text:
Title, commencement and interpretation
1
These Regulations come into force on 18 November 2010 and their title is The M4 Motorway (Junction 41, Westbound Exit Slip Road, Sunnycroft Roundabout, Baglan, Neath Port Talbot) (50 MPH Speed Limit) Regulations 2010.
2
In these Regulations —
“the M4 motorway” means the M4 London to South Wales Motorway.
Imposition of a speed limit
3
No person shall drive a vehicle at a speed exceeding 50 miles per hour on that length of the westbound exit slip road from Junction 41 of the M4 motorway that extends from a point 330 metres south east of its junction with the circulatory carriageway at Sunnycroft Roundabout, Baglan in the County Borough of Neath Port Talbot to a point where it merges with that circulatory carriageway.
Ieuan Wyn Jones
Minister for the Economy and Transport , one of the Welsh Ministers
25 October 2010


type: legislation

jurisdiction: UK

text:
1
This Instrument may be cited as “The Cornwall Council (Hayle North Quay) Bridge Scheme 2010 Confirmation Instrument 2010 ” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Cornwall Council (Hayle North Quay) Bridge Scheme 2010 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Cornwall Council at New County Hall, Treyew Road, Truro, Cornwall, TR1 3AY; and the Penzance Offices, St Clare, Penzance, Cornwall TR18 3QW.
Signed by authority of the Secretary of State for Transport
J. Blackie
Director
Government Office for the North East
16th December 2010


text:
1
This Order may be cited as the Proscribed Organisations (Name Changes) Order 2010 and shall come into force on 14th January 2010.
2
1
Each of the names specified in paragraph (2), being names that are not specified in Schedule 2 to the Terrorism Act 2000, is to be treated as another name for both Al-Ghurabaa and The Saved Sect, being organisations listed in that Schedule .
2
Those names are —
a
Al Muhajiroun ( ALM ),
b
Call to Submission,
c
Islam4UK,
d
Islamic Path, and
e
London School of Sharia.
David Hanson
Minister of State
Home Office
11th January 2010


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2010 and come into force on 1st April 2010.
2
In these Regulations, “the principal Regulations ” means the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 .
Amendments to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995
2
1
The principal Regulations are amended as follows.
2
In regulation 2(2), the definitions of “election”, “five yearly anniversary” and “one yearly anniversary” are omitted.
3
In regulation 3, paragraph (7A) is omitted.
4
Regulations 4 and 5 are omitted.
Refunds
3
1
For the purposes of these Regulations —
a
a licence has “ceased to be in force” where it has been revoked under sections 26(1) or 27(1) or has been surrendered or otherwise terminated under the Goods Vehicles (Licensing of Operators) Act 1995 or any other enactment;
b
“an earlier refund” is a refund payment made, before 1st April 2010, under regulation 4 of the principal Regulations as they had effect before the coming into force of these Regulations;
c
the “effective date” of an earlier refund is to be determined in accordance with section A of Part 3 of the Schedule;
d
subject to paragraph (4), “the monthly rate” is F÷N, where F is the relevant fee payment and N is the number of months in the relevant fee period;
e
a “relevant fee payment ” is a payment made at the rate applicable before 20th April 2009 in respect of fee numbers (v) or (vi) in the Schedule to the principal Regulations as they had effect before that date;
f
the “relevant fee period” is the period for which a relevant fee payment was payable in accordance with regulation 3(5) of the principal Regulations as they had effect before 20th April 2009.
2
Subject to paragraphs (4), (5) and (6), a refund, calculated in accordance with the formula set out in Part 1 of the Schedule, is to be paid in respect of that part of any relevant fee payment which relates to any part of a relevant fee period occurring after 31st March 2010.
3
Subject to paragraphs (4), (5) and (7), a refund, calculated in accordance with the formula set out in Part 2 of the Schedule, is to be paid in respect of that part of any relevant fee payment which relates to any part of a relevant fee period occurring after 31st March 2009 and before 1st April 2010.
4
Where there has been an earlier refund, the monthly rate is to be adjusted, for the purpose of calculating the refund due under paragraph (2) or (3), as follows —
a
the monthly rate is to be applied in full only to that part of the relevant fee period occurring before the effective date of the first or only earlier refund; and
b
a deduction, or successive deductions, calculated in accordance with section B of Part 3 of the Schedule, is to be made to the monthly rate, for the period beginning on the effective date of each earlier refund and ending on the last day of the relevant fee period.
5
Where there was an entitlement in respect of a relevant fee payment to a refund under regulation 4 of the principal Regulations, as they had effect before the coming into force of these Regulations, but none was made, before 1st April 2010, any refund paid in respect of that relevant fee payment under paragraph (2) or (3) is to discharge an equivalent amount of that earlier entitlement.
6
Paragraph (2) does not apply where a licence has ceased to be in force before the coming into force of these Regulations.
7
Where a licence has ceased to be in force before the coming into force of these Regulations payment of a refund under paragraph (3) is to be made only —
a
if an application in writing for that refund has been made to a traffic commissioner ; and
b
in respect of complete months in the period before the licence ceases to be in force or before the effective date of an earlier refund (if earlier).
Signed by authority of the Secretary of State
Paul Clark
Parliamentary Under Secretary of State
Department of Transport
23rd February 2010


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2010 and shall come into force on 1st November 2010.
Amendment of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003
2
In the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 —
a
for regulations 16 (manner of payment) and 17 (direct credit transfers) and the headings immediately preceding them substitute —
Payment by direct credit transfer
16
1
Child benefit or guardian’s allowance shall be paid in accordance with paragraphs (2) to (6) unless paid in accordance with regulation 17.
2
Payment of child benefit or guardian’s allowance to a person shall be made by direct credit transfer into a bank or other account that has been notified to the Board for the purpose of payment of —
a
a benefit described in section 5(2) of the Social Security Administration Act 1992;
b
a benefit described in section 5(2) of the Social Security Administration (Northern Ireland Act) 1992; or
c
a tax credit described in section 1 of the Tax Credits Act 2002,
to which that person is entitled.
3
If a person entitled to child benefit is also entitled to guardian’s allowance, the allowance shall be paid into the same bank or other account as that into which the child benefit is paid under this regulation.
4
The bank account or other account into which the Board may make payment of the allowance or benefit must be —
a
in the name of —
i
the person entitled to the benefit or allowance (“the person”),
ii
the person’s partner, or
iii
a person acting on behalf of the person; or
b
in the joint names of the person and —
i
the person’s partner, or
ii
a person acting on the person’s behalf.
5
Subject to paragraph (6), the benefit or allowance shall be paid within seven days of the last day of each successive period of entitlement.
6
The Board may make a particular payment by direct credit transfer otherwise than is provided by paragraph (5) if it appears to them appropriate to do so for the purpose of —
a
paying any arrears of benefit or allowance, or
b
making a payment in respect of a terminal period of an award for any similar purpose.
Payment by other means
17
1
Child benefit or guardian’s allowance may be paid by a means other than by direct credit transfer where it appears to the Board to be appropriate to do so in the circumstances of a particular case.
2
If a person entitled to child benefit is also entitled to guardian’s allowance, the allowance shall be paid in the same manner as that in which the child benefit is paid under this regulation.
3
An instrument of payment issued by the Board pursuant to this regulation shall —
a
remain the property of the Board, and
b
be returned immediately to the Board (or such person as the Board may direct) if the person who has the instrument —
i
is required to do so by the Board; or
ii
ceases to be entitled to any part of the benefit or allowance to which the instrument relates.
;
b
in regulations 25(a), 27(2)(a), 29(4)(a) and 35(1)(a), for “regulation 17” substitute “regulation 16”; and
c
in regulation 35(2)(b), for “before he agreed to the arrangement” substitute “before the Board made the arrangement for the payment of child benefit or guardian’s allowance into that account”.
Dave Hartnett
Bernadette Kenny
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th October 2010


text:
Title, application and commencement
1
These Regulations —
a
may be cited as the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2010;
b
apply in England; and
c
come into force on 29th July 2010.
Amendment to the Animals and Animal Products (Import and Export) (England) Regulations 2006
2
The Animals and Animal Products (Import and Export) (England) Regulations 2006 are amended in accordance with regulations 3 to 5.
Council Directive 2009/158/ EC
3
1
In regulation 1(3) substitute for the definition of “Council Directive 90/539/ EEC ” the following definition —
“Council Directive 2009/158/EC ” means Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs;
.
2
Substitute “Council Directive 2009/158/EC ” for “Council Directive 90/539/EEC ” —
a
in both places that it occurs in regulation 5(5); and
b
in Schedule 4 at paragraph 1.
3
For regulation 5(6) substitute —
6
An establishment to which paragraph (5)(a) applies is to be considered an approved establishment for the purposes of Article 6(a)(i) of Council Directive 2009/158/EC .
.
4
For regulation 9 substitute —
Approval of centres and teams for the purposes of Council Directive 92/65/EEC and of laboratories for the purposes of Council Directive 2009/158/EC
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Secretary of State shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.
2
The Secretary of State shall suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.
3
For the purposes of Article 11 of Council Directive 92/65/EEC , the Secretary of State shall approve any semen collection centre or embryo collection team which has applied to the Secretary of State for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.
4
The Secretary of State shall approve laboratories in accordance with Schedule 5 to these Regulations for the purposes of carrying out the tests for Mycoplasma and Salmonella infections required under Chapter III of Annex II to Council Directive 2009/158/EC .
.
Part 1 of Schedule 3
4
For Part 1 of Schedule 3 substitute —
PART I Legislation in Relation to Intra-Community Trade
Bovine animals and swine
1
Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine .
Bovine semen
2
Council Directive 88/407/EEC laying down the animal health conditions applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species .
Bovine embryos
3
Council Directive 89/556/EEC on animal health conditions concerning intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species .
Equidae
4
Council Directive 90/426/EEC on health conditions governing the movement of equidae and their import from third countries .
5
Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae .
Porcine semen
6
Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species .
Poultry and hatching eggs
7
Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs .
Animal waste
8
Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down rules concerning animal by-products not intended for human consumption .
Fish
9
Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals .
10
Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC .
11
Commission Regulation (EC) No 1251/2008 implementing Council Decision 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species .
Ovine and caprine animals
12
Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals .
Other animals, semen, ova and embryos
13
Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC .
Circuses and animal acts
14
Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States .
Pathogens
15
Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC .
Pure-bred animals of the bovine species
16
Council Directive 2009/157/EC on pure-bred breeding animals of the bovine species .
Breeding animals of the porcine species
17
Council Directive 88/661/EEC on the zootechnical standards applicable to breeding animals of the porcine species .
Pure-bred breeding sheep and goats
18
Council Directive 89/361/EEC concerning pure-bred breeding sheep and goats .
Bluetongue susceptible animals
19
Commission Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue .
Transmissible spongiform encephalopathies
20
Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies .
21
Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to the BSE risk .
.
Parts I and II of Schedule 7
5
For Schedule 7 substitute —
SCHEDULE 7
EU legislation in relation to imports from third countries
Regulation 16
PART I Instruments specifying Third Countries and territories in Third Countries from which Member States may authorise certain imports
Cloven-hoofed animals and elephants and zoo ungulates
1
Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements .
Poultry
2
Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements .
Captive birds
3
Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof .
Shellfish and finfish
4
Commission Regulation (EC) No 1251/2008 implementing Council Decision 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species .
Bees
5
Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements .
Equidae
6
Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species .
7
Commission Decision 2010/57/EU laying down health guarantees for the transit of equidae being transported through the territories listed in Annex I to Council Directive 97/78/EC .
Cats, dogs and ferrets
8
Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres .
PART II Detailed provisions
Cloven-hoofed animals and elephants and zoo ungulates
9
Commission Regulation (EC) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the EU of certain animals and fresh meat and the veterinary certification requirements .
Zoo ungulates
10
Council Directive 2004/68/EC laying down health rules for the importation into and transit through the Community of certain live ungulate animals .
General provisions for equidae
11
Council Directive 90/426/EEC on heal th conditions governing the movement of equidae and their import from third countries .
12
Commission Decision 2004/211/EC establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species .
Temporary admission of registered horses
13
Commission Decision 92/260/EEC on animal health conditions and veterinary certification for temporary admission of registered horses .
Registered horses for racing etc , upon re-entry
14
Commission Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export .
Equidae for slaughter
15
Commission Decision 93/196/EEC on animal health conditions and veterinary certification for imports of equidae for slaughter .
Registered equidae and equidae for breeding and production
16
Commission Decision 93/197/EEC on animal health conditions and veterinary certification on imports of registered equidae and equidae for breeding and production .
Poultry
17
Council Directive 2009/158/EC on animal health conditions governing intra-Commuity trade in, and imports from third countries of, poultry and hatching eggs .
18
Commission Regulation (EC) No 798/2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements .
Other specified animals, semen, ova and embryos
19
Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Council Directive 90/425/EEC .
Captive birds
20
Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof .
Cats, dogs and ferrets
21
Commission Decision 2005/64/EC implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres .
Live animals from New Zealand
22
Commission Decision 2003/56/EC on health certificates for the importation of live animals and animal products from New Zealand .
Zootechnical conditions
23
Council Directive 94/28/EC laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species .
Transmissible spongiform encephalopathies
24
Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control, and eradication of certain transmissible spongiform encephalopathies .
25
Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to the BSE risk .
.
Jim Paice
Minister of State
Department for Environment Food and Rural Affairs
5th July 2010


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 and shall come into force on 6 th April 2010.
2
In this Order “ the Act ” means the Regulation of Investigatory Powers Act 2000.
Amendment of Parts 1 and 2 of Schedule 1 to the Act
2
1
Schedule 1 to the Act (relevant public authorities) is amended as follows.
2
In Part 1 (relevant public authorities for the purposes of sections 28 and 29) omit —
a
paragraph 4A (the force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board) ,
b
paragraph 10 (the Ministry of Defence),
c
paragraph 15B (the Department for Work and Pensions) ,
d
paragraph 20D (the Postal Services Commission) , and
e
paragraph 23 (a universal service provider (within the meaning of the Postal Services Act 2000 ) acting in connection with the provision of a universal postal service (within the meaning of that Act)) .
3
In that Part, for paragraph 17A (any fire authority within the meaning of the Fire Services Act 1947) substitute —
17A
Any fire and rescue authority under the Fire and Rescue Services Act 2004 .
4
In that Part, after paragraph 20F insert —
20G
The Health and Safety Executive.
5
In Part 2 (relevant public authorities for the purposes only of section 28) omit paragraph 24 (the Health and Safety Executive).
6
In that Part, after paragraph 28 insert —
The Child Maintenance and Enforcement Commission
28A
The Child Maintenance and Enforcement Commission.
Special constables nominated by the Dover Harbour Board
28B
The force comprising the special constables appointed under section 79 of the Harbours, Docks and Piers Clauses Act 1847 on the nomination of the Dover Harbour Board.
The Department for Work and Pensions
28C
The Department for Work and Pensions.
The Postal Services Commission
28D
The Postal Services Commission
Universal service providers
28E
A universal service provider (within the meaning of the Postal Services Act 2000) acting in connection with the provision of a universal postal service (within the meaning of that Act).
Prescribed offices, ranks and position with relevant public authorities
3
1
The Schedule to this Order has effect.
2
Subject to the restrictions in articles 5 to 7, the offices, ranks and positions listed in the entries in —
a
column (2) of Part 1 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of sections 28 and 29 of the Act), and
b
column (2) of Part 2 of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 28 of the Act only),
are prescribed for the purposes of section 30(1) of the Act.
3
Where an office, rank or position with a relevant public authority is prescribed by virtue of article 3(2), all more senior offices, ranks or positions with that authority are also prescribed for the purpose of section 30(1) of the 2000 Act, subject to article 8.
4
Where an office, rank or position with a relevant public authority is described in column 2 of the Schedule to this Order by reference to an agency, unit, branch, division or other part of that authority, the reference in paragraph (3) to all more senior offices, ranks or positions with that authority is a reference to all more senior offices, ranks or positions with that agency, unit, branch, division or part.
Additional offices, ranks and positions prescribed for urgent cases
4
1
Subject to the restrictions in articles 5 to 7, the offices, ranks and positions listed in the entries in column (3) of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Schedule) are prescribed for the purposes of section 30(1) of the Act in the circumstances specified in paragraph (2).
2
An individual holding an office, rank or position which is listed in an entry in column (3) of the Schedule may only grant an authorisation (for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule or for the purposes of section 28 only in the case of an entry in Part 2) where it is not reasonably practicable, having regard to the urgency of the case, for the application for an authorisation to be considered by an individual with the same relevant public authority holding an office, rank or position which is listed in column (2) of the Schedule.
Restrictions on the granting of authorisations
5
1
An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of the Schedule may not grant an authorisation unless that individual believes it is necessary for any of the grounds set out in paragraphs (a) to (f) of —
a
section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or
b
section 28(3) of the Act in the case of an entry in Part 2,
which is listed in the corresponding entry in column (4) of the Schedule.
2
In column (4), a reference to a lettered paragraph is a reference to a paragraph identified by means of that letter in —
a
section 28(3) or 29(3) of the Act in the case of an entry in Part 1 of the Schedule (subject to article 6(3)), or
b
section 28(3) of the Act in the case of an entry in Part 2.
6
1
Where an entry in column (2) or (3) of Part 1 of the Schedule is headed by reference to an authorisation under section 28 or section 29, an authorisation may only be granted by the individual holding the office, rank or position listed in the entry under the section by which the entry is headed.
2
Such a heading in column (2) or (3) of Part 1 of the Schedule refers to section 28 or section 29, as the case may be, of the Act.
3
Where paragraph (1) applies, a reference to a paragraph in column (4) of Part 1 of the Schedule is to a paragraph in subsection (3) of the section specified in the heading.
7
An individual holding an office, rank or position with the Food Standards Agency may not grant an authorisation for conduct in Northern Ireland.
8
The restrictions on the granting of authorisations under sections 28 and 29 that apply to an individual holding an office, rank or position with a relevant public authority listed in column 2 of the Schedule to this Order shall also apply to individuals holding all more senior offices, ranks or positions with that authority that are prescribed by article 3(3).
Transitional arrangements
9
This Order does not affect the continued operation of the Orders mentioned in article 10 in relation to authorisations under section 28 or 29 of the Act granted before this Order comes into force.
Revocation
10
The following Orders are revoked to the extent indicated —
a
all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 , except articles 1 to 3,
b
articles 4 and 5 of the Independent Police Complaints Commission (Investigatory Powers) Order 2004 ,
c
all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2005 , except articles 1 and 2(1),
d
all of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2006 , except articles 1 and 2.
David Hanson
Minister of State
Home Office
25th February 2010


text:
Citation and commencement
1
This Order may be cited as the Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010 and shall come into force 10 days after the day on which it is made.
Purpose of Directions
2
The Secretary of State gives these directions for the purposes of: ensuring the release of additional electromagnetic spectrum for use by providers of next generation wireless mobile broadband; allowing early deployment and maximising the coverage of those services; creating greater investment certainty for operators; and implementing Directive 2009/114/ EC and the Decision on the liberalisation of frequencies in the 900MHz and 1800MHz bands.
Interpretation
3
In this Order —
“the 800MHz band” and other frequency bands are defined in Schedule 1;
“900MHz licence” means a licence authorising the use in the United Kingdom of frequencies in the 900MHz band to provide cellular mobile electronic communications services and “1800MHz licence”, and “2100MHz licence” shall be construed accordingly;
“the Auction” means the auction of licences authorising the use of frequencies to be held by OFCOM pursuant to article 9;
“the Decision” means Commission Decision 2009/766/EC on the harmonisation of the 900MHz and 1800MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community ;
“the Directive” means Council Directive 87/372/ EEC on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community as amended by Directive 2009/114/EC of the European Parliament and of the Council ;
“electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003 ;
“ GSM system” means an electronic communications network that complies with the GSM standards as published by the European Telecommunications Institute (“ ETSI ”), in particular EN 301 502 and EN 301 511 listed in Schedule 2;
“licence” means a wireless telegraphy licence;
“ UMTS system” means an electronic communications network that complies with the UMTS standards as published by ETSI, in particular EN 301 908-1, EN 301 908-2, EN 301 908-3 and EN 301 908-11 listed in Schedule 2;
“the WTA ” means the Wireless Telegraphy Act 2006.
Variation of 900MHz and 1800MHz licences to allow use for GSM and UMTS systems
4
OFCOM must exercise their powers under —
a
section 2 of the WTA to designate the 900MHz and 1800MHz bands for use for both GSM and UMTS systems;
b
section 10 of and paragraph 6 of Schedule 1 to the WTA to vary each 900MHz and 1800MHz licence to permit the licensee to use the licensed frequencies for both GSM and UMTS systems;
c
Part 2 of the WTA to ensure compliance with the technical parameters in the Annex to the Decision.
Other variations to existing wireless telegraphy licences
5
1
OFCOM must exercise their powers under section 10 of and paragraph 6 of Schedule 1 to the WTA to vary 900MHz, 1800MHz and 2100MHz licences to make provision as follows.
2
OFCOM must vary each 900MHz and 1800MHz licence to extend the period of notice for revocation for spectrum management reasons from 1 year to 5 years.
3
OFCOM must, provided the holder of a 2100MHz licence consents, vary the licence to provide for all of the following —
a
by 30th June 2013 the licensee must provide an electronic communications network that is capable of providing mobile telecommunications services to an area within which at least 90% of the population of the United Kingdom lives and with a 90% probability that users in outdoor locations within that area can receive the service with a sustained downlink speed of not less than 768kbps in a lightly loaded cell;
b
the licence shall continue in force unless or until revoked by OFCOM;
c
OFCOM may revoke the licence either —
i
for spectrum management reasons on not less than 5 years’ notice, such notice not to be given before 31st December 2016, or
ii
in accordance with their powers under the WTA; and
d
that the licensee is to pay an annual charge for the licence to be determined by OFCOM in accordance with article 6(3) in respect of periods following 31st December 2021.
Licence fees
6
1
After completion of the Auction OFCOM must revise the sums prescribed by regulations under section 12 of the WTA for 900MHz and 1800MHz licences so that they reflect the full market value of the frequencies in those bands.
2
In revising the sums prescribed OFCOM must have particular regard to the sums bid for licences in the Auction.
3
OFCOM must prescribe sums by regulations under section 12 of the WTA for 2100MHz licences which are varied under article 5(3) so that they reflect the full market value of the frequencies in that band.
Spectrum trading
7
OFCOM must exercise their powers under section 30 of the WTA to amend the Wireless Telegraphy (Spectrum Trading) Regulations 2004 to make provision to permit the transfer of all or part of the rights and obligations arising as a result of 900MHz, 1800MHz and 2100MHz licences from the licensee to another person.
Competition assessment
8
1
As soon as reasonably practicable OFCOM must assess likely future competition in markets for the provision of mobile electronic communications services.
2
The competition assessment shall be in respect of the future competitiveness of those markets after the conclusion of the Auction, taking into account possible effects of the Auction.
3
The competition assessment shall include consideration of the potential for new entry into those markets.
4
In the light of the competition assessment OFCOM must, where they think fit, put in place appropriate and proportionate measures which will promote competition in those markets after the conclusion of the Auction.
5
The measures to promote competition may include rules governing the Auction.
Auction of licences
9
1
OFCOM must exercise their power to make regulations under section 14 of the WTA to provide for an auction of licences to take place for use of frequencies in —
a
the 800MHz and 2600MHz bands; and
b
any other frequency bands as OFCOM thinks fit.
2
OFCOM must exercise their powers to make such regulations as soon as reasonably practicable after concluding the competition assessment required by article 8.
Ed Vaizey
Minister for Culture, Communications and Creative Industries
Department for Business, Innovation and Skills
20th December 2010


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2010 and comes into force on 26th March 2010.
2
The Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001 is amended as follows.
3
In column 2 of the Schedule, opposite the entry in column 1 for Victoria and Albert Museum omit —
a
“Theatre Museum: National Museum of Performing Arts Russell Street Covent Garden London WC2 7PR”; and
b
“Wellington Museum Apsley House 149 Piccadilly Hyde Park Corner London W1J 7NT”.
4
In column 3 of the Schedule, opposite the entries for Theatre Museum and Wellington Museum omitted by article 3(a) and (b) omit “22nd November 2001”.
5
In column 2 of the Schedule, opposite the entry in column 1 for Museum of London and below the entry in column 2 for Museum of London Archaeological Service, insert —
Museum of London
West India Quay
Canary Wharf
London E14 4AL
.
6
In column 3 of the Schedule, opposite the entry inserted by article 5, insert “1st April 2010”.
7
In column 1 of the Schedule, for “National Museums & Galleries of Wales” substitute “The National Museum of Wales”.
8
In column 2 of the Schedule, opposite the entry in column 1 for the National Museums & Galleries of Wales —
a
for “National Museum & Gallery” substitute “National Museum Cardiff” ;
b
for “Roman Legionary Museum” substitute “National Roman Legion Museum” and “NP18 1AE” for “NP6 1AE”;
c
for “Museum of Welsh Life” substitute “St Fagans: National History Museum”;
d
for “Welsh Slate Museum” substitute “National Slate Museum”;
e
for “Big Pit, National Mining Museum of Wales” substitute “Big Pit: National Coal Museum”; and
f
for “Museum of the Welsh Woollen Industry” substitute “National Wool Museum”.
9
In column 2 of the Schedule, opposite the entry in column 1 for the University of Cambridge and below the entry in column 2 for The Fitzwilliam Museum Cambridge, insert —
Museum of Archaeology and Anthropology
Downing Street
Cambridge CB2 3DZ
.
10
In column 3 of the Schedule, opposite the entry inserted by article 9, insert “15th May 2007”.
11
At the end of the Schedule, below the entry for the University of Liverpool, insert —
University of Bath Holburne Museum of Art
Great Pulteney Street
Bath BA2 4DB
19th December 2008 University of St Andrews Museum of the University of St Andrews
7a The Scores
St Andrews KY16 9AR
1st August 2006 Gateway Galleries
North Haugh
St Andrews KY16 9ST
1st April 2006 University of the Arts London Museum and Contemporary Collection and Galleries
University of the Arts London
Central Saint Martins
Southampton Row
London WC1B 4AP
1st September 2008
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2010


text:
Citation and commencement
1
This Order may be cited as the Special Restrictions on Adoptions from Abroad (Haiti) Order 2010 and comes into force on 15th October 2010.
Declaration of special restrictions
2
Special restrictions are to apply for the time being in relation to the bringing of children into the United Kingdom from Haiti in the cases mentioned in section 9(2) of the Children and Adoption Act 2006.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
13th September 2010


text:
PART 1 GENERAL
Citation, commencement and duration
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010.
2
They come into force on 22nd November 2010.
3
They cease to have effect on 21st November 2013.
Interpretation
2
In these Regulations —
“appropriate consequence” means the consequence referred to in section 17A(6) or (7) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc. ) of the Act ;
“claimant” means a person who claims a jobseeker’s allowance, except that in relation to a joint-claim couple claiming a joint-claim jobseeker’s allowance, it means either or both of the members of the couple;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Flexible New Deal” means the employment programme specified in regulation 75(1)(a)(v) (interpretation) of the Jobseeker’s Allowance Regulations ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Renewal Grants Regulations ” means the Housing Renewal Grants Regulations 1996 ;
“the Act” means the Jobseekers Act 1995;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“pilot area” means any of the following Jobcentre Plus districts —
Cambridgeshire and Suffolk ;
Greater Manchester Central ;
Greater Manchester East and West ;
Norfolk ;
“Scheme” means the Work for Your Benefit Pilot Scheme;
“Work for Your Benefit Pilot Scheme” means a scheme within section 17A(1) (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Act known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which includes for any individual work experience and job search.
PART 2 SELECTION FOR AND PARTICIPATION IN THE WORK FOR YOUR BENEFIT PILOT SCHEME
Selection on sampling basis for participation in the Scheme
3
1
An officer of the Secretary of State may select a claimant (“C”) on a sampling basis for participation in the Scheme if the following conditions are met.
2
The first condition is that C is aged at least 18.
3
The second condition is that C is ordinarily resident in a pilot area or the address for payment of C’s jobseeker’s allowance is located within such an area.
4
The third condition is that C has participated in the Flexible New Deal for a total of at least 12 months.
5
The fourth condition is that C has not already completed 26 weeks’ participation in the Scheme.
Selection for early entry to the Scheme
4
1
An officer of the Secretary of State may select a claimant (“C”) otherwise than on a sampling basis for participation in the Scheme if the following conditions are met.
2
The first condition is that C is aged at least 18.
3
The second condition is that C is ordinarily resident in a pilot area or the address for payment of C’s jobseeker’s allowance is located within such an area.
4
The third condition is that C is not a lone parent within the meaning of regulation 1(3) (citation, commencement and interpretation) of the Jobseeker’s Allowance Regulations.
5
The fourth condition is that C has been in receipt of a jobseeker’s allowance for a total of at least 6 months but less than 12 months.
Requirement to participate in the Scheme and notification
5
1
Subject to regulation 6, a claimant (“C”) selected in accordance with regulation 3 or 4 is required to participate in the Scheme where C is given or sent a notice in writing by an officer of the Secretary of State stating that C is required to do so.
2
Subject to regulation 6, C is required to participate in the Scheme for a total of 26 weeks, beginning with the day specified in the notice.
3
The notice must specify that if C fails to participate in the Scheme, C’s jobseeker’s allowance could cease to be payable or could be payable at a lower rate.
4
Where C participated in the Scheme on a previous occasion for less than 26 weeks, C is to be treated as having completed so much of the Scheme as is equal to the period of C’s previous participation.
Circumstances in which requirement to participate in the Scheme does not apply or ceases to apply
6
1
A claimant who is not (apart from these Regulations) required to meet the jobseeking conditions is not required to participate in the Scheme .
2
A requirement to participate in the Scheme ceases to apply to a person (“P”) where —
a
the Secretary of State is satisfied that P no longer resides in a pilot area or the address for payment of P’s jobseeker’s allowance is no longer within such an area;
b
P ceases to be entitled to a jobseeker’s allowance on or after the first day on which P was required to participate in the Scheme and 13 or more weeks have elapsed beginning with the relevant day applicable in P’s case and ending with the day on which P again becomes entitled to a jobseeker’s allowance; or
c
the Secretary of State decides for other reasons that P is no longer required to participate in the Scheme.
3
The Secretary of State must notify P in writing that P is no longer required to participate in the Scheme.
4
The requirement ceases to apply on the day specified by the Secretary of State in the notification.
5
In paragraph (2), the “relevant day” means —
a
the last day on which P participated in the Scheme, or
b
if P failed to participate in the Scheme, the first day on which P was due to participate.
PART 3 SANCTIONS
Failure to participate in the Scheme
7
1
A person (“P”) is to be regarded as having failed to comply with these Regulations where P —
a
refused or failed to accept or take up a place on the Scheme notified to P by an officer of the Secretary of State;
b
gave up a place on the Scheme;
c
lost a place on the Scheme as the result of misconduct;
d
failed to attend at a place or time notified to P by a Scheme provider;
e
failed to provide answers to questions asked by a Scheme provider and appropriate information about —
i
P’s educational qualifications;
ii
P’s employment history;
iii
any vocational training P has undertaken;
iv
any skills or experience P has acquired which fit P for employment or self-employment;
v
the steps taken by P to obtain employment or to improve P’s chances of obtaining employment;
vi
P’s aspirations for future employment or self-employment; and
vii
P’s work-related abilities;
f
refused or failed to participate in a work experience placement of which P was notified by a Scheme provider;
g
refused or failed to participate in arrangements made by a Scheme provider to assist participants with job search; or
h
refused or failed to carry out a reasonable instruction given to P by a Scheme provider with a view to assisting P to obtain employment.
2
In this regulation —
“Scheme” includes any element of the Scheme provided in connection with arrangements made by the Secretary of State in accordance with section 17B(1) (section 17A: supplemental) of the Act;
“Scheme provider” means a person with whom the Secretary of State has made arrangements in relation to P in accordance with that section or who is providing facilities in relation to P under the arrangements.
Consequences of failure to participate in the Scheme
8
1
Subject to paragraph (2), the appropriate consequence follows where —
a
the Secretary of State determines that a person (“P”) has failed to comply with these Regulations, and
b
P has not shown good cause for the failure within the period prescribed in regulation 9.
2
The appropriate consequence does not follow where P brings facts to the notice of the Secretary of State within one month of the date on which the Secretary of State notifies P of the failure and —
a
those facts could not reasonably have been brought to the Secretary of State’s notice within the period prescribed in regulation 9; and
b
those facts show that P had good cause for the failure.
3
Subject to paragraph (10), the prescribed period for the purposes of section 17A(6) and (7) of the Act (“the prescribed period for section 17A(6) and (7)”) is set out in paragraphs (4) to (7).
4
The prescribed period for section 17A(6) and (7) is 2 weeks in a case which does not fall within paragraph (5), (6) or (7).
5
It is 4 weeks where —
a
on a previous occasion the Secretary of State determined that a jobseeker’s allowance was not payable or was payable at a lower rate because P failed without good cause to comply with these Regulations; and
b
the period beginning with the first date on which P’s jobseeker’s allowance was not payable or was payable at a lower rate on that previous occasion and ending with the determination mentioned in paragraph (1) is no more than 12 months.
6
Subject to paragraph (7), it is 26 weeks where —
a
the Secretary of State determined that a jobseeker’s allowance was not payable or was payable at a lower rate on two or more previous occasions;
b
the period beginning with the date of the determination mentioned in paragraph (1) and ending with the first date on which P’s jobseeker’s allowance was not payable or was payable at a lower rate as the result of the determination that most recently preceded it is no more than 12 months; and
c
each determination mentioned in sub-paragraph (a) and the preceding determination mentioned in sub-paragraph (b) relate to a failure by P without good cause to comply with these Regulations.
7
Where the Secretary of State is satisfied that the claimant has complied with the condition in paragraph (8), paragraph (6) applies as if the reference to 26 weeks were a reference to either —
a
4 weeks, or
b
the period beginning with the day when the prescribed period specified in paragraph (11) begins and ending with the last day of the benefit week in which the claimant complies with the condition,
whichever is the longer.
8
The condition is that, after the date on which the determination mentioned in paragraph (1) is made, the claimant agrees in writing to comply with the requirement to which the determination relates.
9
Paragraph (10) applies where the Secretary of State notifies P in writing that P is no longer required to participate in the Scheme with effect from a day specified in the notice which falls within a period prescribed by paragraph (4), (5) or (6).
10
Where this paragraph applies, the prescribed period for section 17A(6) and (7) is —
a
one week, or
b
the period beginning with the day when the period specified in paragraph (11) begins and ending with the last day of the benefit week in which the requirement ceases to apply,
whichever is the longer.
11
The prescribed period for section 17A(6) and (7) begins —
a
where, in accordance with regulation 26A(1) of the Social Security (Claims and Payments) Regulations 1987 , a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and
b
in any other case, on the first day of the benefit week following the date on which a jobseeker’s allowance is determined not to be payable or to be payable at a lower rate.
12
In this regulation “benefit week” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations.
Good cause
9
1
The period prescribed for the purposes of section 17A(5)(d) of the Act (within which the appropriate consequence follows unless a person (“P”) shows good cause for a failure to comply with these Regulations) is 5 working days.
2
That period begins with the day on which the Secretary of State notifies P of the failure.
3
The notification must be in writing.
4
Regulation 73 (good cause for the purposes of section 19(5)(b) of the Jobseeker’s Allowance Regulations) applies for the purposes of these Regulations as it applies for the purposes of sections 19(5)(b) and 20A(2)(b) of that Act but as if the references to an employment programme were to the Scheme.
5
In this regulation, “working day” means any day except for a Saturday, Sunday, Christmas Day, Good Friday or bank holiday under the Banking and Financial Dealings Act 1971 in England .
PART 4 HARDSHIP
Hardship
10
1
This paragraph applies to a person (“P”) if P is a person in hardship within the meaning of regulation 140(1) (meaning of “person in hardship”) of the Jobseeker’s Allowance Regulations.
2
Regulations 140, 141 and 143 to 146 of the Jobseeker’s Allowance Regulations have effect in relation to a person to whom paragraph (1) applies subject to the following modifications.
3
Regulation 140 has effect as if —
a
in paragraph (2) “, (4A), (4B) or (4C)” were substituted for “or (4A) or (4B)”;
b
after paragraph (4B) there were inserted —
4C
In paragraph (2), a “person in hardship” does not include a claimant who is required at that time to participate in the Work for Your Benefit Pilot Scheme.
.
4
Regulation 141(6) (circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship) has effect as if “regulations made under section 17A (“work for your benefit” schemes etc.) or ” were inserted after “even though”.
Hardship for joint-claim couples
11
1
This paragraph applies to a joint-claim couple if they are a couple in hardship within the meaning of regulation 146A(1) (meaning of “couple in hardship”) of the Jobseeker’s Allowance Regulations.
2
Regulations 146A, 146C and 146E to 146H of the Jobseeker’s Allowance Regulations have effect in relation to a couple to whom paragraph (1) applies subject to the following modifications.
3
Regulation 146A has effect as if —
a
in paragraph (2) “, (5A) or (5B)” were substituted for “or (5A)”;
b
after paragraph (5A) there were inserted —
5B
In paragraph (2), a “couple in hardship” does not include a joint-claim couple either or both of whom are at that time required to participate in the Work for Your Benefit Pilot Scheme).
.
PART 5 JOBSEEKING CONDITIONS
Jobseeking conditions
12
1
A claimant who is participating in the Scheme (whether or not pursuant to a requirement imposed by these Regulations) is to be treated as meeting the condition set out in section 1(2)(c) (the jobseeker’s allowance) of the Act in any week during which the person is undertaking work experience as part of the Scheme.
2
Regulation 5 (exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice) of the Jobseeker’s Allowance Regulations has effect in relation to a person participating in the Scheme (whether or not pursuant to a requirement imposed by these Regulations) as if —
a
in the heading the words “participants in the Work for Your Benefit Pilot Scheme, ” were inserted after “workers,”;
b
in paragraph (1)(b) the words “or who is participating in the Work for Your Benefit Pilot Scheme” were inserted after “voluntary work”;
c
in paragraph (2) the words “or who is participating in the Work for Your Benefit Pilot Scheme” were inserted after “caring responsibilities”.
PART 6 CONSEQUENTIAL MODIFICATIONS
Definitions
13
1
Paragraph (2) applies to the following provisions (which relate to interpretation) —
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Housing Benefit Regulations;
c
regulation 2(1) of the Housing Renewal Grants Regulations;
d
regulation 1(3) of the Jobseeker’s Allowance Regulations .
2
Each of the provisions to which this paragraph applies has effect as if the following definition were inserted in the appropriate place —
“the Work for Your Benefit Pilot Scheme” means a scheme within section 17A(1) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which includes for any individual work experience and job search;
.
3
The definition of “the self-employment route” in each of the provisions mentioned in paragraph (1)(a), (b) and (d) above has effect as if —
a
at the end of sub-paragraph (a) “or” were omitted; and
b
at the end of sub-paragraph (b) “; or” and the following sub-paragraph were inserted —
c
the Work for Your Benefit Pilot Scheme;
.
4
The definition of “self-employment route” in the provision mentioned in paragraph (1)(c) above has effect as if —
a
in head (iii) “or” were omitted; and
b
at the end of head (iv) “; or” and the following head were inserted —
v
the Work for Your Benefit Pilot Scheme;
.
Notional income
14
1
This regulation applies to the following provisions (which relate to notional income) —
a
regulation 32(7) of the Council Tax Benefit Regulations ;
b
regulation 42(7) of the Housing Benefit Regulations ;
c
regulation 31(9A) of the Housing Renewal Grants Regulations ;
d
regulation 105(10A) of the Jobseeker’s Allowance Regulations .
2
Each of the provisions to which this regulation applies has effect as if the following sub-paragraph were inserted after sub-paragraph (c) —
ca
in respect of a person’s participation in the Work for Your Benefit Pilot Scheme;
.
Notional capital
15
1
This regulation applies to the following provisions (which relate to notional capital) —
a
regulation 39(4) of the Council Tax Benefit Regulations ;
b
regulation 49(4) of the Housing Benefit Regulations ;
c
regulation 38(3A) of the Housing Renewal Grants Regulations ;
d
regulation 113(3A) of the Jobseeker’s Allowance Regulations .
2
Each of the provisions to which this regulation applies has effect as if the following sub-paragraph were inserted after sub-paragraph (b) —
ba
in respect of a person’s participation in the Work for Your Benefit Pilot Scheme;
.
Income to be disregarded
16
1
This regulation applies to the following Schedules (which relate to sums to be disregarded in the calculation of income other than earnings) —
a
Schedule 4 to the Council Tax Benefit Regulations;
b
Schedule 5 to the Housing Benefit Regulations;
c
Schedule 3 to the Housing Renewal Grants Regulations;
d
Schedule 7 to the Jobseeker’s Allowance Regulations.
2
Each Schedule to which this regulation applies has effect as if the following paragraph were inserted at the beginning —
A1
Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Work for Your Benefit Pilot Scheme.
.
Capital to be disregarded
17
1
This regulation applies to the following Schedules (which relate to capital to be disregarded) —
a
Schedule 5 to the Council Tax Benefit Regulations;
b
Schedule 6 to the Housing Benefit Regulations;
c
Schedule 4 to the Housing Renewal Grants Regulations;
d
Schedule 8 to the Jobseeker’s Allowance Regulations.
2
Each Schedule to which this regulation applies has effect as if the following paragraph were inserted at the beginning —
A1
Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Work for Your Benefit Scheme but only for 52 weeks beginning with the date of receipt of the payment.
.
Further modifications of the Jobseeker’s Allowance Regulations
18
The Jobseeker’s Allowance Regulations have effect as if —
a
in the definition of “relevant notification” in regulation 25(1A) (entitlement ceasing on a failure to comply) , the words “or under the Work for Your Benefit Pilot Scheme” were added after “scheme”;
b
in regulation 47(4)(b)(ii) (jobseeking period) the words “regulations made under section 17A or by virtue of” were inserted before “section 19”;
c
in regulation 55(1)(a) (short periods of sickness) before “; and” there were inserted —
or who failed without good cause to comply with regulations made under section 17A
;
d
in regulation 55A(1)(a) (periods of sickness and persons receiving treatment outside Great Britain) before “; and” there were inserted —
or who failed without good cause to comply with regulations made under section 17A
e
in regulation 140(1)(f)(i) (meaning of “person in hardship”) , before “section 19” were inserted “regulations made under section 17A or because”.
f
in regulation 152(1)(c) (relevant week) , before “section 19” insert “regulations made under section 17A or in accordance with”.
Consequential modifications relating to sanctions
19
1
Paragraph (2) applies to the following provisions —
a
regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit Regulations;
b
regulation 2(4)(a) and (b) (interpretation) of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
c
regulation 3(j) (circumstances in which discretionary housing payments may be made) of the Discretionary Financial Assistance Regulations 2001 ;
d
regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit Regulations;
e
regulation 2(3)(a) and (b) (interpretation) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
2
Each of the provisions to which this paragraph applies has effect as if the words “or regulations made under section 17A” were inserted after “section 19 or 20A”.
3
Regulation 5(3)(b) (meaning of “person in hardship”) of the Social Security (Loss of Benefit) Regulations 2001 has effect as if the words “regulations made under section 17A or pursuant to” were inserted after “pursuant to”.
4
Regulation 8A(5) (credits for unemployment) of the Social Security (Credits) Regulations 1975 has effect as if after sub-paragraph (b) there were inserted —
ba
a week in respect of which, because of regulations made under section 17A of that Act, a jobseeker’s allowance was not payable to the person concerned even though he satisfied the conditions for entitlement to that allowance; or
.
Consequential modifications relating to decisions and appeals
20
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 have effect as if —
a
in regulation 3(6) (revision of decisions) , the words “, or with regulations made under section 17A of that Act” were inserted after “Jobseekers Act”;
b
in regulation 6(2) (supersession of decisions) the following sub-paragraph were inserted after sub-paragraph (f) —
fa
is a decision that a jobseeker’s allowance is payable to a claimant where that allowance ceases to be payable or is reduced by virtue of regulations made under section 17A of the Jobseekers Act;
;
c
the following paragraph were inserted after regulation 7(8) (date from which a decision superseded under section 10 takes effect) —
8ZA
A decision to which regulation 6(2)(fa) applies shall take effect as from the beginning of the period specified in regulation 8(11) of the Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010.
.
Signed by authority of the Secretary of State for Work and Pensions.
Helen Goodman
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th March 2010
We consent
Bob Blizzard
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
7th April 2010


text:
PART 1 GENERAL
Citation, commencement, application and interpretation
1
These Regulations may be cited as the Education (Student Support) (College of Europe) Regulations 2010 and come into force on the 22nd day after they are laid before Parliament.
2
These Regulations apply in relation to England .
3
In these Regulations —
“ 1998 Act ” means the Teaching and Higher Education Act 1998;
“academic authority” means the governing body or other body having the functions of a governing body of the College and includes a person acting with the authority of that body;
“College” means the College of Europe;
“current course” means the designated course in respect of which a person is applying for support or to be recognised as an eligible student;
“designated course” has the meaning given by regulation 7;
“eligible student” has the meaning given by regulation 6;
“ European Union ” means the territory comprised of the Member States of the European Union as constituted from time to time;
“grants for living and other costs” means the grants payable under regulation 15;
“person with leave to enter or remain” means a person —
who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom;
who has been granted leave to enter or remain accordingly;
whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since being granted leave to enter or remain;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ;
“relevant date” means 22nd May 2010;
“statutory award” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962 , or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
“student loans legislation” means the Education (Student Loans) Act 1990 , the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder or the 1998 Act and regulations made thereunder;
“supplementary grants” means the grants payable under Chapter 2 of Part 4;
“Turkish worker” means a Turkish national who —
is ordinarily resident in the United Kingdom and Islands; and
is, or had been, lawfully employed in the United Kingdom.
4
These Regulations apply in relation to the provision of support to students only in relation to the academic year which begins on or after 1st September 2010 and before 1st September 2011 whether anything done under these Regulations is done before, on or after 1st September 2010.
PART 2 APPLYING FOR SUPPORT AND ELIGIBILITY
Applications
5
1
A person (the “applicant”) must submit an application to be considered as an eligible student and an application for support in such form as the Secretary of State may require to the College by the application deadline.
2
Subject to paragraph (3), the application deadline is 21st May 2010.
3
The Secretary of State may extend the application deadline if the Secretary of State considers that the circumstances of the case warrant it.
Eligible students
6
1
An eligible student qualifies for support in connection with the student’s attendance on a designated course subject to and in accordance with these Regulations.
2
Subject to paragraphs (3) and (7), a person is an eligible student in connection with a designated course if —
a
the academic authority notifies the Secretary of State in writing that the person has a reasonable chance of being offered a place on a designated course by the academic authority; and
b
the Secretary of State determines in connection with an application for support under these Regulations that the person falls within one of the categories in Part 2 of Schedule 1.
3
A person (“A”) is not an eligible student if —
a
subject to paragraph (4), A has attended a postgraduate or comparable course of at least one academic year’s duration;
b
A is in breach of an obligation to repay any loan;
c
A has reached the age of 18 and not ratified any agreement for a loan made with A when A was under the age of 18; or
d
A has, in the opinion of the Secretary of State, shown by A’s conduct to be unfitted to receive support.
4
Paragraph (3)(a) does not apply where the person has attended a postgraduate or comparable course of at least one academic year’s duration but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay that person support in connection with the current course.
5
For the purposes of paragraph (3)(b) and (c), “loan” means a loan made under the student loans legislation.
6
In the case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) applies only if the agreement was made —
a
before 25th September 1991; and
b
with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
7
The number of eligible students must not exceed 11.
8
An eligible student shall not, at any one time, qualify for support for more than one designated course.
9
The Secretary of State may take such steps and make such enquiries as the Secretary of State considers necessary to determine whether a person is an eligible student.
10
The Secretary of State must inform a person who has been notified to the Secretary of State under paragraph (2)(a) whether that person qualifies as an eligible student.
11
A person who has received notification from the Secretary of State under paragraph (10) that that person is an eligible student in connection with a designated course must, by the deadline for receipt of financial information, provide the Secretary of State with any information or documentation that the Secretary of State requests in order to determine the amount of support payable under these Regulations.
12
The deadline for receipt of financial information is 31st July 2010 or, in the case of grants payable under regulation 15(6), 28th February 2011.
13
The Secretary of State must notify an eligible student of the amount of support payable, if any.
Designated course
7
A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 6 if it is —
a
a postgraduate course;
b
a full-time course;
c
of one academic year’s duration; and
d
provided by the College.
Period of eligibility
8
1
Subject to the following paragraphs and regulation 6, a student’s status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the College would ordinarily expect the student to complete the course (“period of eligibility”).
2
The period of eligibility terminates when the student withdraws from the designated course or abandons or is expelled from the designated course.
3
The Secretary of State may terminate a period of eligibility where the conduct of the student means that the student is unfitted to receive support.
4
Where the student’s period of eligibility will terminate before the end of the academic year in which the student will actually complete the course, the Secretary of State may, at any time, extend or renew the period of eligibility for such period as the Secretary of State determines.
5
If the Secretary of State is satisfied that the student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may do one or more of the following —
a
terminate the student’s period of eligibility;
b
determine that the student no longer qualifies for any particular type of support or particular amount of support;
c
treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 31.
Transfer of eligibility
9
1
Where an eligible student transfers to another designated course at the College, the Secretary of State must transfer the student’s status as an eligible student where —
a
the Secretary of State receives a request from the eligible student to do so;
b
the Secretary of State is satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and
c
the student’s status as an eligible student has not terminated.
2
An eligible student who transfers under paragraph (1) shall receive in connection with the course to which that eligible student transfers the remainder of the support assessed by the Secretary of State in respect of the course from which the eligible student transfers.
3
An eligible student (“A”) who transfers under paragraph (1) after the Secretary of State has assessed support in connection with the course from which A is transferring but before A completes that course may not, in connection with the course to which A transfers, apply for another grant of a kind that A has already applied for under these Regulations in connection with the course from which A is transferring.
PART 3 PROVISION OF INFORMATION
Information
10
Every applicant and eligible student must, as soon as reasonably practicable after being requested to do so, provide the Secretary of State with such information as the Secretary of State considers to be required for the purposes of these Regulations.
11
Every applicant and eligible student must forthwith inform the Secretary of State and provide the Secretary of State with particulars if any of the following occurs —
a
the applicant or student withdraws from, abandons or is expelled from the course;
b
the applicant or student transfers to another course at the College;
c
the applicant or student ceases to attend the course and does not intend to or is not permitted to continue it for the remainder of the academic year;
d
the applicant or student is absent from the course for more than 60 days due to illness or for any period for any other reason;
e
the month for the start or the completion of the course changes;
f
the applicant or student’s home or term-time address changes.
12
Information provided to the Secretary of State pursuant to these Regulations must be in the format required by the Secretary of State and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies this requirement.
PART 4 FINANCIAL SUPPORT
General
13
An eligible student who is attending a designated course qualifies in connection with that course for —
a
a grant for fees and grants for living and other costs in accordance with Chapter 1; and
b
supplementary grants in accordance with Chapter 2.
CHAPTER 1
GRANTS FOR COLLEGE OF EUROPE STUDENTS
Grant for fees
14
1
A student qualifies for a grant for fees for the current course calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the amount of grant for fees payable is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, that student’s attendance on the current course.
3
The maximum amount of grant for fees is 13,450 euro.
Grants for living and other costs
15
1
Subject to paragraph (2), a student qualifies for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (6).
2
A student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
3
A student qualifies for a grant for living costs of an amount equal to the sum of (A + B) where —
A is £2,463; and
B is £50 for each week, including a week during which the student is required to attend the College for less than 5 days, that the student is required to attend the College in excess of 30 weeks and 3 days.
4
A student qualifies for a grant for board and lodging of 5,000 euro if studying at Natolin campus, Poland and 7,000 euro if studying at Bruges campus, Belgium.
5
A student qualifies for a grant for travel home of the amount determined by the Secretary of State to be the reasonable cost of one return journey from the student’s home address to the College.
6
Subject to the prior agreement of the Secretary of State before costs are incurred, a student qualifies for a grant for research travel of such amount as the Secretary of State determines to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College during the academic year.
16
A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated in accordance with regulation 15.
CHAPTER 2
SUPPLEMENTARY GRANTS
Disabled students’ allowance
17
1
Subject to paragraph (2), a student (“A”) qualifies for a disabled students’ allowance to assist with the additional expenditure which the Secretary of State is satisfied that A is obliged to incur by reason of a disability to which A is subject in respect of A’s attendance at a designated course.
2
A student does not qualify for a disabled students’ allowance under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
Amount of disabled students’ allowance
18
1
Subject to paragraph (2), the amount of the disabled students’ allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances to assist with one or more types of eligible expenditure.
2
The amount of disabled students’ allowance must not exceed £10,260.
3
The “types of eligible expenditure” are —
a
expenditure on a non-medical personal helper;
b
expenditure on major items of specialist equipment;
c
any additional expenditure incurred —
i
for the purpose of attending the College; and
ii
within or outside the United Kingdom for the purpose of travelling to the College in order to attend the relevant course.
Grant for dependants
19
1
The grant for dependants consists of the following elements —
a
adult dependants’ grant; and
b
parents’ learning allowance.
2
The qualifying conditions for each element are set out in regulations 20 to 24.
Adult dependants’ grant
20
1
Subject to paragraph (3), a student qualifies for an adult dependants’ grant in connection with that student’s attendance on a designated course in accordance with this regulation.
2
The adult dependants’ grant is available in respect of a dependant of an eligible student who is either —
a
the student’s partner; or
b
an adult dependant of the student whose net income does not exceed £3,796.
3
A student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
21
The amount of the adult dependants’ grant payable is calculated in accordance with regulation 23, the basic amount being —
a
£2,642; or
b
where the person in respect of whom the student is applying for adult dependants’ grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,642 as the Secretary of State considers reasonable in the circumstances.
Parents’ learning allowance
22
1
Subject to paragraph (2), a student qualifies in connection with that student’s attendance on a designated course for the parents’ learning allowance if that student has one or more dependants who are dependent children.
2
A student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls.
3
The amount of the parents’ learning allowance payable is calculated in accordance with regulation 23, the basic amount being £1,508.
Calculations
23
1
Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the student qualifies under regulations 20 to 22 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 20 to 22, an amount equal to (A – B) as follows and in the following order —
a
to reduce the basic amount of the adult dependants’ grant where the student qualifies for that element under regulation 20; and
b
to reduce the basic amount of the parents’ learning allowance where the student qualifies for that element under regulation 22.
2
Subject to paragraph (4) and regulation 24, where B is greater than or equal to A , the basic amount of each element of the grant for dependants for which the student qualifies is payable.
3
Where (A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.
4
The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where —
a
the student’s partner —
i
is an eligible student; or
ii
holds a statutory award; and
b
account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which the partner is entitled under the statutory award.
5
Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.
6
For the purposes of this regulation —
A is the aggregate of the net income of each of the eligible student’s dependants; and
B is —
£1,159 where the student has no dependent children;
£3,473 where the student is not a lone parent and has one dependent child;
£4,627 where the student is not a lone parent and has more than one dependent child;
£4,627 where the student is a lone parent and has one dependent child;
£5,792 where the student is a lone parent and has more than one dependent child.
24
A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 20 to 23.
Interpretation
25
1
For the purposes of regulations 20 to 24 —
a
“adult dependant” means, in relation to a student (“A”), an adult person dependent on A but does not include A’s child, A’s partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or A’s former partner;
b
“child” in relation to a student (“A”) includes any child of A’s partner who is dependent on A and any child for whom A has parental responsibility who is dependent on A;
c
“dependant” means, in relation to a student (“A”), A’s partner, A’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;
d
“dependent” means wholly or mainly financially dependent;
e
“lone parent” means a student who does not have a partner and who has a dependent child;
f
“net income” has the meaning given in paragraph (2);
g
subject to sub-paragraphs (h), (i) and (j), “partner” means any of the following —
i
the spouse of a student;
ii
the civil partner of a student;
iii
a person ordinarily living with a student (“A”) as if that person were A’s spouse where A was aged 25 or over at the start of the academic year;
iv
a person ordinarily living with a student (“A”) as if that person were A’s civil partner where A was aged 25 or over at the start of the academic year;
h
unless otherwise indicated, a person who would otherwise be a partner under subparagraph (g) is not to be treated as a partner if —
i
in the opinion of the Secretary of State, that person and the student are separated; or
ii
the person is ordinarily living outside the United Kingdom and is not maintained by the student;
i
for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (g) but for the fact that the student with whom that person is living was not aged 25 or over at the start of the academic year;
j
for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (g) but for the date on which the student began the designated course or the fact that the student with whom that person is ordinarily resident was not aged 25 or over at the start of the academic year.
2
Subject to paragraph (3), a dependant’s net income is that person’s income from all sources for the academic year reduced by the amount of income tax and social security contributions payable in respect of it but disregarding —
a
any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;
b
child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 ;
c
any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;
d
any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;
e
in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989 ;
f
any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and
g
any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002.
3
Where a student or that student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the beginning of the student’s course, the partner’s net income is net income calculated in accordance with paragraph (2) reduced by —
a
an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation has been reasonably incurred; or
b
such lesser amount, if any, as the Secretary of State considers appropriate if, in the Secretary of State’s opinion, a lesser obligation could reasonably have been incurred.
4
For the purposes of paragraph (2), where —
a
the dependant is a dependent child; and
b
payments are made to the student towards the child’s maintenance,
those payments are to be treated as the child’s income.
PART 5 CONTRIBUTIONS
Student’s contributions
26
A student’s contribution is the amount, if any, calculated under Schedule 2.
Application of the student’s contribution
27
The contribution calculated in accordance with regulation 26 shall be applied in accordance with regulation 28.
28
1
The Secretary of State must apply the student’s contribution —
a
first, to reduce the amount of grant for living costs calculated in accordance with regulation 15(3);
b
second —
i
in the case of a student who is eligible for the grant for dependants, to reduce in the following order —
aa
the amount of any adult dependants’ grant calculated in accordance with regulation 23;
bb
the amount of any parents’ learning allowance calculated in accordance with regulation 23;
cc
the amount of any grant for board and lodging calculated in accordance with regulation 15(4);
ii
in any other case, to reduce the amount of grant for board and lodging calculated in accordance with regulation 15(4);
c
third, to reduce the amount of grant for travel home calculated in accordance with regulation 15(5).
d
fourth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 15(6).
2
Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(d) exceeds the amount of that grant calculated under regulation 15(6), the amount of that grant payable to the student is nil.
PART 6 PAYMENTS
Payment of grant for fees
29
1
The Secretary of State must not pay the grant for fees for which the student qualifies until the Secretary of State has received a request for payment from the academic authority.
2
The Secretary of State may make the payments of the grant for fees to the academic authority in such instalments and at such times as the Secretary of State considers to be appropriate.
Payments for grants of living and other costs and supplementary grants
30
1
The Secretary of State may pay the grants for living and other costs and the supplementary grants for which a student qualifies in such instalments and at such times as the Secretary of State considers appropriate.
2
The Secretary of State may, if the Secretary of State considers it appropriate to do so, pay the grant payable under regulation 15(4) to the College for the College to pay the relevant grant on the Secretary of State’s behalf.
3
Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to a student cannot be made on the basis of the information provided by the student, the Secretary of State may make provisional payments of those grants pending the final assessment.
4
The Secretary of State may, if the Secretary of State considers it appropriate to do so, make a payment of a disabled students’ allowance before the start of the academic year.
5
Where the circumstances in regulation 11(a) or regulation 11(c) apply, the Secretary of State must not make any payments of support to a student after the date on which that student stops attending the course unless the Secretary of State considers it appropriate to do so taking into account the circumstances of the student’s case.
6
The Secretary of State must not make any payments of support to a student who is absent from the course —
a
for more than 60 days due to illness; or
b
for any period for any other reason,
unless the Secretary of State considers that it is appropriate to do so taking into account the circumstances of the student’s case.
Overpayments
31
1
The Secretary of State may recover any overpayment of grant for fees from the academic authority.
2
An eligible student must, if required to do so by the Secretary of State, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which that student is entitled under Part 4.
David Lammy
Minister for Higher Education and Intellectual Property
Department for Business, Innovation and Skills
23rd March 2010


text:
Title and commencement
1
These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 and come into force on 9th April 2010.
Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007
2
The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 are further amended in accordance with regulations 3 to 9.
3
In paragraph (1) of regulation 2 (interpretation) —
a
immediately after the definition of “the Agency” there is inserted the following definition —
“authorised activated alumina treatment” means —
a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride, that has been authorised in accordance with Schedule 1A; or
in the case of natural mineral water or spring water brought into England from another part of the United Kingdom or from another EEA state, a treatment which complies with Articles 1 to 3 of Regulation 115/2010;
; and
b
immediately after the definition of “prescribed concentration or value” there is inserted the following definition —
“Regulation 115/2010” means Commission Regulation ( EU ) No. 115/2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters;
.
4
For paragraph (1) of regulation 6 (treatments and additions for natural mineral water) there is substituted the following paragraph —
1
No person shall subject natural mineral water in its state at source to —
a
any treatment other than —
i
an authorised ozone-enriched air oxidation technique,
ii
the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, whether or not preceded by oxygenation, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties,
iii
the total or partial elimination of free carbon dioxide by exclusively physical methods, or
iv
an authorised activated alumina treatment; or
b
any addition other than the introduction or the re-introduction of carbon dioxide to produce effervescent natural mineral water.
.
5
Immediately after paragraph (2) of regulation 10 (bottling of spring water and exploitation of spring water springs) there is inserted the following paragraph —
2A
No person shall cause any water which has been treated with activated alumina for removal of fluoride to be bottled in a bottle marked or labelled “spring water”, unless that treatment is an authorised activated alumina treatment.
.
6
For paragraph (3) of regulation 16 (enforcement) there are substituted the following paragraphs —
3
Each relevant authority shall, within its area, carry out periodic checks on any authorised activated alumina treatment in respect of which the authorisation was granted by it in accordance with Schedule 1A, to ensure that the requirements of that Schedule continue to be satisfied.
4
Each food authority shall, within its area, execute and enforce these Regulations.
5
For the purposes of carrying out the function referred to in paragraph (4) in relation to bottled drinking water and spring water each food authority shall —
a
subject to paragraph (6), carry out regular monitoring of the quality of any such water to check whether —
i
it satisfies the requirements of Directive 98/83,
ii
it contains a concentration or value for any parameter in excess of its prescribed concentration or value,
iii
it contains a concentration or value for a property, element, substance or organism set out in Schedule 9 (as read with the Notes to that Schedule) in excess of the concentration or value specified in relation to the property, element, substance or organism concerned in that Schedule as measured by the unit of measurement so specified,
iv
in the case where, in accordance with sub-paragraph (iii), a food authority determines that the water concerned contains a concentration or value for Clostridium perfringens (including spores) in excess of the concentration or value specified in relation to it in Schedule 9 (as read with Note 2 to that Schedule), there is any potential danger to human health arising from the presence in the water of pathogenic micro-organisms, and
v
in the case where disinfection forms part of the preparation or distribution of the water concerned, the disinfection treatment applied is efficient and any contamination from disinfection by-products is kept as low as is possible without compromising the disinfection;
b
in order to comply with sub-paragraph (a) —
i
carry out regular check monitoring in relation to the parameters, properties, elements, substances and organisms set out in Schedule 10, as read with the Notes to that Schedule, and
ii
carry out audit monitoring in relation to any parameter and the properties, elements, substances and organisms set out in Schedule 9, as read with the Notes to that Schedule;
c
for the purposes of sub-paragraph (b), carry out sampling and analysis in accordance with the relevant minimum frequencies set out in Schedule 11; and
d
carry out additional monitoring in relation to any property, element, substance or organism which is neither a parameter nor a property, element, substance or organism set out in Schedule 9 if the food authority has reason to suspect that it may be present in the water concerned in an amount or number which constitutes a potential danger to human health.
6
The checks and monitoring referred to in paragraph (5)(a), (b) and (d) shall be carried out using samples representative of the quality of the water concerned consumed throughout the year in which the samples are taken.
.
7
For regulation 20 (offences and penalties) there is substituted the following regulation —
Offences and penalties
20
1
A person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if that person —
a
contravenes regulation 5, 6(1), 7(1), (3) or (4), 8, 9, 10, 11, 12, 13, 14, 15 or 22(3);
b
fails to comply with any provision of Regulation 115/2010 specified in paragraph (2); or
c
carries out an authorised activated alumina treatment that has a disinfectant action.
2
The provisions are —
a
Article 1.2 (requirement that authorised activated alumina treatments be performed in accordance with the technical requirements set out in the Annex);
b
the first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of any authorised activated alumina treatment be as low as technically feasible according to the best practices and not pose a risk to public health);
c
the second sentence of Article 2 (requirement that, to ensure compliance with the first sentence of Article 2, operators implement and monitor the critical processing steps set out in the Annex);
d
Article 3.1 (requirement that the application of an authorised activated alumina treatment be notified to the competent authorities at least three months prior to use); and
e
Article 4 as read with the second paragraph of Article 5 (requirement that, subject to a transitional provision, the label on natural mineral water or spring water subjected to any authorised activated alumina treatment include specified information in proximity to the statement of the analytical composition).
.
8
Immediately after Schedule 1 (conditions for treatment of natural mineral water and spring water with ozone-enriched air) there is inserted the Schedule set out in Schedule 1 to these Regulations.
9
Immediately after Schedule 8 (labelling indications for natural mineral water and criteria for use) there are added the Schedules set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health
23rd February 2010


text:
Citation, commencement and application
1
1
This Order may be cited as the Learning and Skills Council for England (Transfer Schemes) (Permitted Transferees) Order 2010 and comes into force on 1st April 2010.
2
This Order applies in relation to England only.
Permitted transferees
2
1
The following persons are specified as permitted transferees for the purposes of Schedule 7 to the Apprenticeships, Skills, Children and Learning Act 2009 —
a
Association of Colleges (a company limited by guarantee with registered number 03216271);
b
Learning and Skills Improvement Service (a company limited by guarantee with registered number 06454450);
c
British Educational Communications and Technology Agency (a company limited by guarantee with registered number 02090588);
d
UK Commission for Employment and Skills (a company limited by guarantee with registered number 06425800);
e
each Regional Development Agency established under section 1 of the Regional Development Agencies Act 1998 ; and
f
London Councils Limited (a company limited by guarantee with registered number 03037449).
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
3rd March 2010