text:
PART 1 Citation, commencement and interpretation
Citation and commencement
1
This Order may be cited as the Public Trustee (Fees) Order 2008 and shall come into force on 1st April 2008.
Interpretation
2
In this Order —
“acceptance valuation date” in respect of any trust property means the date selected by the public trustee in relation to that property under article 11(1) or 15(1) ;
“executor” means the executor of a will or the administrator of an estate however appointed;
“financial year” means the year ending on 31st March;
“gross capital value” means the value of the estate or trust property (excluding any annuity or other terminable payment purchased by any person in the name of, transferred to or covenanted to be paid to the public trustee for the benefit of some other person) without deduction for debts, incumbrances, funeral expenses or inheritance tax.
PART 2 General
Payment of fees from capital or income
3
1
Subject to paragraph (2), all fees must be paid out of capital.
2
The following fees must be paid out of income —
a
fees which the public trustee has directed to be paid out of income under section 1(3) of the Public Trustee (Fees) Act 1957;
b
the administration fee in cases to which article 18 applies;
c
the insurance fee provided for by article 21 ;
d
the income collection fee provided for by article 24 ;
e
the management fee provided for by article 30 ; and
f
the value added tax fee provided for by article 31 , in cases where the fee in respect of which the value added tax fee is payable is itself payable out of income.
Calculation
4
In ascertaining the amount payable in respect of any fee the public trustee —
a
will take the value of any estate or trust property to be the price which it is estimated that the estate or property would fetch in the open market; and
b
may treat the value of any estate or trust property as being that multiple of £100 which is nearest to the estimate of its exact value.
Postponement of payment of fee
5
The public trustee may postpone any payment due in respect of any fee.
Commutation
6
Liability to pay all or any part of any sums which may become due in respect of any fee may be commuted by the public trustee in consideration of a payment which represents the capital value of that liability.
Power to remit fees and settle disputes
7
1
The public trustee may remit so much as appears equitable of any fee payable in respect of any estate or trust where the whole or any part of the property is in another estate or trust in which the public trustee is acting.
2
The public trustee may remit the whole or part of any fee where it is equitable to do so having regard to —
a
the nature and character of the estate, trust or other matter;
b
the work in respect of which the fee is charged; or
c
the impact of the fee on a beneficiary or beneficiaries.
PART 3 Executorship fee
When executorship fee payable
8
An executorship fee is payable, in accordance with articles 9 to 11 , on acceptance by the public trustee of any executorship.
Property subsequently received
9
If additional property becomes part of an estate of which the public trustee is executor an executorship fee is payable in respect of the gross capital value of the additional property on its acceptance valuation date of such amount as would have been payable if the additional property had formed part of the estate at the date of acceptance of the executorship and this Order had been in force at that date.
Postponement of payment of executorship fee
10
Where an executorship fee becomes payable under article 8 or 9 in respect of an estate any part of which is not in possession or not readily realisable, the public trustee will exclude the value of that part from the value of the remainder of the estate for the purpose of ascertaining the amount of the executorship fee then payable.
Amount of executorship fee
11
1
Subject to paragraphs (3) and (4) , the executorship fee is calculated in accordance with paragraph (2) as a percentage of the gross capital value of the estate on the date of acceptance or on such convenient date as the public trustee may select.
2
The rate of executorship fee is —
a
in respect of the first £50,000, 12.5 per cent;
b
in respect of any excess over £50,000 up to £75,000, 10 per cent;
c
in respect of any excess over £75,000 up to £100,000, 5 per cent;
d
in respect of any excess over £100,000, 3.8 per cent
but so that the fee payable is not less that £1,250.
3
Where the main asset of an estate to be vested in one or more beneficiaries is an unencumbered property which was the principal private residence of the deceased and the public trustee’s executorship duties have been exceptionally simple, a reduction may be made in the amount of the fee payable.
4
Where the public trustee is acting as personal representative of a deceased statutory owner or tenant for life and is not acting otherwise in the trust a fee of £150 only will be payable.
5
In this article, “statutory owner” and “tenant for life” have the meanings given by section 117(1) of the Settled Land Act 1925 .
PART 4 Acceptance fee
When acceptance fee payable
12
1
Subject to paragraph (2) , an acceptance fee is payable, in accordance with articles 13 to 15 , on acceptance by the public trustee of any trust other than a trust consisting entirely of an annuity or other terminable payment purchased by any person in the name of, transferred to or covenanted to be paid by the public trustee for the benefit of some other person.
2
An acceptance fee is not payable in respect of any estate which the public trustee accepts as executor on or after 1st April 1977 during the period in which the public trustee so acts.
Property subsequently coming into trust
13
If additional property becomes subject to a trust (other than an executorship accepted by the public trustee on or after 1st April 1977) which is administered by the public trustee as executor or as trustee, and such property is not an accumulation of the income of the property already subject to the estate or the trust, an acceptance fee is payable in respect of the gross capital value of the additional property on its acceptance valuation date of such amount as would have been payable if —
a
the additional property had formed part of the estate or the trust property at the date of acceptance of the estate or the trust; and
b
this Order had been in force at that date.
Postponement of payment of acceptance fee
14
Where an acceptance fee becomes payable in accordance with article 12 or 13 in respect of estate or trust property, any part of which is not in possession or not readily realisable, the public trustee —
a
will exclude the value of the property not in possession or not readily realisable from the value of the remainder of the estate or trust property for the purpose of ascertaining the amount of the acceptance fee then payable; and
b
will, when the property so excluded falls into possession or is realised, as the case may be, charge an acceptance fee in respect of the gross capital value of the excluded property of such amount as would have been payable if —
i
the excluded property had formed part of the estate or of the trust property at the date of acceptance of the estate or of the trust; and
ii
this Order had been in force at that date.
Amount of acceptance fee
15
1
The acceptance fee is calculated in accordance with paragraph (2) as a percentage of the gross capital value of the estate or the trust property on the date of acceptance or on such convenient date as the public trustee may select.
2
Subject to paragraph (3) , where the public trustee is acting —
a
under a declaration of trust in favour of one beneficiary only; or
b
as original, substituted or additional trustee of property to which an infant is absolutely entitled under a will (or other testamentary disposition) or on an intestacy,
the rate of the acceptance fee is —
i
in respect of the first £50,000, 1.25 per cent;
ii
in respect of any excess over £50,000, 0.5 per cent
but so that the fee payable is not less than £175.
3
No acceptance fee will be charged in respect of property to which paragraph (2) applies if that property is immediately and directly derived from an estate or a trust in which the public trustee is acting.
4
In all other cases in which the public trustee is acting as trustee the rate of the acceptance fee is one half the rate of the executorship fee but so that the fee payable is not less than £550.
PART 5 Administration fee
When administration fee payable
16
1
Subject to paragraph (3) , an administration fee is payable, in accordance with articles 17 and 18 , at the beginning of each financial year.
2
An administration fee is payable in full even if the public trustee ceases to act in the estate or the trust, or any part of the estate or trust, in the course of that year.
3
An administration fee is not payable —
a
in respect of the period between the date of the acceptance of a trust or any part of a trust and the commencement of the next financial year; or
b
in respect of any estate or part of an estate which the public trustee accepts as executor during the period in which the public trustee so acts.
Amount of administration fee
17
1
Subject to paragraphs (5) to (9) , the administration fee is the relevant percentage of that multiple of £100 which is nearest to the net capital value of the estate or the trust fund as certified by the public trustee after such value has been estimated in accordance with paragraph (2) .
2
The net capital value of an estate or a trust fund is A + B – C where —
“A” is the value on the appropriate valuation date of the estate or the trust property other than interests not in possession and annuities or other terminable payments to which article 18 applies;
“B” is the value, on its acceptance valuation date, of any additional property becoming part of the estate or subject to the trust during the relevant period; and
“C” is such sum as the public trustee considers to be a reasonable deduction in respect of any estate or trust property distributed or disbursed by the public trustee during the relevant period.
3
In valuing any property for the purposes of this article no deduction will be made for any debt specifically charged on it.
4
The relevant percentage of the net capital value of the estate or the trust fund is —
a
in respect of the first £30,000, 5 per cent;
b
in respect of any excess over £30,000 up to £150,000, 3 per cent;
c
in respect of any excess over £150,000 up to £375,000, 2 per cent;
d
in respect of any excess over £375,000 up to £2,500,000, 1.25 per cent;
e
in respect of any excess over £2,500,000 up to £3,000,000, 0.6 per cent; and
f
in respect of any excess over £3,000,000, 0.3 per cent,
but so that the fee payable is not less than £375.
5
Where the public trustee is acting exclusively as custodian trustee, the fee payable will be reduced by one half where the trust was accepted before 1st April 1980.
6
Where the public trustee is acting exclusively as trustee of a settlement under the Settled Land Act 1925 , the fee payable will be reduced by three quarters in respect of any part of the trust property which at the date on which the fee becomes payable is represented by land.
7
Where the public trustee is acting as trustee under a declaration of trust for one beneficiary only, the fee payable will be reduced by five eighths.
8
Where the public trustee is acting in a trust or an estate where an asset is represented by either —
a
the principal private residence of a beneficiary who discharges all outgoings but pays no rent to the estate or trust; or
b
a mortgage secured on the principal private residence of a beneficiary,
the fee payable will be reduced by three quarters in respect of that asset provided that in the event of a beneficiary occupying part only of a building such reduction will apply only to the value of that part of the building.
9
Where the trust or estate has a net capital value of less than £3,000 (calculated in accordance with paragraph (2) ) the fee payable will be 10 per cent of the net capital value.
10
In this article —
“appropriate valuation date” means whichever of the following dates next precedes the date on which the fee is payable —
30th September 2006, in the case of any estate or trust in which the public trustee was acting on that date; and
in any other case, the acceptance valuation date of the estate or trust;
“relevant period” means the period between the appropriate valuation date and the date on which the fee is payable.
Annuities
18
Where trust property includes an annuity or other terminable payment purchased by any person in the name of, transferred to or covenanted to be paid to the public trustee for the benefit of some other person, the administration fee in respect of that annuity or other payment is charged at the rate of 5 per cent of the gross income without deduction of income tax or other outgoings, and no other fee is payable under this Part.
PART 6 Withdrawal fee
When withdrawal fee payable
19
A withdrawal fee is payable —
a
on the public trustee ceasing to act —
i
as trustee or manager of any scheme or funds under Part 8 whether on retirement or otherwise; or
ii
other than on retirement, in any estate or trust; or
b
on the withdrawal or distribution of any part of the estate or the trust property, or, as the case may be, of the capital of a scheme or fund under Part 8, except where —
i
the public trustee ceases to act as executor of an estate in respect of which an executorship fee is payable;
ii
trust property held on a declaration of trust in favour of one beneficiary only is withdrawn for the purpose of transfer to a new executorship or a new trust accepted by the public trustee;
iii
the public trustee is acting other than as trustee or manager of any scheme or fund under Part 8 and the trust or estate has, in the opinion of the public trustee, a total value of £30,000 or less on 31st March 2004; or
iv
trust property or, as the case may be, capital of a scheme or fund under Part 8, is withdrawn for the purpose of paying any fees prescribed by this Order.
Amount of withdrawal fee
20
1
Subject to paragraph (4) , the withdrawal fee is charged at a relative percentage of the gross capital value of the property withdrawn or distributed.
2
Subject to paragraph (3) , the relative percentage is —
a
one half of the effective rate of administration or management fee charged on that property on the assessment date immediately prior to withdrawal, other than where the public trustee ceases to act on retirement, in any estate or trust; and
b
equivalent to the effective rate of administration or management fee charged on that property on the assessment date immediately prior to withdrawal or distribution, in any other case.
3
Where the property did not form part of the estate or trust on the assessment date prior to withdrawal or distribution the value of that property on its acceptance valuation date will be used to determine the effective rate of the administration fee as if it had formed part of the estate or trust on the assessment date prior to withdrawal or distribution.
4
Where the public trustee ceases to act as trustee or manager of any scheme or fund under Part 8 —
a
the withdrawal fee is such amount as may be agreed between the public trustee and the other trustees of the scheme or society as commensurate with the amount of work involved in the cessation and the capital value of the fund; or
b
where no such agreement is reached, the withdrawal fee will be charged as a relative percentage of the gross capital value of the property withdrawn or distributed equivalent to the effective rate of administration or management fee charged on that property on the assessment date immediately prior to the withdrawal or distribution.
5
In this article —
“assessment date” means whichever of the following dates next precedes the date on which the fee is payable —
1st April, in the case of any estate or trust subject to administration fee under Part 5, or
the accounting date in the case of any scheme or fund subject to management fee under Part 8;
“effective rate” means the percentage rate determined by the formula ( a / b ) x 100 where —
“a” equals the amount of administration or management fee charged, or deemed to have been charged, on the property on the assessment date prior to withdrawal or distribution; and
“b” equals the value on which that fee was, or was deemed to have been, assessed.
6
Where some or all of a fee has been remitted, the references in this article to administration or management fee charged mean such fee as would have been charged but for the remission.
PART 7 Fees for special services
Insurance fee
21
If the public trustee is paid commission when effecting or renewing a policy of insurance on any trust property, a fee is payable in an amount equal to the amount of the commission paid.
Commission fee
22
1
On any dealing in securities, a fee is payable equal to the amount of any stockbroker’s commission refunded to the public trustee.
2
Where a commission is received by the public trustee on any deposit of money, a fee is payable equal to the amount of the commission received.
Supervision of investigation or audit fee
23
A fee of £750 is payable to the public trustee for the supervision of any investigation or audit under section 13 of the Public Trustee Act 1906 .
Income collection fee
24
1
Subject to the following paragraphs, an income collection fee at the rate of 7.5 per cent is payable at such time or times as the public trustee may direct in respect of the gross income of any estate or trust received by the public trustee.
2
Where the public trustee receives income from dividends or interest after deduction of tax, the income collection fee is payable in respect of the income so received.
3
Where the public trustee is acting exclusively under a declaration of trust for one beneficiary only, the income collection fee is payable at one-half of the rate payable under paragraph (1) .
4
No fee is payable under this article in respect of an annuity or other terminable payment to which article 18 applies.
5
The public trustee may remit so much as appears equitable of any fee payable under this article where —
a
the public trustee’s duties have been or are likely to be exceptionally simple; or
b
the circumstances are otherwise exceptional.
Investigation fee
25
1
On being asked to act as trustee of an existing trust, the public trustee may demand the deposit of such fee or fees as is deemed sufficient to cover the cost of examining and considering relevant documents and accounts whether or not the public trustee subsequently accepts appointment as trustee.
2
If the public trustee is subsequently appointed, the public trustee may set off all or part of the fee or fees deposited under paragraph (1) against fees then due under Parts 3 or 4.
3
When the public trustee renounces probate of any will (or other testamentary disposition) of which the public trustee has been appointed executor, the public trustee may charge a fee commensurate with the work involved in the public trustee’s investigation of the assets and liabilities of the estate.
Fee for agency work
26
On acting as agent, the public trustee is entitled to make such a charge commensurate with the amount of work involved as the public trustee may determine.
Fee for additional work
27
The public trustee is entitled to make a reasonable additional charge according to the work involved in —
a
dealing with a business;
b
dealing with assets situated outside the United Kingdom;
c
supplying information for the purpose of any proposed dealing with a beneficial interest or for registering a notice of charge;
d
dealing with freehold or leasehold property or a mortgage;
e
supplying copies of documents and additional copies of accounts;
f
an administration following the cessation of a life or other interest in property in circumstances in which no withdrawal fee is payable;
g
work incidental to any application to the court in connection with the administration of an estate or trust;
h
conducting a hearing in accordance with rule 37 of the Public Trustee Rules 1912 ; or
i
dealing with duties of an unusual, complex or exacting nature.
Registration and enquiry fees
28
A fee is payable in respect of trusts or estates in which the public trustee is nominated to receive notices under section 138 of the Law of Property Act 1925 —
a
for accepting nomination, a fee of £100;
b
for the entry of each notice, a fee of £35 (such fee to cover any necessary acknowledgement of the notice);
c
for permitting any authorised person to inspect and take copies of the register and of any notices, a fee of £35 for each inspection in respect of each trust or estate; and
d
for replying to an enquiry respecting notices, a fee not exceeding £85 for each reply in respect of each trust.
Fees for registration of documents in respect of deceased persons and searches of the register
29
The following fees are payable in respect of the functions of the public trustee under section 19 of the Law of Property (Miscellaneous Provisions) Act 1994 (functions of public trustee in relation to notices etc. ) —
a
for entering details of documents on the register, £40 for each deceased person against whose name the details are registered, payable in relation to each property in respect of which registration is made; or
b
for causing a search of the register to be made, £20 for each name or variation of a name against which the search is made.
PART 8 Superannuation schemes and friendly societies
Management fee
30
1
A management fee is payable where the public trustee is acting as trustee of a superannuation scheme or is managing funds on behalf of the trustees of a friendly society.
2
The management fee is payable annually on the accounting date and is charged at an amount commensurate with the amount of work involved and, subject to paragraph (3) , the capital value of the Fund on the relevant accounting date as the public trustee may agree with the trustees.
3
In the event that agreement is not reached in accordance with paragraph (2) , the management fee will be 1.25 times the annual fee last charged or, if not actually charged, chargeable, before 1st April 2005.
4
In this article —
“friendly society” means a society registered as a friendly society under the Friendly Societies Act 1974 ; and
“superannuation scheme” means any scheme established for the provision of superannuation or other benefits for persons entitled to or eligible for such benefits under the scheme.
PART 9 Value added tax
Amount of fee
31
For the purposes of reimbursing the public trustee in respect of value added tax payable on the supply of services in relation to which a fee (other than a fee payable under article 21 or 22 ) is charged, an additional fee equal to the amount of the tax is payable.
PART 10 Revocations
Revocation of previous fees orders
32
The instruments listed in column 1 of the following table (which have the references listed in column 2) are revoked.
Column 1 Column 2 Title Reference
The Public Trustee (Fees) Order 1999 S.I. 1999/855 The Public Trustee (Fees) (Amendment) Order 2002 S.I. 2002/2232 The Public Trustee (Fees) (Amendment) Order 2003 S.I. 2003/690 The Public Trustee (Fees) (Amendment) Order 2004 S.I. 2004/799 The Public Trustee (Fees) (Amendment) Order 2005 S.I. 2005/351 The Public Trustee (Fees) (Amendment) Order 2007 S.I. 2007/681
By authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under-Secretary of State
Ministry of Justice
5th March 2008


type: legislation

jurisdiction: UK

text:
PART 1 Introductory
Citation and commencement
1
These Regulations may be cited as the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“the FAS Appeals Regulations ” means the Financial Assistance Scheme (Appeals) Regulations 2005 ;
“the FAS Information and Payments Regulations ” means the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 2005 ;
“the FAS Internal Review Regulations ” means the Financial Assistance Scheme (Internal Review) Regulations 2005 ; and
“the FAS Regulations ” means the Financial Assistance Scheme Regulations 2005 .
Application
3
1
Regulation 21 does not apply in relation to Northern Ireland.
2
Regulation 22 applies only in relation to Northern Ireland.
PART 2 Amendment of the FAS Regulations
Amendment of the FAS Regulations
4
The FAS Regulations are amended in accordance with this Part.
Amendment of Part 1
5
1
In regulation 2(1) (interpretation) —
a
after the definition of “beneficiary” insert —
“certification date” means the date for which the relevant information provided in relation to a qualifying member, or a survivor of a qualifying member, is correct;
“ill health payment” means the amount payable to a beneficiary in respect of each year determined in accordance with regulation 17A and Schedule 2A;
;
b
after the definition of “initial payment” insert —
“interim ill health payment” means a payment made to a beneficiary in accordance with regulation 17B;
“interim pension” has the meaning given in paragraph 2 of Schedule 2 as modified by paragraph 10 of that Schedule;
.
2
In regulation 4(2) (application of Parts 1 and 2 of the Act), after paragraph (b) insert —
ba
section 134 (directions);
.
Amendment of Part 2
6
After regulation 5 (scheme manager) insert —
Functions of the Board of the Pension Protection Fund in relation to the financial assistance scheme
5A
1
The Board of the Pension Protection Fund —
a
shall, on the request of the scheme manager, provide advice to the scheme manager in relation to the financial assistance scheme;
b
may manage, or make arrangements in relation to the management of, the transfer of any property, rights and liabilities of qualifying pension schemes which have not been fully wound up.
2
The power conferred by paragraph (1)(b) includes, but is not limited to —
a
the preparation of plans or other similar preparatory documentation;
b
undertaking work calculated to assist in ensuring any transfer is carried out effectively and efficiently;
c
undertaking work to assess the effect of any action taken in relation to qualifying pension schemes; and
d
the inspection, examination and auditing of data or other information relating to qualifying pension schemes.
3
The Secretary of State shall pay a grant to the Board of the Pension Protection Fund in connection with the functions in paragraph (1).
.
Amendment of Part 3
7
1
In regulation 9 (qualifying pension schemes) —
a
for paragraph (1)(c) substitute —
c
either —
i
the employer in relation to that scheme satisfies the condition in regulation 11;
ii
in relation to a multi-employer scheme, the condition in regulation 12 is satisfied;
iii
in relation to a scheme which is not a multi-employer scheme and which began to wind up before 6th April 1997, the condition in regulation 12A(1) is satisfied;
iv
in relation to a multi-employer scheme which began to wind up before 6th April 1997, the condition in regulation 12B(1) or (2) is satisfied;
v
in relation to a scheme which is not a multi-employer scheme and which began to wind up on or after 6th April 1997 but before 11th June 2003, the condition in regulation 12A(2) is satisfied; or
vi
in relation to a multi-employer scheme which began to wind up on or after 6th April 1997, the condition in regulation 12B(3) or (4) is satisfied;
;
b
at the beginning of paragraph (1)(ca) insert “where paragraph (i) or (ii) of sub-paragraph (c) applies,”; and
c
in paragraph (1)(ca), for “sub-paragraph (c)” substitute “those paragraphs”.
2
In regulation 11(1), for “regulation 9(1)(c)” substitute “regulation 9(1)(c)(i)”.
3
In paragraphs (1) and (2) of regulation 12, for “regulation 9(1)(c)” substitute “regulation 9(1)(c)(ii)”.
4
After regulation 12 insert —
Employer-related condition
12A
1
The condition to be satisfied for the purposes of regulation 9(1)(c)(iii) is that the employer discharged the debt due under section 144 of the 1993 Act or that no debt was due under that section when the scheme began to wind up.
2
The condition to be satisfied for the purposes of regulation 9(1)(c)(v) is that the employer discharged the debt due under section 75 of the 1995 Act or that no debt was due under that section when the scheme began to wind up.
3
The scheme manager may treat the condition in paragraph (1) or (2) as being satisfied where —
a
he is satisfied that an appropriate proportion of the debt was discharged or is likely to be discharged; and
b
in his opinion, it was reasonable that the debt due under section 144 of the 1993 Act, or section 75 of the 1995 Act as appropriate, has not been discharged.
4
In this regulation the reference to the employer shall be interpreted in accordance with regulation 11(2).
Employer-related condition: multi-employer schemes
12B
1
In relation to a section of a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(iv) is that —
a
the debt due under section 144 of the 1993 Act was discharged by all the employers in that section of the scheme; or
b
no debt was due under that section of that Act when the scheme began to wind up.
2
In relation to a multi-employer scheme which is not a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(iv) is that —
a
the debt due under section 144 of the 1993 Act was discharged by all the employers to which the scheme relates; or
b
no debt was due under that section of that Act when the scheme began to wind up.
3
In relation to a section of a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(vi) is that —
a
the debt due under section 75 of the 1995 Act was discharged by all the employers in that section of the scheme; or
b
no debt was due under that section of that Act when the scheme began to wind up.
4
In relation to a multi-employer scheme which is not a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(vi) is that —
a
the debt due under section 75 of the 1995 Act was discharged by all the employers to which the scheme relates; or
b
no debt was due under that section of that Act when the scheme began to wind up.
5
The scheme manager may treat any condition in paragraphs (1) to (4) as being satisfied where —
a
he is satisfied that an appropriate proportion of the debt was, or is likely to be, discharged; and
b
in his opinion, it was reasonable that the debt due under section 144 of the 1993 Act, or section 75 of the 1995 Act as appropriate, or a proportion of that debt has not been discharged.
6
In this regulation —
a
the references to the employer in paragraphs (1) and (3) shall be interpreted in accordance with regulation 12(3);
b
the references to the employer in paragraphs (2) and (4) shall be interpreted in accordance with regulation 12(4); and
c
“sectionalised multi-employer scheme” has the meaning given by regulation 12(6).
.
Amendment of regulation 15
8
At the beginning of paragraph (5) of regulation 15 (qualifying members) insert “Except for the purposes of regulations 17A and 17B,”.
Amendment of regulation 17
9
In regulation 17 (annual payments) —
a
in paragraph (2) , after “paragraph (3) or (3A) applies” insert “or where the qualifying member is receiving an ill health payment under regulation 17A(1) or an interim ill health payment under regulation 17B(2)”;
b
at the beginning of paragraph (3) insert “Except where the qualifying member is receiving an ill health payment under regulation 17A(1) or an interim ill health payment under regulation 17B(2),”; and
c
at the beginning of paragraph (4) insert “Except where regulation 17A(3) applies,”.
Insertion of regulations 17A and 17B
10
After regulation 17 insert —
Ill health payments
17A
1
Except where the qualifying member is entitled to an annual payment under regulation 17(2) or (3), where the scheme manager is satisfied that a qualifying member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age, that member shall be entitled to a payment (“an ill health payment”) in accordance with paragraph 2 of Schedule 2A from —
a
the day on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 come into force;
b
subject to paragraph (2), the day on which the scheme manager is first notified that that member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; or
c
the day on which the member attains the age which is 5 years less than normal retirement age,
whichever is the latest.
2
Where the scheme manager —
a
has been notified that a qualifying member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age;
b
is not so satisfied or the qualifying member withdraws the notification; and
c
receives a further notification in relation to that qualifying member and is then so satisfied,
the day which is the day for the purposes of paragraph (1)(b) is the day of the later notification.
3
Where —
a
a qualifying member of a qualifying pension scheme has died and leaves a survivor; and
b
that qualifying member was receiving an ill health payment or an interim ill health payment when he died,
the survivor of that qualifying member shall be entitled to an ill health payment from the day after the day on which that qualifying member died.
4
An ill health payment shall be made in respect of a year starting on the day on which a monthly instalment of the ill health payment or, as the case may be, an interim ill health payment, is first payable to a beneficiary by virtue of regulation 19 and in respect of subsequent years, on each anniversary of that day.
5
In determining the amount of an ill health payment that is payable to, or in respect of, a beneficiary for any previous year or years (“arrears payable”) —
a
the total of all monthly instalments of an interim ill health payment that have been made to, or in respect of, the beneficiary for any previous year or years is to be deducted from the amount of arrears payable to that beneficiary; and
b
if the total of all such monthly instalments is greater than that amount of arrears payable —
i
the amount to be paid in respect of arrears payable is nil, and
ii
the difference between that total and the amount of arrears payable is recoverable from the member in accordance with regulation 7 of the FAS Information and Payments Regulations (recovery of overpayments) .
6
Subject to paragraph (7), ill health payments which are payable to a beneficiary under this regulation shall continue for life.
7
From the day after the day on which a beneficiary dies, any further instalments of an ill health payment that would have been payable to that beneficiary, in respect of that year, cease to be payable.
8
Schedule 2A makes provision for the determination of the amount of ill health payments and the circumstances in which an ill health payment is not payable.
Interim ill health payments
17B
1
This regulation applies where a qualifying pension scheme is winding up and —
a
the scheme manager has been notified that, and is satisfied that, a qualifying member of that scheme is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; or
b
a qualifying member of that scheme —
i
has died and leaves a survivor; and
ii
was receiving an interim ill health payment when he died.
2
The scheme manager may, in his discretion, make an interim ill health payment, in anticipation of an ill health payment being payable under this Part and on account of such a payment —
a
to the qualifying member with effect from —
i
the day on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 come into force;
ii
subject to paragraph (3), the day on which the scheme manager is first notified that that member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age; or
iii
the day on which the member attains the age which is 5 years less than normal retirement age,
whichever is the latest; or
b
if the qualifying member has died, to a survivor of that qualifying member with effect from the day after the day on which that qualifying member died.
3
Where the scheme manager —
a
has been notified that a qualifying member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age;
b
is not so satisfied or the qualifying member withdraws the notification; and
c
receives a further notification in relation to that qualifying member and is then so satisfied,
the day which is the day for the purposes of paragraph (2)(a)(ii) is the day of the later notification.
4
In exercising his discretion under paragraph (2), the scheme manager shall only have regard to —
a
the amount, if any, of any interim pension that was in payment, is in payment, or is proposed to be paid, from the qualifying pension scheme to the qualifying member; and
b
any circumstances relating to the scheme which, in the opinion of the scheme manager are relevant to determining whether an interim ill health payment should be made.
5
Where the trustees or managers have determined the amount of interim pension that would be paid to the qualifying member or the survivor of that qualifying member, but do not propose to pay that interim pension for administrative reasons, the scheme manager may, in exercising his discretion under paragraph (2) and in determining the amount of interim ill health payment under Schedule 2A, deem that member or that survivor to be receiving that interim pension, if in the scheme manager’s opinion it is reasonable to do so.
6
Schedule 2A makes provision for the determination of the amount of interim ill health payments and the circumstances in which an interim ill health payment is not payable.
7
If the scheme manager determines that an interim ill health payment may be made under paragraph (2), the interim ill health payment is payable —
a
to a qualifying member from the relevant day mentioned in that paragraph until the day on which the qualifying member —
i
would have been paid, or is paid, the first monthly instalment of an ill health payment in accordance with regulation 19, if an ill health payment were payable, or is payable, to him under this Part; or
ii
dies,
whichever is the earlier; and
b
in respect of a qualifying member who has died, to a survivor of that qualifying member from the day after the day on which that qualifying member died until the day on which his survivor —
i
would have been paid, or is paid, the first monthly instalment of an ill health payment in accordance with regulation 19, if an ill health payment were payable, or is payable, to him under this Part; or
ii
dies,
whichever is the earlier.
8
From the day after the day on which a beneficiary dies, any further monthly instalments of an interim ill health payment that would have been payable to that beneficiary, in respect of that year, cease to be payable.
9
The scheme manager may, at any time before the amount of the ill health payment is determined, redetermine the amount of any interim ill health payment paid under paragraph (2) if he is satisfied that the amount being paid by way of an interim ill health payment, as determined in accordance with Schedule 2A, may be incorrect.
10
The power to redetermine the amount of an interim ill health payment under paragraph (9) includes the power to redetermine the amount as a result of a change in the amount of interim pension being paid to the qualifying member.
11
If, having determined that an interim ill health payment may be made under paragraph (2), the scheme manager subsequently determines, in accordance with Schedule 2A, that no ill health payment is payable to or in respect of that qualifying member or his survivor, then the total of all monthly instalments of an interim ill health pension made to or in respect of that qualifying member or his survivor is recoverable in accordance with regulation 7 of the FAS Information and Payments Regulations.
.
Amendment of regulation 18
11
In regulation 18 (initial payments) —
a
omit paragraphs (2), (3) and (10);
b
for paragraph (4) substitute —
4
The scheme manager may, in his discretion, make a payment (“an initial payment”) to, or in respect of, a qualifying member or his survivor —
a
in anticipation of an annual payment being payable under this Part to the qualifying member or his survivor, and on account of such a payment; and
b
before any monthly instalment of that annual payment is made.
4A
An initial payment under paragraph (4) may be made —
a
except where sub-paragraph (c) applies, to the qualifying member with effect from whichever is the later of —
i
14th May 2004; or
ii
the earlier of —
aa
the day on which the qualifying member attains normal retirement age; or
bb
the day on which the scheme manager is first notified that the qualifying member is terminally ill;
b
if the qualifying member has died, to a survivor of that qualifying member with effect from whichever is the later of —
i
14th May 2004; or
ii
the day after the day on which that qualifying member died; or
c
if the qualifying member is regarded as a qualifying member under regulation 15(5), to that member with effect from whichever is the later of —
i
14th May 2004; or
ii
the date on which he became entitled to a present payment from the qualifying pension scheme.
.
Amendment of regulation 19
12
In regulation 19 (time and manner of payment: general provisions) —
a
in paragraph (1), after “the annual payment” insert “, the ill health payment, an interim ill health payment”;
b
in paragraph (3) —
i
at the end of sub-paragraph (a) omit “or”;
ii
after sub-paragraph (b) insert —
c
the beneficiary becomes entitled to an ill health payment under regulation 17A(1) or (3); or
d
the scheme manager determines that an interim ill health payment may be made under regulation 17B(2).
.
Amendment of Schedule 1
13
In Schedule 1 (modification of certain provisions of Parts 1 and 2 of the Act) —
a
after paragraph 3 insert —
3A
In section 134 (directions) —
a
in subsection (1), for “there is an assessment period in relation to an eligible scheme” substitute “an occupational pension scheme is a qualifying pension scheme under section 286(2) which has not been fully wound up”;
b
in subsection (2), for the words from the beginning to “is kept to a minimum” substitute “With a view to ensuring that any reduction in the scheme’s assets is kept to a minimum or that the assets of the scheme are invested in a way which, in the opinion of the scheme manager, is appropriate”;
c
in subsections (2) and (4), for “the Board”, substitute “the scheme manager”; and
d
in subsection (3), after paragraph (a)(i) insert —
ia
a professional adviser to the scheme;
ib
any other person appearing to the scheme manager to be a person who carries out, or is likely to carry out, activities relevant to the use of the assets of the scheme;
.
;
b
for paragraph 6 substitute —
6
In section 191 (notices requiring provision of information to the Board) —
a
in subsection (1)(b), after “the Board’s” insert “or scheme manager’s”;
b
in subsection (2) —
i
before paragraph (a), insert —
za
the scheme manager, in relation to the scheme manager’s functions,
;
ii
in paragraph (a), after “the Board,” insert “in relation to the Board’s functions,”; and
iii
in paragraph (b), after “the Board” insert “or scheme manager”; and
c
in subsection (3) —
i
omit “and” at the end of paragraph (d);
ii
after paragraph (d), insert —
da
in the case of a wound up scheme, any insurance company (within the meaning of the Financial Assistance Scheme Regulations 2005 ) which is paying annuities to former members of the scheme, and
; and
iii
in paragraph (e) —
aa
after “the Board” insert “, scheme manager”; and
bb
after “the Board’s” insert “or scheme manager’s”.
.
Amendment of Schedule 2
14
In Schedule 2 (determination of annual and initial payments) —
a
in paragraph 1(2) omit the definition of “the certification date”; and
b
for paragraph 10(ba) substitute —
ba
for “regulation 17(2) and (3)” in each place, substitute “regulation 18(4)”;
.
Insertion of Schedule 2A
15
After Schedule 2 insert —
SCHEDULE 2A
DETERMINATION OF ILL HEALTH AND INTERIM ILL HEALTH PAYMENTS
Regulations 17A(8) and 17B(6)
Introductory
1
This Schedule applies for the purposes of determining the amount of an ill health payment or an interim ill health payment payable to or in respect of qualifying members of qualifying pension schemes who are unable to work due to ill health and are likely to continue to be so unable to work until normal retirement age.
Amount of an ill health payment
2
1
The amount of an ill health payment payable to a qualifying member of a qualifying pension scheme shall be —
C (
(
A × 0.9
)
− B )
2
The amount of an ill health payment payable to a survivor of a qualifying member of a qualifying pension scheme shall be —
a
one-half of the ill health payment which was payable to the qualifying member in accordance with sub-paragraph (1) immediately before his death where —
i
that member was in receipt of an ill health payment at the time of his death; or
ii
that member was in receipt of an interim ill health payment and dies on or after the date on which the liabilities of the scheme in respect of that member are discharged (whether by entry into an annuity contract or by other means); or
b
where the qualifying member was in receipt of an interim ill health payment at the time of his death and dies before the date on which the liabilities of the scheme in respect of that member are discharged —
C ( (
A × 0.9
2
) − B )
3
In this paragraph —
“A” means the amount of expected pension which would be determined in accordance with Schedule 2 if —
the beneficiary were entitled to an annual payment; and
the modifications in paragraph 6 applied;
“B” means the amount of actual pension which would be determined in accordance with Schedule 2 if —
the beneficiary were entitled to an annual payment; and
the modifications in paragraph 6 applied; and
“C” means the actuarial factor, determined in accordance with paragraph 5, to be applied.
4
This paragraph is subject to paragraphs 4 and 7.
Amount of an interim ill health payment
3
1
The amount of an interim ill health payment payable to a qualifying member of a qualifying pension scheme shall be —
C (
(
A × 0.9
)
− D )
2
The amount of an interim ill health payment payable to a survivor of a qualifying member of a qualifying pension scheme shall be —
C ( (
A × 0.9
2
) − E )
3
In this paragraph —
“A” means the amount of expected pension which would be determined in accordance with Schedule 2 if —
the beneficiary were entitled to an initial payment; and
the modifications in paragraph 6 applied;
“C” means the actuarial factor, determined in accordance with paragraph 5, to be applied;
“D” means the amount of interim pension which would be determined in accordance with Schedule 2 if —
the qualifying member were entitled to an initial payment; and
the modifications in paragraph 6 applied; and
“E” means the amount of interim pension payable to the survivor which would be determined in accordance with Schedule 2 if —
the survivor were entitled to an initial payment; and
the modifications in paragraph 6 applied.
4
This paragraph is subject to paragraphs 4 and 7.
Revaluation
4
1
Where there is a period of one month or more between the certification date and the date on which the ill health payment or interim ill health payment is first payable to a qualifying member of a qualifying pension scheme in accordance with regulation 17A or 17B, the amount determined in accordance with paragraph 2(1) or 3(1) before the actuarial factor “C” is applied shall be increased by the appropriate revaluation percentage of that amount.
2
In sub-paragraph (1) the “appropriate revaluation percentage” means the lesser of —
a
the percentage increase in the general level of prices in Great Britain during the period referred to in sub-paragraph (1); and
b
the maximum revaluation rate.
3
The method for determining the percentage increase in the general level of prices in Great Britain 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 ill health payment or interim ill health payment is first payable to the qualifying member under regulation 17A or 17B; and
“B” is the level of the retail prices index for the month two months before the month in which the certification date falls.”.
4
In sub-paragraph (2)(b), “the maximum revaluation rate” in relation to that period is —
a
if that period is a period of 12 months, 5%; and
b
in any other case, the percentage that would be the percentage mentioned in sub-paragraph (2)(a) had the general level of prices in Great Britain increased at the rate of 5% compound per annum during that period.
Actuarial reduction
5
The actuarial factor to be applied in paragraphs 2 and 3 shall be determined by the scheme manager, having regard to —
a
the age of the qualifying member;
b
the normal retirement age of the qualifying member; and
c
such other matters as the scheme manager considers relevant.
Modifications to Schedule 2
6
The following modifications to Schedule 2 apply for the purposes of paragraphs 2 and 3 of this Schedule —
a
for paragraphs 4(5)(b) and 5(8)(b) substitute —
b
ending on the day before the day on which the scheme began to wind up.
;
b
in paragraph 4(7)(b)(ii) for “annual payment in accordance with regulation 17(2) or (3)” substitute “ill health payment in accordance with regulation 17A(1)”;
c
for paragraph 5(10)(b) substitute —
b
ending on the day from which the qualifying member became entitled to an ill health payment in accordance with regulation 17A(1).
;
d
omit paragraphs 7 and 9; and
e
for paragraph 10(ba) substitute —
ba
for “regulation 17A(1)”, in each place it occurs, substitute “regulation 17B(2)”;
bb
for “ill health payment”, in each place it occurs, substitute “interim ill health payment”;
bc
for paragraph 4(7)(b) substitute —
“b
ending on the day from which the qualifying member is entitled to an interim ill health payment in accordance with regulation 17B(2).
.
Cap on expected pension and actual pension
7
1
Where the amount of a qualifying member’s expected pension determined in accordance with paragraph 2 or 3 multiplied by 0.9 exceeds £26,000, the amount of the ill health payment or interim ill health payment payable to, or in respect of, that member under paragraph 2 or 3 shall be determined on the basis that the product of that calculation was £26,000.
2
Where the amount of a qualifying member’s actual pension or interim pension determined in accordance with this Schedule exceeds —
a
the amount of the qualifying member’s expected pension determined in accordance with paragraph 2 or 3 multiplied by 0.9; or
b
£26,000,
no ill health payment or interim ill health payment shall be payable to, or in respect of, that member.
Rounding
8
Where the amount of an ill health payment or interim ill health payment determined in accordance with this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.
.
PART 3 Amendment of the FAS Information and Payments Regulations
Amendment of the FAS Information and Payments Regulations
16
The FAS Information and Payments Regulations are amended in accordance with this Part.
Amendment of regulation 2
17
In the definition of “normal retirement age” in regulation 2(1) (interpretation) after “means,” insert “except in paragraph 1(3) of Schedule 1,”.
Amendment of Schedule 1
18
In paragraph 1 of Schedule 1 (information to be provided by appropriate persons) —
a
in sub-paragraph (2) —
i
in paragraph (l) in column 2 of the fourth item of the table, after “Schedule 2” insert “or Schedule 2A”; and
ii
for the words in column 3 of the fourth item of the table substitute “In accordance with sub-paragraphs (3) and (4).”;
b
after sub-paragraph (2) insert —
3
Subject to sub-paragraphs (4) to (6), the period for information to be provided in relation to —
a
each member or former member who has not attained normal retirement age on the date which is 6 months after the date on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 come into force is —
i
the period of 3 months ending 3 months before the day on which the member or former member attains normal retirement age; and
ii
where the scheme manager requests the information (regardless of whether or not the information was provided in accordance with sub-paragraph (i)), the period of 3 months beginning on the day on which the request was made,
or such longer period as the scheme manager may determine for the provision of that information;
b
each member or former member who has attained normal retirement age on the date referred to in paragraph (a) or any survivor of a member or former member, is the period of 3 months beginning on the day on which the scheme manager requested the information or such longer period as the scheme manager may determine for the provision of that information.
4
Where the information is to be provided in relation to a person who is terminally ill or unable to work due to ill health, the period is the period of 14 days beginning on the day on which the scheme manager requested the information or such longer period as the scheme manager may determine for the provision of that information.
5
A request for information is not a request for information for the purposes of sub-paragraph (3)(a)(ii) where it relates to information which has not been provided within the period determined under sub-paragraph (3)(a)(i).
6
Where a request for information is not a request for information for the purposes of sub-paragraph (3)(a)(ii) by virtue of sub-paragraph (5), the period for the information to be provided shall be determined by the scheme manager.
7
In sub-paragraphs (3) and (4), “normal retirement age” and “terminally ill” have the meanings given by the FAS Regulations.
.
PART 4 Amendment of the FAS Internal Review Regulations and the FAS Appeals Regulations
Amendment of the FAS Internal Review Regulations
19
1
The FAS Internal Review Regulations are amended in accordance with this regulation.
2
In regulation 2(1) (reviewable determinations) —
a
at the end of sub-paragraph (d) omit “or”;
b
after sub-paragraph (e) insert —
f
the amount of an ill health payment payable to a qualifying member of a qualifying pension scheme or to a survivor of that qualifying member in accordance with regulation 17A (ill health payments) of, and Schedule 2A (determination of ill health and interim ill health payments) to, the FAS Regulations (“ill health payment assessment”); and
g
whether or not the scheme manager is satisfied that a qualifying member of a qualifying pension scheme is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age for the purposes of regulations 17A(1) (ill health payments) and 17B(1) (interim ill health payments) of the FAS Regulations (“ill health eligibility”).
.
3
In each place it occurs (except in regulations 2(1)(d) and 5(1)(b)(ii)), after “member assessment” insert “, ill health payment assessment, ill health eligibility”.
Amendment of the FAS Appeals Regulations
20
1
The FAS Appeals Regulations are amended in accordance with this regulation.
2
In regulation 2 (interpretation) —
a
after the definition of “Deputy PPF Ombudsman” insert —
“ill health eligibility decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to whether or not the scheme manager is satisfied that a qualifying member is unable to work due to ill health and is likely to continue to be so unable to work until normal retirement age for the purposes of regulations 17A(1) (ill health payments) and 17B(1) (interim ill health payments) of the FAS Regulations;
“ill health payment assessment decision” means a review decision made by the scheme manager under the FAS Internal Review Regulations which relates to a determination as to the amount of an ill health payment payable to a beneficiary in accordance with regulation 17A of, and Schedule 2A (determination of ill health and interim ill health payments) to, the FAS Regulations;
; and
b
in the definition of “member assessment decision”, after “payable to a qualifying member” insert “or a survivor of that qualifying member”.
3
In regulations 6(2)(b) (notice of appeal) and 17(4)(a) (time and place of oral hearings), after “member assessment decision” insert “, an ill health payment assessment decision, an ill health eligibility decision”.
PART 5 Amendment of Contracting-out Regulations
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
21
In regulation 49 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (insolvent schemes) —
a
at the end of paragraph (3)(a) omit “and”;
b
after paragraph (3)(a) insert —
aa
except where paragraph (3A) applies, the member is not a qualifying member of a qualifying pension scheme for the purposes of the Financial Assistance Scheme Regulations 2005 ; and
; and
c
after paragraph (3) insert —
3A
This paragraph applies where —
a
the member has been notified in accordance with regulation 50 before the date on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 came into force; and
b
the Commissioners for Her Majesty’s Revenue and Customs receive a written application for the member’s state scheme rights to be restored in accordance with this regulation.
.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996
22
In regulation 49 of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 (insolvent schemes) —
a
at the end of paragraph (3)(a), omit “and”;
b
after paragraph (3)(a), insert —
aa
except where paragraph (3A) applies, the member is not a qualifying member of a qualifying pension scheme for the purposes of the Financial Assistance Scheme Regulations 2005, and
; and
c
after paragraph (3), insert —
3A
This paragraph applies where —
a
the member has been notified in accordance with regulation 50 before the date on which the Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 came into force, and
b
the Commissioners for Her Majesty’s Revenue and Customs receive a written application for the member’s state scheme rights to be restored in accordance with this regulation.
.
Signed by authority of the Secretary of State for Work and Pensions
Mike O’Brien
Minister of State,
Department for Work and Pensions
16th July 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty Land Tax (Exemption of Certain Acquisitions of Residential Property) Regulations 2008 and shall come into force on 3rd September 2008.
2
These Regulations shall have effect in relation to transactions with an effective date —
a
on or after 3rd September 2008, and
b
before 3rd September 2009.
Interpretation
2
In these Regulations expressions which are used in Part 4 of the Finance Act 2003 have the same meaning as in that Part.
Exemption for acquisitions of residential property at not more than £175,000
3
1
A land transaction is exempt from the charge to stamp duty land tax if —
a
it is a relevant acquisition of land which consists entirely of residential property, and
b
the relevant chargeable consideration for the transaction is not more than £175,000.
2
In paragraph (1)(a) a “relevant acquisition of land” means an acquisition of a major interest in land other than —
a
the grant of a lease for a term of less than 21 years, or
b
the assignment of a lease which has less than 21 years to run.
3
In paragraph (1)(b) the “relevant chargeable consideration for the transaction” means —
a
the chargeable consideration for the transaction, or
b
where the transaction is one of a number of linked transactions, the total of the chargeable consideration for all those transactions.
Steve McCabe
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd September 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the NHS Direct National Health Service Trust (Establishment) Amendment Order 2008 and shall come into force on 31st October 2008.
2
In this Order —
“the Establishment Order ” means the NHS Direct National Health Service Trust (Establishment) Order 2007 ;
“ the trust ” means the National Health Service trust established by the Establishment Order.
Amendment of article 1 of the Establishment Order
2
In article 1 of the Establishment Order (citation, commencement and interpretation), in paragraph (2) —
a
after the definition of “general ophthalmic services” insert the following definitions —
“influenza pandemic” means a global outbreak of pandemic influenza;
“National Pandemic Flu Line Service” means a multi-channel remote access service for the assessment of patients and the authorisation of medication in the event of an influenza pandemic;
; and
b
after the definition of “operational date” insert the following definition —
“pandemic influenza” means influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza;
.
Amendment of article 3 of the Establishment Order
3
In article 3 of the Establishment Order (nature and functions of the trust), in paragraph (2) —
a
in sub-paragraph (b) omit the word “and”; and
b
after sub-paragraph (b) insert the following paragraph —
ba
the National Pandemic Flu Line Service, including —
i
advice to the public in relation to persons who have or may have pandemic influenza, including clinical and self care advice;
ii
the authorisation of medication where appropriate in relation to persons assessed as having pandemic influenza; and
c
in sub paragraph (c) for “(a) and (b)” substitute “(a) to (ba)”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
20th October 2008


text:
1
1
This Order may be cited as the Heritable Bank plc (Determination of Compensation) Order 2008.
2
This Order comes into force on the day after the day on which it is made.
2
1
The amount of any compensation payable by the Treasury to Heritable in respect of the rights and liabilities transferred by the Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 is determined as nil.
2
In paragraph (1) “Heritable” means Heritable Bank plc, company registered in Scotland number SC000717.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2008


text:
Citation
1
This Order may be cited as the Double Taxation Relief and International Tax Enforcement (Taxes on Income and Capital) (Slovenia) Order 2008.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Convention set out in Part 1 of the Schedule to this Order and in the Protocol set out in Part 2 of that Schedule have been made with the Government of the Republic of Slovenia with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of the Republic of Slovenia;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration, enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Family Proceedings Fees (Amendment) Order 2008.
2
Except as provided in paragraph (3), this Order shall come into force on 26th November 2008.
3
Article 5 shall come into force on 8th December 2008.
Amendment of the Family Proceedings Fees Order 2008
2
The Family Proceedings Fees Order 2008 is amended as follows.
3
For the description of fee 1.2, after “On presenting any petition,”, insert “including a petition for a declaration of parentage, divorce or dissolution of civil partnership,”.
4
For the description of fee 1.3, substitute “On applying for a non-molestation order, an occupation order or a forced marriage protection order under Part 4 or Part 4A of the Family Law Act 1996 (or on applying for two or more of those orders).”.
5
In fee 2.1 —
1
for the description, substitute “On an application for an order in form C1 or form C100 (free-standing application), form C78 (application related to enforcement of a contact order), form C2 (application in existing proceedings) or a request for permission to apply for an order in form C2 under the following provisions of the Children Act 1989 — ”;
2
after sub-paragraph (c), insert —
ca
section 11J(2) (enforcement orders);
cb
section 11O(2) (compensation for financial loss)
; and
3
after sub-paragraph (o), insert —
(oa) paragraph 4(2), 6(2), 7(2) or 9(2) of Schedule A1 (applications in respect of enforcement orders); £80 (ob) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address); £40
6
After fee 2.2 —
1
delete —
a
the notes that apply to fee 2.2 only,
b
the notes that apply to fees 2.1 and 2.2; and
2
insert —
Notes to fees 2.1 and 2.2
Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.
Where an application is made, permission is sought or an appeal is commenced under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable.
Where an application is made, permission is sought or on appeal is commenced under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee is payable only once.
Where the same application is made, permission is sought or an appeal is commenced in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable in respect of each numbered fee.
Notes to fee 2.2 only
Where a final order is made at a case management conference, £500 of the amount paid under fee 2.2(a) will be refunded.
Where the court lists more than one issues resolution hearing or pre-hearing review, the fee is payable only once.
Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.
Where a fee is paid under fee 2.2(b) or (c) in relation to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded. A refund will not be given if the hearing is adjourned to a later date or to a date to be fixed.
7
In fee 3 —
1
after fee 3.1, delete the notes; and
2
after fee 3.3, insert —
When an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.
Where an application is made or permission is sought under or relating to two or more provisions of the Adoption and Children Act 2002 only one fee is payable.
Where the same application is made or permission is sought in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable.
8
For fee 11.4, substitute —
11.4(a) On an application for a garnishee order, a third party debt order or the appointment of a receiver by way of equitable execution. £55 11.4(b) On an application for a charging order.
Fee 11.4(a) is payable in respect of each third party against whom the order is sought.
Fee 11.4(b) is payable in respect of each charging order applied for.
£55
9
For fee 13.3, substitute —
13.3(a) On an application for a garnishee order nisi, or the appointment of a receiver by way of equitable execution. £50 13.3(b) On an application for a charging order nisi.
Fee 13(a) is payable in respect of each third party against whom the order is sought.
Fee 13(b) is payable in respect of each charging order applied for.
£50
10
In paragraph 1(1) of Schedule 2, in the definition of “party”, for “the party” substitute “the individual”.
11
In paragraph 2 of Schedule 2, after sub-paragraph 2(d), insert —
; and
e
income-related employment and support allowance under the Welfare Reform Act 2007 .
.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th November 2008
We consent,
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
4th November 2008


text:
PART 1
INTRODUCTORY
Title and extent
1
1
This Order may be cited as the Sexual Offences (Northern Ireland Consequential Amendments) Order 2008.
2
This Article, and Articles 2, 13 and 14, extend to the whole of the United Kingdom.
3
The remaining provisions of this Order extend to England and Wales and to Northern Ireland.
Commencement
2
1
Article 1, this Article and Article 9 come into force one week after the day on which this Order is made.
2
Article 15 comes into force —
a
so far as relating to the repeal of paragraph 18(2) of Schedule 6 to the Sexual Offences Act 2003 , on the day appointed for the coming into operation of paragraph 12(2) of Schedule 1 to the principal Order ;
b
so far as relating to the repeal of paragraph 39 of Schedule 6 to that Act, on the day appointed for the coming into operation of paragraph 26(b) of Schedule 1 to the principal Order;
c
so far as relating to the repeal of paragraph 46(5)(a) of Schedule 6 to that Act, on the day appointed for the coming into operation of paragraph 29(3) of Schedule 1 to the principal Order;
3
The remaining provisions of this Order come into force on the day appointed for the coming into operation of Article 78 of the principal Order.
4
In this Article “the principal Order” means the Sexual Offences (Northern Ireland) Order 2008 .
PART 2
SEXUAL OFFENCES ACT 2003
Amendment of the Sexual Offences Act 2003
3
The Sexual Offences Act 2003 is amended in accordance with the following provisions of this Part.
Section 15 (meeting a child following sexual grooming etc. )
4
1
Section 15 is amended as follows.
2
Omit subsection (2)(b)(ii).
3
In subsection (2)(b)(iii) omit “and Northern Ireland” and “or (ii)”.
4
Omit subsection (3).
Section 20 (abuse of position of trust: acts done in Scotland)
5
1
Section 20 is amended as follows.
2
Omit “or Northern Ireland”.
3
After “in Scotland” insert “or Northern Ireland”.
Section 21 (positions of trust)
6
1
Section 21 is amended as follows.
2
In subsection (3) —
a
in paragraph (a) omit “or Article 27(2) of the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 (N.I. 2) )”, and
b
in paragraph (b) omit “or Article 75(1) of that Order”.
3
In subsection (4) —
a
in paragraph (c) omit “residential care home or private hospital”,
b
at the end of paragraph (d) insert “or”,
c
omit the word “or” at the end of paragraph (e), and
d
omit paragraph (f).
4
Omit subsection (6).
5
In subsection (8) omit paragraph (b) and the word “or” at the end of paragraph (a).
6
In subsection (9) omit “or under Article 4 of the Children (Northern Ireland) Order 1995”.
7
In subsection (10) omit paragraph (b) and the word “or” at the end of paragraph (a).
8
In subsection (12)(c) omit “or Article 60(1) of the Children (Northern Ireland) Order 1995”.
Section 22 (positions of trust: interpretation)
7
In section 22(5) omit the following provisions —
a
paragraph (b) of the definition of “authority”;
b
paragraph (b) of the definition of “care order”, and the word “and” at the end of paragraph (a);
c
paragraph (b) of the definition of “children’s home”, and the word “and” at the end of paragraph (a);
d
paragraph (b) of the definition of “education supervision order”, and the word “and” at the end of paragraph (a);
e
paragraph (b) of the definition of “hospital”;
f
paragraph (b) of the definition of “independent clinic”;
g
the definitions of “private hospital”, “residential care home” and “residential family centre”;
h
paragraph (b) of the definition of “supervision order”, and the word “and” at the end of paragraph (a);
i
paragraph (b) of the definition of “voluntary home”, and the word “and” at the end of paragraph (a).
Section 47 (paying for sexual services of a child)
8
Omit section 47(7) (modification for Northern Ireland).
Section 60 (trafficking offences under sections 57 to 59: interpretation and jurisdiction)
9
In section 60(1), after paragraph (b) insert —
ba
an offence under any provision of the Sexual Offences (Northern Ireland) Order 2008,
.
Section 72 (offences outside the United Kingdom)
10
1
Section 72 is amended as follows.
2
In subsection (1) —
a
omit “or Northern Ireland”, and
b
for “that part of the United Kingdom” substitute “England and Wales”.
3
In subsection (2) —
a
omit “or Northern Ireland”, and
b
for “that part of the United Kingdom” substitute “England and Wales”.
4
In subsection (3) —
a
omit “or Northern Ireland”, and
b
for “that part of the United Kingdom” substitute “England and Wales”.
Section 142 (extent, saving etc.)
11
In section 142(2) (provisions which extend to Northern Ireland) —
a
for paragraph (a) substitute —
a
sections 46 and 57 to 60C,
, and
b
omit paragraph (b).
Schedule 2 (sexual offences to which section 72 applies)
12
In Schedule 2 omit —
a
paragraph 2, and
b
in paragraph 3 the words “or 2(1)”.
Schedule 3 (sexual offences for the purposes of Part 2)
13
In Schedule 3, after paragraph 92 insert —
92A
An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault by penetration).
92B
An offence under Article 7 of that Order (sexual assault) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case —
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been —
aa
sentenced to a term of imprisonment,
bb
detained in a hospital, or
cc
made the subject of a community sentence of at least 12 months.
92C
An offence under Article 8, 12 or 13 of that Order (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).
92D
An offence under Article 14 of that Order (sexual assault of a child under 13) if the offender —
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92E
An offence under any of Articles 15 to 19 of that Order (causing or inciting a child under 13 to engage in sexual activity, sexual offences against children committed by adults).
92F
An offence under Article 20 of that Order (sexual offences against children committed by children or young persons), if the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92G
An offence under Article 21 of that Order (arranging or facilitating the commission of a sexual offence against a child) if the offender —
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92H
An offence under Article 22 of that Order (meeting a child following sexual grooming etc ).
92I
An offence under any of Articles 23 to 26 of that Order (abuse of a position of trust) if the offender, in respect of the offence, is or has been —
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
92J
An offence under Article 32 or 33 of that Order (familial sexual offences against children) if the offender —
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92K
An offence under Article 37 (paying for sexual services of a child) if the victim or (as the case may be) other party was under 16, and the offender —
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92L
An offence under Article 38 (causing or inciting child prostitution or pornography) if the offender —
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92M
An offence under Article 39 (controlling a child prostitute or a child involved in pornography) if the offender —
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92N
An offence under Article 40 (arranging or facilitating child prostitution or pornography) if the offender —
a
was 18 or over, or
b
is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
92O
An offence under any of Articles 43 to 50 of that Order (offences against persons with a mental disorder impeding choice, inducements etc. to persons with mental disorder).
92P
An offence under any of Articles 51 to 54 of that Order (care workers for persons with mental disorder) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been —
i
sentenced to a term of imprisonment,
ii
detained in a hospital, or
iii
made the subject of a community sentence of at least 12 months.
92Q
An offence under Article 65 of that Order (administering a substance with intent).
92R
An offence under Article 66 or 67 of that Order (committing an offence or trespassing, with intent to commit a sexual offence) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case —
i
the intended offence was an offence against a person under 18, or
ii
the offender, in respect of the offence or finding, is or has been —
aa
sentenced to a term of imprisonment,
bb
detained in a hospital, or
cc
made the subject of a community sentence of at least 12 months.
92S
An offence under Article 68 or 69 of that Order (sex with an adult relative) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been —
i
sentenced to a term of imprisonment, or
ii
detained in a hospital.
92T
An offence under Article 70 of that Order (exposure) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case —
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been —
aa
sentenced to a term of imprisonment,
bb
detained in a hospital, or
cc
made the subject of a community sentence of at least 12 months.
92U
An offence under Article 71 of that Order (voyeurism) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case —
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been —
aa
sentenced to a term of imprisonment,
bb
detained in a hospital, or
cc
made the subject of a community sentence of at least 12 months.
92V
An offence under Article 73 or 74 of that Order (intercourse with an animal, penetration of a corpse) if —
a
where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case, the offender, in respect of the offence or finding, is or has been —
i
sentenced to a term of imprisonment, or
ii
detained in a hospital.
Schedule 5 (other offences for the purposes of Part 2)
14
In Schedule 5 (other offences for the purposes of Part 2) —
a
in paragraph 171 omit the words “51 to 53 or”; and
b
after paragraph 171A insert —
171B
An offence under Article 62 (causing or inciting prostitution for gain) or 63 (controlling prostitution for gain) of the Sexual Offences (Northern Ireland) Order 2008.
Schedule 6 (minor and consequential amendments)
15
In Schedule 6 (minor and consequential amendments) omit paragraphs 18(2), 39 and 46(5)(a).
PART 3
AMENDMENTS OF OTHER ACTS
Amendment of the Criminal Justice and Public Order Act 1994
16
1
The Criminal Justice and Public Order Act 1994 is amended as follows.
2
In section 25(2)(d) omit “or Northern Ireland”.
3
In section 25(d) —
a
after paragraph (m) insert —
ma
an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (rape);
mb
an offence under Article 6 of that Order (assault by penetration);
mc
an offence under Article 8 of that Order (causing a person to engage in sexual activity without consent) where the activity caused involved penetration within paragraph (4)(a) to (d) of that Article;
md
an offence under Article 12 of that Order (rape of a child under 13);
me
an offence under Article 13 of that Order (assault of a child under 13 by penetration);
mf
an offence under Article 15 of that Order (causing or inciting a child under 13 to engage in sexual activity) where an activity involving penetration within paragraph (2)(a) to (d) of that Article was caused;
mg
an offence under Article 43 of that Order (sexual activity with a person with a mental disorder impeding choice) where the touching involved penetration within paragraph (3)(a) to (d) of that Article;
mh
an offence under Article 44 of that Order (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity) where an activity involving penetration within paragraph (3)(a) to (d) of that Article was caused;
; and
b
in paragraph (n) for “(m)” substitute “(mh)”.
Amendment of the Criminal Justice Act 2003
17
In Part 3 of Schedule 15A to the Criminal Justice Act 2003 (offences under the law of Northern Ireland) after paragraph 49 insert —
49A
An offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (rape).
49B
An offence under Article 6 of that Order (assault by penetration).
49C
An offence under Article 8 of that Order (causing a person to engage in sexual activity without consent) if the offender was liable on conviction on indictment to imprisonment for life.
49D
An offence under Article 12 of that Order (rape of a child under 13).
49E
An offence under Article 13 of that Order (assault of a child under 13 by penetration).
49F
An offence under Article 15 of that Order (causing or inciting a child under 13 to engage in sexual activity) if the offender was liable on conviction on indictment to imprisonment for life.
49G
An offence under Article 37 of that Order (paying for sexual services of a child) if the offender was liable on conviction on indictment to imprisonment for life.
49H
An offence under Article 43 of that Order (sexual activity with a person with a mental disorder impeding choice) if the offender was liable on conviction on indictment to imprisonment for life.
49I
An offence under Article 44 of that Order (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity) if the offender was liable on conviction on indictment to imprisonment for life.
49J
An offence under Article 47 of that Order (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender was liable on conviction on indictment to imprisonment for life.
49K
An offence under Article 48 of that Order (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception) if the offender was liable on conviction on indictment to imprisonment for life.
49L
An offence under Article 66 of that Order (committing an offence with intent to commit a sexual offence) if the offender was liable on conviction on indictment to imprisonment for life.
Transitional provision: the Criminal Justice Act 2003
18
1
The amendment made by this Article has effect only until the repeal of Schedule 17 to the Criminal Justice Act 2003 comes fully into force.
2
In Schedule 17 to the Criminal Justice Act 2003 (Northern Ireland offences specified for the purposes of section 229(4) of that Act, which relates to detention in cases of significant risk of serious harm to members of the public), in Part 2 (sexual offences) at the end insert —
111
An offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (rape).
112
An offence under Article 6 of that Order (assault by penetration).
113
An offence under Article 7 of that Order (sexual assault).
114
An offence under Article 8 of that Order (causing a person to engage in sexual activity without consent).
115
An offence under Article 12 of that Order (rape of a child under 13).
116
An offence under Article 13 of that Order (assault of a child under 13 by penetration).
117
An offence under Article 14 of that Order (sexual assault of a child under 13).
118
An offence under Article 15 of that Order (causing or inciting a child under 13 to engage in sexual activity).
119
An offence under Article 16 of that Order (sexual activity with a child).
120
An offence under Article 17 of that Order (causing or inciting a child to engage in sexual activity).
121
An offence under Article 18 of that Order (engaging in sexual activity in the presence of a child).
122
An offence under Article 19 of that Order (causing a child to watch a sexual act).
123
An offence under Article 20 of that Order (sexual offences against children committed by children or young persons).
124
An offence under Article 21 of that Order (arranging or facilitating commission of a sexual offence against a child).
125
An offence under Article 22 of that Order (meeting child following sexual grooming etc.).
126
An offence under Article 23 of that Order (abuse of position of trust: sexual activity with a child).
127
An offence under Article 24 of that Order (abuse of position of trust: causing or inciting a child to engage in sexual activity).
128
An offence under Article 25 of that Order (abuse of position of trust: sexual activity in the presence of a child).
129
An offence under Article 26 of that Order (abuse of position of trust: causing a child to watch a sexual act).
130
An offence under Article 32 of that Order (sexual activity with a child family member).
131
An offence under Article 33 of that Order (inciting a child family member to engage in sexual activity).
132
An offence under Article 37 of that Order (paying for sexual services of a child).
133
An offence under Article 38 of that Order (causing or inciting child prostitution or pornography).
134
An offence under Article 39 of that Order (controlling a child prostitute or a child involved in pornography).
135
An offence under Article 40 of that Order (arranging or facilitating child prostitution or pornography).
136
An offence under Article 43 of that Order (sexual activity with a person with a mental disorder impeding choice).
137
An offence under Article 44 of that Order (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity).
138
An offence under Article 45 of that Order (engaging in sexual activity in the presence of a person with a mental disorder impeding choice).
139
An offence under Article 46 of that Order (causing a person, with a mental disorder impeding choice, to watch a sexual act).
140
An offence under Article 47 of that Order (inducement, threat or deception to procure sexual activity with a person with a mental disorder).
141
An offence under Article 48 of that Order (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception).
142
An offence under Article 49 of that Order (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder).
143
An offence under Article 50 of that Order (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception).
144
An offence under Article 51 of that Order (care workers: sexual activity with a person with a mental disorder).
145
An offence under Article 52 of that Order (care workers: causing or inciting sexual activity).
146
An offence under Article 53 of that Order (care workers: sexual activity in the presence of a person with a mental disorder).
147
An offence under Article 54 of that Order (care workers: causing a person with a mental disorder to watch a sexual act).
148
An offence under Article 62 of that Order (causing or inciting prostitution for gain).
149
An offence under Article 63 of that Order (controlling prostitution for gain).
150
An offence under Article 64 of that Order (administering a substance with intent).
151
An offence under Article 65 of that Order (committing an offence with intent to commit a sexual offence).
152
An offence under Article 66 of that Order (trespass with intent to commit a sexual offence).
153
An offence under Article 70 of that Order (exposure).
154
An offence under Article 71 of that Order (voyeurism).
155
An offence under Article 73 of that Order (intercourse with an animal).
156
An offence under Article 74 of that Order (sexual penetration of a corpse).
Judith Simpson
Clerk of the Privy Council