £43.94 Single person aged 25 or over (where the decision to grant support was made prior to 5th October 2009 and the person reached age 25 prior to that date) £42.62 Any other single person aged 18 or over £36.62 Person aged at least 16 but under 18 (except a member of a qualifying couple) £39.80 Person aged under 16 £52.96
.
Revocation of the Asylum Support (Amendment) Regulations 2010
3
The Asylum Support (Amendment) Regulations 2010 are revoked.
Damian Green
Minister of State
Home Office
23rd March 2011


text:
Title, application and commencement
1
These Regulations —
a
may be cited as the Bovine Semen (England) (Amendment) Regulations 2011;
b
apply in England; and
c
come into force on 6th April 2011.
Amendments to the Bovine Semen (England) Regulations 2007
2
The Bovine Semen (England) Regulations 2007 are amended in accordance with the following regulations.
Interpretation
3
In paragraph (1) of regulation 2, after the definition of “unlicensed premises” insert —
“unlicensed processing premises” means unlicensed premises —
for the processing of semen —
collected at unlicensed premises or at a domestic collection centre, and
not intended for intra-Community trade, and
supervised by the centre veterinarian of an EC collection centre;
.
Approval of bovine animals for use at unlicensed premises
4
1
In paragraph (1) of regulation 10 omit “, or for use as a teaser animal,”.
2
In paragraph (4) of regulation 10 omit “or teaser animal used to collect such semen”.
Specific duties of centre veterinarians and operators of unlicensed premises
5
In regulation 16, after paragraph (1) insert —
1A
The duties of the centre veterinarian of an EC collection centre which are specified in paragraph (1B) must also be performed by that veterinarian when supervising unlicensed processing premises.
1B
The duties are those set out in the following provisions of Part 3 of Schedule 3 —
a
sub-paragraphs (d), (e) and (f) of paragraph 1; and
b
sub-paragraph (b) of paragraph (2).
.
Use of teaser animals
6
For regulation 21 substitute —
Use of teaser animals
21
1
No person may use a teaser animal to assist in the collection of semen unless it is approved for that purpose by the Secretary of State.
2
But no such approval is required in respect of a teaser animal used to assist in the collection of semen at unlicensed premises.
.
Processing of semen
7
In regulation 24, for paragraphs (a) and (b) substitute —
a
at an EC collection centre;
b
at a domestic collection centre; or
c
at unlicensed processing premises.
.
Supply of frozen semen
8
In regulation 28, in paragraph (2) before “stored” insert “previously”.
Measures applicable to EC collection centres
9
In Schedule 3, in paragraph 2 of Part 1 for “dose” substitute “collection”.
Measures applicable to a domestic collection centre
10
In Schedule 5, in paragraph 2 of Part 1 for “dose” substitute “collection”.
Duties of operators of unlicensed premises
11
In Schedule 7 —
a
in paragraph 1(c) for “or to a domestic collection centre for processing” substitute “, to a domestic collection centre or to unlicensed processing premises for processing”,
b
for paragraph 1(c)(ii) substitute —
ii
where the semen is moved to an EC collection centre, the bovine animal has been subjected to the tests specified in paragraph 1(1) of Part 2 of Schedule 3 with negative results;
iia
where the semen is moved to a domestic collection centre or to unlicensed processing premises, the bovine animal has been subjected to the tests specified in paragraph 2 of Part 2 of Schedule 8 with negative results;
, and
c
in paragraph 2(2) for “of the collection centre” substitute “supervising the centre or premises”.
Jim Paice
Minister of State
Department for Environment, Food and Rural Affairs
19th February 2011


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire West and Chester (Electoral Changes) Order 2011.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the Cheshire West and Chester (Electoral Changes) Order 2011”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Wards of the district of Cheshire West and Chester and number of councillors
3
1
The existing wards of the district of Cheshire West and Chester are abolished.
2
The district is divided into forty-six wards each bearing a name listed in column 1 of the Schedule.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Wards of the parish of Neston and number of councillors
4
1
The existing wards of the parish of Neston are abolished.
2
The parish is divided into five wards named respectively —
a
Little Neston;
b
Ness;
c
Neston;
d
Parkgate;
e
Riverside.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Four councillors are to be elected for each of the following wards:
a
Little Neston;
b
Neston;
c
Parkgate;
d
Riverside.
5
One councillor is to be elected for Ness ward.
Wards of the parish of Northwich and number of councillors
5
1
The existing wards of the parish of Northwich are abolished.
2
The parish is divided into five wards named respectively —
a
Northwich Bridge;
b
Northwich Greenbank;
c
Northwich Leftwich;
d
Northwich Winnington;
e
Northwich Witton.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Seven councillors are to be elected for Northwich Bridge ward.
5
Five councillors are to be elected for Northwich Witton ward.
6
Four councillors are to be elected for Northwich Leftwich ward.
7
Three councillors are to be elected for Northwich Greenbank ward.
8
Two councillors are to be elected for Northwich Winnington ward.
Wards of the parish of Winsford and number of councillors
6
1
The existing wards of the parish of Winsford are abolished.
2
The parish is divided into six wards named respectively —
a
Winsford Dene;
b
Winsford Gravel;
c
Winsford Over;
d
Winsford Swanlow;
e
Winsford Verdin;
f
Winsford Wharton.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Three councillors are to be elected for each of the following wards:
a
Winsford Over;
b
Winsford Swanlow;
c
Winsford Verdin.
5
Two councillors are to be elected for each of the following wards:
a
Winsford Dene;
b
Winsford Gravel;
c
Winsford Wharton.
Sealed with the seal of the Local Government Boundary Commission for England on the 4th day of January 2011
Max Caller
Chairman
Local Government Boundary Commission for England
4th January 2011


text:
Title and commencement
1
These Regulations may be cited as the Food (Jelly Mini-Cups) (Emergency Control) (England) (Revocation) Regulations 2011 and come into force on 31st March 2011.
Revocation
2
The Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 are revoked.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
2nd February 2011


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 4) Order 2011.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted.
Designation of schools
3
1
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
2
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is specified in relation to that school in column (2).
P S A Jones
A Deputy Director in the
Department for Education
26th August 2011


text:
Citation and commencement
1
1
This Order may be cited as the Turks and Caicos Islands Constitution Order 2011.
2
This Order shall come into force on such day as the Governor, acting in his or her discretion, may appoint by proclamation published in the Gazette.
Interpretation
2
1
In this Order —
“the appointed day” means the day appointed by the Governor under section 1(2);
“the Constitution” means the Constitution set out in Schedule 2;
“the existing Constitution” means the Constitution set out in Schedule 2 to the Turks and Caicos Islands Constitution Order 2006 as amended and supplemented by the Turks and Caicos Islands Constitution (Interim Amendment) Order 2009 and the Turks and Caicos Islands (Interim Amendment) (Amendment) Order 2010 .
2
Section 131 of the Constitution shall apply for the purposes of interpreting sections 1 to 14 of this Order and otherwise in relation to those sections as it applies for the purposes of interpreting and in relation to the Constitution.
Revocations
3
The instruments specified in Schedule 1 are revoked with effect from the appointed day.
Establishment of Constitution
4
Schedule 2 shall have effect as the Constitution of the Turks and Caicos Islands from the appointed day; but the Governor, acting in his or her discretion and with the prior approval of a Secretary of State, may by proclamation published in the Gazette provide that any provisions of the Constitution shall not come into force until such later day or days as he or she in like manner may appoint, and in that case such provisions shall come into force on the day or days so appointed.
Existing laws
5
1
Subject to this section, the existing laws shall have effect on and after the appointed day as if they had been made in pursuance of the Constitution and shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
2
The Governor may, by regulations published in the Gazette , at any time within twelve months of the appointed day make such modifications or adaptations to any existing law as appear to the Governor to be necessary or expedient for bringing that law into conformity with the Constitution or otherwise for giving effect or enabling effect to be given to the Constitution; and any existing law shall have effect accordingly from such day (not being earlier than the appointed day) as may be specified in such regulations.
3
Regulations made under this section may be amended or revoked in relation to any existing law affected by them by any authority competent to amend or revoke that law.
4
In this section “existing laws” means laws and instruments (other than Acts of the Parliament of the United Kingdom and instruments made under them) having effect as part of the law of the Turks and Caicos Islands immediately before the appointed day.
Existing offices and officers
6
1
Any office (except those of member of the Advisory Council and member of the Consultative Forum) established by or under the existing Constitution and existing immediately before the appointed day shall on and after that day, so far as consistent with the Constitution, continue as if it had been established by or under the Constitution.
2
Any person who immediately before the appointed day holds or is acting in any office continued by virtue of subsection (1) shall, on and after that day, continue to hold or act in that office as if he or she had been appointed to hold or act in it in accordance with or under the Constitution.
3
Any person to whom subsection (2) applies who, before the appointed day, has made any oath or affirmation required to be made before assuming the functions of his or her office shall be deemed to have made any like oath or affirmation so required by the Constitution or any other law.
Chief Financial Officer
7
1
Notwithstanding anything in the Constitution or any other law, the office of Chief Financial Officer shall continue on and after the appointed day to have the functions which had earlier been lawfully conferred on that office and which subsist immediately before that day, until such time as the Governor, acting in his or her discretion and with the prior approval of a Secretary of State, determines otherwise by notice published in the Gazette.
2
Nothing in subsection (1) shall prevent additional functions being conferred on the office of Chief Financial Officer by the Governor, acting in his or her discretion, or by or under any Ordinance.
General election
8
1
The Governor shall, by proclamation published in the Gazette , appoint a date for the holding of a general election to the House of Assembly, and such date shall be not later than 30 days after the appointed day.
2
The period for nomination of candidates for election at the general election shall be closed not later than fifteen days before the date appointed under subsection (1).
Standing Orders
9
The Standing Orders of the House of Assembly established by the existing Constitution in the form in which they were last in force before the appointed day shall, except as may be otherwise provided under section 63 of the Constitution, have effect on and after that day as if they had been made under that section as Standing Orders of the House of Assembly established by the Constitution, but they shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
Director of Public Prosecutions
10
Until a person is appointed to the office of Director of Public Prosecutions in accordance with the Constitution, the Attorney General shall perform the functions of that office.
Pending legal proceedings
11
1
Any cause, matter or appeal pending before the Supreme Court or any appeal or application pending before the Court of Appeal immediately before the appointed day may, on or after that day, be continued, determined or appealed against as if such cause, matter or appeal had been instituted or was pending before the Supreme Court, or such appeal or application made to the Court of Appeal, as the case may be, as those courts are respectively constituted by the Constitution.
2
Any decree or order of the Supreme Court or the Court of Appeal given or made before the appointed day, in so far as it has not been fully executed or enforced, may be executed or enforced on or after that day as if it were a decree or order of the Supreme Court or the Court of Appeal, as the case may be, as those courts are respectively constituted by the Constitution.
Remuneration, allowances, terms and conditions of certain office-holders
12
1
The remuneration, allowances, and terms and conditions of service payable or applicable immediately before the appointed day to each judge of the Supreme Court, each judge of the Court of Appeal and each magistrate shall, until it is otherwise provided under section 84 of the Constitution, continue to be payable or to apply to that judge or, as the case may be, that magistrate.
2
The remuneration and allowances payable immediately before the appointed day to any person holding office as, or as a member of, any of the institutions protecting good governance shall, until it is otherwise provided under section 97 of the Constitution, continue to be payable to that person.
3
The remuneration and allowances payable, immediately before the House of Assembly established by the existing Constitution was last dissolved before the appointed day, to the Speaker and the other members of that House of Assembly shall, until it is otherwise provided under section 124 of the Constitution, be payable to the Speaker and the other members of the House of Assembly established by the Constitution.
4
The remuneration and allowances payable immediately before the appointed day to any person holding any office to which section 125 of the Constitution applies shall, until it is otherwise provided under that section, continue to be payable to that person.
Functions of Governor
13
Where, prior to the general election referred to in section 8(1), the Governor is required by the Constitution to exercise a function after consultation with, or in accordance with the advice of, a body which does not exist or the holder of an office which is vacant, the Governor may exercise that function in his or her discretion if in the judgement of the Governor it is necessary or expedient to exercise that function before that body exists or that office is filled.
Power reserved to Her Majesty
14
Her Majesty reserves to Herself power, with the advice and consent of Her Privy Council, to make laws for the peace, order and good government of the Turks and Caicos Islands.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Financial Assistance Scheme (Revaluation and Indexation Amendments) Regulations 2011 and, subject to paragraph (2), shall come into force on 31st March 2011.
2
Regulations 11, 14 and 15 shall come into force on 31st December 2011.
Amendment of the Financial Assistance Scheme Regulations
2
The Financial Assistance Scheme Regulations 2005 are amended in accordance with regulations 3 to 15.
Amendment of regulation 2
3
In regulation 2(1) (interpretation) after the definition of “employment” insert —
“general level of prices” means, except where the revaluation percentage falls to be determined under regulation 17(13A) or 17A(13A) or paragraph 3(3C) or (3ZD) or 4(10) or (13C) of Schedule 2, the general level of prices in Great Britain determined in such manner as the Secretary of State thinks fit,
and the Secretary of State shall publish from time to time the manner in which the general level of prices is to be determined;
.
Amendment of regulation 17
4
In regulation 17 (annual payments) —
a
in paragraph (10)(b)(ii) —
i
after sub-paragraph (bb) omit “or”; and
ii
after sub-paragraph (cc) insert —
or
dd
30th March 2011, provided that the calculation date falls before 30th March 2011; and
c
in any case where the calculation date falls on or before 30th March 2011 and the day determined in accordance with paragraphs (i) to (iii) falls after 30th March 2011, the revaluation amount for the period beginning on 31st March 2011 and ending on —
i
the day on which the beneficiary became entitled to an annual payment;
ii
the day on which the beneficiary began to receive a present payment from the scheme; or
iii
the day on which the qualifying member died,
whichever is the earliest.
;
b
in paragraph (11) —
i
for “the period referred to in paragraph (10)” substitute “the period referred to in paragraph (10)(b), or, where sub-paragraph (c) applies, the periods referred to in paragraph (10)(b) and (c)”; and
ii
for sub-paragraph (a)(i) substitute —
i
the period —
aa
referred to in paragraph (10)(b) where sub-paragraph (c) does not apply; or
bb
covered by both periods referred to in paragraph (10)(b) and (c) where sub-paragraph (c) applies,
is less than one month; or
;
c
in paragraph (12)(a) —
i
omit “in Great Britain”; and
ii
after “period” insert “or periods”;
d
for paragraph (13) substitute —
13
Subject to paragraph (13A), the method for determining the percentage increase in the general level of prices during the revaluation periods determined in accordance with paragraph (10)(b) and (c) is —
(
100 × (
A ÷ B
)
) − 100
where —
A is the general level of prices for the month which falls two months before the month in which the last day of the revaluation period falls; and
B is the general level of prices for the month which falls two months before the month in which the first day of the revaluation period falls.
;
e
after paragraph (13) insert —
13A
Where the entire period determined in accordance with paragraph (10)(b) falls before 31st March 2011, the method for determining the percentage increase in the general level of prices during that period is —
(
100 × (
A ÷ B
)
) − 100
where —
A is the level of the retail prices index for the month which falls two months before the month in which the last day of the revaluation period falls; and
B is the level of the retail prices index for the month which falls two months before the month in which the calculation date falls.
; and
f
in paragraph (14) —
i
for sub-paragraph (a) substitute —
a
if the period covered by the period or periods mentioned in paragraph (12)(a) is a period of 12 months, 5%; or
; and
ii
in sub-paragraph (b) for “in Great Britain” substitute “,whether determined in accordance with paragraph (13) or (13A),”.
Amendment of regulation 17A
5
In regulation 17A (ill health payments) —
a
in paragraph (10), in the definition of “the revalued notional pension”, after sub-paragraph (b)(ii)(bb) insert —
cc
30th March 2011, provided that the calculation date falls before 30th March 2011; and
c
in any case where the calculation date falls on or before 30th March 2011 and the day on which the beneficiary became entitled to an ill health payment or began to receive a present payment from the scheme falls after 30th March 2011, the revaluation amount for the period beginning on 31st March 2011 and ending on the day on which the beneficiary became entitled to an ill health payment or began to receive a present payment from the scheme; and
;
b
in paragraph (11) —
i
after “period” insert “, or, where paragraph (10)(c) applies, the periods,”; and
ii
for sub-paragraph (a)(i) substitute —
i
the period —
aa
referred to in paragraph (10)(b) where sub-paragraph (c) does not apply; or
bb
covered by both periods referred to in paragraph (10)(b) and (c) where sub-paragraph (c) applies,
is less than one month; or
;
c
in paragraph (12)(a) —
i
omit “in Great Britain”; and
ii
after “period” insert “or periods”;
d
for paragraph (13) substitute —
13
Subject to paragraph (13A), the method for determining the percentage increase in the general level of prices during the revaluation periods determined in accordance with sub-paragraphs (b) and (c) of the definition of “the revalued notional pension” in paragraph (10) is —
(
100 × (
A ÷ B
)
) − 100
where —
A is the general level of prices for the month which falls two months before the month in which the last day of the revaluation period falls; and
B is the general level of prices for the month which falls two months before the month in which the first day of the revaluation period falls.
;
e
after paragraph (13) insert —
13A
Where the entire period determined in accordance with sub-paragraph (b) of the definition of “the revalued notional pension” in paragraph (10) falls before 31st March 2011, the method for determining the percentage increase in the general level of prices during that period is —
(
100 × (
A ÷ B
)
) − 100
where —
A is the level of the retail prices index for the month which falls two months before the month in which the last day of the revaluation period falls; and
B is the level of the retail prices index for the month which falls two months before the month in which the calculation date falls.
; and
f
in paragraph (14) —
i
for sub-paragraph (a) substitute —
a
if the period covered by the period or periods mentioned in paragraph (12)(a) is a period of 12 months, 5%; or
; and
ii
in sub-paragraph (b) for “in Great Britain” substitute “,whether determined in accordance with paragraph (13) or (13A),”.
Amendment of Schedule 2
6
In paragraph 3 of Schedule 2 (determination of annual and initial payments) —
a
in each place in which it occurs omit “in Great Britain”;
b
for sub-paragraph (3)(c)(ii) substitute —
ii
where the qualifying member attains normal retirement age before 31st March 2011, the revaluation amount for the period beginning on the day on which the qualifying pension scheme began to be wound up and ending on the day on which the qualifying member attains normal retirement age; and
iii
where the qualifying member attains normal retirement age on or after 31st March 2011, the sum of —
aa
the revaluation amount for the period beginning on the day on which the qualifying pension scheme began to be wound up and ending on 30th March 2011; and
bb
the revaluation amount for the period beginning on 31st March 2011 and ending on the day on which the qualifying member attains normal retirement age.
;
c
in sub-paragraph (3A) —
i
omit “and (c)(ii)”; and
ii
in paragraph (b) omit “or, as the case may be, sub-paragraph (3)(c)(i)”;
d
after sub-paragraph (3A) insert —
3AA
In sub-paragraph (3)(c)(ii) and (iii), the revaluation amount is —
a
where the period —
i
determined in accordance with sub-paragraph (3)(c)(ii), where it applies; or
ii
covered by the periods determined in accordance with paragraphs (aa) and (bb) of sub-paragraph (3)(c)(iii), where that sub-paragraph applies,
is less than one month, nil; or
b
in any other case, the revaluation percentage of the amount of the annual rate of pension under sub-paragraph (3)(c)(i).
;
e
in sub-paragraph (3B) —
i
for “sub-paragraph (3A)” substitute “sub-paragraphs (3A) and (3AA)”; and
ii
for “and (c)(ii)” substitute “or (c)(ii) or (iii)”;
f
in sub-paragraph (3ZD) —
i
for “period” substitute “periods”;
ii
after “sub-paragraph (3)(c)(ii)” insert “and (iii)(aa)”; and
iii
for “during which the qualifying member attains normal retirement age” substitute “in which the last day of that revaluation period falls”;
g
after sub-paragraph (3ZD) insert —
3ZDA
The method for determining the percentage increase in the general level of prices during the revaluation period determined in accordance with sub-paragraph (3)(c)(iii)(bb) is —
(
100 × (
A ÷ B
)
) − 100
where —
A is the general level of prices for the month which falls two months before the month during which the qualifying member attains normal retirement age; and
B is the general level of prices for January 2011.
; and
h
in sub-paragraph (3D) —
i
after “revaluation period” insert “or periods”;
ii
for paragraph (a) substitute —
a
if the period or periods mentioned in sub-paragraph (3)(c) together form a period of 12 months, 5%; or
; and
iii
in paragraph (b) for “that period” substitute “those periods”.
7
In paragraph 4 of Schedule 2 —
a
in each place in which it occurs omit “in Great Britain”;
b
in sub-paragraph (3)(c) for “sub-paragraphs (7) to (11)” substitute “sub-paragraphs (7) to (10) and (11)”;
c
after sub-paragraph (3)(c) insert —
ca
in any case where the day —
i
on which the qualifying member attains normal retirement age; or
ii
from which the qualifying member becomes entitled to an annual payment in accordance with regulation 17(2), (3) or (3C) or 17C,
is on or after 31st March 2011, the revaluation amount for the third revaluation period (see sub-paragraphs (10A) and (11)); and
;
d
in sub-paragraph (3)(d) for “third” substitute “fourth”;
e
in sub-paragraph (7) —
i
at the end of paragraph (b)(ii) insert —
; or
iii
30th March 2011,
; and
ii
for “earlier” substitute “earliest”;
f
after sub-paragraph (7) insert —
7A
The third revaluation period is the period beginning on 31st March 2011 and ending on —
a
the day on which the qualifying member attains normal retirement age; or
b
the day from which the qualifying member is entitled to an annual payment in accordance with regulation 17(2), (3) or (3C) or 17C,
whichever is the earlier.
;
g
in sub-paragraph (8) —
i
for “second revaluation period” substitute “second and third revaluation periods”; and
ii
for paragraph (a) substitute —
a
where the period —
i
determined in accordance with sub-paragraph (7) where sub-paragraph (3)(ca) does not apply; or
ii
covered by the second and third revaluation periods where sub-paragraph (3)(ca) applies,
is a period of less than one month, nil; or
;
h
in sub-paragraph (9) for paragraph (a) substitute —
a
the percentage increase in the general level of prices during the second revaluation period or, where sub-paragraph (3)(ca) applies, the second and third revaluation periods determined in accordance with sub-paragraphs (7) and (7A) respectively; and
;
i
in sub-paragraph (10) for “day from which the qualifying member is entitled to an annual payment” substitute “last day of the revaluation period”;
j
after sub-paragraph (10) insert —
10A
The method for determining the percentage increase in the general level of prices during the third revaluation period is —
(
100 × (
A ÷ B
)
) − 100
where —
A is the general level of prices for the month which falls two months before the month in which the day on which the qualifying member is entitled to an annual payment falls; and
B is the general level of prices for January 2011.
;
k
for sub-paragraph (11) substitute —
11
In sub-paragraph (9)(b), “the maximum revaluation rate” in relation to the second and third revaluation periods is —
a
5% if either —
i
sub-paragraph (3)(ca) does not apply and the period referred to in sub-paragraph (c) is a period of 12 months; or
ii
sub-paragraph (3)(ca) applies and the periods referred to in sub-paragraph (3)(c) and (ca) together form a period of 12 months; or
b
in any other case, the percentage that would be the percentage mentioned in sub-paragraph (9)(a) had the general level of prices, whether determined in accordance with sub-paragraph (10) or (10A), increased at the rate of 5% compound per annum during those periods.
;
l
in sub-paragraph (12) after “second” insert “or third”;
m
in sub-paragraph (13) for “third” substitute “fourth”; and
n
in sub-paragraph (13A) for “third” substitute “fourth”.
8
In paragraph 4A(5)(a) of Schedule 2 after “3(3)(b)(ii)” insert “and (c)(ii) and (iii)”.
9
In paragraph 5 of Schedule 2 —
a
in sub-paragraph (7) —
i
after sub-paragraph (c) omit “and”;
ii
after paragraph (c) insert —
ca
in any case where —
i
the day from which the qualifying member became entitled to an annual payment; or
ii
the day from which the survivor of the qualifying member became entitled to an annual payment,
is on or after 31st March 2011, the revaluation amount for the third survivor revaluation period (see sub-paragraphs (10A) and (11)); and
; and
iii
in paragraph (d) —
aa
for “third” substitute “fourth”; and
bb
after “survivor” insert “revaluation”;
b
for sub-paragraph (10)(b)(i) substitute —
i
the earliest of —
aa
the day from which the qualifying member became entitled to an annual payment;
bb
the day from which the survivor of the qualifying member became entitled to an annual payment; or
cc
31st March 2011; or
;
c
after sub-paragraph (10) insert —
10A
The third survivor revaluation period is the period beginning on 31st March 2011 and ending on the earlier of —
a
the day from which the qualifying member became entitled to an annual payment; and
b
the day from which the survivor of the qualifying member became entitled to an annual payment.
;
d
for sub-paragraph (11) substitute —
11
The revaluation amounts for the second and third survivor revaluation periods are the revaluation amounts determined in accordance with paragraph 4(8) to (12).
;
e
in sub-paragraph (12) for “third” substitute “fourth”; and
f
in sub-paragraph (13) for “third” substitute “fourth”.
10
In paragraph 7 of Schedule 2 —
a
in sub-paragraph (3) —
i
after paragraph (d) omit “and”;
ii
for paragraph (e) substitute —
e
where the beneficiary becomes entitled to an annual payment in the period beginning on 1st April 2010 and ending on 31st March 2011, £29,386; and
f
where the beneficiary becomes entitled to an annual payment after 31st March 2011, the amount determined in accordance with sub-paragraph (4).
; and
b
in sub-paragraph (4) —
i
for “1st April 2010” substitute “1st April 2011”; and
ii
for “of the retail prices index” substitute “in the general level of prices”.
11
In paragraph 9 of Schedule 2, in sub-paragraph (1) and the definition of “appropriate percentage” in sub-paragraph (2), for “retail prices index” substitute “general level of prices”.
Amendment of Schedule 2A
12
In paragraph 6 of Schedule 2A (determination of ill health and interim ill health payments) —
a
after sub-paragraph (b) insert —
bza
for paragraph 4(7A)(a) substitute —
a
the day from which the qualifying member is entitled to an ill health payment in accordance with regulation 17A(1);
;
b
for sub-paragraph (ba) substitute —
ba
in paragraph 4(10A) for “annual payment” substitute “ill health payment”;
;
c
for sub-paragraph (c) substitute —
c
for paragraph 5(10)(b) substitute —
b
ending on the earlier of —
i
the day on which the qualifying member became entitled to an ill health payment in accordance with regulation 17A(1); and
ii
31st March 2011.
;
; and
d
after sub-paragraph (c) insert —
ca
in paragraph 5(10A) for the words from “the earlier of” to the end substitute “the day from which the qualifying member became entitled to an ill health payment.”;
.
13
In paragraph 7 of Schedule 2A —
a
in sub-paragraph (3) —
i
after paragraph (b) omit “and”; and
ii
for paragraph (c) substitute —
c
where the qualifying member becomes entitled to an ill health payment in the period beginning on 1st April 2010 and ending on 31st March 2011, £29,386; and
d
where the beneficiary becomes entitled to an ill health payment after 31st March 2011, the amount determined in accordance with sub-paragraph (4).
; and
b
in sub-paragraph (4) —
i
for “1st April 2010” substitute “1st April 2011”; and
ii
for “of the retail prices index” substitute “in the general level of prices”.
14
In paragraph 9 of Schedule 2A, in sub-paragraph (1) and the definition of “appropriate percentage” in sub-paragraph (2), for “retail prices index” substitute “general level of prices”.
Amendment of Schedules 3 to 7
15
In Schedules 3 to 7 in each place in which it occurs for “retail prices index” substitute “general level of prices”.
Signed by authority of the Secretary of State for Work and Pensions.
C Grayling
Minister of State
Department for Work and Pensions
17th March 2011


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Demand Notices) (England) Regulations 2011 and come into force on 31st January 2012.
2
These Regulations apply in relation to a notice which —
a
relates to a year beginning on or after 1st April 2012, and
b
is served by an English billing authority or such an authority’s authorised person.
3
The Council Tax (Demand Notices) (England) Regulations 2010 have no effect in relation to a notice mentioned in paragraph (2).
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999 ;
“the Administration Regulations ” means the Council Tax (Administration and Enforcement) Regulations 1992 ;
“authorised person”, in relation to a billing authority, means a person authorised in accordance with the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 to exercise functions on the authority’s behalf in relation to the administration of council tax;
“constituent body” has the same meaning as in section 85(3) of the 1999 Act (calculation of component and consolidated budgets) ;
“ GLA ” means the Greater London Authority;
“Integrated Transport Authority” means —
an authority which is known as an Integrated Transport Authority by virtue of section 77(2) of the Local Transport Act 2008 (change of name of passenger transport areas and PTAs), or
an authority established under Part 5 of that Act (Integrated Transport Authorities etc. );
“levying body” means —
an Integrated Transport Authority,
the Broads Authority, and
the Environment Agency;
“notice” means a council tax demand notice within the meaning of Part 5 of the Administration Regulations (billing);
“preceding year”, in relation to a notice, means the year before the relevant year;
“relevant local precepting authority” means a relevant precepting authority which is a local precepting authority;
“relevant precepting authority”, in relation to a billing authority and a year, means a precepting authority which issues a precept to the billing authority for the year, but does not include —
the chairman of a parish meeting,
charter trustees,
the sub-treasurer of the Inner Temple or the under-treasurer of the Middle Temple unless the amount of the precept is more than £100,000,
a parish council unless the amount of the precept is equal to or more than £140,000; and
“relevant year”, in relation to a notice, means the year to which the demand for payment made by the notice relates.
2
In these Regulations —
a
any reference to a precept includes a reference to a substitute precept,
b
any reference to a levy includes a reference to a substitute levy, and
c
any reference to a year is a reference to a financial year.
Definition of “council tax requirement”
3
1
In relation to the year beginning on 1st April 2011, the council tax requirement of a billing authority or a major precepting authority other than the GLA is the amount calculated by applying the formula —
A × B
where —
A is —
in relation to a billing authority, the amount calculated by the authority under section 33(1) of the Act (calculation of basic amount of tax) for that year ,
in relation to a major precepting authority, the amount calculated by the authority under section 44(1) of the Act (calculation of basic amount of tax) for that year; and
B is —
in relation to a billing authority, the amount determined for that year as item T in section 33(1) of the Act,
in relation to a major precepting authority, the amount determined for that year as item T in section 44(1) of the Act.
2
In relation to the year beginning on 1st April 2011, the council tax requirement of the GLA is the sum of the two amounts calculated by applying the formula —
C × D
where —
C is —
in the first calculation, the amount calculated by the GLA under section 88(2) of the 1999 Act (calculation of basic amount of tax) for that year,
in the second calculation, the amount calculated by the GLA under section 89(3) of the 1999 Act (additional calculations: special item for part of Greater London) for that year; and
D is —
in the first calculation, the amount determined for that year as item T in section 88(2) of the 1999 Act,
in the second calculation, the amount determined for that year as item TP2 in section 89(3) of the 1999 Act.
3
In relation to the year beginning on 1st April 2011, the council tax requirement of a local precepting authority is the amount calculated under section 50(4) of the Act (calculation of budget requirement).
4
In relation to a year beginning on or after 1st April 2012, an authority’s council tax requirement is —
a
in relation to a billing authority, the amount calculated for the year under section 31A(4) of the Act (calculation of council tax requirement by authorities in England) ;
b
in relation to a major precepting authority other than the GLA, the amount calculated for the year under section 42A(4) (calculation of council tax requirement by authorities in England) of the Act ;
c
in relation to the GLA, the amount calculated for the year under section 85(8) of the 1999 Act (calculation of component and consolidated council tax requirements) ; and
d
in relation to a local precepting authority, the amount calculated under section 49A(4) of the Act (calculation of council tax requirement by authorities in England) .
Definition of “gross expenditure”
4
1
Subject to paragraph (3), the gross expenditure of an authority for a year is the aggregate of the items which are —
a
attributable to the services administered by the authority during the year, and
b
charged to a revenue account for that year.
2
The items mentioned in paragraph (1) —
a
must be calculated using the estimates which were used to calculate —
i
the council tax requirement, or
ii
the levy,
of the authority for the year; but
b
must not include any —
i
allowances for contingencies, or
ii
contributions to financial reserves.
3
The gross expenditure of the GLA for a year is the aggregate of the amounts of gross expenditure calculated for each constituent body for that year.
4
In this regulation, “authority” includes a levying body and a constituent body.
PART 2 Content of demand notices and the supply of information
Content of demand notices
5
1
A notice must contain the matters specified in Part 2 of Schedule 1.
2
But a notice which is served on a person —
a
after the end of the relevant year, and
b
at the same time as a notice relating to another year not then ended,
is not required to contain the matters specified in paragraph 27 of Schedule 1.
Information supplied with demand notices
6
1
When a billing authority serves a notice on a person it must supply that person with the information specified in Part 2 of Schedule 2.
2
Paragraph (1) does not apply when a notice is served after the end of the relevant year.
Invalid notices
7
1
If —
a
as a consequence of a mistake a notice does not contain a matter specified in Schedule 1 (“the relevant matter”), but
b
the amount required to be paid under the notice is demanded in accordance with Part 5 of the Administration Regulations (billing),
the requirement to pay that amount is valid.
2
Where paragraph (1)(a) applies, as soon as practicable after the mistake is discovered the billing authority must serve a statement of the relevant matter on the person on whom the notice was served.
Supply of information by precepting authorities
8
1
When a relevant precepting authority issues a precept to a billing authority for a year —
a
it must supply the information in paragraph (2) to the billing authority; and
b
if it is a major precepting authority, it must also supply the information in paragraph (3).
2
The information mentioned in paragraph (1)(a) is —
a
the authority’s gross expenditure for —
i
the year, and
ii
the year before that year;
b
the authority’s council tax requirement for —
i
the year, and
ii
the year before that year;
c
the authority’s reasons for any difference between —
i
the amounts mentioned in sub-paragraphs (a)(i) and (b)(i), and
ii
the amounts mentioned in sub-paragraphs (a)(ii) and (b)(ii); and
d
the authority’s opinion as mentioned in paragraph 6 of Schedule 2.
3
The information mentioned in paragraph (1)(b) is —
a
the amount (if any) taken into account under section 42A(6)(b) (calculation of council tax requirement by authorities in England) of the Act for any levy, and
b
the name of each levying body which has issued a levy to the authority for the year.
4
Paragraph (5) applies if a relevant local precepting authority issues a substitute precept to a billing authority.
5
Paragraph (1) does not apply to the precepting authority, but if the billing authority makes substitute calculations under section 36A of the Act (substitute calculations:England) the billing authority may notify the precepting authority that it must supply the information mentioned in paragraph (2) to the billing authority.
6
Where a relevant precepting authority —
a
issues a substitute precept to a billing authority, or
b
is notified by a billing authority under paragraph (5),
the authority is not required to supply to the billing authority any information which it has already supplied to that authority.
Supply of information by levying bodies
9
1
When a levying body issues a levy for a year it must supply the information in paragraph (2) to each relevant billing authority.
2
The information is —
a
the body’s gross expenditure for —
i
the year, and
ii
the year before that year;
b
the amount of its levy —
i
for the year, and
ii
for the year before that year if a levy was issued; and
c
the body’s reasons for any difference between —
i
the amounts mentioned in sub-paragraphs (a)(i) and (b)(i), and
ii
the amounts mentioned in sub-paragraph (a)(ii) and (b)(ii).
3
Where a levying body issues a substitute levy, the body is not required to supply to a billing authority any information which it has already supplied to that authority.
4
In this regulation, “relevant billing authority”, in relation to a levying body and a year, means —
a
if the body issues a levy to a billing authority for the year, that authority; and
b
if the body issues a levy to a major precepting authority for the year, any billing authority to which the precepting authority has power to issue a precept for that year.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
19th December 2011


text:
Citation and commencement
1
This Order may be cited as the South East Lincolnshire Joint Strategic Planning Committee Order 2011 and shall come into force on 5th July 2011.
Interpretation
2
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004;
“the agreement” means the agreement between the constituent authorities dated 12th January 2011;
“the constituent authorities” means the authorities specified in article 3(2);
“co-opted member” means a member of the joint committee nominated in accordance with article 5(4);
“observer” means a person appointed in accordance with article 5(5);
“the joint committee” means the South East Lincolnshire Joint Strategic Planning Committee constituted by article 3(1);
“joint local development document” means a local development document prepared jointly by one or more constituent authorities;
“joint local development scheme” means a local development scheme prepared jointly by one or more constituent authorities;
“sub-committee” means a sub-committee appointed under article 8(1);
“voting member” means a member appointed under article 5(1) and entitled to vote in accordance with article 5(2).
Establishment of the joint committee
3
1
A joint committee, to be known as the South East Lincolnshire Joint Strategic Planning Committee, is constituted as the local planning authority for the purposes of Part 2 (local development) of the 2004 Act for the areas of Boston Borough Council and South Holland District Council and in respect of the matters specified in article 4(1) (being matters specified in the agreement).
2
The following authorities are specified as those which are to constitute the joint committee —
a
Lincolnshire County Council;
b
Boston Borough Council; and
c
South Holland District Council.
Functions of the joint committee
4
1
The matters referred to in article 3(1) are —
a
the preparation, submission, adoption, monitoring and revision of joint local development documents identified in a joint local development scheme; and
b
the preparation, submission, adoption, monitoring and revision of a joint local development scheme, in respect of those documents.
2
Section 15 (local development scheme) of the 2004 Act shall apply in relation to the joint committee as if for paragraph (b) of subsection (3) there were substituted —
b
submit its local development scheme to the Secretary of State not later than 30th September 2011;
.
Membership of the joint committee and voting rights
5
1
The joint committee shall consist of —
a
three members appointed by Lincolnshire County Council;
b
three members appointed by Boston Borough Council;
c
three members appointed by South Holland District Council; and
d
such number of co-opted members as may be nominated pursuant to paragraph (4).
2
The members appointed by the constituent authorities who are present at a meeting of the joint committee shall be entitled to vote at that meeting on any question falling to be decided at that meeting.
3
Each constituent authority shall nominate three substitutes; and where paragraph 5(6)(c) of the Schedule applies, a substitute shall be entitled to vote at the meeting on any question which falls to be decided at that meeting.
4
The joint committee may, if all existing joint committee members agree, invite other bodies to participate in proceedings of the joint committee; and each body that accepts such an invitation shall nominate one of its members to be a co-opted member of the joint committee.
5
The joint committee may appoint observers who may attend and participate in meetings of the joint committee.
6
Co-opted members and observers shall not be entitled to vote at any meetings of the joint committee on any question which falls to be decided at that meeting.
7
Voting members and substitutes shall be entitled to recovery from the constituent authority by which they are appointed or nominated (as the case may be) any expenses incurred in connection with the discharge of the joint committee’s functions.
Disqualification from membership of the joint committee
6
1
A person who is disqualified under Part 5 (general provisions as to members and proceedings of local authorities) of the 1972 Act from being elected or being a member of a local authority shall be disqualified from being a member of the joint committee.
2
Section 92 of the 1972 Act (proceedings for disqualification) , with the exception of subsections (7), (7A), (7B) and (8), shall apply with respect to membership of, or claims to be entitled to act as a member of, the joint committee as it applies to membership of, or claims to be entitled to act as a member of, a local authority.
Tenure of office
7
1
A voting member shall hold office for a period of four years from the date of appointment or such lesser period, not being less than one year, as may be decided by the authority which makes the appointment, but shall cease to be a voting member if that person —
a
resigns in accordance with paragraph (4);
b
is removed or replaced by the constituent authority which made the appointment; or
c
ceases to be a member of a constituent authority (and does not on the same day again become a member of that authority).
2
A person nominated as a co-opted member of the joint committee shall continue in that capacity until one of the following occurs —
a
the person resigns in accordance with paragraph (4);
b
the person is removed or replaced by the body which made the appointment; or
c
the joint committee decides that the body which made the nomination may no longer participate in proceedings of the joint committee.
3
A person who ceases to be a voting member of the joint committee shall be eligible for reappointment.
4
A voting or co-opted member may resign from the joint committee by sending written notice delivered —
a
in the case of a member appointed by a local authority, to the proper officer of the constituent authority which appointed the member;
b
in any other case, to the body which nominated the member.
5
Any casual vacancy shall be filled as soon as practicable by the authority or body which appointed or nominated the member of the joint committee whose membership has ceased.
Sub-committees
8
1
The joint committee may, in accordance with paragraphs (2) and (3), appoint one or more sub-committees.
2
Each person appointed as a member of a sub-committee must be a member of the joint committee.
3
Subject to paragraph (2), the persons appointed to a sub-committee and the sub-committee’s terms of reference shall be determined by the joint committee.
Meetings and proceedings
9
1
The meetings and proceedings of the joint committee shall be conducted in accordance with the rules set out in the Schedule to this Order, which shall have effect.
2
Sub-paragraphs (3) to (5) of paragraph 5 of the Schedule (calling of meetings) and sub-paragraph (2) of paragraph 6 of the Schedule (proceedings of meetings) shall apply with respect to meetings of any sub-committee as if references to the joint committee were references to the sub-committee, unless the joint committee agrees otherwise.
Expenses of joint committee
10
1
The expenses incurred by the joint committee and any sub-committee, in relation to accommodating meetings of the joint committee or sub-committee, shall be defrayed by the constituent authority at whose office the meeting is held, or who arranges the venue for the meeting, except so far as may be otherwise agreed by the joint committee.
2
Other expenses incurred by the joint committee and any sub-committees shall be defrayed by South Holland District Council.
3
The other constituent authorities shall make payments to the constituent authority which has defrayed any expenses in accordance with paragraph (1) or (2), in such proportions as all the constituent authorities may agree or, in default of agreement, as may be determined by a single arbitrator agreed on by the constituent authorities or, in default of agreement, appointed by the Secretary of State.
Signed by authority of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
8th June 2011


text:
Citation and commencement
1
These Regulations may be cited as the Teachers’ Pensions (Miscellaneous Amendments) Regulations 2011 and come into force on 1st April 2011.
Amendments
2
1
The Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994 are amended in accordance with Schedule 1.
2
The Teachers’ Pensions Regulations 2010 are amended in accordance with Schedule 2.
Nick Gibb
Minister of State
Department for Education
28th February 2011
We consent
Jeremy Wright
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment) Regulations 2011 and come into force on 6th March 2011.
2
Subject to regulation 8, regulations 2 to 4 and 6, 7 and 9 of these Regulations have effect —
a
for the purposes of corporation tax —
i
on income, for accounting periods ending on or after 6th March 2011, and
ii
on chargeable gains, in relation to disposals made on or after 6th March 2011, and
b
for the purposes of capital gains tax, in relation to disposals made on or after 6th March 2011.
Amendment of the principal Regulations
2
The Authorised Investment Funds (Tax) Regulations 2006 (“the principal Regulations”) are amended in accordance with these Regulations.
Amendment of regulation 8
3
1
Regulation 8 (general interpretation) is amended as follows.
2
After the entry for “net asset value” insert —
“non-reporting fund” has the same meaning as in regulation 4(2) of the Offshore Funds Regulations;
“offshore fund” means a fund within the meaning of section 355 of the Taxation (International and Other Provisions) Act 2010 ;
“ Offshore Funds Regulations ” means the Offshore Funds (Tax) Regulations 2009 ;
.
3
After the entry for “prospectus” insert —
“reportable income” has the same meaning as in Chapter 5 of Part 3 of the Offshore Funds Regulations;
.
4
After the entry for “reporting date” insert —
“reporting fund” means an offshore fund to which Part 3 of the Offshore Funds Regulations applies
.
Insertion of regulations 14ZA, 14ZB and 14ZC
4
After regulation 14 (treatment of deficits on loan relationships) of the principal Regulations insert —
Authorised investment funds having interests in offshore non-reporting funds
Interests in offshore non-reporting funds: general
14ZA
1
Regulation 14ZB applies if —
a
an authorised investment fund disposes of an asset which is an interest in a non-reporting fund (“the asset”); and
b
the conditions in paragraph (2) are satisfied for the period beginning with the date on which the authorised investment fund acquired the asset and ending on the date of the disposal.
2
The conditions are that —
a
the authorised investment fund has access to the accounts of the non-reporting fund,
b
the authorised investment fund had sufficient information about the non-reporting fund referred to in paragraph (1)(a) to enable it to prepare computations of reportable income for the non-reporting fund for every accounting period which, if the non-reporting fund were a reporting fund, would be a reporting period ending within the period mentioned in paragraph (1)(b),
c
the authorised investment fund has prepared such computations, and
d
any excess of the authorised investment fund’s share of the reportable income of the non-reporting fund over the authorised investment fund’s share of the distributions made by the non-reporting fund is included in the amount available for income allocation by the authorised investment fund for each reporting period of the authorised investment fund which falls within the period mentioned in paragraph (1)(b).
3
An authorised investment fund has an interest in a non-reporting fund if and to the extent that it has an interest in such a fund for the purposes of the Offshore Funds Regulations.
4
For the purposes of the computations mentioned in paragraph (2)(b), regulation 80 of the Offshore Funds Regulations applies if (and only if) the non-reporting fund is a UCITS fund.
5
In this regulation, “UCITS fund” has the same meaning as in regulation 12 of the Offshore Funds Regulations and “reporting period” has the same meaning as in regulation 91 of those Regulations.
Treatment of disposal of interest in non-reporting fund
14ZB
No tax shall be charged on the authorised investment fund under regulation 17 of the Offshore Funds Regulations on the disposal by the authorised investment fund of an asset which is an interest in a non-reporting fund at the time of the disposal.
Treatment of interest in non-reporting fund: cases where the conditions in regulation 14ZA(2) would not be satisfied
14ZC
1
This regulation applies in relation to an asset of an authorised investment fund (“the asset”) which —
a
is an interest in a non-reporting fund, but
b
in relation to which the conditions in regulation 14ZA(2) would not (apart from this regulation) be satisfied for the whole of the period specified in regulation 14ZA(1)(b) in relation to the asset.
2
Paragraph (4) applies if the authorised investment fund, in relation to the asset, reasonably expects to satisfy the conditions in regulation 14ZA(2) for the period beginning with a date to be determined in accordance with paragraph (3) (“the deemed start date”) and ending on the date of the disposal of the asset.
3
The deemed start date is a date to be determined by the authorised investment fund but which must not be earlier than 6th March 2011.
4
The authorised investment fund is treated for all purposes (including for the purposes of determining the beginning of the period mentioned in regulation 14ZA(1)(b)) as if it had, on the deemed start date, disposed of the asset (and not satisfied the conditions in regulation 14ZA(2)) and immediately reacquired the asset for a consideration equal to its market value on the deemed start date.
5
The authorised investment fund must notify the Commissioners of the deemed start date by making an appropriate entry in its tax return for the accounting period in which the deemed start date falls.
.
Amendment of regulation 85D
5
In paragraph (1) of regulation 85D (the investment condition) for “20%” substitute “50%”.
Amendment of regulation 85E
6
1
Regulation 85E (interests in funds treated as not being interests in non-reporting funds) is amended in accordance with this regulation.
2
For paragraph (2) substitute —
2
The interests specified are —
a
any interest in an offshore fund in respect of which, by virtue of regulation 29 or 30 of the Offshore Funds Regulations, no liability to tax would arise under regulation 17 of those Regulations on a disposal of that interest; and
b
any interest of an authorised investment fund in a non-reporting fund which meets the conditions in regulation 14ZA(2).
.
Amendment of the Schedule
7
1
The Schedule (abbreviations and defined expressions) is amended as follows.
2
In Part 2 (index of expressions defined or otherwise explained in these Regulations) —
a
omit the entries relating to “non reporting fund (in Part 6A)”, “offshore fund (in Part 6A), “Offshore Funds Regulations 2009 (in Part 6A)” and “reporting fund (in Part 6A)”, and
b
insert the following at the appropriate alphabetical place in each case —
Non-reporting fund Regulation 8 Offshore fund Regulation 8 Offshore Funds Regulations Regulation 8 Reportable income Regulation 8 Reporting fund Regulation 8
Transitional provision
8
1
This regulation applies to an authorised investment fund (“the fund”) which, on 5th March 2011, met the requirement of paragraph (2).
2
The requirement is that the fund did not meet the investment condition in regulation 85D of the principal Regulations by virtue of holding an interest in an offshore fund that is treated as creditor relationship rights under section 490 of 2009 CTA (a “relevant interest”).
3
A relevant interest shall continue to be treated as not being an interest in a non-reporting fund for the purposes of regulation 85E of the principal Regulations for the period beginning on 6th March 2011 and ending on 5th July 2011.
Consequential amendments
9
1
In regulation 85C (interpretation) , the entries for “non-reporting fund”, “offshore fund”, “Offshore Funds Regulations” and “reporting fund” are omitted.
2
For paragraph (6) of regulation 18 (the charge to tax: further provisions) of the Offshore Funds (Tax) Regulations 2009 substitute —
6
Nothing in regulation 17 of these Regulations applies to an authorised investment fund to which regulation 14ZB or Part 6A of the Authorised Investment Funds (Tax) Regulations 2006 applies.
.
Angela Watkinson
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Crime and Security Act 2010 (Domestic Violence: Pilot Schemes) Order (No. 2) 2011, and shall come into force on 7th October 2011.
2
In this Order, “ the Act ” means the Crime and Security Act 2010.
Pilot Schemes
2
Sections 24 to 30 of the Act (domestic violence) shall come into force to the extent provided in article 3, for a period from 7th October 2011 ending 29th June 2012, so that the Secretary of State may assess the effectiveness of these provisions.
3
Sections 24 to 30 of the Act (domestic violence) shall come into force in the following areas:
a
in the Greater Manchester police area, the Policing Divisions known as North Manchester Division, City of Salford Division and Bolton Division ; and
b
in the West Mercia police area, the Territorial Policing Unit known as North Worcestershire .
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
13th September 2011


text:
PART 1 Introduction
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records and Registration) (Isle of Man) Regulations 2011 and shall come into force on 1st October 2011.
2
These Regulations extend to the Isle of Man.
Interpretation
2
In these Regulations —
“ the Act ” means the Police Act 1997;
“exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;
“register” means the register maintained by the Secretary of State for the purposes of Part 5 of the Act;
“reprimand” means a reprimand given to a child or young person in accordance with section 65 of the Crime and Disorder Act 1998 ;
“volunteer” means a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative;
“warning” means a warning given to a child or young person in accordance with section 65 of the Crime and Disorder Act 1998.
PART 2 Applications for criminal record and enhanced criminal record certificates
Fees for criminal record certificates and enhanced criminal record certificates
3
The fee payable in relation to an application for the issue of a criminal record certificate or an enhanced criminal record certificate is prescribed as —
a
£26 in the case of a criminal record certificate;
b
£44 in the case of an enhanced criminal record certificate, and an additional £6 where an urgent preliminary response is sought under section 113E(3)(b);
save that no fee is payable in relation to an application made by a volunteer.
Relevant matter: prescribed details
4
The following details of a relevant matter are prescribed for the purposes of sections 113A(3)(a) and 113B(3)(a) of the Act (including those provisions as applied by sections 114(3) and 116(3)) —
a
in the case of a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction —
i
the date of conviction;
ii
the convicting court; and
iii
the offence;
b
in the cases of a caution, reprimand or warning —
i
the date of the caution, reprimand or warning;
ii
the place where the caution, reprimand or warning was issued; and
iii
the offence which the person issued with a caution, reprimand or warning had admitted.
Enhanced criminal record certificates: prescribed purposes
5
Purposes which correspond to purposes which are prescribed in regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002 are prescribed purposes for the purpose of section 113B(2) of the Act.
Suitability information relating to children
6
Cases which correspond to cases which are prescribed in regulation 5 of the Police Act 1997 (Criminal Records) ( No. 2) Regulations 2009 are prescribed cases for the purpose of section 113BA(1) of the Act.
Suitability information relating to vulnerable adults
7
Cases which correspond to cases which are prescribed in regulation 6 of the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 are prescribed cases for the purpose of section 113BB(1) of the Act.
Central records: prescribed details
8
Information in any form relating to convictions, cautions, reprimands and warnings on a names database held by the National Policing Improvement Agency for the use of constables is prescribed as “central records” for the purposes of section 113A(6) of the Act (including that provision as applied by sections 113B(9), 114(3) and 116(3)).
Enhanced criminal record certificates: relevant police forces
9
For the purposes of an application for an enhanced criminal record certificate “relevant police force” means —
a
where information is held in relation to the applicant in the record of convictions and cautions held for the use of police forces generally, the police force in whose area the applicant currently resides;
b
where it appears to the Secretary of State that information is held by a police force in relation to the applicant other than in the record of convictions and cautions held for the use of police forces generally, the police force which appears to be holding that information;
c
where the application is made in relation to a prescribed purpose which is to be carried out primarily at the applicant’s place of residence, the police force in whose area the applicant currently resides;
d
any police force that the Secretary of State determines to be relevant to the application.
Exception to unlawful disclosure provision
10
The following purpose is specified in accordance with section 124(6)(f) of the Act, namely disclosure by an employment agency or employment business, whether or not in response to an exempted question, for the purpose of consideration —
a
by an educational institution, within the meaning given by section 42 of the Criminal Justice and Court Services Act 2000 ;
b
by an institution within the further education sector, within the meaning given by section 91(3) of the Further and Higher Education Act 1992 ; or
c
by an equivalent institution in the Isle of Man
of an applicant’s suitability for a position at that institution.
PART 3 Registration
The register
11
There shall be included in the register maintained in accordance with section 120(1) of the Act the following information:
a
the name and address of the registered person and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State by the registered person for communication purposes;
b
the date on which the name of that person was first listed in the register;
c
the number assigned to that person on being listed;
d
the nature of the exempted question, if any, that that person is likely to ask;
e
in the case of the registered body —
i
whether that body is likely to countersign applications under section 113A or 113B or transmit applications under section 113A(2A) or 113B(2A) of the Act at the request of bodies or individuals asking exempted questions and, if so, the nature of those questions;
ii
the name and address of any individual for the time being nominated in accordance with regulation 12 below as being authorised to act for the body in relation to the countersigning or transmission of applications under Part 5 of the Act and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State for communication purposes;
iii
the date on which the name of that individual was first listed on the register;
iv
the number assigned to that individual on being listed; and
v
a specimen of the signature of that individual.
Nomination of authorised individuals
12
1
The body applying for registration under section 120(2)(a) of the Act shall submit with the application the names of the individuals authorised to act for the body in relation to the countersigning or the transmission of applications under Part 5 of the Act.
2
The registered body shall submit to the Secretary of State the names of any individuals so authorised after the registration of the body, whether or not in substitution for any name previously submitted.
3
The Secretary of State may refuse to accept, or continue to accept, the nomination of an individual as so authorised if, in the opinion of the Secretary of State, that individual is not a suitable person to have access to information which has become, or is likely to become, available to him as a result of the registration of the body which nominated him.
4
Where the Secretary of State refuses to accept, or to continue to accept, the nomination of an individual under this regulation, the Secretary of State shall notify the body concerned, and that body may submit the name of another individual in substitution.
Fee on application for inclusion in the register
13
The fee payable by a person on application for inclusion in the register shall be £300.
Additional fees
14
In respect of the second and each subsequent name entered in the register in accordance with regulation 11(e)(ii), the fee payable shall be £5.
Conditions attached to registration
15
The person’s registration shall be subject to the following conditions:
a
payment of the fee referred to in regulation 13;
b
the fee payable under regulation 14 in respect of the second and each subsequent name entered in the register shall be invoiced by the Secretary of State to the person and payable on account within 15 days of the invoice date;
c
the fee payable in relation to an application under section 113A or 113B of the Act which is accompanied by a statement under section 113A(2)(b) of 113B(2)(b) shall be invoiced by the Secretary of State and payable on account within 15 days of the invoice date;
d
where the registered person has made a statement under section 113A(2)(b) or 113B(2)(b) of the Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, any charge levied in connection with the services such person provides under Part 5 of the Act shall be —
i
notified in writing to the Secretary of State who may publish details of any such charge in such manner as she thinks fit; and
ii
set out in any documentation the registered person publishes which relates to the services it provides under Part 5 of the Act;
e
prior to submitting an application for a criminal record certificate or an enhanced criminal record certificate to the Secretary of State, the registered person shall use all reasonable endeavours to ensure that —
i
an application form is completed to the Secretary of State’s satisfaction and that the data supplied are accurate;
ii
the certificate is requested for an exempted question or prescribed purpose as the case may be; and
iii
if the application for a criminal record certificate or an enhanced criminal record certificate is made by a volunteer, the application falls within the definition of a volunteer in regulation 2;
f
prior to making a statement under section 113A(2)(b) or 113B(2)(b) of the Act in relation to an application for a criminal record certificate or an enhanced criminal record certificate, a registered person or his authorised agent shall verify the identity of the applicant and in so doing comply with such conditions as the Secretary of State thinks fit and has notified to the registered person in writing;
g
where the registered person uses the services of another person to verify the identity of applicants, the registered person shall —
i
ensure the suitability of that person to conduct such checks;
ii
provide appropriate training and guidance to that person; and
iii
ensure that that person discharges his duties in accordance with such conditions as the Secretary of State thinks fit under sub-paragraph (f);
h
any change of the details in the information recorded in the register shall be notified to the Secretary of State.
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
15th September 2011


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2011 and shall come into force on 6th April 2011.
Amendment of the Registered Pension Schemes (Provision of Information) Regulations 2006
2
The Registered Pension Schemes (Provision of Information) Regulations 2006 are amended as follows.
3
In regulation 3 (provision of information by scheme administrator to the Commissioners) —
a
in the second column of the table (information) in paragraph (1) —
i
for the entry in item 1 substitute —
The name of the person to whom the payment was made, and —
where the person is an individual, the national insurance number,
where the person is a company, the company registration number, or
in any other case, an alternative number obtained from HMRC ,
together with the nature, amount and date of the payment.;
;
ii
in items 2 and 17 omit the words “, date of birth, last known address” and for “address”, in the second place it occurs, substitute “national insurance number”;
iii
in items 3 to 8A omit the words “, address, date of birth”; and
iv
for the entry in item 9 substitute —
The name and national insurance number of the member, together with —
the country in which the member’s address is located;
the amount of the sums or assets transferred and the date of the transfer;
the name of the qualifying recognised overseas pension scheme; and
the country or territory under the law of which it is established and regulated.
.
b
for paragraph (2) substitute —
2
Where an individual provides the scheme administrator of a scheme with written confirmation that the individual does not qualify for a national insurance number, the scheme administrator must —
a
provide the Commissioners with the individual’s date of birth and address in order to obtain an alternative number from them, and
b
provide this alternative number in place of the national insurance number (where the national insurance number is required by paragraph (1)).
2A
Paragraph (2B) applies to any amendment —
a
delivered on or after 6th April 2011 to an event report delivered before 6th April 2011, and
b
which relates to an individual whose details were included in respect of a reportable event in the event report which is being amended.
2B
Where paragraph (1) requires the scheme administrator of the scheme to provide the Commissioners with an individual’s national insurance number and where the national insurance number is not known to the scheme administrator —
a
paragraph (2) does not apply, and
b
the scheme administrator may provide the date of birth in place of the national insurance number.
.
4
After regulation 11B insert —
Information provided by individuals to scheme administrator: national insurance number
11C
1
Paragraph (2) applies where a scheme administrator needs an individual’s national insurance number or to obtain an alternative number in respect of an individual in order to complete an event report or a return under section 254.
2
The individual must provide the scheme administrator with the national insurance number or the information described in paragraph (3), as appropriate, within 60 days of the date on which the scheme administrator requests the individual to provide the information.
3
If the individual does not qualify for a national insurance number the individual must provide the scheme administrator with confirmation of this in writing, together with the individual’s date of birth and address.
.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th February 2011


text:
Citation, commencement and extent
1
This Order —
a
may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedules 5 and 8) (England and Wales) Order 2011;
b
comes into force on 1st October 2011; and
c
extends to England and Wales only .
Variation of Schedule 5
2
1
Schedule 5 to the Wildlife and Countryside Act 1981 (animals which are protected) is amended as follows.
2
Insert, at the appropriate place in each case, the animals listed in Schedule 1.
3
Omit the animals listed in Schedule 2.
4
In the entry relating to “Lagoon Worm, Tentacled”, in the first column, after “Tentacled” insert “(in respect of section 9(4)(a) only)”.
5
In the entry relating to “Shad, Twaite”, in the first column, for “section 9(4)(a)” substitute “section 9(1) and (4)(a)”.
6
In the entry relating to “Shark, Angel”, in the first column, for the words from “(in respect of” to “waters, only)” substitute “(in respect of section 9(1), (2) and (5) only)”.
7
In the entry relating to “Shrimp, Lagoon Sand”, in the first column, after “Sand” insert “(in respect of section 9(4)(a) only)”.
8
Omit Note 2.
Variation of Schedule 8
3
1
Schedule 8 to the Wildlife and Countryside Act 1981 (plants which are protected) is amended as follows.
2
Insert, at the appropriate place in each case, the plants listed in Schedule 3.
3
Omit the plants listed in Schedule 4.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11th August 2011
John Griffiths
Minister for Environment and Sustainable Development,
one of the Welsh Ministers
9th August 2011