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citation and commencement 1 these regulations may be cited as the major sporting events (income tax exemption) regulations 2017 and come into force on 31st may 2017. the uefa champions league final 2017 2 1 a relevant person is not liable to income tax in respect of any income arising from duties or services performed during the specified period by the relevant person in the united kingdom in connection with the final. 2 the exemption under paragraph (1) does not apply to income that arises as a result of - a a contract entered into after the final commences, or b an amendment, made after the final commences, to a contract entered into before the final. 3 section 966 of the income tax act 2007 (deduction of sums representing income tax) does not apply to any payment or transfer which gives rise to income benefitting from the exemption in paragraph (1). interpretation 3 1 in these regulations - "contractor" in relation to a non-uk football club or uefa means an individual who is neither an employee of the club nor of uefa but who performs services - under the terms of a contract with the non-uk football club or with uefa; or under the terms of a contract with a company which is a member of the same group of companies as the non-uk football club or as uefa (within the meaning given by section 152 of the corporation tax act 2010 ); "relevant person" means any person who meets the non-residence condition on the day of the final and who is - an employee or contractor of a non-uk football club that is competing in the final; an individual who is - named on uefa's list of delegates for the final; or a uefa official or uefa employee not named on the list of delegates but who is attending the final in their capacity as a uefa official or uefa employee; an individual acting in their capacity as an employee or an official of a national football association which is a member of uefa; or an individual acting in their capacity as a uefa contractor; "income" means employment income, general earnings or specific employment income , or profits of a trade, profession or vocation (including profits treated as arising as a result of section 13 of the income tax (trading and other income) act 2005 ); "non-uk football club" means a football club which is not a member of the football association, the scottish football association, the football association of wales or the irish football association; the "specified period" means the period from 1st to 5th june 2017 inclusive; "the final" means the final of the uefa champions league 2016/2017 football competition, to be held at the national stadium of wales in cardiff on 3rd june 2017; "uefa" means the union des associations europennes de football . 2 the non-residence condition is that the person - a is non-uk resident for the tax year 2017-18; or b is uk resident for the tax year 2017-18 but the year is a split year as respects the person and the final takes place during the overseas part of the year . guto bebb andrew griffiths two of the lords commissioners of her majesty's treasury 26th april 2017

citation and commencement 1 these regulations may be cited as the sewerage services (exception from sewerage system prohibition) (england) regulations 2017 and come into force on 1st april 2017. specified circumstances in which prohibition on use of a sewerage system does not apply 2 1 section 117p(1) of the water industry act 1991 (prohibition on unauthorised use of sewerage system) does not apply where - a a sewerage undertaker provides sewerage services to any premises; and b provision of those services - i involves use of the sewerage system of another sewerage undertaker whose area is wholly or mainly in england; and ii is under a main connection agreement or an old main connection agreement. 2 in this regulation - "main connection agreement" has the meaning given in section 110a(11) of the water industry act 1991 ; and "old main connection agreement" has the meaning given in section 9(3)(a) of the water act 2014 . thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 28th february 2017

part 1 general citation, commencement and extent 1 1 these regulations may be cited as the police federation (england and wales) regulations 2017 and come into force on 31st december 2017. 2 these regulations extend to england and wales. interpretation 2 1 in these regulations - "branch fund" has the meaning given in regulation 18(2); "elected representatives" has the meaning given in regulation 9(1); "the federation" means the police federation for england and wales; "federation body" means any of the following bodies of the federation - a branch council; a branch board; the national council; the national board; any other body of the federation provided for in federation rules under regulation 22(1)(a); "federation branch" means a branch of the federation; "federation funds" means any funds - held by or on behalf of the federation, or in respect of which the federation is the beneficiary; "federation property" means any property - held by or on behalf of the federation, or in respect of which the federation is the beneficial owner; "federation officer" means any of the following officers of the federation - a branch chair, branch secretary or branch treasurer; any additional branch officer provided for by federation rules; the national chair, national secretary or national treasurer; and any additional national officer provided for by federation rules; "federation rules" means rules made by the federation under regulation 22; "a metropolitan executive committee" has the meaning given in regulation 9(4); "the metropolitan police force branch" means the branch of the federation for the members of the metropolitan police force; "the national chair" has the meaning given in regulation 11(5); "the national fund" has the meaning given in regulation 18(3); "the national secretary" has the meaning given in regulation 12(1)(b); "the national treasurer" has the meaning given in regulation 12(6); "relevant period" means the period of 18 months after these regulations come into force. 2 for the purposes of these regulations, "protected chacteristic" is to be read in accordance with the equality act 2010 . 3 in these regulations - a a reference to the relevant federation branch - i in relation to a member of the federation, is a reference to the federation branch for the members of the police force of which he is or she is, or training to become, a member; ii in relation to a branch council or branch board, is a reference to the federation branch in respect of which the council or board is constituted; iii in relation to a metropolitan executive committee, is a reference to the metropolitan police force branch; b a reference to the relevant police force - i in relation to a federation branch, is a reference to the police force whose members belong to that branch; ii in relation to a branch council or branch board, is a reference to the police force whose members belong to the federation branch in respect of which the council or board is constituted; iii in relation to a metropolitan executive committee, is a reference to the metropolitan police force; c a reference to the relevant chief officer - i in relation to a federation branch, is a reference to the chief officer of police of the police force whose members belong to that branch; ii in relation to a branch council or branch board, is a reference to the chief officer of police of the police force whose members belong to the federation branch in respect of which the council or board is constituted; iii in relation to a metropolitan executive committee, is a reference to the chief officer of police of the metropolitan police force; d a reference to the relevant local policing body - i in relation to a federation branch, is a reference to the local policing body which maintains the police force whose members belong to that branch; ii in relation to a branch council or branch board, is a reference to the local policing body which maintains the police force whose members belong to the federation branch in respect of which the council or board is constituted; iii in relation to a metropolitan executive committee, is a reference to the local policing body of the metropolitan police force; iv in relation to a member of the national board, means the local policing body which maintains the police force of which the person is a member; e a reference to the relevant branch council - i in relation to a branch board, is a reference to the branch council constituted in respect of the same federation branch as the board; ii in relation to a metropolitan executive committee, is a reference to the council for which that metropolitan executive committee is constituted; f a reference to the relevant branch board - i in relation to a member of the federation who is, or is training to become, a member of a police force, is a reference to the branch board constituted in respect of the branch to which the members of that force belong; ii in relation to a federation branch, is a reference to the branch board constituted in respect of the same branch. the federation and its structure 3 1 there is to continue to be a federation branch for each police force in england and wales. 2 each federation branch is to have a branch council constituted in accordance with regulation 8. 3 the metropolitan police force branch is to have any additional branch council or branch councils as may be provided for by federation rules, constituted in accordance with regulation 9. 4 each metropolitan police force branch council is to have a committee as provided for in regulation 9(4). 5 each federation branch is to have a branch board constituted in accordance with regulation 10. 6 the federation is to have - a a national council constituted in accordance with regulation 11, and b a national board constituted in accordance with regulation 12. part 2 membership and voluntary subscriptions membership of the federation 4 1 each of the following is eligible to be a member of the federation - a a member of a police force in england and wales below the rank of superintendent; b a police cadet undergoing training with a view to becoming a member of a police force in england and wales. 2 a person who is eligible to be a member of the federation may opt to join it by joining the relevant federation branch at any time after joining a police force in england and wales or starting that person's cadet training with a view to becoming a member of that force. 3 a person who joins the federation under paragraph (2) may at any time after so joining opt to pay voluntary subscriptions to the federation. 4 a member of the federation is entitled, on giving not less than one month's notice to the branch secretary of that member's federation branch, to terminate that member's membership of that branch and the federation, but a shorter period of notice may be given where the federation agrees to this. effect of paying voluntary subscriptions 5 1 a member of the federation who pays voluntary subscriptions is entitled to the provision of advice and representation by the federation in accordance with any conditions set out in federation rules in relation to the specified matters mentioned in paragraph (2). 2 the specified matters are - a disciplinary proceedings under the police (conduct) regulations 2012 ; b unsatisfactory performance procedures under the police (performance) regulations 2012 ; c complaints or other matters falling within section 12 of the police reform act 2002 ; d complaints relating to police cadets in training. new members 6 1 the federation must - a notify each new member of a police force below the rank of superintendent, and each new police cadet in training with a view to becoming a member of a police force, that the member or cadet may opt to join the federation; b notify each member of a police force below the rank of superintendent, and each police cadet in training with a view to becoming a member of a police force, who wishes to join the federation that - i the member or cadet may opt to pay voluntary subscriptions to the federation, and ii the payment of such subscriptions will entitle the member or cadet to the provision of advice and representation by the federation in accordance with any conditions set out in federation rules in relation to the specified matters mentioned in regulation 5(2). 2 the notifications required under paragraph (1) must be given as soon as reasonably practicable, and for notifications under paragraph (1)(a), within one month after the date on which any federation body learns of the new member or police cadet. 3 nothing in this regulation requires the federation - a to notify existing members of the federation that they may opt to join the federation, or b to notify existing members of the federation who are already paying voluntary subscriptions to the federation that they may opt to pay such subscriptions. 4 for the purposes of paragraph (3), an "existing member" is a person who is already a member of the federation when these regulations come into force. part 3 constitution and proceedings of the federation branches, federation bodies and annual conference federation branches 7 1 each federation branch is to have a chair ("the branch chair"), elected by the members of the branch from among the members of the branch board in accordance with federation rules. 2 each federation branch is to have a secretary ("the branch secretary") and a treasurer ("the branch treasurer") elected by the members of the branch board from amongst their number in accordance with regulation 10(7). 3 a meeting of all or some of the members of a federation branch ("a branch meeting") may be held in accordance with arrangements made by - a the relevant branch board, or b the national board. 4 the chief officer of the police force in whose area a branch meeting is to be held is to be given at least 14 days' notice of the meeting. 5 the arrangements referred to in paragraph (3) may provide for the attendance at a branch meeting of - a the relevant local policing body or, where the relevant local policing body is the common council of the city of london, the members of the common council; b other members of the federation; c other persons only to the extent, and subject to such conditions, as may be determined - i by the relevant chief officer, where the arrangements are made under paragraph (3)(a); ii by the secretary of state, where the arrangements are made under paragraph (3)(b). 6 subject to these regulations and federation rules, a federation branch may regulate its own proceedings. branch councils 8 1 a branch council constituted in respect of a federation branch other than the metropolitan police force branch is to comprise the following members - a the number of members determined under paragraph (2) elected by the members of the relevant federation branch from among their number in accordance with federation rules; b the following officers - i the branch chair of the relevant federation branch, who is to chair the branch council; ii the branch secretary of the relevant federation branch, who is to be the secretary of the branch council; iii the branch treasurer of the relevant federation branch, who is to be the treasurer of the branch council; c any additional officers provided for by federation rules. 2 unless federation rules provide otherwise, the number of members mentioned in paragraph (1)(a) to be elected by the members of the relevant federation branch from among their number is 1 member for every 65 police officers in the relevant police force, subject to a minimum of 20. 3 for the purposes of paragraph (2), the number of police officers in a force is the total number of police officers in that force on 31st march in the year that was two years before that in which the election is held. 4 elections for the purposes of this regulation are to be held before the end of the relevant period and in every third year after that. 5 a branch council may hold up to three meetings per year, each lasting no more than one day (unless the relevant chief officer agrees otherwise) and, with the consent of the relevant chief officer, additional meetings of the branch council may be held. 6 subject to these regulations and federation rules, a branch council may regulate its own proceedings. metropolitan police force: branch council and representation 9 1 unless federation rules provide otherwise, the members of the metropolitan police force branch are to elect in accordance with federation rules one representative for every 65 police officers in the metropolitan police force ("elected representatives"). 2 one or more branch councils are to be constituted in respect of the metropolitan police force branch, comprising - a the number of elected representatives determined in accordance with federation rules, elected by the elected representatives from amongst their number; b any additional members provided for in federation rules. 3 federation rules may make different provision for the number of members in different branch councils, taking into account the number of members represented by each branch council. 4 each branch council is to elect an executive committee (a "metropolitan executive committee") from amongst its members in accordance with federation rules. 5 elections for the purposes of this regulation are to be held before the end of the relevant period and in every third year after that. 6 federation rules may provide for additional members for metropolitan executive committees. 7 a branch council may hold up to three meetings per year, each lasting no more than one day and, with the consent of the relevant chief officer, additional meetings of the branch council may be held. 8 a metropolitan executive committee may hold up to four meetings per year, each lasting no more than one day and, with the consent of the relevant chief officer, additional meetings of the metropolitan executive committee may be held. 9 subject to these regulations and federation rules, a branch council and a metropolitan executive committee may each regulate their own proceedings. branch boards 10 1 a branch board constituted in respect of a federation branch other than the metropolitan police force branch, or a branch board constituted in respect of the metropolitan police force branch where there is only one branch council, is to comprise the number of members determined under paragraph (3), elected by the members of the relevant branch council from among their number in accordance with federation rules. 2 federation rules may also provide for the attendance at meetings of the branch board of any members of the relevant federation branch who are members of the national board, and the extent to which they may participate in such meetings. 3 unless federation rules provide otherwise, the number of members mentioned in paragraph (1) to be elected by the members of the relevant branch council from among their number is - a 10 where the number of members of the relevant police force is less than 1500; b 12 where the number of members of the relevant police force is between 1500 and 4499; c 14 where the number of members of the relevant police force is more than 4499. 4 for the purposes of paragraph (3), the number of police officers in a force is the total number of police officers in that force on 31st march in the year that was two years before that in which the election is held. 5 the branch board constituted in respect of the metropolitan police force branch where there are two or more branch councils is to comprise - a the members of the metropolitan executive committees elected for each branch council; and b any additional members provided for in federation rules. 6 elections for the purposes of this regulation are to be held before the end of the relevant period and in every third year after that. 7 the members of the branch board must elect from among their number in accordance with federation rules - a the branch secretary of the relevant federation branch; b the branch treasurer of the relevant federation branch. 8 a branch board may hold up to four meetings per year, each lasting no more than one day (unless the relevant chief officer agrees otherwise) and, with the consent of the relevant chief officer, additional meetings of the branch board may be held. 9 subject to these regulations and federation rules, a branch board may regulate its own proceedings. the national council 11 1 the national council is to comprise the following members - a the branch chair and branch secretary of each branch; b any additional members of the branch board for the metropolitan police force branch provided for in federation rules elected by members of that branch board in accordance with federation rules; c any additional members elected in accordance with federation rules pursuant to paragraph (3); d any additional members provided for in federation rules, which may also provide for the extent to which such additional members may participate in the proceedings of the national council. 2 the national council is to be constituted as soon as the following elections have taken place - a the elections of branch chairs and branch secretaries required under regulation 7(1) and (2); and b the elections of members required under paragraph (1)(b) and (c). 3 federation rules may provide for additional members sharing a particular protected characteristic if the federation considers that this is appropriate. 4 in determining what, if any, provision to make under paragraph (3), the federation must take into account the findings of the most recent equality assessment carried out under regulation 15, if such an assessment has been carried out. 5 a chair ("the national chair") is to be elected by the members of the federation from among the members of the national council in accordance with federation rules. 6 any elections held for the purposes of this regulation are to be held before the end of the relevant period, and in every third year after that. 7 subject to these regulations and federation rules, the national council may regulate its own proceedings. the national board 12 1 the national board is to comprise the following members - a the national chair, who is to chair the national board; b a secretary ("the national secretary") appointed by the other members of the national board in accordance with federation rules; c the number of members determined under paragraph (2), elected by the members of the national council from among their number in accordance with federation rules. 2 unless federation rules provide otherwise, the number of members mentioned in paragraph (1)(c) to be elected by the members of the national council from among their number is 22. 3 federation rules may make appropriate provision to ensure that the members elected under paragraph (2) include members sharing a particular protected characteristic if the federation considers that this is appropriate. 4 in determining what if any provision to make under paragraph (3), the federation must take into account the findings of the most recent equality assessment carried out under regulation 15, if such an assessment has been carried out. 5 federation rules may provide that the national secretary is not entitled to vote in the national board's proceedings. 6 a treasurer ("the national treasurer") is to be elected by the members of the national board from among their number in accordance with federation rules. 7 elections for the purposes of this regulation are to be held before the end of the relevant period and in every third year after that. 8 the national board may once a year hold an ordinary meeting lasting not more than two days with the joint central committee of the scottish police federation, and the joint central committee of the police federation for northern ireland. 9 the national board may hold any other meetings it considers appropriate. 10 subject to these regulations and federation rules, the national board may regulate its own proceedings. terms of office 13 1 this regulation is subject to federation rules - a concerning the filling of vacancies made under regulation 22(1)(b)(vi) (elections to federation bodies and the filling of vacancies), (vii) (elections of federation officers and the filling of vacancies), (viii) (appointment of national secretary), and b made under regulation 22(1)(b)(xv) (removal from membership or office). 2 a person elected to be an elected representative or a member of a federation body becomes an elected representative or a member of that body on the first day of the month following that in which the election is held (or on such earlier date as is provided for in federation rules) and ceases to be an elected representative or member of that body on the last day of the month in which the next following election for elected representatives or membership of that federation body is held (or on such other date as may be provided for in federation rules). 3 a person elected to be a federation officer (other than the national secretary) takes office on the first day of the month following that in which the election is held and vacates office on the last day of the month in which the next following election to that office is held. 4 a person holds and vacates office as the national secretary in accordance with the terms of his or her appointment, and may be appointed for one or more terms, provided that no person holds office as national secretary for a period of more than ten years. the annual conference 14 1 the national board is to arrange an annual conference of the federation on a date agreed by the secretary of state. 2 the following are entitled to attend the annual conference as delegates - a the number of delegates determined under paragraph (3) elected by each branch from the members of the relevant branch in accordance with federation rules; b the members of the national council and the national board; c the trustees appointed under regulation 20(2). 3 the number of delegates mentioned in paragraph (2)(a), to be elected in accordance with federation rules by each branch from the members of the relevant branch, is two plus an additional delegate for every 500 members or part thereof of the relevant police force, unless federation rules provide otherwise. 4 for the purposes of paragraph (3), the number of police officers in a force is the total number of police officers in that force on 31st march in the year that was two years before that in which the election is held. 5 the annual conference must not last more than two days or, with the consent of the secretary of state, three days. 6 subject to these regulations and federation rules, the annual conference may regulate its own proceedings. equality assessment and report 15 1 the federation must, in accordance with federation rules, carry out or arrange an assessment within six months after the election of members of the national board under regulation 12(1)(c) and in every third year after that of the representation of persons with a protected characteristic in the federation. 2 following that assessment, the federation must publish information, in accordance with federation rules, relating to protected characteristics of the persons described in paragraph (3). 3 the persons referred to in paragraph (2) are - a members of - i the federation; ii the federation branches; iii the federation bodies; b the federation officers; c delegates to the annual conference. 4 the duty imposed in paragraph (2) applies only insofar as it is possible to publish information in a manner that ensures that no person to whom the information relates can be identified from that information. 5 the federation must report annually on the steps it is taking to advance equality of opportunity in the federation between those who share a protected characteristic, and those who do not share it. 6 the report made under paragraph (5) must include information on the steps the federation is taking to encourage persons who share a particular protected characteristic to participate in the federation where participation by such persons is disproportionately low. 7 the national board must provide a copy of the report prepared under paragraph (5) to the secretary of state and publish it on the internet and in any other way the national board considers appropriate. 8 federation rules may provide that the assessment carried out under paragraph (1), the information to be published under paragraph (2) and the report required under paragraph (5) must relate to all protected chacteristics, or only to such characteristics as are specified in the rules. 9 nothing in this regulation authorises the federation to require a person to provide information to it. part 4 financial arrangements remuneration etc. of members of the national board 16 1 the national board must make an appropriate contribution out of the national fund to the relevant local policing body in respect of the pay, pension or allowances payable by the body to or in respect of a member of the national board (other than the national secretary where he or she is not a member of a police force). 2 in paragraph (1), "appropriate contribution" means such contribution as may be agreed between the national board and the relevant local policing body, or in default of agreement, as may be determined by the secretary of state. 3 regulations made under the following provisions are to have effect in relation to the national chair and the national secretary (where the national secretary is a member of a police force) as provided by paragraph (4) - a section 50 of the police act 1996 , in so far as they relate to leave, pay and allowances, and b the police pensions act 1976 or the public service pensions act 2013 (in its application to members of a police force in england and wales), except in so far as they relate to compulsory retirement on account of age. 4 subject to paragraph (5), the regulations mentioned in paragraph (3) are to have effect as if the national chair and the national secretary held the rank of chief inspector in the metropolitan police; but nothing in this paragraph transfers any rights or liabilities to the local policing body maintaining that force. 5 any london weighting or london allowance or supplement provided for under the regulations mentioned in paragraph (3) is to not apply in the case of an officer mentioned in that paragraph unless it would apply to that person apart from paragraph (4). raising of federation funds 17 1 the federation may only raise funds by - a the collection of voluntary subscriptions from its members as mentioned in paragraph (2); b the acceptance of donations from - i its members; ii reversionary members of home police forces or servicemen within the meaning of the regulations from time to time in force under the police pensions act 1976; or iii any other donors authorised by federation rules; c charging fees for the provision of services to members and other persons; d such other means as federation rules may provide. 2 voluntary subscriptions may be collected by the national board from members of the federation who have opted to pay voluntary subscriptions to the federation under regulation 4(3). 3 the amount which is to be paid as a voluntary subscription is to be determined by the national board, subject to the approval of the annual conference. 4 if the federation fails to give a member of the federation ("m") a notice which is required under regulation 6(1)(b), the federation must - a notify m of that failure, b ask m whether m wishes to continue to be a member of the federation and if so, whether m wishes to start or continue (as the case may be) to pay voluntary subscriptions to the federation, and c subject to paragraph (5), repay any voluntary subscriptions paid by m before the date of the notification under sub-paragraph (a) within 3 months from that date. 5 the requirement in paragraph (4)(c) does not apply where, following the notification under paragraph (4)(a), m waives his or her entitlement under paragraph (4)(c) in writing. 6 where the federation has repaid voluntary subscriptions to m under paragraph (4)(c), that repayment does not affect m's entitlement to any benefits, facilities or services that result from payment of those voluntary subscriptions. management of federation funds and property 18 1 subject to these regulations, federation funds raised in accordance with regulation 17(1) and federation property are to be managed in accordance with federation rules. 2 each branch board must maintain a fund ("the branch fund") for the purposes of the relevant branch. 3 the national board must maintain a fund ("the national fund") for any purpose of the federation. use of federation funds 19 1 subject to these regulations and to federation rules, the branch board may use its branch fund for any purpose which the branch board may determine to be necessary or expedient in the interests of the federation or its members. 2 subject to these regulations and to federation rules, the national board may use the national fund for any purpose which the national board may determine to be necessary or expedient in the interests of the federation or its members. 3 the federation funds used by a federation body must not exceed any maximum amount in respect of any purpose or any specified purpose during any specified period provided for by federation rules. 4 federation funds must not be used - a to support a political party or to promote, directly or indirectly, a person's candidature in any election or any outcome in a referendum; b to support the candidature of any individual in an election held under these regulations or federation rules (but this does not prevent federation funds being used in respect of the distribution of factual information about a candidate in such an election); or c to contribute to the funds of a political party, trade union or any other body or organisation, other than one - i connected with the police service or its welfare, or ii carrying out charitable work for the welfare of others. trustees of federation property and funds 20 1 each branch board must appoint in accordance with federation rules three trustees in whom the branch fund and branch property is to be vested. 2 the national board must appoint in accordance with federation rules three persons as trustees ("the national trustees") in whom the national fund and national property is to be vested. 3 federation rules must make provision for the term of office of the national trustees, and the manner in which vacancies among the national trustees are to be filled. 4 subject to paragraph (5) where federation funds are vested in trustees in accordance with this regulation those trustees must not invest the funds or vary any investment except in pursuance of the powers of investment conferred on trustees generally by the trustee act 2000 and in accordance with the directions of the federation body which appointed them. 5 where federation property or federation funds are vested in 3 trustees in accordance with this regulation, any 2 of those trustees are to have the like powers to deal with that property or those funds as they would have had if they had been the sole trustees of the property or funds. 6 the national fund and property mentioned in paragraph (2) may, at the direction of the national board, be used by way of investment in the building of property, whether to provide office accommodation for the federation or otherwise. 7 the national board may, for any of the purposes authorised under these regulations or federation rules, establish a limited company and the federation property mentioned in paragraph (2) may, at the direction of the national board, be used to establish, administer and fund such a company. 8 for the purposes of this regulation - a "branch property" is federation property which is held by or on behalf of a branch, or in respect of which the branch is the beneficial owner; b "national property" is federation property which is not branch property. accounts 21 1 each branch treasurer must, in relation to federation funds and property held by or on behalf of the federation branch, or in respect of which the federation branch is beneficiary, and in accordance with federation rules - a keep accounting records recording - i all monies received and paid out by the branch; and ii the assets and liabilities of the branch; b prepare annual accounts for the branch ("branch accounts") recording the income and expenditure of the branch for each financial year, and the assets and liabilities of the branch at the end of the financial year, and send the branch accounts to the national treasurer. 2 the national treasurer must, in accordance with federation rules - a keep accounting records recording - i all monies received and paid out by the federation; and ii the assets and liabilities of the federation; b prepare annual accounts for the federation ("federation accounts") recording - i the income, and expenditure of the federation (including the income and expenditure of the federation branches), for each financial year; and ii the assets and liabilities of the federation (including the assets and liabilities of the branches of the federation) at the end of the financial year; and c must arrange for the federation accounts for each year to be audited by an auditor who satisfies the requirements in paragraph (3). 3 the auditor must be a person who is eligible for appointment as a statutory auditor under part 42 of the companies act 2006 and is not a member or officer of the federation. 4 after the end of each financial year the national treasurer must publish the branch accounts and the federation accounts for that year, together with a copy of the auditor's report on the federation accounts, on the internet and in any other way the national treasurer considers appropriate. 5 a branch treasurer must on request send the national treasurer any accounts or information from the accounting records held by a branch treasurer in relation to federation funds and property held by it specified by the national treasurer in the request. 6 the secretary of state may at any time request from the national treasurer - a any federation accounts; b any branch accounts transmitted to the national treasurer by a branch treasurer under paragraph (1). 7 a request made under paragraph (5) or (6) must be complied with, so far as is reasonably practicable, within 28 days from the date of the request. part 5 federation rules, amendments to other enactments and transitional and savings provisions federation rules 22 1 the federation is authorised to make rules concerning the following matters - a provision for a body, committee or officer of the federation other than those provided for in these regulations; b further provision relating to the branches of the federation, the federation bodies, the federation officers and the annual conference, including among other things provision relating to - i in the case of the metropolitan police force branch, an additional branch council or branch councils; ii the number of elected representatives on metropolitan branch councils; iii additional members for branch councils, branch boards, metropolitan executive committees and the national council; iv a different number of - aa members elected to a branch council from the number calculated in accordance with regulation 8(2); bb elected representatives from the number calculated in accordance with regulation 9(1); cc members elected to a branch board from the number calculated in accordance with regulation 10(3); dd members elected to the national board from the number calculated in accordance with regulation 12(2); ee delegates elected to the annual conference from the number calculated in accordance with regulation 14(3); v the number of members of a metropolitan executive committee; vi elections (including the conduct of elections) to the federation bodies and the filling of vacancies; vii elections (including the conduct of elections) of federation officers (except the national secretary) and the filling of vacancies; viii the appointment of the national secretary including, where the national secretary is not a member of a police force, the setting of his or her terms of employment; ix elections (including the conduct of elections) of delegates to the annual conference and the filling of vacancies; x the role of each federation branch, federation body, federation officer and the annual conference in the constitution and proceedings of the federation; xi the proceedings of a federation branch, a federation body and the annual conference; xii different provision in relation to different federation branches or different regions of england and wales; xiii the equality assessment, publication of information and report provided for in regulation 15; xiv the ethics, standards, conduct and performance to be expected of a member of the federation or a federation officer; xv the removal of a person from membership of a federation body or the removal from office of a federation officer; c further provision about federation funds and federation property, including among other things provision relating to - i the raising of federation funds by means other than those specified in regulation 17(1)(a), (b) or (c), including - aa the borrowing of money; bb the acceptance of donations from individuals or bodies not mentioned in regulation 17(1)(b)(i) to (iii); cc the sale of publications or other articles, and the receipt of commission in connection with any such sale; ii the use and management of federation funds and federation property, including among other things - aa the maximum expenditure which may be incurred by a federation body during a specified period in respect of any purpose or any specified purpose; bb the expenses of any federation body; cc the policies to be followed in relation to payment of expenses and the provision of hospitality by or to any federation body or representative; dd any payments to be made to any federation representative; ee the accounting procedures to be followed by federation bodies; ff the systems to be followed by federation bodies for the internal audit of their accounting records and internal controls; iii the trustees of federation funds and federation property, including - aa the procedure for the appointment of trustees under regulation 20; bb the term of office of trustees appointed under paragraph (1) or (2) of regulation 20; cc the manner in which vacancies among such trustees are filled; d provision relating to the keeping of records about members of the federation, and the information members are to provide to the federation; e provision relating to services and benefits provided to members and other persons, including the provision of advice and representation on any issue; f provision relating to the consequences of a breach of federation rules; g provision relating to the publication of material by the federation; h transitional and savings provision; i any other provision which the federation reasonably believes is necessary to fulfil its purpose. 2 federation rules may define the different regions of the federation. 3 federation rules must be prepared by the national board and are to have no effect unless they are approved by the secretary of state. 4 for the purpose of this regulation, "federation representative" means any of - a the national chair; b the national secretary; c the national treasurer; d any trustee appointed under regulation 20; e any other member of the national council or the national board; f any member of a branch council or branch board; g any elected representative, within the meaning of regulation 9(1). consequential and supplementary amendments 23 schedule 1 makes consequential and supplementary amendments. revocations 24 1 subject to paragraph (2), schedule 2 makes revocations. 2 the instruments specified in the table in schedule 2 are revoked to the extent specified subject to the transitional and savings provisions in schedule 3. transitional and savings provisions 25 schedule 3 makes transitional and savings provisions. nick hurd minister of state home office 22nd november 2017

citation, commencement and extent 1 1 this order may be cited as the criminal justice act 1988 (reviews of sentencing) (amendment) order 2017 and comes into force on the twenty-first day after the date on which it is laid before parliament. 2 this order extends to england and wales. amendment of the criminal justice act 1988 (reviews of sentencing) order 2006 2 1 schedule 1 to the criminal justice act 1988 (reviews of sentencing) order 2006 (descriptions of cases to which part 4 of the criminal justice act 1988 is to apply) is amended as follows. 2 after paragraph 3, insert - 3a 1 any case in which sentence is passed on a person for an offence under one of the following - a section 11 or 12 of the terrorism act 2000 ("the 2000 act ") (offences relating to proscribed organisations) ; b sections 15 to 18 of the 2000 act (offences relating to terrorist property) ; c section 38b of the 2000 act (failure to disclose information about acts of terrorism) ; d section 54 of the 2000 act (weapons training) ; e sections 57 to 58a of the 2000 act (possessing things, collecting information and eliciting, publishing or communicating information about members of the armed forces etc for the purposes of terrorism) ; f section 113 of the anti-terrorism, crime and security act 2001 (use of noxious substances or things to cause harm or intimidate) ; g section 1 or 2 of the terrorism act 2006 (encouragement of terrorism) ; h section 6 or 8 of the terrorism act 2006 (training for terrorism) . 2 any case in which sentence is passed on a person for one of the following - a an offence under section 20 of the offences against the person act 1861 (inflicting bodily harm) ; b an offence under the following provisions of the criminal damage act 1971 i section 1(1) (destroying or damaging property); ii section 1(1) and (3) (arson); iii section 2 (threats to destroy or damage property); c an offence under sections 1 to 5 of the forgery and counterfeiting act 1981 ; where there is jurisdiction in england and wales by virtue of any of sections 63b to 63d of the 2000 act (extra-territorial jurisdiction in respect of certain offences committed outside the united kingdom for the purposes of terrorism etc) . . 3 in paragraph 4(2), for "paragraph 3" substitute "paragraphs 3 or 3a". dominic raab minister of state ministry of justice 11th july 2017

citation, commencement and interpretation 1 1 this order may be cited as the pensions act 2014 (pension protection fund: increased compensation cap for long service) (pension compensation sharing on divorce) (transitional provision) order 2017 and comes into force on 6th april 2017. 2 in this order - "the 2004 act " means the pensions act 2004 ; "the 2008 act " means the pensions act 2008 ; "the 2014 act " means the pensions act 2014. transitional provision in connection with the pension protection fund: increased compensation cap for long service and compensation sharing on divorce etc. 2 1 this article applies in relation to a person if - a compensation is payable under chapter 1 of part 3 of the 2008 act (pension compensation on divorce etc.); and b the compensation is restricted in accordance with regulations made under paragraph 18 of schedule 5 to that act (compensation cap) . 2 part 3 of schedule 20 to the 2014 act (effect of change in transitional cases) has effect in relation to a person to whom this article applies as it has effect in relation to compensation payable under schedule 7 to the 2004 act (pension compensation provisions) subject to the following modifications. 3 paragraph 8 (recalculation of periodic compensation going forwards) has effect as if the reference in - a sub-paragraph (1)(a) to compensation under paragraph 3, 11 or 15 of schedule 7 to the 2004 act (which relate to compensation payable to, respectively, pensioners, active members and deferred members) were to compensation under paragraph 4 or 6 of schedule 5 to the 2008 act (compensation payable to transferee) ; b sub-paragraph (1)(b) to the restriction in paragraph 26 of schedule 7 to the 2004 act (compensation cap) were to the restriction in regulations made under paragraph 18 of schedule 5 to the 2008 act (compensation cap); c sub-paragraph (2) to the protected pension rate were, in both places where that reference appears, a reference to the initial annual rate of compensation for the purposes of paragraph 4 or 6 of schedule 5 to the 2008 act; and d sub-paragraph (5) to paragraph 28 of schedule 7 to the 2004 act (annual increase in periodic compensation) were to paragraph 17 of schedule 5 to the 2008 act (annual increase in periodic compensation) . 4 paragraph 9 (new cap does not generally affect old payments) has effect as if - a the reference to periodic compensation were a reference to periodic compensation within paragraph 4 or 6 of schedule 5 to the 2008 act; and b sub-paragraph (1)(b) and the definition of "lump sum compensation" in sub-paragraph (2) were omitted. 5 paragraph 10 (survivors' compensation) has effect as if the reference to - a paragraph 4(3), 13(3) or 18(3) of schedule 7 to the 2004 act were to paragraph 5(3) or 7(3) of schedule 5 to the 2008 act (compensation payable to widow, widower or surviving civil partner); and b paragraph 8 were to that paragraph as modified by this order. 6 paragraph 11 (cases involving early payment or postponement of compensation) has effect as if the reference to - a paragraph 25 of schedule 7 to the 2004 act (early payment of compensation) were to paragraph 10 of schedule 5 to the 2008 act (early payment of compensation); and b paragraph 25a (of schedule 7 to the 2004 act) (postponement of compensation) were to paragraph 16a of schedule 5 to the 2008 act (postponement of compensation) . 7 paragraph 12 (recalculation of terminal illness lump sums given in the past year) has effect as if the reference in - a sub-paragraph (1)(a) to paragraph 25e of schedule 7 to the 2004 act (terminal illness lump sum: effect of successful application) were to paragraph 15 of schedule 5 to the 2008 act (terminal illness lump sum: effect of successful application) ; b sub-paragraph (1)(b) to the restriction in paragraph 26 of schedule 7 to the 2004 act were to the restriction in regulations made under paragraph 18 of schedule 5 to the 2008 act (pension compensation payable on discharge of pension compensation credit); and c sub-paragraph (2) to schedule 7 to the 2004 act were to schedule 5 to the 2008 act. signed by authority of the secretary of state richard harrington parliamentary under- secretary of state department for work and pensions 8th march 2017

citation, commencement and application 1 1 this order may be cited as the north east derbyshire (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 articles 3 and 4 come into force - a for the purpose of proceedings preliminary or relating to the election of councillors, on the day after the day on which this order is made; b for all other purposes, on the ordinary day of election of councillors in 2019. interpretation 2 1 in this order, "the map" means the map marked "map referred to in the north east derbyshire (electoral changes) order 2017", held by the local government boundary commission for england . 2 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of north east derbyshire and number of councillors 3 1 the existing wards of the district of north east derbyshire are abolished. 2 the district of north east derbyshire is divided into 24 wards as listed in the first column of the table in schedule 1. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected for each ward is the number specified in relation to that ward in the second column of the table in schedule 1. wards of the parishes of dronfield, eckington, north wingfield and wingerworth 4 1 the existing wards of the parishes of dronfield, eckington, north wingfield and wingerworth are abolished. 2 the parish of dronfield is divided into the eight parish wards listed in the first column of table 1 in schedule 2. 3 the parish of eckington is divided into the four parish wards listed in the first column of table 2 in schedule 2. 4 the parish of north wingfield is divided into the three parish wards listed in the first column of table 3 in schedule 2. 5 the parish of wingerworth is divided into the five parish wards listed in the first column of table 4 in schedule 2. 6 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 7 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 13th december 2017

citation and commencement 1 these regulations may be cited as the road vehicles (authorised weight) and (construction and use) (amendment) regulations 2017 and come into force on 1st october 2017. amendment of the road vehicles (authorised weight) regulations 1998 2 the road vehicles (authorised weight) regulations 1998 are amended as follows. interpretation 3 1 in regulation 2(1) (interpretation), after the definition of "the 1986 regulations", insert - "alternative fuel" means a fuel or power source which serves, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which has the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, consisting of - electricity consumed in all types of electric vehicles; hydrogen; natural gas, including biomethane, in gaseous form and liquefied form; liquefied petroleum gas; mechanical energy from on-board sources, including waste heat; "alternatively fuelled vehicle" means a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the framework directive; . 2 after the definition of "axle weight", insert - "bus" means a motor vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver; . 3 after the definition of "first used", insert - "framework directive" means directive 2007/46/ec of the european parliament and of the council of 5th september 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ; . 4 after the definition of "semi-trailer", insert - "shipper" means a person who is named on the bill of lading, through bill of lading or on an equivalent transport document, as the shipper and in whose name or on whose behalf a contract of carriage has been concluded with the transport company; . 5 after the definition of "steering axle", insert - "swap body" means a part of a vehicle which is intended to bear the load, has supports and, by means of a device which is part of the vehicle, may be detached from the vehicle and re-incorporated into it; . application of regulations 4 in regulation 3 (application of regulations) - a for " directive 70/156/eec as substituted by directive 92/53/ec ", substitute "the framework directive"; and b for "combined transport operations", substitute "intermodal transport operations". maximum authorised weights 5 1 in regulation 4(1) (maximum authorised weights), for "paragraph (2)", substitute "paragraphs (2) and (3)". 2 after paragraph (2), add - 3 the maximum authorised weight of a relevant alternatively fuelled vehicle is increased by a maximum of 1000kg where - a a type or individual approval has been granted to the vehicle under the framework directive which provides evidence that the weight of the alternative fuel power train exceeds the weight of a conventional power train by a specified amount, and b the weight of the alternative fuel power train is included in the maximum permitted gross or train weight specified on any plates required by regulation 66 or regulation 70 of the 1986 regulations. 4 a "relevant alternatively fuelled vehicle" means an alternatively fuelled vehicle of a type described in items 1, 5, 6 or 9 of table 1 in schedule 1. . information about the weight of a container 6 after regulation 5, insert - information about the weight of a container 6 1 the shipper must give to the haulier to whom it entrusts the transport of a container or swap body a written statement indicating the gross weight of the container or swap body being transported. 2 if required, the haulier must provide enforcement authorities access to the statement of weight and all documentation relevant to the statement of weight provided by the shipper. . schedule 1 (maximum authorised weights for vehicles) 7 1 in schedule 1, paragraph 1(1) - a for "paragraph 2", substitute "paragraphs 1a and 2", and b in table 1 - i in column 2 of item 1, after "vehicle", insert - "which is not a bus" , and ii after item 1 insert - 1a rigid motor vehicle which is a bus 2 19500 . 2 after schedule 1, sub-paragraph 1(2), insert - maximum authorised weight of a relevant alternatively fuelled vehicle 1a the vehicles described in items 1, 5, 6 or 9 of table 1 may exceed the weight specified in column 4 by 1000 kg where the requirements of regulation 4(3) are fulfilled. . amendment of the road vehicles (construction and use) regulations 1986 8 the road vehicles (construction and use) regulations 1986 are amended as follows. interpretation 9 in the table in regulation 3(2) (interpretation) - a omit the definition of "combined transport operation"; b after the definition of "framework directive", insert - fuel cell a device in which hydrogen reacts with oxygen, creating water and generating an electric current. ; c for the definition of "gas-fired appliance", substitute - gas-fired appliance a device carried on a motor vehicle or trailer when in use on a road, which consumes gas and which is none of the following - (a) a device owned or operated by or with the authority of a gas transporter for the purposes of detecting gas; (b) an engine for the propulsion of a motor vehicle; (c) a lamp which consumes acetylene gas; (d) a fuel cell. ; d after the definition of "gas-fired appliance", insert - gas transporter a holder of a licence under section 7(1) of the gas act 1986 except where the holder is acting otherwise than for purposes connected with - (a) the carrying on of activities authorised by the licence; (b) the conveyance of gas through pipes which - (i) are situated in an authorised area of the licence holder; or (ii) are situated in an area which was an authorised area of the licence holder, or an authorised area of a previous holder of the licence, and were so situated at a time when it was such an area; or (c) the conveyance through pipes of gas which is in the course of being conveyed to or from a country of territory outside great britain. ; e after the definition of "industrial tractor", insert - intermodal transport operation shall be construed in accordance with paragraph 9(3) of part iv of schedule 11a. ; f after the definition of "light trailer", insert - liquefied petroleum gas (a) butane gas in any phase which meets the requirements contained in the specification of commercial butane and propane issued by the british standards institution under the number bs 4250: 2014 and published on 30th november 2014 ; or (b) propane gas in any phase which meets the requirements contained in the said specification; or (c) any mixture of such butane gas and such propane gas. ; g after the definition of "statutory power of removal", insert - swap body a part of a vehicle which is intended to bear the load, has supports and, by means of a device which is part of the vehicle, may be detached from the vehicle and re-incorporated into it. . length 10 1 in regulation 7 (length), in the table in paragraph (1), after item 3b, insert - 3c an articulated vehicle, the semi-trailer of which meets the requirements of paragraph (6), is not a low loader and is carrying one or more containers or swap bodies up to a total maximum length of 45 feet as part of an intermodal transport operation. 16.65 2 in paragraph (6)(a) - a at the end of paragraph (i), omit "or"; and b after paragraph (i), insert - ia 12.15m when carrying one or more containers or swap bodies up to a total maximum length of 45 feet as part of an intermodal transport operation, or . width 11 1 in regulation 8 (width), in the table in paragraph (1), for column 2 of item 2, "a refrigerated vehicle", substitute - a refrigerated vehicle, conditioned container or swap body. . 2 for paragraph (4), substitute - 4 in this regulation - "refrigerated vehicle" means any vehicle which is specially designed for the carriage of goods at low temperature and of which the thickness of each of the side walls inclusive of insulation, is at least 45 mm; and "conditioned container or swap body" means a container or swap body used to carry goods at controlled temperatures on different modes of transport. . gas propulsion systems and gas-fired appliances 12 in regulations 40(2)(a) and 40(2a), after "first used", insert "liquefied petroleum". plates for goods vehicles and buses 13 after regulation 66(7) (plates for goods vehicles and buses) insert - 8 in great britain a maximum gross weight of 18000 kg may be displayed on the plate of a motor vehicle with two axles which falls within sub-paragraph (1)(b) and which first came into use after 31st december 1998 where the maximum gross weight determined in accordance with the motor vehicles (authorised weight) regulations 1998 exceeds 18000 kg. . maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle 14 in regulation 76(1a) (maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle), for "exemptions relating to combined transport operations", substitute "exemptions relating to intermodal transport operations". maximum permitted laden weight of an articulated vehicle 15 regulation 77(2a) (maximum permitted laden weight of an articulated vehicle), for "exemptions relating to combined transport operations", substitute "exemptions relating to intermodal transport operations". use of gas propulsion systems 16 1 for regulation 94(2) (use of gas propulsion systems), substitute - 2 no person shall use, or cause or permit to be used, in any gas supply system for the propulsion of a vehicle when the vehicle is on a road any fuel except liquefied petroleum gas, hydrogen or natural gas. . 2 after regulation 94(2), insert - 2a no person shall use, or cause or permit to be used, a vehicle that is fitted with a hydrogen fuel system or a natural gas fuel system unless that vehicle has been approved under the road vehicles (approval) regulations 2009 for that system at the time of registration. . 3 omit regulation 94(4). exceptions relating to intermodal transport operations 17 1 in schedule 11a, for the heading "exceptions relating to combined transport operations", substitute "exceptions relating to intermodal transport operations". 2 in part ii (drawbar combinations), for paragraph 3 substitute - 3 1 the drawing vehicle and trailer must be carrying a relevant receptacle as part of an intermodal transport operation, each such receptacle being on a journey - a to a railhead or water transport terminal from which the relevant receptacle is, as part of the operation, to be transported in a relevant manner by railway or waterborne transport pursuant to a relevant contract made before the journey began; or b from a railhead or water transport terminal to which the relevant receptacle has, as part of the operation, been transported in a relevant manner by railway or waterborne transport. 2 there must be carried in the cab of the drawing vehicle a document - a if the vehicle is on a journey to a railhead or water transport terminal, specifying the railhead or water transport terminal, the date the relevant contact was made and the parties to that contract; b if the vehicle is on a journey from a railhead or water transport terminal, specifying the railhead or water transport terminal and the date and time at which the receptacles were collected from that railhead or water transport terminal. . 3 in part iii (articulated vehicles) - a for paragraph 6(1) substitute - 6 1 the motor vehicle comprised in the articulated vehicle must be being used for the conveyance of a loading unit as part of an intermodal transport operation, the loading unit being on a journey - a to a railhead or water transport terminal from which the loading unit is, as part of the operation, to be transported in a relevant manner by railway or waterborne transport pursuant to a relevant contract made before the journey began; or b from a railhead or water transport terminal to which the loading unit has, as part of the operation, been transported in a relevant manner by railway or waterborne transport. ; b for paragraph 6(4) substitute - 4 there must be carried in the cab of the motor vehicle a document - a if the vehicle is on a journey to a railhead or water transport terminal, specifying the railhead or water transport terminal, the date the contract was made and the parties to that contract; b if the vehicle is on a journey from a railhead or water transport terminal, specifying the railhead or water transport terminal and the date and time at which the loading unit was collected from that railhead or water transport terminal. . 4 in part iv (interpretation), paragraph 9(1) - a in the definition of "bi-modal vehicle", after "railway vehicle", insert "or for waterborne transport"; b in the definition of "relevant contract", after "railway", insert "or waterborne transport"; c at the end of the definition of "road-rail semi-trailer", insert - "water transport terminal" means a facility for the transhipment of any of the following - a vehicle from the ground or from a railway vehicle onto a waterborne vessel; a vehicle from a waterborne vessel onto the ground or onto a railway vehicle; a relevant receptacle from the ground or from a road or rail vehicle onto a waterborne vessel; a relevant receptacle from a waterborne vessel onto the ground or onto a road or rail vehicle; a road-rail semi-trailer from the ground onto a waterborne vessel; a road-rail semi-trailer from a waterborne vessel onto the ground. . 5 for paragraph 9(3), substitute - 3 in these regulations, a reference to an intermodal transport operation is a reference to the transport of one or more containers or swap bodies where all of the following conditions are met - a the total maximum length of the containers or swap bodies is no more than 45 feet; b the initial or final leg of the journey uses the road; c another leg of the journey uses rail or waterborne transport; d no goods are added to or removed from the loading unit between the time when the journey begins and when it ends; and e the length of the initial or the final road leg does not exceed 150 km in great britain, except where necessary to reach the nearest transport terminal. . review 18 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in these regulations, and b publish a report setting out the conclusions of the review. 2 the first report must be published before the end of the period of five years beginning with the date on which these regulations come into force. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(3) of the small business, enterprise and employment act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how council directive 96/53/ec of 25th july 1996 laying down for certain road vehicles circulating within the community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic, as amended by directive ( eu ) 2015/719 , is implemented in other member states. 5 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objective intended to be achieved by the regulatory provision referred to in paragraph 1(a); b assess the extent to which those objectives are achieved; c assess whether those objectives remain appropriate; and d if those objective remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 6 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 6th september 2017

citation and commencement 1 these regulations may be cited as the air navigation (dangerous goods) (amendment) regulations 2017 and come into force on 31st january 2017. amendment of regulations 2 the air navigation (dangerous goods) regulations 2002 are amended by substituting for the definition of "technical instructions" in regulation 3(1) - "technical instructions" means the 2017-2018 english language edition of the technical instructions for the safe transport of dangerous goods by air , approved and published by decision of the council of the international civil aviation organisation; . revocation 3 the air navigation (dangerous goods) (amendment) regulations 2015 are revoked. signed by authority of the secretary of state for transport ahmad of wimbledon parliamentary under secretary of state department for transport 18th january 2017

citation and commencement 1 these regulations may be cited as the united nations and european union financial sanctions (linking) regulations 2017 and come into force on 1st april 2017. linking provisions 2 1 for the purposes of section 155 of the policing and crime act 2017, each un financial sanctions resolution listed in the first column of the table in the schedule to these regulations is linked to the eu financial sanctions regulation listed in the corresponding entry in the second column of the table. 2 in these regulations, any reference to a un financial sanctions resolution or to an eu financial sanctions regulation is to have effect as a reference to the un financial sanctions resolution or (as the case may be) to the eu financial sanctions regulation as varied or supplemented from time to time. david evennett guto bebb two of the lords commissioners of her majesty's treasury at 11.00 a.m. on 28th march 2017

citation, commencement and effect 1 1 these regulations may be cited as the taxes (base erosion and profit shifting) (country-by-country reporting) (amendment) regulations 2017 and come into force on 20th april 2017. 2 these regulations have effect for and in connection with the implementation of - a obligations under council directive 2011/16/eu on administrative cooperation in the field of taxation ; and b the oecd 's guidance on country-by-country reporting . amendment to the taxes (base erosion and profit shifting) (country-by-country reporting) regulations 2016 2 these regulations amend the taxes (base erosion and profit shifting) (country-by-country reporting) regulations 2016 . amendment of regulation 2 (interpretation) 3 1 in regulation 2(1) - a in the definition of "filing deadline" omit "accounting". b after the definition of "oecd model legislation" insert - "partnership" means a partnership governed by the partnership act 1890 , the limited partnerships act 1907 or the limited liability partnerships act 2000 ; ; and c for the definition of "threshold requirement" substitute - "threshold requirement" has the meaning given by paragraphs (2) to (4) of regulation 3; . 2 in regulation 2(2) - a omit "and"; and b insert after "constituent entity" "; and "international agreement"". 3 for regulation 2(4) substitute - 4 "ultimate parent entity" has the same meaning in these regulations as it does in article 1(6) of the oecd model legislation except with the following modifications to that article - a where an ultimate parent entity is not a partnership, for the purposes of regulations 3a and 10(1)(a) for "a constituent entity of an mne group that meets the following criteria" there is treated as substituted "a constituent entity of an mne group resident in the united kingdom for tax purposes that meets the following criteria"; and b where an ultimate parent entity is a partnership, for the purposes of regulations 3a and 10(1)(b) for "its jurisdiction of tax residence" there is treated as substituted "the jurisdiction under whose laws it is formed or organised" in both places where it occurs. . amendment of regulation 3 (filing of cbc reports) 4 for regulation 3 substitute - filing of cbc reports: general provisions 3 1 regulations 3a, 3b, 3c and 3d apply where the consolidated financial statements of an mne group ("g") meet the threshold requirement for a period ("p") where p - a commences before and ends on or after 31st december 2015; or b commences on or after 1st january 2016. 2 in paragraph (1) the "threshold requirement" means g has a total consolidated group revenue of 750 million - a as shown in its consolidated financial statements for p; or b as would have been shown in its consolidated financial statements for p had g been required to produce them by reason of the trading of equity interests in any of the enterprises in g on a public securities exchange. 3 where g draws up, or would draw up, its consolidated financial statements in a currency other than euros, the reference to 750 million in paragraph (2) has effect as if it were a reference to the equivalent in that currency at the average exchange rate for p. 4 when p is a period of more or less than 12 months, the amount of 750million in paragraph (2) (or the equivalent under paragraph (3)) is increased or decreased proportionately. 5 in regulations 3a, 3b, 3c and 3d, "g" is the mne group. 6 in regulations 3a, 3b, 3c and 3d, "p+1" is the period immediately following p in respect of which g prepares, or would prepare consolidated financial statements. filing of country-by-country reports and notification by ultimate parent entities 3a 1 each ultimate parent entity of g must file a country-by-country report in respect of p+1 by the filing deadline. 2 subject to paragraph (4) each ultimate parent entity of g must notify to revenue and customs - a that it is an ultimate parent entity of g responsible for filing a country-by-county report in respect of p+1; and b the names and unique taxpayer references of all of its constituent entities - i which are resident in the united kingdom for tax purposes; ii which have a permanent establishment in the united kingdom; or iii which are partnerships. 3 the notification required by paragraph (2) must be made by whichever is the later of the last day of p+1 or 1st september 2017 ("the deadline date"). 4 an ultimate parent entity of g ("upeg1") is not required to comply with paragraph (2) if before the deadline date - a another ultimate parent entity of g ("upeg2") has provided a notification in accordance with paragraph (2) and that notification includes the information required to be contained in the notification otherwise to be provided by upeg1; and b upeg1 provides details to revenue and customs of - i the name of upeg2; and ii the date the notification by upeg2 was provided. 5 where an ultimate parent entity of g is a partnership the requirements imposed on it by this regulation must be complied with by the partner of the ultimate parent entity of g who is required to deliver a return under section 12aa of tma 1970 . filing of cbc reports by united kingdom entities 3b 1 this regulation applies to each united kingdom entity of g ("ukeg") if - a regulation 3a does not apply to the ukeg; and b one of the conditions in regulation 6 is met. 2 the requirements in paragraphs (3) and (4) do not apply if exception a or exception b applies. 3 a ukeg must - a request from its ultimate parent entity all the information ("filing information") that the ukeg would need in order to file a country-by-country report in respect of p+1 before the filing deadline; and b if the ukeg receives the filing information, file a country-by-country report in respect of p+1 by the filing deadline. 4 if a ukeg does not receive the filing information before the filing deadline, it must by the filing deadline - a notify revenue and customs in writing that its ultimate parent entity has not provided the filing information; and b file a united kingdom country-by-country report in respect of p+1. 5 exception a applies where before the filing deadline - a a constituent entity of g has filed a country-by-country report in accordance with paragraph (3)(b) or regulation 3d in respect of p+1 and that report includes the information required to be contained in the cbc report otherwise to be filed by the ukeg; and b the ukeg provides details to revenue and customs of - i the name of the constituent entity which has filed the report; and ii the date the report was filed. 6 exception b applies where before the filing deadline - a a constituent entity of g has filed in a jurisdiction other than the united kingdom the equivalent of a country-by-country report in respect of p+1 and that report includes the information required to be contained in the cbc report otherwise required to be filed by the ukeg; b the appropriate authority of that jurisdiction has entered into exchange arrangements with revenue and customs which apply to the report filed and revenue and customs has not notified the ukeg that the arrangements are not operating effectively; and c the ukeg provides details to revenue and customs of - i the identity of the constituent entity which has filed the report and where the constituent entity is resident for tax purposes; ii the jurisdiction in which the report was filed; and iii the date the report was filed. notification by united kingdom entities 3c 1 this regulation applies to each united kingdom entity of g ("ukeg") if regulation 3a does not apply to the uk eg. 2 subject to paragraph (4), a united kingdom entity of g ("ukeg") must notify to revenue and customs - a whether or not the ukeg believes exception a or exception b will apply to it in respect of p+1; and b if the ukeg does believe exception a or exception b will so apply - i the name and unique taxpayer reference (or equivalent) of the constituent entity of g which the ukeg believes will file a cbc report or an equivalent report; and ii the jurisdiction in which the ukeg believes the constituent entity will file the report; and c the names and unique taxpayer references of all of g's constituent entities: i which are resident in the united kingdom for tax purposes; ii which have a permanent establishment in the united kingdom; or iii which are partnerships. 3 the notification required by paragraph (2) must be made by whichever is the later of the last day of p+1 or 1st september 2017 ("the deadline date"). 4 a united kingdom entity of g ("ukeg1") is not required to comply with paragraph (2) if before the deadline date - - a another united kingdom entity of g ("ukeg2") has provided a notification in accordance with paragraph (2) and that notification includes the information required to be contained in the notification otherwise to be provided by ukeg1; and b ukeg1 provides details to revenue and customs of - i the name of ukeg2; and ii the date the notification by ukeg2 was provided. 5 in this regulation exception a and exception b has the same meaning as in regulation 3b. voluntary filing of country-by-country reports by constituent entities 3d a constituent entity of g ("ceg") may file a country-by-country report on behalf of g in respect of p+1 by the filing deadline if - a the ceg or another constituent entity of g is resident for tax purposes in the united kingdom or has a permanent establishment in the united kingdom; b the ceg - i is not required to file a country-by-country report under regulation 3a; and ii is authorised by the ultimate parent entity of g to file a country-by-country report on behalf of g in respect of p+1 and the ultimate parent entity has notified revenue and customs of that authority in writing on or before the filing deadline; and c one of the conditions in regulation 6 is met. . omission of regulation 4 (threshold requirement) 5 omit regulation 4. amendment of regulation 6 (conditions that apply for the purposes of regulation 3(4)(b) and 3(8)(c)) 6 1 in the heading to regulation 6, for "regulation 3(4)(b) and 3(8)(c)" substitute "regulation 3b(1)(b) and 3d(c)". 2 in the opening sentence of regulation 6, for "regulation 3(4)(b) and 3(8)(c)" substitute "regulations 3b(1)(b) and 3d(c)". 3 in regulation 6(a) omit "accounting". 4 for regulation 6(b) substitute - b the appropriate authority of the jurisdiction in which the ultimate parent entity is resident for tax purposes has entered into an international agreement but has not entered into exchange arrangements with revenue and customs in respect of the period to which the report relates (or where the ultimate parent entity is resident for tax purposes in more than one jurisdiction, none of the appropriate authorities of those jurisdictions has entered into such arrangements); . 5 in regulation 6(c)(i) for "regulation 3(4)" substitute "regulation 3b". 6 in regulation 6(c)(ii) for "regulation 3(8)" substitute "regulation 3d". amendment of regulation 7 (commissioners' directions) 7 for regulation 7(1)(a) and (b) substitute - a the content and form of presentation of - i a cbc report; and ii a notification required by regulation 3a(2), 3b(4)(a) or 3c(3); and b the method for filing a report and providing a notification. . amendment of regulation 8 (form and method of filing cbc reports) 8 in regulation 8 for "regulation 3", substitute "regulations 3a(1), 3b(3)(b), 3b(4)(b) or 3d". insertion of regulation 8a (form and method of providing notifications) 9 after regulation 8 insert - form and method of notifications 8a a notification required by regulation 3a(2), 3b(4)(a) or 3c(2) must - a be presented in the form; and b be filed in accordance with the method, directed by the commissioners. . amendment of regulation 10 (reporting entities) 10 in regulation 10 for paragraph (1) substitute - 1 for the purposes of section 122(4)(a) of fa 2015, the following are reporting entities - a an ultimate parent entity required to file a country-by-country report and provide a notification by regulation 3a or, where that ultimate parent entity is a partnership, the partner of the ultimate parent entity who is required to deliver a return under section 12aa of tma 1970; b a united kingdom entity required to file a cbc report by regulation 3b; c a united kingdom entity required to provide a notification by regulation 3c; and d a constituent entity which has filed a country-by-country report in accordance with regulation 3d. . amendment of regulation 12 (penalties for failure to comply with regulations) 11 in regulation 12 for "regulation 3(3), regulation 3(4), or regulation 11, substitute "regulations 3a(1), 3a(2), 3b(3), 3b(4), 3c(3) or 11. amendment of regulation 16 (assessment of penalties) 12 in regulation 16(3)(a) for "regulation 3(3) or 3(4) substitute "regulations 3a(1), 3a(2), 3b(3), 3b(4) or 3c(3)". david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 29th march 2017

citation 1 these regulations may be cited as the digital economy act 2017 (commencement no. 3) regulations 2017. provisions coming into force on 28th december 2017 2 the following provisions of the digital economy act 2017 come into force on 28th december 2017 - a section 4 (the electronic communications code) in so far as not already in force; b schedule 1 (the electronic communications code), in so far as not already in force; c schedule 2 (the electronic communications code: transitional provision); d schedule 3 (electronic communications code: consequential amendments), in so far as not already in force. matthew hancock minister of state department for digital, culture, media and sport 14th december 2017

citation and interpretation 1 these regulations may be cited as the housing and planning act 2016 (commencement no. 6) regulations 2017. provisions coming into force on 3rd november 2017 2 the following provisions of the housing and planning act 2016 come into force on 3rd november 2017 - a section 14(3) and (4) ("banning order" and "banning order offence") for the purpose only of making regulations to specify the description of an offence that is a banning order offence; b section 23(8) (financial penalty for breach of banning order); c section 33 (information to be included in the database); d paragraph 5(3) of schedule 3 and section 26 (management orders following banning orders), so far as it relates to that paragraph; e paragraph 9 of schedule 3 and section 26 (management orders following banning orders), so far as it relates to that paragraph. signed by authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 1st november 2017

citation, commencement and transitional provision 1 1 these regulations may be cited as the housing benefit and universal credit (size criteria) (miscellaneous amendments) regulations 2017 and come into force on 1st april 2017. 2 where an amendment made by regulation 6 applies in respect of an existing award of universal credit, that amendment has effect for the purposes of that award - a on 1st april 2017, if there is an assessment period for the award that begins on that day; or b if sub-paragraph (a) does not apply, on the first day of the next assessment period for the award beginning after that day. 3 in this regulation - "assessment period" has the meaning given by section 7(2) of the welfare reform act 2012; "existing award of universal credit" means an award of universal credit that exists on 1st april 2017. amendments to the rent officers (housing benefit functions) order 1997 2 1 schedule 2 (size criteria) to the rent officers (housing benefit functions) order 1997 is amended as follows. 2 in paragraph 1 - a before sub-paragraph (a) insert - za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; b in sub-paragraph (a) omit "(within the meaning of part vii of the social security contributions and benefits act 1992)"; c in the full-out words at the end - i after "a child who cannot share a bedroom" insert "or a member of a couple who cannot share a bedroom"; ii after "the child" insert "or the member of the couple". 3 in paragraph 1a, for sub-paragraph (a) substitute - a one or more of the following persons is stated as being a person who requires overnight care - i the tenant; ii the tenant's partner; iii a person (other than the tenant or the tenant's partner) who occupies the dwelling as their home; iv a child or young person in respect of whom the tenant or the tenant's partner is a qualifying parent or carer; or . 4 in paragraph 3 - a after "child who cannot share a bedroom" insert ", "couple", "member of a couple who cannot share a bedroom"; b at the end insert "and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those regulations". amendments to the rent officers (housing benefit functions) (scotland) order 1997 3 1 schedule 2 (size criteria) to the rent officers (housing benefit functions) (scotland) order 1997 is amended as follows. 2 in paragraph 1 - a before sub-paragraph (a) insert - za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; b in sub-paragraph (a) omit "(within the meaning of part vii of the social security contributions and benefits act 1992)"; c in the full-out words at the end - i after "a child who cannot share a bedroom" insert "or a member of a couple who cannot share a bedroom"; ii after "the child" insert "or the member of the couple". 3 in paragraph 1a, for sub-paragraph (a) substitute - a one or more of the following persons is stated as being a person who requires overnight care - i the tenant; ii the tenant's partner; iii a person (other than the tenant or the tenant's partner) who occupies the dwelling as their home; iv a child or young person in respect of whom the tenant or the tenant's partner is a qualifying parent or carer; or . 4 in paragraph 3 - a after "child who cannot share a bedroom" insert ", "couple", "member of a couple who cannot share a bedroom"; b at the end insert "and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those regulations". amendments to the housing benefit regulations 2006 4 1 the housing benefit regulations 2006 are amended as follows. 2 in regulation 2 (interpretation) - a after the definition of "maximum rent (lha)" insert - "member of a couple who cannot share a bedroom" means a member of a couple - who is in receipt of - attendance allowance at the higher rate in accordance with section 65(3) of the act; the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the act; the daily living component of personal independence payment in accordance with section 78 of the 2012 act; or armed forces independence payment; and whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple; ; b in the definition of "person who requires overnight care" in paragraph (a)(iii) after "provided" insert "or, where p is a child, the claimant has provided"; c after paragraph (5) insert - 6 for the purpose of these regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom. . 3 in regulation b13 (determination of a maximum rent (social sector)) - a in paragraph (5) - i before sub-paragraph (a) insert - za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; ii in sub-paragraph (a) omit "(within the meaning of part 7 of the act)"; b in paragraph (6), for sub-paragraph (a) substitute - a one or more relevant persons in paragraph (9)(a), (b) or (e) is a person who requires overnight care; ab one or more relevant persons in paragraph (9)(c) or (d) is a person who requires overnight care; or ; c in paragraph (7), in sub-paragraph (b), for "a sub-paragraph of paragraph (6)" substitute "paragraph (6)(b)"; d in paragraph (9), after sub-paragraph (d) insert - e for the purposes of paragraph (6)(a) - i a person (other than the claimant, the claimant's partner, p or p's partner) who occupies the claimant's dwelling as their home; ii a child or young person in respect of whom a relevant person under sub-paragraphs (a) to (e)(i) is a qualifying parent or carer. . 4 in regulation 13d (determination of a maximum rent (lha)) - a in paragraph (3) - i before sub-paragraph (a) insert - za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; ii in sub-paragraph (a) omit "(within the meaning of part 7 of the act)"; iii in the full-out words at the end - aa after "a child who cannot share a bedroom" insert "or a member of a couple who cannot share a bedroom"; bb after "the child" insert "or the member of the couple". b in paragraph (3a), for sub-paragraph (a) substitute - a one or more of the following persons is a person who requires overnight care - i the claimant; ii the claimant's partner; iii a person (other than the claimant or the claimant's partner) who occupies the claimant's dwelling as their home; iv a child or young person in respect of whom the claimant or the claimant's partner is a qualifying parent or carer; or . 5 in regulation 114a (information to be provided to rent officers), in paragraph (9)(ca), for "the claimant or the claimant's partner" substitute "any person mentioned in regulation 13d(3a)(a)". 6 in schedule 2 (excluded tenancies), in paragraph 2(3) - a for paragraph (f) substitute - f any person mentioned in paragraph 1a(a) of schedule 2 to the rent officers order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that schedule to that order, applicable in the claimant's case; ; b in paragraph (h) after "child who cannot share a bedroom" insert "or a member of a couple who cannot share a bedroom". amendments to the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 5 1 the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 are amended as follows. 2 in regulation 2 (interpretation) - a after the definition of "maximum rent (lha)" insert - "member of a couple who cannot share a bedroom" means a member of a couple - who is in receipt of - attendance allowance at the higher rate in accordance with section 65(3) of the act; the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the act; the daily living component of personal independence payment in accordance with section 78 of the 2012 act; or armed forces independence payment; and whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple; ; b in the definition of "person who requires overnight care" in paragraph (a)(iii) after "provided" insert "or, where p is a child, the claimant has provided"; c after paragraph (6) insert - 7 for the purpose of these regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom. . 3 in regulation 13d (determination of a maximum rent (lha)) - a in paragraph (3) - i before sub-paragraph (a) insert - za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; ii in sub-paragraph (a) omit "(within the meaning of part 7 of the act)"; iii in the full-out words at the end - aa after "a child who cannot share a bedroom" insert "or a member of a couple who cannot share a bedroom"; bb after "the child" insert "or the member of the couple". b in paragraph (3a), for sub-paragraph (a) substitute - a one or more of the following persons is a person who requires overnight care - i the claimant; ii the claimant's partner; iii a person (other than the claimant or the claimant's partner) who occupies the claimant's dwelling as their home; iv a child or young person in respect of whom the claimant or the claimant's partner is a qualifying parent or carer; or . 4 in regulation 95a (information to be provided to rent officers), in paragraph (9)(ba), for "the claimant or the claimant's partner" substitute "any person mentioned in regulation 13d(3a)(a)". 5 in schedule 2 (excluded tenancies), in paragraph 2(3) - a for paragraph (e) substitute - e any person mentioned in paragraph 1a(a) of schedule 2 to the rent officers order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that schedule to that order, applicable in the claimant's case; ; b in paragraph (g) after "child who cannot share a bedroom" insert "or a member of a couple who cannot share a bedroom". amendments to the universal credit regulations 2013 6 in paragraph 12 (additional room) of schedule 4 (housing costs element for renters) to the universal credit regulations 2013 - a before sub-paragraph (1) insert - a1 a renter is entitled to an additional bedroom if one or more of the following persons satisfies the overnight care condition (see sub-paragraph (3)) - a the renter; b a person in the renter's extended benefit unit; c a child in respect of whom the renter satisfies the foster parent condition (see sub-paragraphs (4) and (5)). ; b in sub-paragraph (1) - i omit paragraph (a); ii in paragraph (b) omit "(see sub-paragraphs (4) and (5))"; iii in paragraph (c) after "sub-paragraph (6))" insert - ; d the disabled person condition (see sub-paragraph (6a)) ; c for sub-paragraph (2) substitute - 2 sub-paragraphs (a1) and (1) apply subject to sub-paragraphs (8) and (9). . d in sub-paragraph (3) - i for "a renter satisfies" substitute "a person satisfies"; ii in paragraph (b) for "care for the renter" substitute "care for the person"; e after sub-paragraph (6) insert - 6a a renter satisfies the disabled person condition if they would (but for the provisions of this paragraph) be expected to share a bedroom with a joint renter and - a the renter is in receipt of - i the care component of disability living allowance at the middle or highest rate; ii attendance allowance at the higher rate; iii the daily living component of personal independence payment; and b the renter is, by virtue of their disability, not reasonably able to share a bedroom with the joint renter. ; f omit sub-paragraph (7); g for sub-paragraph (9) substitute - 9 the renter is, or joint renters are, entitled to one additional bedroom for each of the following that apply - a one or more persons satisfy the overnight care condition; b the renter, or one or both of joint renters, satisfies the foster parent condition; c the renter, or one or both of joint renters, satisfies the disabled child condition; or d the renter, or one or both of joint renters, satisfies the disabled person condition. . signed by authority of the secretary of state for work and pensions caroline nokes parliamentary under secretary of state, department for work and pensions 27th february 2017

citation, commencement and extent 1 1 these regulations may be cited as the common agricultural policy (control and enforcement, cross-compliance, scrutiny of transactions and appeals) (amendment) (england) regulations 2017 and come into force on 13th may 2017. 2 they extend to england and wales only. amendment of the common agricultural policy (control and enforcement, cross-compliance, scrutiny of transactions and appeals) regulations 2014 2 in regulation 5(1) of the common agricultural policy (control and enforcement, cross-compliance, scrutiny of transactions and appeals) regulations 2014 (applications) , after sub-paragraph (a) insert - aa if the relevant claim year is 2017 and the document being submitted is a payment claim relating to a commitment which takes effect from 1st january 2017 (inclusive of that date), 15th june, andrea leadsom secretary of state department for environment, food and rural affairs 12th may 2017

citation and commencement 1 these regulations may be cited as the employment and support allowance (exempt work & hardship amounts) (amendment) regulations 2017 and come into force on 3rd april 2017. part 1 exempt work amendments amendment of the social security (incapacity for work) (general) regulations 1995 2 in regulation 17 of the social security (incapacity for work) (general) regulations 1995 - a in paragraph (4), omit the words from ", and which - " to the end; b in paragraph (8), omit the definitions of "relevant benefit" and "specified work"; c omit paragraph (9). amendment of the employment and support allowance regulations 2008 3 in regulation 45 of the employment and support allowance regulations 2008 (exempt work) - a in paragraph (4), omit the words from ", and which - " to the end; b omit paragraph (4a); c in paragraph (10), omit the definitions of "relevant benefit" and "specified work". amendment of the employment and support allowance regulations 2013 4 in regulation 39 of the employment and support allowance regulations 2013 (exempt work) - a in paragraph (1)(c), omit the words from ", and which is done" to the end; b in paragraph (6), omit the definitions of "relevant benefit" and "work period"; c omit paragraph (7). part 2 hardship amounts amendment of the employment and support allowance regulations 2008 5 in regulation 64d of the employment and support allowance regulations 2008 (the amount of a hardship payment) for paragraph (1) substitute - 1 a hardship payment is either - a 80% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of part 1 of schedule 4 where - i the claimant has an award of employment and support allowance which does not include entitlement to a work-related activity component under section 4(2)(b) of the welfare reform act 2007 as in force immediately before 3rd april 2017; and ii the claimant or any other member of their family is either pregnant or seriously ill; or b 60% of the prescribed amount for a single claimant as set out in paragraph (1)(a) of part 1 of schedule 4 in any other case. . signed by authority of the secretary of state for work and pensions penny mordaunt minister of state, department for work and pensions 23rd february 2017

part 1 introduction citation and commencement 1 these regulations may be cited as the water abstraction and impounding (exemptions) regulations 2017 and come into force on 1st january 2018. interpretation 2 1 in these regulations - "the 1991 act" means the water resources act 1991; "the 2010 regulations" means the conservation of habitats and species regulations 2010 ; "conservation site" means - a site appearing on the list provided to the european commission pursuant to regulation 10(5) of the 2010 regulations ; a special area of conservation within the meaning of regulation 11 of the 2010 regulations; a special protection area or proposed special protection area within the meaning of regulations 12a and 12b, respectively, of the 2010 regulations; a site of special scientific interest confirmed by the natural resources body for wales or natural england pursuant to section 28(5)(b) of the wildlife and countryside act 1981 ; in so far as not falling under sub-paragraph (d), a wetland designated under the ramsar convention, within the meaning of section 37a of the wildlife and countryside act 1981 ; an area designated by order by the natural resources body for wales or natural england under section 7 of the national parks and access to the countryside act 1949 ; a nature reserve established by a local authority under section 21 of the national parks and access to the countryside act 1949 ; "managed wetland system" means - an area of land that is periodically inundated or saturated by abstracted water in order to provide ecological benefits to flora and fauna, or an area of land through which abstracted water flows, through a system of channels, sluices, carriers or other apparatus in order to provide ecological benefits to flora and fauna; "normal tidal limit" means the normal tidal limit as marked on the ordnance maps (1:25,000 scale); "protected species" means - a european protected species within the meaning of regulation 40(1) of, and schedule 2 to, the 2010 regulations; a species designated under section 9 of, and schedule 5 to, the wildlife and countryside act 1981 ; a species included in a list published by the secretary of state under section 41 of the natural environment and rural communities act 2006 or by the welsh ministers under section 7 of the environment (wales) act 2016 . 2 in these regulations, references to alteration, in relation to impounding works, include the removal or partial removal of those works and cognate expressions are construed accordingly. part 2 exemptions from restriction on abstraction navigation, harbour and conservancy authorities and dry docks 3 1 the restriction on abstraction does not apply to any abstraction of water that is carried out by, or on behalf of, a navigation authority, harbour authority or conservancy authority if - a the purpose of the abstraction is a transfer, without intervening use, of water from any inland waters downstream of the normal tidal limit to that authority's water system, and b the water is abstracted at any time other than in the hour before or in the hour after low tide at the point of abstraction. 2 the restriction on abstraction does not apply to any abstraction of water that is carried out if it is for the purpose of a transfer of water, without intervening use - a into a dry dock from a water system of the authority for use within that dry dock, or b from that dry dock back into the same water system. 3 in this regulation, "water system" has the meaning given by sections 26(4)(a) and (5) of the 1991 act . emergency abstractions by navigation, harbour and conservancy authorities 4 1 the restriction on abstraction does not apply to any abstraction of water that is carried out by, or on behalf of, a navigation authority, harbour authority or conservancy authority in connection with its functions as such an authority if - a the purpose of the abstraction is a transfer of water without intervening use, b the abstraction is an emergency abstraction as defined in paragraph (2), and c the authority gives notice in accordance with paragraphs (3) and (4) (but see paragraph (5)). 2 an abstraction of water is an emergency abstraction if, in the opinion of the authority, an emergency has arisen which makes the abstraction necessary to prevent immediate danger of interference with any operations relating to that authority or, in relation to such operations, to prevent an immediate risk of - a death, personal injury, or harm to health of a human being, b damage to property, or c damage to the environment. 3 the authority referred to in paragraph (2) must give notice to the appropriate agency of - a the fact that the abstraction has taken place and of the source of supply in question, and b the reason that the authority considered that - i an emergency had arisen, and ii the abstraction was a necessary measure to prevent an immediate danger or risk identified in paragraph (2). 4 notice under paragraph (3) must be given before the end of the period of five days beginning with the date on which the abstraction started. 5 on receipt of a notice under paragraph (3), the appropriate agency may give notice to the authority that - a in the appropriate agency's opinion an emergency has not arisen, or b that the abstraction is not, or is no longer, necessary for any of the reasons set out in paragraph (2). 6 if the appropriate agency gives notice under paragraph (5), the restriction on abstraction applies to the abstraction from the time when the notice is served (and, where appropriate, the restriction imposed by section 24(2) of the 1991 act also applies accordingly). small scale dewatering in the course of building or engineering works 5 1 the restriction on abstraction does not apply to an abstraction or series of abstractions of water carried out in the course of building or engineering works for the purpose of dewatering from a sump or excavation if - a the abstraction or series of abstractions are temporary and in any event carried out over a period of less than six consecutive months beginning with commencement of the first abstraction, b each abstraction does not cause or is not likely to cause damage to a conservation site or specific features in such a site, c each abstraction does not cause or is not likely to cause damage to protected species, and d either - i the water abstracted is immediately discharged to a soakaway, or ii the volume of water abstracted is less than 100 cubic metres of water per day and there is no intervening use of that water before discharge (but see paragraph (2)). 2 where the abstraction is undertaken within 500 metres of a conservation site or within 250 metres of a spring, well or borehole used to supply water for any lawful use, paragraph (1)(d)(ii) applies in respect of that abstraction as if the reference to 100 cubic metres of water per day were a reference to 50 cubic metres of water per day. surface water abstraction in the course of building or engineering works 6 the restriction on abstraction does not apply to any abstraction or series of abstractions of surface water in order to prevent interference with building or engineering works, if the following conditions are met - a the abstraction or series of abstractions are temporary and in any event carried out over a period of less than six consecutive months beginning with the commencement of the first abstraction; b each abstraction does not cause or is not likely to cause damage to a conservation site or specific features in such a site; c each abstraction does not cause or is not likely to cause damage to protected species; d the water abstracted is immediately discharged downstream of the building or engineering works. abstraction in the course of dredging 7 1 the restriction on abstraction does not apply to any abstraction of water in the course of dredging - a in inland waters downstream of the normal tidal limit, or b in inland waters upstream of the normal tidal limit, if that dredging is carried out by, or on behalf of, any authority in the exercise of its functions in those inland waters. 2 in paragraph (1) (b), "authority" means the environment agency, the natural resources body for wales, a navigation authority, a harbour authority, a conservancy authority, an internal drainage board or a local authority. abstraction within a managed wetland system 8 the restriction on abstraction does not apply to any abstraction of water within a managed wetland system if the abstraction is for the sole purpose of the management, operation or maintenance of water levels or flows in that managed wetland system. abstraction from specified saliferous strata 9 1 the restriction on abstraction and the restrictions imposed by section 24(2) of the 1991 act do not apply to the abstraction of water from the saliferous strata underlying the surface of the land in the areas listed in the schedule to these regulations . 2 in paragraph (1) , "saliferous strata" means strata which (whether in their natural state or when water is artificially introduced) yield an aqueous solution with a salt content of more than 100,000 milligrams per litre. part 3 exemptions from restriction on impounding works construction or alteration of impounding works in emergencies 10 1 the restriction on impounding works does not apply to the construction or alteration of impounding works carried out in an emergency where the works are undertaken - a by the appropriate agency pursuant to its powers as enforcement authority under section 16 of the reservoirs act 1975 ; b by, or on behalf of, a navigation authority, a harbour authority or a conservancy authority in connection with its functions, or by any other person, with the prior written consent of the appropriate agency given in accordance with paragraph (2) (but see paragraphs (3) to (5)). 2 the appropriate agency may not give consent under paragraph (1)(b) unless it is satisfied that the works are necessary to prevent an immediate risk of - a death, personal injury or harm to health of a human being, b damage to property, or c damage to the environment. 3 where an authority or person does not seek the appropriate agency's consent before carrying out impounding works, the authority or person must give notice to the appropriate agency of - a the fact that the impounding works have been carried out, and b the reason that the authority or the person considered that - i an emergency had arisen, and ii the works were necessary to prevent an immediate risk identified in paragraph (2) . 4 notice under paragraph (3) must be given before the end of the period of five days beginning with the date on which the impounding works started. 5 on receipt of a notice under paragraph (3), the appropriate agency may either - a give written consent retrospectively for the impounding works carried out, or b give notice to the authority or person that - i in the appropriate agency's opinion an emergency has not arisen, or ii that the works are not, or are no longer, necessary to prevent an immediate risk identified in paragraph (2) . 6 if the appropriate agency gives notice under paragraph (5)(b) , the restriction on impounding works applies to the impounding works from the time when the notice is served. construction or alteration of impounding works by internal drainage boards 11 the restriction on impounding works does not apply to the construction or alteration of impounding works within the district of an internal drainage board if - a the works are constructed or altered by, or on behalf of, that board in connection with its functions, and b construction or alteration is commenced after the coming into force of these regulations. construction or alteration of impounding works in a managed wetland system 12 the restriction on impounding works does not apply to the construction or alteration of impounding works in a managed wetland system if - a the sole purpose of the works is the management, operation or maintenance of water levels or flows in that managed wetland system, and b construction or alteration is commenced after the coming into force of these regulations. part 4 miscellaneous existing licences for abstraction 13 a licence to abstract water granted under chapter 2 of part 2 of the 1991 act ceases to have effect to the extent that it authorises an activity falling within regulation 7 or 8 . transitional provision regarding managed wetland systems 14 1 paragraph (2) applies where - a a person has, in the seven years prior to the coming into force of these regulations, abstracted water from a managed wetland system for the sole purpose of the management, operation or maintenance of water levels or flows in that managed wetland system, and b written consent under regulation 99(2) of the 2010 regulations is required for that abstraction. 2 the person may continue that abstraction in paragraph (1) until - a the date an application for such consent to that abstraction is determined by the appropriate agency, or b if no such application is submitted, 31st december 2019. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 30th october 2017 lesley griffiths cabinet secretary for the environment and rural affairs, one of the welsh ministers 24th october 2017

citation and commencement 1 these regulations may be cited as the childcare payments (eligibility) (amendment) regulations 2017 and will come into force on 7th december 2017. amendment of the childcare payments (eligibility) regulations 2015 2 the childcare payments (eligibility) regulations 2015 are amended as follows. 3 in regulation 9 (the requirement to be in qualifying paid work) - a in paragraph (1) for "hold" substitute "holds", b in paragraph (1)(b)(ii) omit "four times", c at the end of paragraph (1)(b)(ii) insert - ; or c the person is in paid work as an employed person and as a self-employed person and the person's expected income from the work in the period specified in paragraph (4) is greater than or equal to the relevant threshold. , d in paragraph (1a) for "regulation 9(1) will" substitute "paragraph (1) does", e in paragraphs (2)(a)(ii) and (2)(b)(ii) for "14" substitute "31", and f in paragraph (5a) omit "previous". 4 in regulation 10 (calculation of expected income) omit paragraph (5) . 5 in regulation 11 (self-employed persons: start-up periods) - a in paragraphs (1) and (4) after "regulation 9(1)(b)" insert "or (c)", and b in paragraph (3) for "4 calendar years" substitute "at least 48 months". 6 in regulation 12 (qualifying paid work: time off in connection with sickness or parenting) - a in paragraph (1)(f) omit "ordinary or additional", b in paragraph (1)(g) for "an ordinary" substitute "a", c omit paragraph (1)(h) , and d in paragraph (4) for "14" substitute "31". 7 in regulation 13 (qualifying paid work: caring, incapacity for work or limited capability for work) at paragraph (1)(b)(v) substitute - v contributory employment and support allowance under section 1 of the welfare reform act 2007 or section 1 of the welfare reform act (northern ireland) 2007 ; or . david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 15th november 2017

citation and commencement 1 this order may be cited as the combined authorities (mayors) (filling of vacancies) order 2017 and shall come into force on the day after the day on which it is made. interpretation 2 in this order - "the 2009 act " means the local democracy, economic development and construction act 2009; "combined authority" means a combined authority established under section 103(1) of the 2009 act ; "combined authority returning officer" has the same meaning as in article 2 of the combined authorities (mayoral elections) order 2017 ; "election petition" means a petition presented in pursuance of part 3 of the representation of the people act 1983 ; "local government elector" means a person registered as a local government elector in the register of electors in accordance with section 2 of the representation of the people act 1983 ; and "proper officer" has the meaning given by section 270(3) of the local government act 1972 . filling of vacancies in the office of elected mayor 3 1 this order applies where a vacancy in the office of elected mayor of a combined authority occurs before expiry of the mayor's term of office due to - a the death or resignation of the mayor; b the mayor's election being declared void; or c the office being declared vacant. 2 where the vacancy occurs at least six months before the expiry of the mayor's term of office, it shall be filled at a by-election to be held on the day determined in accordance with article 6. 3 otherwise, it shall be filled at the election to be held on the day determined by reference to paragraph 2 of schedule 5b to the 2009 act. date on which vacancy occurs 4 for the purposes of this order, a vacancy is to be taken to have occurred on - a in the case of resignation, the date of the receipt of the notice of resignation by the person to whom the notice is required to be delivered ; b in the case of death, the date of death; c in the case of the mayor's election being declared void on the determination of an election petition, the date of - i the expiry of the ordinary period allowed for making an application with respect to the report or certificate of the election court, or ii if an application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted; d the date on which the mayor's office is declared to have been vacated by the combined authority , in any of the following circumstances - i the mayor ceasing to be qualified to be a member of the combined authority; ii the mayor ceasing to be a member of the combined authority by reason of failure to attend meetings( ); or iii the mayor becoming disqualified for any other reason; e where the mayor's office is declared to have been vacated by the high court in proceedings for disqualification , the date of - i the expiry of the ordinary period allowed for making an appeal or application with respect to the decision of the high court, or ii if an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted. notice of a vacancy 5 the combined authority in which the office of mayor exists must give public notice of a vacancy and must take steps to give public notice in accordance with section 232 (public notices) of the local government act 1972 as follows - a in a case where the combined authority declares the office to be vacant, immediately after the declaration; b in any other case, as soon as practicable after the date on which, by virtue of article 4, the vacancy is treated as occurring. filling of vacancies: by-elections 6 1 subject to paragraph (2), an election to fill a vacancy referred to in article 3(1) shall be held - a in a case in which the vacancy arises because of the mayor's election being declared void or the mayor's office is declared to have been vacated, before the end of the period of 35 days beginning with the day on which the vacancy is be taken to have occurred (as determined in accordance with article 4); b in any other case, before the end of the period of 35 days beginning with the day on which notice in writing of the vacancy has been given to the proper officer of the combined authority by two local government electors for the area. 2 the day of election under paragraph (1) shall be fixed by the combined authority returning officer; and in computing a period for the purposes of that paragraph, the following shall be disregarded - a a saturday or sunday; b christmas eve, christmas day, good friday or a day which is a bank holiday under section 1 of, and schedule 1 to, the banking and financial dealings act 1971 in england; and c any day appointed as a day of public thanksgiving or mourning. 3 where, between the giving of notice of the poll and the completion of the poll, a day is declared to be a bank holiday or a day of public thanksgiving or mourning, paragraph (2) shall not operate to invalidate any act which would have been valid apart from that paragraph. term of office of person filling vacancy 7 a person (p) elected at a by-election to fill a vacancy shall hold the office of elected mayor until the date on which the person in whose place p is elected would regularly have retired, and p shall then retire. signed by authority of the secretary of state for communities and local government marcus jones parliamentary under secretary of state department for communities and local government 27th january 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the environmental impact assessment (agriculture) (england) (no. 2) (amendment) regulations 2017 and come into force on 16th may 2017. 2 in these regulations, "the 2006 regulations " means the environmental impact assessment (agriculture) (england) (no. 2) regulations 2006 . amendments to the 2006 regulations 2 the 2006 regulations are amended in accordance with regulations 3 to 18 . amendments to regulation 2 3 1 regulation 2 (interpretation) is amended as follows. 2 in paragraph (1) move the definition of "agriculture" to the appropriate place in the alphabetical order. 3 in paragraph (1) in the definition of "consent" for "16(1)" substitute "16(2)". 4 in paragraph (1) in the definition of "consultation bodies" - a in paragraph (a) for "english heritage" substitute "historic england"; b in paragraph (c) after "project" insert "because of its specific environmental responsibilities or local or regional competences". 5 in paragraph (1) for the definition of "the eia directive" substitute - "the eia directive" means directive 2011/92/eu of the european parliament and of the council on the assessment of the effects of certain public and private projects on the environment , as amended by directive 2014/52/eu of the european parliament and of the council ; . 6 in paragraph (1) for the definition of "environmental statement" substitute - "environmental statement" has the meaning given by regulation 12(1); . 7 in paragraph (1) in the definition of "european site" for "10(1)" substitute "8(1)". 8 in paragraph (1) in the definition of "the habitats directive" for the words from "the act concerning" to the end substitute "as last amended by council directive 2013/17/eu ". 9 in paragraph (1) for the definition of "habitats regulations" substitute - "the habitats regulations" means the conservation of habitats and species regulations 2010 ; . 10 in paragraph (1) at the appropriate places in the alphabetical order insert - "the wild birds directive" means directive 2009/147/ec of the european parliament and of the council on the conservation of wild birds , as amended by council directive 2013/17/eu ; ; "environmental impact assessment", in respect of a project, means the process comprising - the preparation of an environmental statement by the applicant; the carrying out of consultations in accordance with regulations 12(5), 13 and 14; natural england's consideration of the environmental statement and other information in accordance with regulation 15a(1); natural england reaching a conclusion about the likely significant effects of the significant project in accordance with regulation 15a(2); and natural england's consideration of that conclusion, and the reasons for it, in the decision whether or not to grant consent in accordance with regulation 16; ; " eu environmental assessment" means an assessment carried out - under an obligation to which section 2(1) of the european communities act 1972 applies (other than the eia directive), or under the law of any part of the united kingdom implementing an eu obligation other than an obligation arising under the eia directive, of the effect of anything on the environment; ; " uk environmental assessment" means an assessment carried out in accordance with an obligation under the law of any part of the united kingdom of the effect of anything on the environment. . 11 after paragraph (5) insert - 6 in these regulations, any reference to the likely significant effects, or the likely significant adverse effects, of - a a restructuring project on the environment includes a reference to the effects of the restructuring project on the environment once the restructuring is completed and in operation; b an uncultivated land project on the environment includes a reference to the effects of the uncultivated land project on the environment once any construction, installation or other intervention is finished and in operation. 7 in paragraph (6) each reference to the environment includes a reference to the matters referred to in regulation 15a(2)(a) to (e) . amendments to regulation 3 4 1 regulation 3 (application of regulations) is amended as follows. 2 in paragraph (1) for "or (3)" substitute "or regulation 3a or 3b". 3 at the end of paragraph (2)(d) insert "or". 4 at the end of paragraph (2)(e) omit "or". 5 omit paragraphs (2)(f) and (3) to (5). new regulations 3a to 3c 5 after regulation 3 insert - national defence and civil emergencies 3a 1 the secretary of state may direct that a restructuring project or an uncultivated land project or a part of such a project is exempt if - a the project has national defence as its sole purpose, and b the secretary of state considers that an environmental impact assessment in respect of the project or the part of the project would have an adverse effect on the fulfilment of that purpose. 2 the secretary of state may direct that a restructuring project or an uncultivated land project is exempt if - a the project has the response to a civil emergency as its sole purpose, and b the secretary of state considers that an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose. 3 the effect of a direction that a restructuring project or an uncultivated land project is exempt under paragraph (1) or (2) is that these regulations, except for paragraph (5), do not apply in respect of the project. 4 the effect of a direction under paragraph (1) that a part of a restructuring project or an uncultivated land project is exempt is that the project is to be treated under these regulations as not including the part which is the subject of the direction. 5 after the secretary of state gives a direction under paragraph (1) or (2), the secretary of state must as soon as practicable serve notice of the direction on the applicant and natural england. exceptional circumstances 3b 1 the secretary of state may direct that a restructuring project or an uncultivated land project is exempt if the secretary of state is satisfied that - a it is appropriate to do so by reason of exceptional circumstances, b an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of the purpose of the project, c the objectives of the eia directive will be met even though such an assessment is not carried out, and d the project is unlikely to have significant effects on the environment in another eea state. 2 the effect of a direction that a restructuring project or an uncultivated land project is exempt under paragraph (1) is that these regulations, except for paragraphs (3) and (4), do not apply in respect of the project. 3 the secretary of state must not give a direction under paragraph (1) that a restructuring project or an uncultivated land project is exempt unless the secretary of state has considered whether another form of assessment is appropriate. 4 after the secretary of state gives a direction under paragraph (1), the secretary of state must as soon as practicable make available to the public concerned - a the direction including an explanation of the reasons for it, and b the information obtained under any other assessment considered appropriate in accordance with paragraph (3). coordination of environmental assessments 3c where, in respect of a significant project, there is a requirement to carry out an environmental impact assessment and a requirement to carry out an assessment under regulation 21 or 61 of the habitats regulations, natural england must, where appropriate, ensure that the environmental impact assessment and the other assessment, or assessments, are coordinated. . amendments to regulation 7 6 1 regulation 7 (application for a screening decision) is amended as follows. 2 in paragraph (1) - a for sub-paragraph (b) substitute - b contain - i a description of the project, including in particular a description - aa of the physical characteristics of the whole project and, where relevant, of demolition works, and bb of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected, ii a description of the aspects of the environment likely to be significantly affected by the project, iii a description of any likely significant effects, to the extent that the information is available on such effects, of the project on the environment resulting from - aa the expected residues and emissions and the production of waste, where relevant, and bb the use of natural resources, in particular soil, land, water and biodiversity, iv if the applicant elects to provide it, a description of any features of the project or measures to avoid or prevent any likely significant adverse effects on the environment. ; b omit sub-paragraphs (c) and (d). 3 after paragraph (1) insert - 1a when compiling information under paragraph (1)(b), the applicant must take into account - a any criteria in schedule 2 which are relevant to the project, and b the results of any relevant eu environmental assessment which are reasonably available to the applicant. . amendment to regulation 8 7 1 regulation 8 (the screening decision) is amended as follows. 2 after paragraph (1) insert - 1a natural england must take into account the results of any relevant eu environmental assessment which are reasonably available to it. . 3 for paragraph (4)(a) substitute - a notify the applicant of - i the decision and the main reasons for it with reference to the criteria in schedule 2; ii where the decision is that the project is not likely to have significant effects on the environment, a description of any measure provided by the applicant under regulation 7(1)(b)(iv); . 4 in paragraph (4)(b) for "it" substitute "the information referred to in sub-paragraph (a)". 5 in paragraph (4)(c) for "of it" substitute "of the information referred to in sub-paragraph (a)". 6 for paragraph (5) substitute - 5 natural england must make, and issue notice to the applicant of, a screening decision before the end of the period of 35 days beginning with - a the date referred to in regulation 7(3), or b where applicable, the date natural england receives any additional information it has requested under regulation 7(2). 5a natural england may, where it considers there are exceptional circumstances (including relating to the nature, complexity, location or size of the project), extend the period mentioned in paragraph (5) by informing the applicant in writing of - a the new period within which it will make the screening decision and notify the applicant of it, and b the reasons for the extension. . amendment to regulation 10 8 1 regulation 10 (scoping opinions) is amended as follows. 2 in paragraph (1) for "what information" substitute "the scope and level of detail of information which". 3 after paragraph (1) insert - 1a the request must include - a a plan sufficient to identify the land, b a brief description of the nature and purpose of the significant project (including its location and technical capacity), c an explanation of the likely significant effects of the significant project on the environment, and d any other information or representations which the applicant wishes to provide or make. . amendments to regulation 12 9 1 regulation 12 (the consent application) is amended as follows. 2 for paragraph (1) substitute - 1 an application for consent must be made to natural england and include a written statement (an "environmental statement") which is prepared by a competent person and - a includes - i the information specified in paragraph (1a), and ii any additional information which, taking into account current knowledge and methods of assessment, may reasonably be required by natural england to reach a conclusion about the likely significant environmental effects of the project, b is based on any opinion given under regulation 10 in respect of the significant project, c takes into account the results of any relevant uk environmental assessment which are reasonably available to the applicant, and d states the relevant expertise and qualifications of the competent person. 1a the specified information is - a a description of the significant project comprising information on its site, design, size and other relevant features, b a description of the likely significant effects of the significant project on the environment, c a description of any features of the significant project or measures to avoid, prevent, reduce or offset likely significant adverse effects of the significant project on the environment, d a description of the reasonable alternatives studied by the applicant, which are relevant to the significant project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the significant project on the environment, e a non-technical summary of the information referred to in sub-paragraphs (a) to (d), and f any additional information specified in schedule 3 relevant to the specific characteristics of the significant project and to the environmental features likely to be affected. . 3 for paragraph (5)(d) substitute - d stating that, if consent is granted, it will be subject to the conditions referred to in regulation 18; . new regulation 15a 10 after regulation 15 insert - conclusion about environmental impact 15a 1 natural england must consider (ensuring that in doing so it has, or has access to, any expertise it considers necessary) - a the environmental statement, b any additional environmental information, c any representations or opinions it receives under - i regulation 12(4)(b) and (5)(c), ii regulation 13(2)(b) and (3)(d), and iii regulation 14(5)(b), and d any features of the significant project or measures to avoid, prevent, reduce or offset any likely significant adverse effects of the significant project on the environment. 2 following that consideration, natural england must reach a conclusion about the likely significant effects (including the expected effects deriving from the vulnerability of the significant project to risks of major accidents or disasters) of the significant project on - a population and human health; b biodiversity, with particular attention to species and habitats protected under the habitats directive and the wild birds directive; c land, soil, water, air and climate; d material assets, cultural heritage and the landscape; e the interaction between the factors referred to in sub-paragraphs (a) to (d). . substitution of regulation 16 11 for regulation 16 (the consent decision) substitute - the consent decision 16 1 natural england must consider - a the conclusion reached under regulation 15a(2) in respect of the significant project and the reasons for that conclusion; b whether it is appropriate to require the applicant to monitor the significant adverse effects of the significant project on the environment, and if so - i whether consent should be given subject to conditions to ensure that the applicant is under such a duty, and ii whether consent should be given subject to conditions to require remedial action to be taken in circumstances described in the conditions; c whether, having regard to the likely significant environmental effects of the significant project, consent should be given subject to any other conditions; d any social or economic impacts which might result from a decision to refuse consent for the significant project. 2 following that consideration, natural england must grant, or refuse to grant, consent for a significant project. 3 natural england may make a decision under paragraph (2) only if satisfied that the conclusion reached under regulation 15a(2) in respect of the significant project and the reasons for it address the likely significant environmental effects of the significant project. 4 natural england must not make a decision under paragraph (2) before - a the expiry of the period in the notice under regulation 12(5)(c), b the expiry of the period of 28 days after - i the date on which any additional environmental information was sent to the consultation bodies, or ii the date notice of the additional environmental information was published under regulation 13(3), or c the expiry of any period agreed with another eea state under regulation 14(6)(b). 5 natural england must reach its decision under paragraph (2) within a reasonable period of time beginning with the date on which it is given all the information it is required to consider in accordance with regulation 15a(1) taking into account the nature and complexity of the application and significant project. . amendments to regulation 17 12 1 regulation 17 (additional requirements relating to the habitats regulations) is amended as follows. 2 in paragraph (1) - a for "39, 41 or 43" substitute "41, 43 or 45"; b for "44" substitute "53". 3 in paragraph (6) for "2(1)" substitute "3(1)". amendment to regulation 18 13 after paragraph (1) of regulation 18 (conditions of consent) insert - 1a natural england may grant a consent subject to a condition which ensures that the applicant is under a duty to monitor the significant adverse effects of the significant project on the environment only if satisfied that the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the significant project and the significance of its effect on the environment. . substitution of regulation 19 14 for regulation 19 (procedure following a consent decision) substitute - procedure following a consent decision 19 1 this regulation applies after natural england has decided to grant or not to grant consent in respect of a significant project. 2 natural england must promptly notify the applicant, any consultation bodies to whom copies of the consent application were sent under regulation 12(4)(a), any eea state consulted under regulation 14(6) and any authority or person who provided their opinion under regulation 14(5)(b) of - a its decision, b the reasons and considerations on which the decision is based, c where consent is granted, any conditions the consent is subject to under regulation 18, d any representations made by the public concerned in respect of the application, and e a summary of the results of the consultations and the information gathered pursuant to regulations 12 to 14 and how those results have been taken into account in the decision. 3 natural england must promptly inform the public of its decision by publishing a notice in a newspaper in the locality in which the relevant land is situated or by any other means it considers reasonable in the circumstances. 4 natural england must promptly make available for public inspection a statement containing - a the information notified in accordance with paragraph (2); and b information regarding the right to challenge the decision and the procedures for doing so. . amendment to regulation 31 15 after paragraph (3) of regulation 31 (appeals against notices) insert - 3a the secretary of state may extend the period of 28 days referred to in paragraph (3) by 14 days if the appellant and natural england agree. . new regulation 37a 16 before regulation 38 insert - review 37a 1 the secretary of state must, from time to time - a carry out a review of the regulatory provision contained in these regulations, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 16th may 2022. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(3) of the small business, enterprise and employment act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the eia directive is implemented in other member states. 5 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 6 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). . substitution of schedule 2 17 for schedule 2 (selection criteria for a screening notice or a screening decision) substitute the schedule 2 set out in schedule 1 to these regulations. substitution of schedule 3 18 for schedule 3 (information for inclusion in the environmental statements) substitute the schedule 3 set out in schedule 2 to these regulations. transitional provisions 19 these regulations do not apply in respect of - a a decision as to whether or not a restructuring project or an uncultivated land project is likely to have significant effects on the environment under regulation 8(1) of the 2006 regulations, in respect of an application for a screening decision under regulation 7(1) of those regulations made before 16th may 2017, b a significant project, where the applicant concerned asked for a scoping opinion under regulation 10(1) of the 2006 regulations before 16th may 2017, or c a significant project, where the applicant concerned applied for consent under regulation 12(1) of the 2006 regulations before 16th may 2017. george eustice minister of state department for environment, food and rural affairs 24th april 2017

citation and commencement 1 this order may be cited as the criminal justice (sentencing) (licence conditions) (amendment) order 2017 and comes into force on 13th november 2017. amendment to the criminal justice (sentencing) (licence conditions) order 2015 2 the criminal justice (sentencing) (licence conditions) order 2015 is amended as follows. a in article 4(2) (standard conditions: electronic monitoring) - i in paragraph (d) before "ensure" insert "if required,", ii in paragraph (e) before "the supervising officer" insert "any person nominated by", b after article 7(2)(i) (other types of licence conditions) insert - j restriction of specified conduct or specified acts. . sam gyimah parliamentary under secretary of state ministry of justice 9th october 2017

citation and commencement 1 these regulations may be cited as the universal credit (housing costs element for claimants aged 18 to 21) (amendment) regulations 2017 and come into force on 1st april 2017. entitlement to housing costs element 2 1 the universal credit regulations 2013 are amended as follows. 2 in regulation 6(1a) (rounding) - a for "regulations" substitute "provisions"; b after paragraph (b) insert - ; and c paragraph 4c of schedule 4 (persons to whom paragraph 4a does not apply - periods of work). . 3 in schedule 4 (housing costs element for renters) - a in paragraph 1(3) for "an exception" substitute "exceptions"; b in the heading of part 2 (exception to inclusion of housing costs element) for "exception" substitute "exceptions"; c in part 2, after paragraph 4 insert - no housing costs element for certain renters aged at least 18 but under 22 4a section 11(1) of the act does not apply to a renter who - a is at least 18 but under 22 years old; b falls within section 22 of the act (claimants subject to all work-related requirements); and c is a single person (or a member of a couple claiming as a single person). persons to whom paragraph 4a does not apply - general 4b 1 paragraph 4a does not apply where - a the renter is responsible for a child or a qualifying young person; b the renter satisfies paragraph 29(2), (5)(a) or (c), (6), (7), (8) or (9) (renters excepted from shared accommodation), whether or not the renter is a person to whom part 4 (private rented sector and temporary accommodation) applies; c the renter meets the occupation condition in respect of temporary accommodation (within the meaning of paragraph 21); d the renter is unable to live with their parents because - i the renter has no parent; or ii neither parent occupies accommodation as their home in great britain; e in the opinion of the secretary of state it is inappropriate for the renter to live with each of their parents, including (but not limited to) in circumstances where there would be a serious risk to the renter's physical or mental health, or the renter would suffer significant harm, if the renter lived with them; f the renter's expected number of hours per week determined under regulation 88 (expected hours) is fewer than 35; g regulation 99(3) or (4) (circumstances in which requirements must not be imposed) applies to the renter; or h domestic violence has been inflicted on or threatened against the renter by the renter's partner or former partner or by a family member. 2 in this paragraph, "domestic violence" and "family member" have the meanings given in regulation 98 (domestic violence). persons to whom paragraph 4a does not apply - periods of work 4c 1 paragraph 4a does not apply to a renter in an assessment period where the renter's earned income is equal to or exceeds the amount that a person would be paid at the hourly rate set out in - a unless paragraph (b) applies, regulation 4a(1)(b) of the national minimum wage regulations; or b where the renter was employed under a contract of apprenticeship on the last day of the assessment period, regulation 4a(1)(d) of the national minimum wage regulations, for 16 hours per week, converted to a net monthly amount by multiplying by 52 and dividing by 12. 2 paragraph 4a does not apply to a renter for a period of 6 consecutive months that begins on the most recent of the following days in respect of which the relevant condition in sub-paragraph (3) is met - a the first day of the renter's first assessment period; b the first day of an assessment period (which is not the renter's first assessment period) in which the renter's earned income is less than the threshold. 3 the relevant condition is - a in the case of sub-paragraph (2)(a), the renter's earned income was equal to or exceeded the threshold in each of the 6 calendar months ending before the calendar month in which the claim for universal credit was made; b in the case of sub-paragraph (2)(b) - i the renter's earned income was equal to or exceeded the threshold in each of the 6 assessment periods immediately preceding the day mentioned in sub-paragraph (2)(b); or ii where there are fewer than 6 assessment periods immediately preceding that day, the renter's earned income was equal to or exceeded the threshold in each of the 6 months comprised of: aa the assessment periods immediately preceding the day mentioned in sub-paragraph (2)(b); and ab the number of calendar months (ending before the calendar month in which the claim for universal credit was made) that are required to complete the 6 month period. 4 in this paragraph - "earned income" does not include income a person is treated as having by virtue of regulation 62 (minimum income floor); "threshold" is the amount that a person would be paid at the hourly rate set out in - unless paragraph (b) applies, regulation 4a(1)(b) of the national minimum wage regulations; where the renter was employed under a contract of apprenticeship for the duration of the 6 month period applicable under sub-paragraph (3), regulation 4a(1)(d) of the national minimum wage regulations, for 16 hours per week, converted to a net monthly amount by multiplying by 52 and dividing by 12. . saving for claimants not living in a digital service area 3 1 the amendments made by these regulations do not apply to an award of universal credit unless it is - a an award to which a person has become entitled by reference to residence in a digital service area (whether or not the person is still living in that area); b an award to which a person who is living in a digital service area is entitled (whether or not the person was living in that area at the time that person became entitled); c an award, not falling within sub-paragraph (a) or (b), to which a person who has lived in a digital service area at any time after it became a digital service area is entitled but only if that award has been administered on the digital service computer system; d an award not falling within sub-paragraphs (a) to (c) - i which is made to members of a couple jointly as a consequence of a previous award having ended when the couple formed; or ii which is made to a single claimant as a consequence of a previous award having ended when the claimant ceased to be a member of a couple, where that previous award was administered on the digital service computer system. 2 where the date on which these regulations first apply to an existing award of universal credit by virtue of paragraph (1)(b) is not the first day of an assessment period, they are not to have effect in relation to that award until the first day of the next assessment period. 3 in this regulation - "a digital service area" means - postcode districts sm5 2, sm6 7 and sm6 8; and an area in respect of which no restrictions have been imposed in order for the universal credit provisions to come into force on a claim for universal credit (apart from with respect to residence and the date on which, or period in respect of which, universal credit is claimed) by an order under section 150 of the welfare reform act 2012 or an area (apart from that referred to in (a)) in respect of which such restrictions have been, but are no longer, imposed; "the digital service computer system" is the computer system operated by the secretary of state in digital service areas; "universal credit provisions" means the provisions listed in schedule 2 to the welfare reform act 2012 (commencement no. 9 and transitional and transitory provisions and commencement no. 8 and savings and transitional provisions (amendment)) order 2013 . saving for claimants entitled to housing benefit or with an award that includes the housing costs element 4 1 these regulations do not apply to an award of universal credit if, immediately before the first day on which they would otherwise apply, the claimant was entitled to - a an award of universal credit that included the housing costs element; or b an award of housing benefit under section 130 of the social security contributions and benefits act 1992 . 2 paragraph (1) does not apply to an award with effect from the day after the day on which it ceases to include the housing costs element. 3 in this regulation, "housing costs element" has the meaning in regulation 25 of the universal credit regulations 2013 (the housing costs element). signed by authority of the secretary of state for work and pensions richard harrington parliamentary under secretary of state, department for work and pensions 2nd march 2017

citation and commencement 1 1 these regulations may be cited as the motor cars (driving instruction) (amendment) regulations 2017. 2 these regulations come into force on 23rd december 2017. amendments to the motor cars (driving instruction) regulations 2005 2 1 the motor car (driving instruction) regulations 2005 are amended as follows. 2 in regulation 2(1) (interpretation), in the definition of "licence" for "regulation 12" substitute "regulations 4, 7 and 12". 3 in regulation 7 (instructional ability and fitness test) - a in paragraph (1), for "an examiner as if" to the end substitute "a pupil, and which is carried out on a road in a motor vehicle in which the examiner is present."; b omit paragraph (2); c for paragraph (3), substitute - 3 in assessing the candidate's knowledge and ability, the examiner shall have regard to the candidate's - a method, clarity, adequacy and correctness of instruction; b observation and proper correction of the pupil's errors; c manner, patience and tact in dealing with the pupil; and d ability to inspire confidence. ; and d after paragraph (3), insert - 4 in this regulation - "pupil" means a person who is undergoing instruction and is the holder of - a provisional licence to drive a motor car granted under part 3 of the act; a current licence to drive a motor car (not being a provisional licence) granted under part 3 of the act; a current licence to drive a motor car granted under the law in force in northern ireland and corresponding to either a full or provisional driving licence; or a community licence authorising the holder to drive a motor car in great britain; but does not include an approved driving instructor, or any person who is training to become an approved driving instructor and who has passed a driving ability and fitness test; and "candidate" means the person undergoing the instructional ability and fitness test. . 4 in regulation 8 (motor car to be provided for practical part of examination) - a in paragraph (5) - i in sub-paragraph (a), for "the examiner" substitute "a pupil"; ii in sub-paragraph (b), after "driver's seat" insert "and front passenger seat"; iii after sub-paragraph (b), insert - ba have fitted to the rear seat of the vehicle a seat belt; ; iv in sub-paragraph (d), for "that meets the conditions set out in paragraph (6)" substitute "which complies with the requirements of part vi of the act"; and v in the words after sub-paragraph (d), for "examiner is playing the role referred to in regulation 7(1)(a) or (b)" substitute "pupil is a holder of a provisional licence"; and b omit paragraph (6). 5 in regulation 12(12) (nature of test and provision of a motor car), in the definition of "pupil", for sub-paragraph (d), substitute - d a community licence authorising the holder to drive a motor car in great britain; but does not include an approved driving instructor, or any person who is training to become an approved driving instructor and who has passed a driving ability and fitness test; and . 6 in schedule 1, paragraph 10 (requirements for test of driving technique) - i after "perform", insert "at least two of"; and ii in sub-paragraph (a), omit "and reverse right or left round a corner while keeping within the correct traffic lane". signed by authority of the secretary of state for transport jesse norman parliamentary under secretary of state department for transport 27th november 2017

citation and commencement 1 these regulations may be cited as the social security (personal independence payment) (amendment) regulations 2017 and come into force on 16th march 2017. amendment of the social security (personal independence payment) regulations 2013 2 1 schedule 1 (personal independence payment assessment) to the social security (personal independence payment) regulations 2013 is amended as follows. 2 in paragraph 1 of part 1 (interpretation) - a in the defined term "manage medication or therapy", omit "or therapy"; b in the definition of that term, omit "or undertake therapy"; c after that definition insert - "manage therapy" means undertake therapy, where a failure to do so is likely to result in a deterioration in c's health; ; d in the defined term "monitor health", for "monitor health" substitute "monitor a health condition"; e in the definition of "therapy", after paragraph (b) insert (as full-out words) - but does not include taking or applying, or otherwise receiving or administering, medication (whether orally, topically or by any other means), or any action which, in c's case, falls within the definition of "monitor a health condition"; . 3 in the table in part 2 (daily living activities), in relation to activity 3 (managing therapy or monitoring a health condition), in descriptor b - a for "either" substitute "any one or more of the following"; b between paragraphs (i) and (ii), omit "or"; c in paragraph (ii) omit "or monitor a health condition"; d at the end insert - iii supervision, prompting or assistance to be able to monitor a health condition. . 4 in the table in part 3 (mobility activities), in relation to activity 1 (planning and following journeys), in descriptors c, d and f, for "cannot" substitute "for reasons other than psychological distress, cannot". signed by the authority of the secretary of state for work and pensions. penny mordaunt minister of state, department for work and pensions 22nd february 2017

citation and commencement 1 1 this order may be cited as the london borough of bexley (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 the remainder of this order comes into force - a for the purpose of proceedings preliminary, or relating, to the election of councillors, on the day after the day on which it is made; b for all other purposes, on the ordinary day of election of councillors in england and wales in 2018. interpretation 2 1 in this order "the map" means the map marked "map referred to in the london borough of bexley (electoral changes) order 2017", held by the local government boundary commission for england. 2 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of the london borough of bexley and number of councillors 3 1 the existing wards of the london borough of bexley are abolished. 2 the london borough of bexley is divided into 17 wards as listed in the first column of the table in the schedule. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected to each ward is the number specified by the entry in the second column of the table in the schedule which relates to that ward. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 27th march 2017

citation and commencement 1 these regulations may be cited as the motor vehicles (driving licences) (amendment) regulations 2017 and come into force on 1st january 2018. amendment of the motor vehicles (driving licences) regulations 1999 2 1 the motor vehicles (driving licences) regulations 1999 are amended as follows. 2 in regulation 72 (disabilities prescribed in respect of group 1 licences) - a for paragraph (4)(a) substitute - a has experienced two or more episodes of severe hypoglycaemia while awake during the previous one year period, and the most recent episode occurred during the previous three month period; or ; b for paragraph (5)(a) substitute - a does not fall within paragraph (4)(a); ; c for paragraph (6)(b) substitute - b undertakes appropriate monitoring to assess glucose levels and any risk of hypoglycaemia; . signed by authority of the secretary of state for transport jesse norman parliamentary under secretary of state department for transport 5th december 2017

citation and commencement 1 this order may be cited as the a14 cambridge to huntingdon improvement scheme development consent (correction) order 2017 and comes into force on 14th november 2017. correction of original order 2 1 the a14 cambridge to huntingdon improvement scheme development consent order 2016 is amended as follows. 2 in schedule 2 (requirements), after paragraph 12, insert - post-construction noise monitoring and mitigation plan 12a 1 no part of the authorised development within the area of south cambridgeshire district council is to be opened for public use until a post-construction noise monitoring plan for that part complying with this requirement has been submitted to and approved in writing by the secretary of state, following consultation with south cambridgeshire district council ("the monitoring plan"). 2 the monitoring plan must make provision for the monitoring of traffic flows with reference to the important areas identified within the area of south cambridgeshire district council in the environmental statement. 3 the monitoring plan must provide that - a during the 12 month period after the authorised development has been opened for public use, and during the 12 month period after the authorised development has been opened for public use for 4 years, traffic monitoring must be undertaken for the locations referred to in sub-paragraph (2) in accordance with the post opening project evaluation procedure operated by the undertaker; b if following analysis by the undertaker of the monitoring data derived from the monitoring mentioned in sub-paragraph (a), in consultation with south cambridgeshire district council, it reasonably appears to the undertaker that as a result of the authorised development traffic flows are materially greater than those predicted in the environmental statement, the assessment of noise effects at the locations where those materially greater flows are identified is to be re-calculated utilising the monitored data and using the methodology set out in the environmental statement; and c if it reasonably appears to the undertaker from the re-calculations mentioned in sub-paragraph (b) that the noise effects of the authorised development are materially greater than those predicted in the environmental statement, the undertaker, in consultation with south cambridgeshire district council, must develop a scheme of reasonable and sustainable mitigation at each relevant location, which the undertaker must submit to the secretary of state for approval. 4 post-construction noise monitoring must be carried out by the undertaker in accordance with the monitoring plan and the results of the monitoring must be submitted to south cambridgeshire district council. 5 before considering whether to approve any scheme of mitigation submitted by the undertaker to the secretary of state, the secretary of state must consult south cambridgeshire district council. 6 any scheme of mitigation approved by the secretary of state must be implemented by the undertaker. signed by the authority of the secretary of state for transport natasha kopala head of the transport and works act orders unit department for transport 13th november 2017

part 1 general citation, commencement and extent 1 1 these regulations may be cited as the criminal justice (european investigation order) regulations 2017 and come into force on 31st july 2017. 2 each amendment made by schedule 3 has the same extent as the provision to which it relates. 3 regulation 32 does not extend to scotland. general interpretation 2 1 in these regulations - "the 1990 act" means the criminal justice (international co-operation) act 1990 ; "the 2003 act" means the crime (international co-operation) act 2003 ; "business in the regulated sector" is to be interpreted in accordance with schedule 9 to the proceeds of crime act 2002 (regulated sector and supervisory activities) ; "designated investigating authority" means an authority listed in part 3 of schedule 1 (investigating authorities); "designated public prosecutor" means - in relation to england and wales and northern ireland, a prosecutor listed in part 1 of schedule 1 (public prosecutors); in relation to scotland, the lord advocate and any procurator fiscal; "the directive" means directive 2014/41/eu of the european parliament and of the council regarding the european investigation order in criminal matters ; "eu prisoner" means a person who is detained in a participating state - by virtue of a sentence or order of a court exercising criminal jurisdiction there, or in consequence of - having been transferred there, or responsibility for that person's detention and release having been transferred there, from the united kingdom under the repatriation of prisoners act 1984 , or having been transferred there, or responsibility for that person's detention and release having been transferred there, under any similar provision or arrangement from any other country or territory; "evidence" includes information in any form and articles; "financial institution" means a person who is carrying on business in the regulated sector; "notify" means notify in writing (and "notice" and "notification" are to be read accordingly); "participating state" means a state listed in schedule 2; "prison" includes an institution to which any of the following applies - the prison act 1952 ; the prison act (northern ireland) 1953 , or article 45(1) of the criminal justice (children) (northern ireland) order 1998 ; "prisoner" - in relation to england and wales or northern ireland, means a person - serving a sentence in a prison; in custody awaiting trial or sentence, or committed to prison for default in paying a fine; in relation to scotland, means a person detained in custody; "prosecuting authority" includes any prosecutor listed in part 1 or part 2 of schedule 1. 2 for the purposes of these regulations, the central authority - a in relation to england and wales and northern ireland, is the secretary of state (but see regulation 32); b in relation to scotland, is the lord advocate; c in relation to a participating state, is an authority designated by that state for the purposes of article 7(3) of the directive. transitional provisions 3 1 these regulations do not apply in relation to a case where, before the date on which these regulations come into force, any of the following has occurred - a a domestic freezing order made under section 10 of the 2003 act (domestic freezing orders) is forwarded by the secretary of state or the lord advocate under section 11 of that act (sending freezing orders); b an overseas freezing order (within the meaning of section 20 of the 2003 act (overseas freezing orders)) is received by the secretary of state or the lord advocate; c the secretary of state receives a request to which any of the following provisions applies - i section 31 of the 2003 act (hearing witnesses in the uk by telephone); ii section 32 of the 2003 act (information about banking transactions: customer information); iii section 35 of the 2003 act (information about banking transactions: account information); d the lord advocate receives a request to which any of the following provisions applies - i section 31 of the 2003 act; ii section 37 of the 2003 act (information about banking transactions: customer information); iii section 40 of the 2003 act (information about banking transactions: account information); e a request for assistance under section 43 (information about a person's bank account) or section 44 (monitoring banking transactions) of the 2003 act is forwarded by the secretary of state or the lord advocate or, in an urgent case, sent direct under section 45 of that act (sending requests for assistance); f a warrant is issued by the secretary of state or the scottish ministers under section 47(1) of the 2003 act (transfer of uk prisoner to assist investigation abroad); or g a warrant is issued by the secretary of state or the scottish ministers under section 48(1) of the 2003 act (transfer of eu etc. prisoner to assist uk investigation). consequential amendments 4 schedule 3 contains consequential amendments. part 2 making or validating a european investigation order in the united kingdom chapter 1 general interpretation 5 1 in this part - "european investigation order" means - in relation to this chapter and chapter 2, an order made or validated under regulation 6 or 7; in relation to chapter 3, an order made under regulation 22; "executing authority" means an authority of the executing state having competence to recognise a european investigation order and ensure its execution in accordance with the directive and the procedure applicable in a similar domestic case; "judicial authority" - in relation to england and wales, means any judge or justice of the peace; in relation to northern ireland, means any judge; in relation to scotland, means any judge of the high court or sheriff; "specified information" means the information required by article 5 of the directive to be included on the form set out in annex a to the directive. 2 references in this part to "the executing state" - a in relation to a european investigation order made under regulation 6, are to be construed in accordance with regulation 6(2); b in relation to a european investigation order made or validated under regulation 7, are to be construed in accordance with regulation 7(3); c in relation to a warrant issued under regulation 20, or to a european investigation order made under regulation 22 pursuant to such a warrant, are to be construed in accordance with regulation 20(1); d in relation to a warrant issued under regulation 21, or a european investigation order made under regulation 22 pursuant to such a warrant, are to be construed in accordance with regulation 21(1). 3 for the purposes of this part, a person transmits a european investigation order to a central authority or executing authority if that person sends the order to such an authority by any means capable of producing a written record under conditions allowing the authority to establish the order's authenticity. power of a judicial authority to make a european investigation order 6 1 if it appears to a judicial authority on an application made by a person mentioned in paragraph (3) - a that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and b that proceedings in respect of the offence have been instituted or it is being investigated, the judicial authority may make an order under this regulation. 2 an order under this regulation is an order specifying one or more investigative measures that are to be carried out in a participating state ("the executing state") for the purpose of obtaining evidence for use either in the investigation or the proceedings in question or both. 3 an application under this regulation may be made - a in relation to england and wales and northern ireland, by - i a prosecuting authority; ii a constable (but only with the consent of a prosecuting authority); b in relation to scotland, by the lord advocate or a procurator fiscal; c in any case where proceedings have been instituted, by or on behalf of a party to those proceedings. 4 but an order under this regulation may only be made it if it appears to the judicial authority that - a it is necessary and proportionate to make the order for the purposes of the investigation or proceedings in question; b the investigative measures to be specified in the order could lawfully have been ordered or undertaken under the same conditions in a similar domestic case (see regulation 11), and c where the order is for an investigative measure in relation to which specific provision is made in chapter 2 of this part, any conditions imposed by virtue of such provision are satisfied. power of a designated public prosecutor to make or validate a european investigation order 7 1 if it appears to a designated public prosecutor - a that an offence has been committed or that there are reasonable grounds for suspecting that an offence has been committed, and b proceedings have been instituted in respect of the offence in question or it is being investigated, the prosecutor may make an order under this regulation. 2 a designated public prosecutor in england and wales and northern ireland may, at the request of a designated investigating authority, validate an order under this regulation where it appears to the prosecutor that the conditions in paragraph (1) are satisfied. 3 an order under this regulation is an order specifying one or more investigative measures to be carried out in a participating state ("the executing state") for the purpose of obtaining evidence for use either in the investigation or the proceedings in question or both. 4 but an order under this regulation may only be made or validated if it appears to the designated public prosecutor that - a it is necessary and proportionate to make or validate the order for the purposes of the investigation or proceedings in question; b the investigative measures to be specified in the order could lawfully have been ordered or undertaken under the same conditions in a similar domestic case (see regulation 11), and c where the order is for an investigative measure in relation to which specific provision is made in chapter 2 of this part, any conditions imposed by virtue of such provision are satisfied. form and content of a european investigation order 8 a european investigation order must - a be in the form set out in annex a to the directive; b contain the specified information; c contain any further information as may be required under chapter 2 of this part; d be signed by or on behalf of the person making or validating it (the signature may be an electronic one), and e include a statement certifying that the information given in it is accurate and correct. transmission of a european investigation order 9 1 where a judicial authority makes a european investigation order, it must - a where the application for the order was made by a designated public prosecutor or a prosecutor listed in part 2 of schedule 1 (other designated prosecutors), give the order to that prosecutor for transmission to the central authority or to an appropriate executing authority of the executing state; b where the application for the order was made by a constable with the consent of a such a prosecutor, give the order to that constable; c in any other case, transmit the order to the central authority or to an appropriate executing authority of the executing state. 2 a designated public prosecutor must - a where it makes a european investigation order, transmit the order to the central authority or to an appropriate executing authority of the executing state; b where it validates a european investigation order on behalf of a designated investigating authority - i transmit the order to the central authority or to an appropriate executing authority of the executing state, or ii give the order to the designated investigating authority for transmission to the central authority or to an appropriate executing authority of the executing state. 3 a prosecutor who receives an order under this regulation from a judicial authority must transmit the order to the central authority or to an appropriate executing authority of the executing state. 4 a constable who receives an order under this regulation from a judicial authority must give it to the prosecutor from whom consent to apply for the order was obtained, for transmission to the central authority or to an appropriate executing authority of the executing state. 5 a designated investigating authority which receives an order under this regulation from a designated public prosecutor must transmit the order to the central authority or to an appropriate executing authority of the executing state. 6 a european investigation order transmitted under this regulation must be accompanied by a translation of the order into the language notified by the executing state under article 33(1)(b) of the directive (if that language is not english). variation or revocation of a european investigation order 10 1 the judicial authority or designated public prosecutor that made or validated a european investigation order may vary or revoke it. 2 but a judicial authority may only vary or revoke an order on the application of a person mentioned below. 3 the persons are - a the person who applied for the order; b in relation to england and wales and northern ireland, a prosecuting authority; c in relation to scotland, the lord advocate or a procurator fiscal; d any other person affected by the order. 4 an application by a constable under this regulation must not be made without the consent of a prosecuting authority. 5 where a judicial authority or designated public prosecutor revokes a european investigation order, the central authority or executing authority to which the order was originally transmitted must be informed without delay. 6 where a judicial authority or designated public prosecutor varies a european investigation order, the varied order must - a comply with the requirements of regulation 8 (form and content of a european investigation order), and b be transmitted to the central authority or appropriate executing authority of the executing state. 7 a varied order transmitted under this regulation must, where necessary, be accompanied by a translation of the order into the language notified by the executing state under article 33(1)(b) of the directive (if that language is not english). meaning of "under the same conditions in a similar domestic case" 11 1 when deciding for the purposes of regulation 6(4)(b) or 7(4)(b) whether an investigative measure could lawfully have been ordered or undertaken under the same conditions in a similar domestic case, the judicial authority or designated public prosecutor ("the relevant authority") must consider in particular the following matters. 2 where the investigative measure requested is one which would require the issue of a relevant instrument before it could be lawfully carried out in the united kingdom, the relevant authority must consider whether it could have issued such an instrument taking into account in particular - a the nature of the evidence to be obtained; b the purpose for which that evidence is sought (including its relevance to the investigation or proceedings in respect of which the european investigation order is sought); c the circumstances in which the evidence is held; d the nature and seriousness of the offence to which the investigation or proceedings relates; e any provision or rule of domestic law applicable to the issuing of such an instrument. 3 where the investigative measure requested is one which would require authorisation under any enactment relating to the acquisition and disclosure of data relating to communications, or the carrying out of surveillance, before it could be lawfully carried out in the united kingdom, the relevant authority must consider whether such authorisation - a has in fact been granted, or b could have been granted, taking into account in particular - i the matters specified in sub-paragraphs (a) to (d) of paragraph (2), and ii the provisions of the enactment applicable to the granting of such authorisation. 4 where the investigative measure requested is in connection with, or in the form of, the interception of communications, the relevant authority must consider whether any additional requirements relating to the making of such a request, imposed by any enactment other than these regulations, have been complied with. 5 paragraph (2)(e) does not require the relevant authority to take into account any provision of domestic law imposing a procedural requirement which the judicial authority or designated public prosecutor considers cannot effectively be applied when making a european investigation order for the investigative measure concerned. 6 for the purposes of this regulation - "relevant instrument" includes a warrant, order, notice, witness summons, citation or equivalent instrument; "enactment" means an enactment whenever passed or made and includes - an enactment contained in subordinate legislation within the meaning of the interpretation act 1978 ; an enactment contained in, or in an instrument made under, an act of the scottish parliament; an enactment contained in, or in an instrument made under, a measure or act of the national assembly for wales, and an enactment contained in, or in an instrument made under, northern ireland legislation. use of evidence obtained under this part 12 1 this regulation applies to evidence obtained from a participating state pursuant to a european investigation order made or validated under this chapter. 2 the evidence obtained - a may be used or disclosed for the purposes of the investigation or proceedings in relation to which the order was made or validated; b may not be used or disclosed for any other purpose, without the consent of the participating state from which it was obtained. 3 in scotland, the evidence may be received in evidence without being sworn to by a witness, so far as that may be done without unfairness to either party. chapter 2 additional requirements for certain investigative measures interpretation and relationship to chapter 1 13 1 this chapter makes provision for certain types of investigative measures which may be specified in a european investigation order. 2 the conditions and requirements imposed by this chapter apply in addition to the conditions and requirements imposed by chapter 1. 3 for the purposes of this chapter, a european investigation order is issued when it is made by a judicial authority, or made or validated by a designated public prosecutor, and references in this chapter to "the issuing authority" are to be construed accordingly. hearing a person by videoconference or telephone 14 1 this regulation applies if a european investigation order is to be issued under this part - a where a person is in the territory of a participating state and has to be heard as a witness, expert, suspect or accused person in proceedings in the united kingdom, for that person to be heard in those proceedings by videoconference or other audiovisual transmission; b where a person is in the territory of a participating state and has to be heard as a witness or expert in proceedings in the united kingdom, for that person to be heard in those proceedings by telephone conference. 2 a european investigation order may only be issued for the purpose mentioned in paragraph (1)(b) where the issuing authority is satisfied that it is not appropriate or not possible for the person to be heard to appear in the united kingdom in person, and only after having examined other suitable means. banking and other financial information 15 1 this regulation applies if a european investigation order is to be issued under this part - a in order to determine whether any person holds or controls one or more accounts, of whatever nature, in any financial institution located in the territory of a participating state and if so, to obtain all the details of the identified accounts, or b in order to obtain the details of accounts specified in the order in any financial institution specified in the order and of banking operations which have been carried out during a defined period through one or more of those accounts, including the details of any sending or recipient account. 2 a european investigation order issued for the purpose mentioned in paragraph (1)(a) must - a include the reasons why the issuing authority considers that the requested information is likely to be of substantial value for the purposes of the investigation or proceedings to which the order relates; b include the grounds on which the issuing authority believes that financial institutions in the territory of the participating state hold the account and, to the extent the information is available, specify the institutions concerned; and c include any further information the issuing authority considers may facilitate its execution. 3 a european investigation order issued for the purpose mentioned in paragraph (1)(b) must include the reasons why the issuing authority considers the requested information to be relevant for the purposes of the investigation or proceedings to which the order relates. investigative measures requiring the gathering of evidence in real time, continuously and over a certain period of time 16 1 this regulation applies if a european investigation order is to be issued under this part for the purpose of carrying out an investigative measure requiring the gathering of evidence in real time, continuously and over a certain period of time. 2 investigative measures of the type described in paragraph (1) include - a the monitoring of banking or other financial operations being carried out through one or more accounts specified in the order; b controlled deliveries on the territory of a participating state. 3 a european investigation order issued for the purpose of carrying out an investigative measure of the type described in paragraph (1) must include the reasons why the issuing authority considers that requested information to be relevant for the purposes of the investigation or proceedings to which the order relates. covert investigations 17 1 this regulation applies if a european investigation order is to be issued under this part for the purpose of requesting the assistance of a participating state in the conduct of investigations into crime by officers acting covertly (including under false identity). 2 a european investigation order issued for the purpose mentioned in paragraph (1) must include the reasons why the issuing authority considers that the requested assistance is likely to be relevant for the purposes of the investigation or proceedings to which the order relates. provisional measures 18 1 this regulation applies if a european investigation order is to be issued under this part for the purpose of provisionally preventing the destruction, transformation, removal, transfer or disposal of an item in the territory of a participating state that may be used as evidence in relation to the investigation or proceedings to which the order relates. 2 a european investigation order issued for the purpose mentioned in paragraph (1) must - a specify whether the item is to be transferred to the issuing authority or whether it is to remain in the participating state; b where the item is to remain in the participating state, specify - i the date of lifting of the provisional measure referred to in paragraph (1), or ii the estimated date of the submission of a request for the item or material to be transferred to the issuing authority. interception of telecommunications where technical assistance is needed 19 1 this regulation applies if a european investigation order is to be issued under this part for the interception of telecommunications in a participating state from which technical assistance is needed. 2 where it appears to the issuing authority that more than one participating state is in a position to provide the necessary technical assistance for the interception of the same telecommunications, the european investigation order must be sent only to one participating state. 3 where - a paragraph (2) applies, and b it appears to the issuing authority that the subject of the interception is or will be located in one of the participating states able to provide the necessary technical assistance, the european investigation order must be sent to that state. 4 a european investigation order issued for the purpose mentioned in paragraph (1) must - a contain information for the purpose of identifying the subject of the interception; b specify the desired duration of the interception; c contain sufficient technical data, in particular the target identifier, to ensure that the order can be executed, and d indicate the reasons why the issuing authority considers the requested information to be relevant for the purposes of the investigation or proceedings to which the order relates. chapter 3 making a european investigation order for the temporary transfer of a prisoner temporary transfer of uk prisoner to a participating state for the purpose of uk investigation 20 1 the secretary of state may issue a warrant for a prisoner to be transferred to a participating state ("the executing state") where the presence of the prisoner on the territory of that state is required for the purpose of gathering evidence there in connection with a criminal investigation or criminal proceedings in the united kingdom. 2 a warrant may be issued in respect of a prisoner under paragraph (1) only if - a the requirement in paragraph (3) is met, and b it appears to the secretary of state that it is necessary and proportionate for the prisoner to be transferred to the executing state for the purpose mentioned in paragraph (1). 3 the requirement is that - a the prisoner, or b in the circumstances mentioned in paragraph (4), a person appearing to the secretary of state to be an appropriate person to act on the prisoner's behalf, has made a written statement consenting to the transfer for the purpose mentioned in paragraph (1). 4 the circumstances are those in which it appears to the secretary of state to be inappropriate for the prisoner to act on his or her own behalf, by reason of his or her physical or mental condition or age. 5 a warrant under this section authorises - a the taking of the prisoner to a place in the united kingdom and delivery of that prisoner at a place of departure from the united kingdom into the custody of a person representing the appropriate authority of the executing state, and b the bringing of the prisoner back to the united kingdom and that prisoner's transfer in custody to the place where the prisoner is liable to be detained pursuant to the sentence or order to which the prisoner is subject. 6 subsections (4) to (8) of section 5 of the 1990 act (transfer of uk prisoner to give evidence or assist investigation overseas) have effect in relation to a warrant issued under this regulation as they have effect in relation to a warrant issued under that section. 7 a warrant issued under this regulation must be forwarded to a judicial authority or designated public prosecutor for consideration under regulation 22. 8 in relation to a transfer from scotland - a references in this regulation to the secretary of state are to be read as references to the scottish ministers; b the reference in paragraph (7) to "a judicial authority or designated public prosecutor" is to be read as a reference to the lord advocate. temporary transfer of eu prisoner to the uk for the purpose of uk investigation or proceedings 21 1 the secretary of state may issue a warrant for an eu prisoner to be transferred to the united kingdom from a participating state ("the executing state") for the purpose of - a giving evidence in criminal proceedings, or b assisting in the investigation of an offence. 2 a warrant may be issued in respect of an eu prisoner under paragraph (1) only if the conditions in each of paragraphs (3) to (5) are satisfied. 3 the condition is that, where the eu prisoner is to be transferred for the purpose mentioned in paragraph (1)(a), a witness order has been made, or a witness summons or citation issued, in criminal proceedings in the united kingdom in respect of the eu prisoner. 4 the condition is that it appears to the secretary of state that the eu prisoner consents, or is likely to consent, to being transferred for the purpose mentioned in paragraph (1)(a), or as the case may be, paragraph (1)(b). 5 the condition is that it appears to the secretary of state to be necessary and proportionate for the eu prisoner to be transferred to the united kingdom for the purpose mentioned in paragraph (1)(a) or, as the case may be, paragraph (1)(b). 6 a warrant under this regulation authorises - a the bringing of the eu prisoner to the united kingdom, b the taking of the eu prisoner to, and detention in custody at, any place or places in the united kingdom specified in the warrant, c the returning of the eu prisoner to the executing state. 7 subsections (4) to (8) of section 5 of the 1990 act (transfer of uk prisoner to give evidence or assist investigation overseas) have effect in relation to a warrant issued under this regulation as they have effect in relation to a warrant issued under that section. 8 a person is not subject to the immigration act 1971 in respect of that person's entry into or presence in the united kingdom pursuant to a warrant under this regulation; but if the warrant ceases to have effect while that person is still in the united kingdom - a that person is to be treated for the purposes of that act as having then illegally entered the united kingdom, and b the provisions of schedule 2 to that act have effect accordingly except that paragraph 20(1) (liability of carrier for expenses of custody etc. of illegal entrant) does not have effect in relation to directions for the person's removal given by virtue of this sub-paragraph. 9 a warrant issued under this regulation must be forwarded to a judicial authority or designated public prosecutor for consideration under regulation 22. 10 in relation to a transfer from scotland - a references in this regulation to the secretary of state are to be read as references to the scottish ministers; b the reference in paragraph (9) to "a judicial authority or designated public prosecutor" is to be read as a reference to the lord advocate. european investigation order for the temporary transfer of a prisoner 22 1 this regulation applies - a in relation to england and wales and northern ireland, where a judicial authority or designated public prosecutor receives from the secretary of state a warrant issued under regulation 20 or 21; b in relation to scotland, where the lord advocate receives from the scottish ministers a warrant issued under regulation 20 or 21. 2 if satisfied that - a in relation to a warrant issued under regulation 20, it is necessary and proportionate for the prisoner to be present in the territory of the participating state for the purpose mentioned in paragraph (1) of that regulation; b in relation to a warrant issued under regulation 21, it is necessary and proportionate for the eu prisoner to be present in the united kingdom for the purpose mentioned in paragraph (1)(a) or, as the case may be, paragraph (1)(b) of that regulation, the judicial authority or designated public prosecutor (or, in scotland, the lord advocate) must make an order for the transfer of the prisoner or the eu prisoner. 3 an order under this regulation must - a be in the form set out in annex a to the directive; b contain the specified information; c be signed by or on behalf of the person who made it (the signature may be an electronic one), and d include a statement certifying that the information given in it is accurate and correct. 4 an order made under this regulation - a in england and wales or northern ireland must be given to the secretary of state for transmission to the central authority or appropriate executing authority of the executing state; b in scotland must be transmitted by the lord advocate to the central authority or appropriate executing authority of the executing state. 5 a european investigation order transmitted under this regulation must be accompanied by a translation of the order into an appropriate language of the executing state (if that language is not english), in accordance with any notification made by that state under article 33(1)(b) of the directive. restrictions on prosecution and detention for other matters 23 1 this regulation applies where an eu prisoner ("the transferred person") is transferred to the united kingdom pursuant to a european investigation order made under regulation 22. 2 whilst in the united kingdom, the transferred person must not be prosecuted or detained or subjected to any other restriction of personal liberty in relation to conduct which - a occurred before the person's departure from the executing state, and b was not specified in the european investigation order. 3 paragraph (2) ceases to apply if the transferred person is released from custody whilst in the united kingdom, and - i having been informed that his or her presence in the united kingdom is no longer required, remains here after the expiry of the relevant period, or ii having left, returns. 4 the relevant period is 15 days beginning with the day after the transferred person is informed that his or her presence in the united kingdom is no longer required or, if later, the day after the transferred person is released from custody. time spent by uk prisoner in custody overseas 24 1 this regulation applies where a prisoner ("p") is transferred to the executing state pursuant to a european investigation order made under regulation 22. 2 any period of time spent in custody outside the united kingdom pursuant to the european investigation order must be treated for all purposes as if p had spent that period in custody in the place in the united kingdom where p is liable to be detained pursuant to the sentence or order to which p is subject. 3 where p is serving a sentence and, prior to being returned to the united kingdom, ceases to be in custody at a time when p is liable to be detained pursuant to the sentence or order to which p is subject, p must be deemed for all purposes to be unlawfully at large. part 3 recognition and execution in the united kingdom of a european investigation order made in a participating state chapter 1 general interpretation 25 in this part - "european investigation order" - has the meaning given by article 1 of the directive, and references to a european investigation order include part of an order; "excluded material" and "special procedure material" have the same meaning as in the police and criminal evidence act 1984 or, as the case may be, the police and criminal evidence (northern ireland) order 1989 ; "executing authority" means - in relation to england, wales and northern ireland, an authority listed in part 4 of schedule 1; in relation to scotland, the lord advocate; "issuing authority" means an authority of the issuing state competent for the purposes of article 2(c) of the directive; "issuing state", in relation to a european investigation order, means the participating state in which that order is issued; "items subject to legal privilege" - in relation to england and wales and northern ireland, has the same meaning as in the police and criminal evidence act 1984 or, as the case may be, the police and criminal evidence (northern ireland) order 1989; in relation to scotland, has the same meaning as in chapter 3 of part 8 of the proceeds of crime act 2002; "relevant part of the united kingdom", in relation to a european investigation order, means the part of the united kingdom in which evidence to which that order relates is situated; "relevant uk central authority" means the central authority in relation to the relevant the part of the united kingdom. chapter 2 general provisions relating to the recognition and execution of a european investigation order recognition of a european investigation order 26 1 this part applies where the relevant uk central authority receives from the issuing state - a a european investigation order, or a copy of it, in the form set out in annex a to the directive, and b if the form is not in english, a copy of the form translated into english. 2 if the central authority in relation to one part of the united kingdom receives a european investigation order which includes a request for evidence appearing to the central authority to be situated in another part of the united kingdom, that central authority must - a forward the european investigation order to the relevant uk central authority, and b notify the issuing authority or, where appropriate, the central authority of the issuing state that the european investigation order has been forwarded. 3 the central authority must notify the issuing authority or, where appropriate, the central authority of the issuing state to confirm receipt of the european investigation order. 4 notification under paragraph (3) must be given - a without delay, and in any event within one week beginning with the day on which the european investigation order is received, and b in the form set out in annex b to the directive. 5 the central authority must take a decision on the recognition and execution of the european investigation order in accordance with the remainder of this part. sufficiency of information 27 1 this regulation applies if it is impossible for the central authority to take a decision on the recognition or execution of a european investigation order because the information provided by the issuing authority is incomplete or manifestly incorrect. 2 the central authority must, without delay - a notify the issuing authority, b request that the issuing authority provide such further information as the central authority deems necessary for it to make a decision, specifying a reasonable period for the issuing authority to do so. 3 the central authority must not take its decision on the recognition and execution of the european investigation order until the period specified under paragraph (2)(b) has expired. grounds for refusal of recognition or execution 28 1 subject to paragraphs (2) and (3), recognition or execution of a european investigation order may be refused by the central authority only if it appears that - a one or more of the grounds for refusal in schedule 4 apply; b the investigative measure indicated in the european investigation order does not exist under the law of the relevant part of the united kingdom, and it appears to the central authority that there is no other investigative measure which would achieve the same result; c the investigative measure indicated in the european investigation order would not be available in a similar domestic case, and it appears to the central authority that there is no other investigative measure which would achieve the same result; d the conduct in relation to which the european investigation order has been issued - i does not constitute an offence under the law of the relevant part of the united kingdom, and ii is not indicated in the order as constituting an offence within the categories of offences set out in annex d to the directive and punishable in the issuing state with imprisonment or another form of detention for a maximum term of at least 3 years; e the use of the investigative measure indicated in the european investigation order is restricted under the law of the relevant part of the united kingdom to a list or category of offences or to offences punishable by a certain threshold, which does not include the offence covered by the order; f the european investigation order has been issued for the purpose of requesting assistance in the conduct of investigations into crime by officers acting covertly, including under false identity ("covert investigations"), and - i the execution of the covert investigation would not be authorised in a similar domestic case, or ii it has not been possible to reach agreement with the issuing authority on arrangements for the covert investigation in accordance with article 29(4) of the directive; g the investigative measure indicated in the european investigation order requires the gathering of evidence in real time, continuously and over a certain period of time, and execution of the measure concerned would not be authorised in a similar domestic case; h the european investigation order has been issued for the interception of telecommunications in the united kingdom, and interception would not be authorised in a similar domestic case; i regulation 36 applies (hearing persons in the uk through videoconference or other audio visual transmission), and the person to be heard is a suspect or accused person and has not consented to being heard; j regulation 54 or 55 applies (temporary transfer of prisoners), and the person has not consented to being transferred, or k regulation 54 applies (temporary transfer of uk prisoner to issuing state), and the transfer is liable to prolong the detention of the person in custody. 2 but the central authority may not refuse to recognise or execute a european investigation order by virtue of the application of sub-paragraphs (b) to (e) of paragraph (1) if the order relates to - a the obtaining of evidence which is already in the possession of the central authority, or appears to the central authority to already be in the possession of an executing authority, where it appears to the central authority that the evidence could lawfully have been obtained in the framework of a criminal investigation or criminal proceedings or for the purposes of the european investigation order in the relevant part of the united kingdom; b the obtaining of evidence contained in databases held by police or judicial authorities, where it appears to the central authority that the evidence is directly accessible by the central authority or by an executing authority in the framework of a criminal investigation or criminal proceedings; c the hearing of a witness, expert, victim, suspect, accused person or third party in the relevant part of the united kingdom; d any non-coercive investigative measure, or e the identification of a person holding a subscription of a telephone number or ip address specified in the order. 3 where the european investigation order concerns an offence in connection with taxes or duties, customs and exchange, the central authority must not refuse to recognise or execute the order on the ground that the law of the relevant part of the united kingdom does not impose the same kind of tax or duty or does not contain a tax, duty, customs and exchange regulation of the same kind as the law of the issuing state. 4 where it appears to the central authority that - a paragraph 1 of schedule 4 applies (execution impossible due to immunity or privilege under the law of the relevant part of the uk), and b it is within the power of an authority in the united kingdom to waive the immunity or privilege in question, the central authority must, before refusing to recognise or execute the european investigation order by virtue of the application of that provision, ask that authority to waive the immunity or privilege. 5 before refusing to recognise or execute a european investigation order under paragraph (1)(a) on the basis that one or more of paragraphs 1, 2, 4, 5, 6 or 7 of schedule 4 apply, the central authority must, without delay - a consult the issuing authority; and b where appropriate, request that it provide any necessary information, specifying a reasonable period for doing so. 6 where paragraph (5)(b) applies, the central authority must not refuse to recognise or execute the european investigation order until the specified period has expired. 7 where the central authority refuses to recognise or execute a european investigation order under this regulation, it must notify the issuing authority without delay. postponement of recognition or execution 29 1 an authority to which this regulation applies may postpone recognition or execution of a european investigation order for as long as grounds for postponement apply. 2 the grounds are - a that executing the european investigation order might prejudice a criminal investigation or criminal proceedings taking place in the united kingdom; b that objects, documents or data to which the european investigation order relates are already being used in a criminal investigation or criminal proceedings taking place in the united kingdom. 3 where an authority decides to postpone recognition or execution of the european investigation order under this regulation it must, without delay, notify the issuing authority and provide - a the reasons for the postponement, and b where possible, the expected duration of the postponement. 4 as soon as possible after the grounds for postponement cease to apply, the authority which decided to postpone recognition or execution must - a notify the issuing authority, and b proceed to take a decision on the recognition and execution of the order or, as the case may be, proceed to execute the order. 5 the authorities to which this regulation apply are - a a central authority, b an executing authority to whom a referral has been made under regulation 51 (referral to executing authority for assistance in execution of a european investigation order). time limits for recognition and execution 30 1 subject to paragraphs (2), (6) and (7), the central authority must take its decision on the recognition and execution of a european investigation order as soon as possible, and in any event before the expiry of the period of 30 days beginning with the day after the day on which the order was received. 2 where it is not practicable for the central authority to take its decision on the recognition and execution of a european investigation order within the period specified in paragraph (1), it must, without delay, notify the issuing authority - a giving reasons for the delay, and b specifying a date, within the period of 60 days beginning with the day after the day on which the european investigation order was received, by which the central authority expects to have taken its decision. 3 where the central authority decides to recognise or execute a european investigation order it must ensure any investigative measure specified in the order is carried out without delay and with the same celerity and priority as for a similar domestic case, and in any event before the expiry of the period of 90 days beginning with the day after the day on which the central authority takes its decision on recognition or execution. 4 paragraph (3) does not apply to the extent that an investigative measure relates to evidence already in the possession of the central authority, or appearing to the central authority to be in the possession of an executing authority. 5 where it appears to the central authority that it is not practicable for an investigative measure to be carried out within the period specified in paragraph (3), it must, without delay - a notify the issuing authority, giving reasons for the delay, and b consult with the issuing authority on the appropriate timing to carry out the investigative measure. 6 the time limits specified in paragraphs (1) and (3) are extended by any period during which recognition or execution of the european investigation order is postponed under regulation 29. 7 where the issuing authority has indicated in a european investigation order that - a due to procedural deadlines, the seriousness of the offence or other particularly urgent circumstances, shorter time limits than those provided for in this regulation are necessary, or b an investigative measure specified in the order must be carried out on a specific date, the central authority must, in the application of this regulation, take as full account as possible of such an indication. 8 in the case of a referral made under regulation 51, paragraphs (3) to (7) apply to the executing authority to whom the referral was made in relation to investigative measures specified in the referral as if it were the central authority. transfer of evidence to the issuing state 31 1 subject to paragraphs (2), (3) and (5), a central authority or executing authority ("the transferring authority") must, without undue delay, transfer to the issuing authority - a any evidence in the transferring authority's possession obtained as a result of the execution of the european investigation order, and b any evidence already in the possession of the transferring authority and to which the european investigation order relates, once a decision has been taken by the central authority to recognise and execute the order. 2 transfer of evidence under this regulation may be suspended pending a decision regarding a legal remedy, unless sufficient reasons are indicated in the european investigation order that an immediate transfer is necessary for the proper conduct of the investigation or proceedings to which the order relates, or for the preservation of individual rights. 3 transfer of evidence under this regulation must be suspended if it appears to the transferring authority that the transfer would cause serious and irreversible damage to any person affected by the transfer. 4 when transferring evidence, the transferring authority must indicate whether it requires the issuing authority to return the evidence as soon as it is no longer required in the issuing state. 5 where the evidence to be transferred consists of objects, documents or data which are relevant to an investigation or proceedings in the united kingdom, the transferring authority may, at the explicit request of and after consultation with the issuing authority, temporarily transfer the evidence on the condition that it be returned to the transferring authority as soon as it is no longer required in the issuing state, or at any other time or occasion agreed between the two authorities. european investigation orders relating to hmrc matters 32 1 this regulation applies in the case of a european investigation order issued in connection with an investigation or proceedings in the issuing state that relate wholly or mainly to relevant conduct. 2 subject to paragraph (3), the revenue commissioners may exercise the functions of the secretary of state (including as the central authority in relation to england and wales and northern ireland) for the purpose of recognising and executing a european investigation order under this part. 3 paragraph (2) does not apply to any function of the secretary of state (including as the central authority in relation to england and wales and northern ireland) conferred by the following - a regulation 36 (hearing a person through videoconference); b regulation 37 (hearing a person by telephone); c regulation 43 (nominating a court to make a customer information or account monitoring order); d regulation 51 (referral to executing authorities); e regulation 54 (transfer of uk prisoner to issuing state); f regulation 55 (transfer of eu prisoner to the uk). 4 where, by virtue of this regulation, the revenue commissioners nominate a court under regulation 38 - a sub-paragraphs (b) and (c) of paragraph (5) of regulation 38 do not apply; b paragraph (4) of regulation 39 applies as if for the words from "chief officer" to "procurator fiscal", there were substituted "revenue commissioners (within the meaning of regulation 32)"; c paragraph (3) of regulation 41 applies as if for sub-paragraph (a), there were substituted - a the revenue commissioners (within the meaning of regulation 32); ; d an officer of revenue and customs may exercise any function conferred on a constable under - i regulation 39 (search warrants and production orders: giving effect to the european investigation order); ii regulation 41 (power to revoke or vary a search warrant or production order or to authorise the release of evidence seized or produced), and references to a constable in those regulations are to be read as including references to an officer of revenue and customs; e any function conferred on a constable under regulation 40 must be exercised by an officer of revenue and customs in respect of any evidence - i seized by or produced to an officer of revenue and customs under regulation 39; ii seized by such an officer by virtue of section 50 of the criminal justice and police act 2001 (additional powers of seizure) , in the course of a search authorised by a warrant issued under regulation 39. 5 in this regulation - "hmrc matter" means any matter in relation to which the revenue commissioners have functions; "officer of revenue and customs" includes a person acting under the direction of such an officer; "relevant conduct" means conduct which, if it occurred in england and wales or northern ireland, would be conduct constituting an offence in relation to an hmrc matter; "the revenue commissioners" means the commissioners for her majesty's revenue and customs. european investigation orders relating to customs matters 33 1 this regulation applies in the case of a european investigation order issued in relation to conduct which, if it occurred in the united kingdom, would constitute an offence relating either to a general customs matter or to a customs revenue matter. 2 in relation to a european investigation order to which this regulation applies, any function conferred on a constable under regulation 39, 40, or 41 may be exercised by - a a general customs official in relation to conduct which, if it occurred in the united kingdom, would constitute an offence relating to a general customs matter, or b a customs revenue official in relation to conduct which, if it occurred in the united kingdom, would constitute an offence relating to a customs revenue matter. 3 in this regulation - "customs revenue matter" has the meaning given by section 7(2) of the borders, citizenship and immigration act 2009 act (customs revenue functions of the director); "customs revenue official" means a person designated as a customs revenue official in accordance with section 11(1) of that act (designation of customs revenue officials); "general customs matter" has the meaning given by section 1(2) of that act (general customs functions of the secretary of state); "general customs official" means a person designated as a general customs official in accordance with section 3(1) of that act (designation of general customs officials). request by an authority of the issuing state to assist in the execution of a european investigation order 34 1 this regulation applies where - a a european investigation order contains a request for an authority of the issuing state to assist in the execution of the order, pursuant to article 9(4) of the directive, and b the central authority decides to recognise and execute the order, or the part of the order to which the request relates. 2 the central authority or executing authority must authorise the request unless it considers that permitting the authority of the issuing state to assist would be - a contrary to a fundamental principle of law, or b harmful to essential national security interests. 3 in the case of a person ("p") authorised under this regulation to assist in the execution of a european investigation order by a chief officer of police for a police area in england and wales - a section 88 of the police act 1996 (liability for wrongful acts of constables) has effect as if - i any unlawful conduct in the execution or purported execution of a european investigation order by p were unlawful conduct of a constable under the direction and control of the chief officer, and ii subsection (4) of that section applied, in the case of the local policing body maintaining the force for which the chief officer is responsible, to p; b section 89 of that act (assaults on constables) has effect as if references to a person assisting a constable in the execution of his duty in that section included references to p when assisting in the execution of the european investigation order. 4 a person convicted of an offence under subsection (1) of section 89 of the police act 1996 as a result of the application of paragraph (3)(b) is liable to imprisonment for a term not exceeding three months, or to a fine, or to both (but is not liable for any other penalty provided for in that subsection). 5 in the case of a person ("p") authorised under this regulation to assist in the execution of a european investigation order by the chief constable of the police service of northern ireland - a section 29 of the police (northern ireland) act 1998 (liability for wrongful acts of constables) has effect as if any unlawful conduct in the execution or purported execution of a european investigation order by p were unlawful conduct of a constable under the direction and control of the chief constable of the police service of northern ireland; b section 66 of that act (assaults on, and obstruction of, constables, etc.) has effect as if references to a person assisting a constable in the execution of his duty in that section included references to p when assisting in the execution of the european investigation order. 6 on summary conviction of an offence under section 66 of the police (northern ireland) act 1998 as a result of the application of paragraph (5)(b), a person is liable to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum, or to both (but is not liable on summary conviction for any other penalty provided for in that section). 7 in the case of a person ("p") authorised under this regulation to assist in the execution of a european investigation order by the chief constable of the police service of scotland - a section 24 of the police and fire reform (scotland) act 2012 (liability for unlawful conduct) has effect as if p were a person falling within subsection (2) of that section; b section 90 of that act (assaulting or impeding police) has effect as if the capacities mentioned in subsection (3) of that section included that of p, acting in accordance with authority provided under this regulation. 8 a person convicted of an offence under section 90 of the police and fire reform (scotland) act 2012 as a result of the application of paragraph (7)(b) is liable to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum, or to both (but is not liable for any other penalty provided for in that section). 9 in the case of a person ("p") authorised under this regulation to assist in the execution of a european investigation order by the director of the national crime agency - a paragraph 2 of schedule 4 to the crime and courts act 2013 (liability of nca for unlawful acts) has effect as if after sub-paragraph (4) of that paragraph, there were inserted - 4a the fourth case is where the unlawful conduct is conduct of a person authorised under regulation 34 of the criminal justice (european investigation order) regulations 2017 to assist an nca officer in the execution of a european investigation order (within the meaning of part 2 of those regulations) which occurs when that person is providing, or purporting to provide, such assistance. ; b where p is assisting in the execution of the european investigation order, paragraph 3 of that schedule (assaults or obstruction in connection with joint investigation teams) has effect as if p were a member of an nca-led international joint investigation team (within the meaning of that act) carrying out functions as a member of that team. 10 a person convicted of an offence under paragraph 3 of schedule 4 to the crime and courts act 2013 as a result of the application of paragraph (9)(b) is liable on summary conviction - a in england and wales, to imprisonment for a term not exceeding three months or to a fine, or to both; b in northern ireland or scotland, to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum, or to both; but is not liable for any other penalty provided for in paragraph 3 of that schedule. chapter 3 execution of a european investigation order relating to witness evidence and hearings nominating a court to receive evidence from a person 35 1 this regulation applies where a european investigation order contains a request for a person in the united kingdom to be heard as a witness, expert, victim, suspect, accused person or third party for the purpose of receiving evidence from them. 2 the central authority may by notice nominate a court to receive any evidence to which the european investigation order relates for the purpose of giving effect to the order. 3 but where it appears to the central authority that the conditions in paragraph (4) are satisfied, it must nominate a court under paragraph (2). 4 the conditions are - a that recognition or execution of the european investigation order cannot be refused under regulation 28, and b that - i the person from whom the evidence is to be received is unwilling to provide it in an alternative form, or ii the person from whom the evidence is to be received is willing to provide it in an alternative form, but the issuing authority does not agree to receive it in that form. 5 a court nominated under this regulation must give effect to the european investigation order in accordance with schedule 5, before the end of the required period. 6 the required period is - a 90 days beginning with the day after the day on which the court is nominated, or b any other period as may be agreed between the nominated court, the central authority and the issuing authority. 7 in this regulation, "evidence in an alternative form" means - a evidence in the form of a witness statement or other document; b evidence in the form of a record of an interview with the person concerned; c evidence in any other form mutually agreed upon between the central authority, the issuing authority and the person from whom the evidence is to be received. hearing a person through videoconference or other audio visual transmission 36 1 this regulation applies where a european investigation order contains a request for a person in the united kingdom to be heard as a witness, expert, suspect or accused person by videoconference or other audiovisual transmission ("video-link") in proceedings before a court in the issuing state ("the overseas proceedings"). 2 where it appears to the central authority that one of the conditions in paragraph (4) is satisfied, it may by notice nominate a court in the united kingdom where the person may be heard in the overseas proceedings through a video-link. 3 but where it appears to the central authority that, in addition, the conditions in paragraph (5) are satisfied, it must nominate a court under paragraph (2). 4 the conditions are that - a the person is neither a suspect nor a person accused in the overseas proceedings, or b the person is either a suspect or is accused in the overseas proceedings but has consented to being heard by video-link. 5 the conditions are - a that recognition or execution of the european investigation order cannot be refused under regulation 28, and b in any case where a person is requested to give evidence through a video-link, that either - i the person is unwilling to provide that evidence in an alternative form, or ii the person is willing to provide that evidence in an alternative form, but the issuing authority does not agree to receive the evidence in that form. 6 anything done by a person in the presence of the nominated court which, if it were done in proceedings before the court, would constitute contempt of court is to be treated for that purpose as done in proceedings before the court. 7 any statement made on oath by a witness giving evidence in pursuance of this regulation is to be treated as made in proceedings before the nominated court for the purposes of - a section 1 of the perjury act 1911 ; b article 3 of the perjury (northern ireland) order 1979 , and c section 44(1) of the criminal law (consolidation) (scotland) act 1995 . 8 a person convicted of an offence as a result of the application of paragraph (7) is liable to imprisonment for a term not exceeding two years, or to a fine, or to both (but is not liable for any other penalty provided for in the provisions mentioned in paragraph (7)). 9 a court nominated under this regulation must give effect to the european investigation order in accordance with part 1 of schedule 6 before the end of the required period. 10 subject to paragraphs (6) and (7) and the provisions of part 1 of schedule 6, evidence given pursuant to this regulation is not to be treated for any purpose as evidence given in proceedings in the united kingdom. 11 the required period is - a 90 days beginning with the day after the day on which the court is nominated, or b any other period as may be agreed between the nominated court, the central authority and the issuing authority. 12 in this regulation, "evidence in an alternative form" means - a evidence in the form of a witness statement or other document; b evidence in the form of a record of an interview with the person concerned; c evidence in any other form mutually agreed upon between the central authority, the issuing authority and the person from whom the evidence is to be received. hearing a person by telephone conference 37 1 this regulation applies where a european investigation order contains a request for a person in the united kingdom to be heard as a witness or expert by telephone conference in proceedings before a court in the issuing state. 2 the central authority may by notice nominate a court in the united kingdom where the person may be heard in the proceedings by telephone conference. 3 but where it appears to the central authority that the conditions in paragraph (4) are satisfied, it must nominate a court under paragraph (2). 4 the conditions are that - a recognition or execution of the european investigation order cannot be refused under regulation 28, and b in any case where a person is requested to give evidence by telephone conference, that either - i the person is unwilling to provide that evidence in an alternative form, or ii the person is willing to provide that evidence in an alternative form, but the issuing authority does not agree to receive the evidence in that form. 5 anything done by a person in the presence of the nominated court which, if it were done in proceedings before the court, would constitute contempt of court is to be treated for that purpose as done in proceedings before the court. 6 any statement made on oath by a witness giving evidence in pursuance of this regulation is to be treated as made in proceedings before the nominated court for the purposes of - a section 1 of the perjury act 1911; b article 3 of the perjury (northern ireland) order 1979, and c section 44(1) of the criminal law (consolidation) (scotland) act 1995. 7 a person convicted of an offence as a result of the application of paragraph (6) is liable to imprisonment for a term not exceeding two years, or to a fine, or to both (but is not liable for any other penalty provided for in the provisions mentioned in paragraph (6)). 8 a court nominated under this regulation must give effect to the european investigation order in accordance with part 2 of schedule 6 before the end of the required period. 9 subject to paragraphs (5) and (6) and the provisions of part 2 of schedule 6, evidence given pursuant to this regulation is not to be treated for any purpose as evidence given in proceedings in the united kingdom. 10 the required period is - a 90 days beginning with the day after the day on which the court is nominated, or b any other period as may be agreed between the nominated court, the central authority and the issuing authority. 11 in this regulation, "evidence in an alternative form" means - a evidence in the form of a witness statement or other document; b evidence in the form of a record of an interview with the person concerned; c evidence in any other form mutually agreed upon between the central authority, the issuing authority and the person from whom the evidence is to be received. chapter 4 execution of a european investigation order by means of a search warrant etc. search warrants and production orders: nominating a court 38 1 this regulation applies if it appears to the central authority that in order to give effect to the european investigation order it will be necessary for a court to issue a warrant or, as the case may be, make a production order under regulation 39. 2 where it appears to the central authority that the condition in paragraph (3) is met, it may by notice nominate a court to issue a warrant or make a production order. 3 the condition is that the conduct in relation to which the european investigation order was issued would, if it had occurred in the relevant part of the united kingdom, constitute an indictable offence under the law of that part of the united kingdom. 4 but the central authority must nominate a court under paragraph (2) where it appears that, in addition, recognition or execution of the european investigation order cannot be refused under regulation 28. 5 if the secretary of state nominates a court under this regulation, he or she must - a send a copy of the european investigation order to that court; b send a copy of the order to the chief officer of police for the police area in which the evidence is situated, and c tell the chief officer which court has been nominated. 6 in relation to scotland, in this regulation "court" means "sheriff court". 7 references to "the nominated court" in regulations 39 to 41 are references to a court nominated under this regulation, or in relation to scotland, any sheriff at a court nominated under this regulation. search warrants and production orders: giving effect to the european investigation order 39 1 within a period prescribed by rules of court, the nominated court must give effect to the european investigation order by issuing a warrant authorising a constable - a to enter the premises to which the european investigation order relates and search the premises to the extent reasonably required for the purpose of discovering any evidence to which the order relates, and b to seize and retain any evidence for which that constable is authorised to search. 2 but in relation to england and wales and northern ireland, so far as the european investigation order relates to excluded material or special procedure material, the court must give effect to the order by making a production order (subject to paragraph (8)). 3 a production order is an order for the person who appears to the court to be in possession of material to which the order relates to produce it to a constable before the end of the period of seven days beginning with the date on which the order is made, or such longer period as the order may specify. 4 before giving effect to the european investigation order, the nominated court must give the chief officer of police or, as the case may be, the procurator fiscal an opportunity to be heard. 5 the nominated court may refuse to give effect to the european investigation order only if it is of the opinion that one or more of grounds in paragraph (6) apply. 6 the grounds are that - a the execution of the european investigation order would be contrary to the principle of ne bis in idem ; b there are substantial grounds for believing that executing the european investigation order would be incompatible with any of the convention rights (within the meaning of the human rights act 1998 ); c there are substantial grounds for believing that the european investigation order has been issued for the purpose of prosecuting or punishing a person on account of that person's sex, racial or ethnic origin, religion, sexual orientation, nationality, language or political opinions; d there are substantial grounds for believing that a person's position in relation to the investigation or proceedings to which the european investigation order relates might be prejudiced by reason of that person's sex, racial or ethnic origin, religion, sexual orientation, nationality, language or political opinions. 7 the nominated court may postpone giving effect to the european investigation order if - a to do so might prejudice a criminal investigation or criminal proceedings taking place in the united kingdom, or b if, under an order made by a court in criminal proceedings in the united kingdom, the information must not be removed from the united kingdom. 8 the nominated court may issue a warrant under paragraph (1) in respect of excluded material or special procedure material only where - a a person has failed to comply with a production order made in respect of the same material (whether or not the court also deals with the matter as a contempt of court), or b it appears that one or more of the conditions in paragraph (9) is satisfied. 9 the conditions are that - a it is not practicable to communicate with any person entitled to grant entry to the premises; b it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material; c the material consists of information which - i is subject to a restriction on disclosure or obligation of secrecy under the law of the issuing state, and ii is likely to be disclosed in breach of it if a warrant is not issued; d the making of a production order may seriously prejudice the investigation or proceedings to which the european investigation order relates. 10 section 409 of the proceeds of crime act 2002 (jurisdiction of sheriff) has effect for the purposes of paragraph (1) as if that paragraph were included in chapter 3 of part 8 of that act. 11 a constable may take away any material produced to him or her under a production order; and the material is to be treated for the purposes of section 21 of the police and criminal evidence act 1984 or, as the case may be, article 23 of the police and criminal evidence (northern ireland) order 1989 (access and copying) as if it has been seized by the constable. 12 a court in england and wales or northern ireland must not issue a warrant under paragraph (1) in respect of any evidence unless the court has reasonable grounds for believing that it does not consist of or include items subject to legal privilege, excluded material or special procedural material. 13 a sheriff must not issue a warrant under paragraph (1) in respect of any evidence unless the sheriff has reasonable grounds for believing that it does not consist of items subject to legal privilege. 14 paragraph (12) does not prevent a warrant being issued by virtue of paragraph (8) in respect of excluded material or special procedure material. evidence seized under a search warrant or production order 40 1 a constable must retain any evidence - a seized by or produced to him or her under regulation 39; b seized by him or her by virtue of section 50 of the criminal justice and police act 2001 (additional powers of seizure) , in the course of a search authorised by a warrant issued under that regulation, until it is transferred to the issuing state in accordance with regulation 31 (transfer of evidence to the issuing state). 2 but in relation to evidence of the type mentioned in paragraph (1)(b), nothing in this regulation or in regulation 30 requires the transfer of that evidence to the issuing state - a before it has been found, on the completion of any examination required to be made by arrangements under section 53(2) of the criminal justice and police act 2001, to be property within subsection (3) of that section (property which may be retained after examination), or b at a time when it constitutes property in respect of which a person is required to ensure that arrangements such as are mentioned in section 61(1) of that act (duty to secure) are in force. power to revoke or vary a search warrant or production order or to authorise the release of evidence seized or produced 41 1 on an application by a person mentioned in paragraph (3) or (4), the nominated court may - a vary or revoke a warrant issued or production order made by it under regulation 39, or b authorise the release of any evidence retained by a constable under regulation 40(1). 2 but the nominated court may only exercise its power under paragraph (1) to the extent that - a it is of the opinion mentioned in regulation 39(5), or b it appears to the nominated court that the european investigation order has been withdrawn or no longer has effect in the issuing state. 3 in relation to england and wales and northern ireland, the persons are - a the chief officer of police to whom a copy of the european investigation order was sent; b the constable retaining the evidence under regulation 40(1); c any other person affected by the order. 4 in relation to scotland, the persons are - a a procurator fiscal; b any other person affected by the order. 5 when considering an application under this regulation, the nominated court must not entertain any challenge to the substantive reasons in relation to which the european investigation order was issued. chapter 5 execution of a european investigation order by means of a customer information order or an account monitoring order interpretation 42 in this chapter - "account monitoring order" has the meaning given by regulation 45(3); "court", in relation to scotland, means a sheriff court; "customer information order" has the meaning given by regulation 44(3); "financial institution" includes a person who was at any time a financial institution, but who has ceased to be a financial institution. nominating a court to make a customer information order or an account monitoring order 43 1 this regulation applies if it appears to the central authority that in order to give effect to the european investigation order it will be necessary for a court to make - a a customer information order, or b an account monitoring order. 2 where it appears to the central authority that the condition in paragraph (3) is met, it may by notice nominate a court to give effect to the european investigation order by making one of the orders mentioned in paragraph (1). 3 the condition is that the conduct in relation to which the european investigation order was issued would, if it had occurred in the relevant part of the united kingdom, constitute an indictable offence under the law of that part of the united kingdom. 4 but the central authority must nominate a court under paragraph (2) where it appears that, in addition, recognition or execution of the european investigation order cannot be refused under regulation 28. 5 if the secretary of state nominates a court under this regulation, he or she must - a send a copy of the european investigation order to that court; b specify which of the orders mentioned in paragraph (1) the court is to make; c send a copy of the order to the chief officer of police for a police area appearing to the secretary of state to be the appropriate chief officer to receive it, and d tell the chief officer which court has been nominated. 6 if the lord advocate nominates a court under this regulation, he or she must specify which of the orders mentioned in paragraph (1) the nominated court is to make. 7 references to "the nominated court" in regulations 44 to 48 are references to a court nominated under this regulation, or in relation to scotland, any sheriff at a court nominated under this regulation. court's power to make a customer information order 44 1 this regulation applies where a court is nominated under regulation 43 to give effect to a european investigation order by making a customer information order. 2 subject to regulations 46 and 47 and within a period prescribed by rules of court, the nominated court must give effect to the european investigation order by making a customer information order. 3 a customer information order is an order that a financial institution must, on being required to do so by notice in writing given by a constable (or, in scotland, a constable under the instruction of a procurator fiscal), provide any customer information it has which relates to the person specified in the order. 4 a financial institution which is required to provide information under a customer information order must provide the information to the constable or procurator fiscal in such a manner, and at or by such a time or times, as the order requires. 5 before giving effect to the european investigation order the nominated court must give the chief officer of police or procurator fiscal an opportunity to be heard. 6 a customer information order has effect in spite of any restriction on the disclosure of the information (however imposed). 7 information obtained by a constable or procurator fiscal in pursuance of a customer information order must be transferred to the issuing state in accordance with regulation 31 (transfer of evidence to the issuing state). 8 in relation to england and wales and northern ireland, section 364 of the proceeds of crime act 2002 (meaning of customer information), except subsections (2)(f) and (3)(i), has effect for the purposes of this regulation as if this regulation were included in chapter 2 of part 8 of that act. 9 in relation to scotland - a section 398 (meaning of customer information) except subsections (2)(f) and 3(i), and b section 409 (jurisdiction of sheriff), of the proceeds of crime act 2002 have effect for the purposes of this regulation as if this regulation were included in chapter 3 of part 8 of that act. court's power to make an account monitoring order 45 1 this regulation applies where a court is nominated under regulation 43 to give effect to a european investigation order by making an account monitoring order. 2 subject to regulations 46 and 47 and within a period prescribed by rules of court, the nominated court must give effect to the european investigation order by making an account monitoring order. 3 an account monitoring order is an order that a financial institution must, for the period stated in the order, provide account information of the description specified in the order to a constable (or, in scotland, a constable under the instruction of a procurator fiscal) in the manner, and at or by the time or times, stated in the order. 4 account information is information relating to an account or accounts held at the financial institution specified in the order by the person so specified (whether solely or jointly with another). 5 before giving effect to the european investigation order the nominated court must give the chief officer of police or procurator fiscal an opportunity to be heard. 6 account monitoring orders have effect as if they were orders of the court, and in spite of any restriction on the disclosure of the information (however imposed). 7 information obtained by a constable or procurator fiscal in pursuance of an account monitoring order must be transferred to the issuing state in accordance with regulation 34 (transfer of evidence to the issuing state). 8 in relation to scotland, section 409 of the proceeds of crime act 2002 (jurisdiction of sheriff) has effect for the purposes of this regulation as if this regulation were included in chapter 3 of part 8 of that act. grounds for refusing to make a customer information order or an account monitoring order 46 1 the nominated court may refuse to make an order under regulations 44 or 45 only if it is of the opinion that one or more of the grounds in paragraph (2) apply. 2 the grounds are that - a the execution of the european investigation order would be contrary to the principle of ne bis in idem ; b there are substantial grounds for believing that executing the european investigation order would be incompatible with any of the convention rights (within the meaning of the human rights act 1998); c there are substantial grounds for believing that the european investigation order has been issued for the purpose of prosecuting or punishing a person on account of that person's sex, racial or ethnic origin, religion, sexual orientation, nationality, language or political opinions; d there are substantial grounds for believing that a person's position in relation to the investigation or proceedings to which the european investigation order relates might be prejudiced by reason of that person's sex, racial or ethnic origin, religion, sexual orientation, nationality, language or political opinions. postponement 47 the nominated court may postpone making an order under regulations 44 or 45 if - a to make the order might prejudice a criminal investigation or criminal proceedings taking place in the united kingdom, or b under an order made by a court in criminal proceedings in the united kingdom, the information must not be removed from the united kingdom. power to vary or revoke customer information and account monitoring orders 48 1 on an application made by a person mentioned in paragraph (3), the nominated court may vary or revoke a customer information order or an account monitoring order. 2 but the nominated court may only exercise its power under paragraph (1) to the extent that - a it is of the opinion mentioned in regulation 46(1), or b it appears to the nominated court that the european investigation order has been withdrawn or no longer has effect in the issuing state. 3 the persons are - a in relation to england and wales and northern ireland, a chief officer of police to whom a copy of the order was sent; b in relation to scotland, a procurator fiscal; c any other person affected by the order. 4 when considering an application under this regulation, the nominated court must not entertain any challenge to the substantive reasons in relation to which the european investigation order was issued. offences in relation to customer information orders 49 1 a financial institution is guilty of an offence if without reasonable excuse it fails to comply with a requirement imposed on it under a customer information order. 2 a financial institution guilty of an offence under paragraph (1) is liable on summary conviction - a in england and wales, to a fine; b in northern ireland, to a fine not exceeding the statutory maximum; c in scotland to a fine not exceeding level 5 on the standard scale. 3 a financial institution is guilty of an offence if, in purported compliance with a customer information order, it - a makes a statement which it knows to be false or misleading in a material particular, or b recklessly makes a statement which is false or misleading in a material particular. 4 a financial institution guilty of an offence under paragraph (3) is liable - a on summary conviction in england and wales, to a fine; b on summary conviction in northern ireland, to a fine not exceeding the statutory maximum; c on summary conviction in scotland, to a fine not exceeding the statutory maximum; d on conviction on indictment, to a fine. offence of disclosure 50 1 this regulation applies where - a a financial institution is specified in a customer information order or account monitoring order made in the united kingdom under this part, or b the central authority receives a european investigation order under this part for evidence to be obtained from a financial institution in connection with the investigation of an offence in reliance on article 27 of the directive (information on banking and other financial operations). 2 if the financial institution, or an employee of the financial institution, discloses any of the following information, that person is guilty of an offence. 3 that information is - a that the request to obtain customer information or account information, or the european investigation order mentioned in paragraph (1)(b), has been received; b that the investigation to which the request or order relates is being carried out; c that, in pursuance of the request or order, information has been given to the authority which made the request or order. 4 a financial institution guilty of an offence under this regulation is liable - a on summary conviction in england and wales, to a fine; b on summary conviction in northern ireland, to a fine not exceeding the statutory maximum; c on summary conviction in scotland, to a fine not exceeding the statutory maximum; d on conviction on indictment, to a fine. 5 any other person found guilty of an offence under this regulation is liable - a on summary conviction in england and wales, to imprisonment for a term not exceeding three months or to a fine, or to both; b on summary conviction in northern ireland or in scotland, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both; c on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. chapter 6 referral to an executing authority for assistance in execution of a european investigation order referral to executing authorities 51 1 a central authority may refer a european investigation order to an executing authority where the central authority considers that - a the executing authority is likely to be able to give effect to the order, and b it is expedient for the executing authority to give effect to the order. 2 but the central authority must make a referral under this regulation where it considers that - a the executing authority is likely to be able to give effect to the order; b recognition or execution of the european investigation order cannot be refused under regulation 28, and c it will not be possible to give effect to the order unless a referral is made. 3 a referral made under this regulation must be accompanied by a notice specifying - a the action the executing authority is expected to take in order to give effect to the european investigation order; b the time period within which the action should be carried out in order to comply with any requirement imposed by regulation 30, and c details of any time period within which the executing authority should raise any objection to the central authority's decision to recognise the european investigation order, or to the central authority's decision to make a referral under this regulation. 4 the central authority may withdraw a referral made under this regulation. 5 the central authority in relation to england and wales and northern ireland may not refer a european investigation order to the director of the serious fraud office under this regulation unless the authority considers that the order relates to an offence involving serious or complex fraud. lord advocate's direction in relation to serious or complex fraud 52 1 this regulation applies if it appears to the lord advocate that a european investigation order relates to an offence involving serious or complex fraud. 2 the lord advocate may give a direction under section 27 of the criminal law (consolidation) (scotland) act 1995 (lord advocate's direction) for the purposes of giving effect to the order. chapter 7 recognition and execution of a european investigation order for the temporary transfer of a prisoner temporary transfer of prisoners 53 where a european investigation order includes a request for the temporary transfer of a prisoner or eu prisoner in accordance with article 22 or 23 of the directive, the central authority must give a copy of the european investigation order - a to the scottish ministers, where the request relates to a prisoner in scotland or the transfer of an eu prisoner to scotland; b to the secretary of state, in any other case. temporary transfer of uk prisoner to issuing state for the purpose of issuing state's investigation or proceedings 54 1 this regulation applies where the secretary of state receives from the central authority a european investigation order for the temporary transfer of a prisoner to the issuing state for the purpose of - a giving evidence in criminal proceedings in the issuing state, or b assisting in the issuing state in the investigation of an offence. 2 if satisfied that the requirement in paragraph (3) is met, the secretary of state may give effect to the european investigation order by issuing a warrant under this regulation for the transfer of the prisoner. 3 the requirement is that - a the prisoner, or b in the circumstances mentioned in paragraph (4), a person appearing to the secretary of state to be an appropriate person to act on the prisoner's behalf, has made a written statement consenting to be transferred for the purpose mentioned in paragraph (1)(a), or as the case may be, paragraph (1)(b). 4 the circumstances are that it appears to the secretary of state to be inappropriate for the prisoner to act on his or her own behalf, by reason of his or her physical or mental condition or age. 5 if satisfied that - a the requirement in paragraph (3) is met; b recognition or execution of the european investigation order cannot be refused under regulation 28; and c in any case where the purpose of the transfer is for the prisoner to give evidence in criminal proceedings in the issuing state, it is not possible for the prisoner to give that evidence by virtue of regulation 35 (nominating a court to receive evidence from a person), regulation 36 (hearing a person through videoconference or other audio visual transmission) or regulation 37 (hearing a person by telephone conference), the secretary of state must give effect to the european investigation order by issuing a warrant under this regulation for the transfer of the prisoner. 6 a warrant under this regulation authorises - a the taking of the prisoner to a place in the united kingdom and delivery of that prisoner at a place of departure from the united kingdom into the custody of a person representing the appropriate authority of the issuing state, and b the bringing of the prisoner back to the united kingdom and that prisoner's transfer in custody to the place where the prisoner is liable to be detained pursuant to the sentence or order to which the prisoner is subject. 7 subsections (4) to (8) of section 5 of the 1990 act (transfer of uk prisoner to give evidence or assist investigation overseas) have effect in relation to a warrant issued under this regulation as they have effect in relation to a warrant issued under that section. 8 in relation to a transfer from scotland, references in this regulation to the secretary of state are to be read as reference to the scottish ministers. temporary transfer of eu prisoner to uk for the purpose of issuing state's investigation 55 1 this regulation applies where the secretary of state receives from the central authority a european investigation order for the temporary transfer of an eu prisoner to the united kingdom for the purpose of gathering evidence in connection with a criminal investigation or criminal proceedings in the issuing state. 2 if satisfied that the requirement in paragraph (3) is met, the secretary of state may give effect to the european investigation order by issuing a warrant under this regulation for the transfer of the eu prisoner. 3 the requirement is that the issuing authority has indicated in the european investigation order that the eu prisoner has consented to being transferred for the purpose mentioned in paragraph (1). 4 if satisfied that - a the requirement in paragraph (3) is met, and b recognition or execution of the european investigation order cannot be refused under regulation 28, the secretary of state must give effect to the european investigation order by issuing a warrant under this regulation for the transfer of the eu prisoner. 5 a warrant under this regulation authorises - a the bringing of the eu prisoner to the united kingdom, b the taking of the eu prisoner to, and detention in custody at, any place or places in the united kingdom specified in the warrant, c the returning of the eu prisoner to the issuing state. 6 subsections (4) to (8) of section 5 of the 1990 act have effect in relation to a warrant issued under this regulation as they have effect in relation to a warrant issued under that section. 7 a person is not subject to the immigration act 1971 in respect of that person's entry into or presence in the united kingdom pursuant to a warrant under this regulation; but if the warrant ceases to have effect while that person is still in the united kingdom - a that person is to be treated for the purposes of that act as having then illegally entered the united kingdom, and b the provisions of schedule 2 to that act have effect accordingly except that paragraph 20(1) (liability of carrier for expenses of custody etc. of illegal entrant) does not have effect in relation to directions for the person's removal given by virtue of this sub-paragraph. 8 in relation to a transfer from scotland, references in this regulation to the secretary of state are to be read as references to the scottish ministers. restrictions on prosecution and detention for other matters 56 1 this regulation applies where an eu prisoner ("the transferred person") is transferred to the united kingdom pursuant to a warrant issued under regulation 55. 2 whilst in the united kingdom, the transferred person must not be prosecuted or detained or subjected to any other restriction of personal liberty in relation to conduct which - a occurred before the person's departure from the issuing state, and b was not specified in the european investigation order. 3 paragraph (2) ceases to apply if the transferred person is released from custody whilst in the united kingdom, and - i having been informed that his or her presence in the united kingdom is no longer required, remains here after the expiry of the relevant period, or ii having left, returns. 4 the relevant period is 15 days beginning with the day after the transferred person is informed that his or her presence in the united kingdom is no longer required or, if later, the day after the transferred person is released from custody. time spent by uk prisoner in custody overseas 57 1 this regulation applies where a prisoner ("p") is transferred to the issuing state pursuant to a warrant issued under regulation 54. 2 any period of time spent in custody outside the united kingdom pursuant to the european investigation order must be treated for all purposes as if p had spent that period in custody in the place in the united kingdom where p is liable to be detained pursuant to the sentence or order to which p is subject. 3 where p is serving a sentence and, prior to being returned to the united kingdom, ceases to be in custody at a time when p is liable to be detained pursuant to the sentence or order to which p is subject, p must be deemed for all purposes to be unlawfully at large. part 4 miscellaneous interception of telecommunications where no technical assistance is needed 58 1 this regulation applies where - a a person in the united kingdom has lawful authority to intercept telecommunications for the purposes of carrying out an investigative measure; b it appears to that person that the communication address of the subject of the interception is being used on the territory of a participating state, and c no technical assistance from that state is needed to carry out the interception. 2 the person must notify the participating state of the interception - a prior to the interception taking place, where the person knows that the subject is or will be on the territory of the participating state; b in any other case, immediately after the person becomes aware that the subject of the interception is or has been during the period to which the interception relates, on the territory of the participating state. 3 notification under paragraph (2) must - a be given using the form set out at annex c to the directive, and b be accompanied by a translation into the language notified by the participating state under article 33(1)(b) of the directive (if that language is not english). designation of the directive for the purposes of the investigatory powers act 2016 59 the directive is designated as an eu mutual assistance instrument for the purposes of section 10 of the investigatory powers act 2016 (see paragraph (c) of the definition of "eu mutual assistance instrument" in subsection (3) of that section). uk authority's duty to reimburse participating state for compensation paid 60 if - a an officer of an authority in the united kingdom ("the uk authority") assists, in the territory of a participating state, in the execution of a european investigation order made or validated under part 2 of these regulations; b whilst assisting in the execution of the order, that officer causes damage to any person, and c the participating state or any authority of that state ("the compensator") is required, in accordance with the directive, to pay compensation to any person for such damage, the uk authority must pay to the compensator, on request and on the provision of satisfactory evidence, an amount equivalent to the sum paid by the compensator in respect of that damage. rules of court 61 1 rules of court may make provision as to the practice and procedure to be followed in connection with proceedings under these regulations. 2 the power to make rules of court under this regulation does not prejudice any existing power to make rules. nick hurd minister of state home office 5th july 2017

citation and commencement 1 this order may be cited as the legal aid, sentencing and punishment of offenders act 2012 (alcohol abstinence and monitoring requirements) piloting (amendment) order 2017 and comes into force on 31st march 2017. amendment to the legal aid, sentencing and punishment of offenders act 2012 (alcohol abstinence and monitoring requirements) piloting order 2016 2 in article 4(1) (period for which section 76 of the act is in force) of the legal aid, sentencing and punishment of offenders act 2012 (alcohol abstinence and monitoring requirements) piloting order 2016 , for "2017" substitute "2018". sam gyimah parliamentary under secretary of state ministry of justice 1st march 2017

part 1 general citation and commencement 1 these regulations may be cited as the central securities depositories regulations 2017 and come into force on 28th november 2017. part 2 amendments to the financial services and markets act 2000 amendments to the financial services and markets act 2000 2 1 the financial services and markets act 2000 is amended as follows. 2 in section 3a (meaning of "regulator"), in subsection (3)(b) for "recognised investment exchanges and clearing houses" substitute "recognised investment exchanges, clearing houses and csds". 3 in section 55g (giving permission: special cases), in subsection (3)(a) omit "any of subsections (2) to (3c) of". 4 in section 128 (suspension of investigations) - a in subsection (1) for "or recognised clearing house" substitute ", recognised clearing house or recognised csd"; b in subsections (1)(a) and (b) and (2)(a) for "or clearing house" substitute ", clearing house or central securities depository". 5 in section 133 (proceedings before tribunal: general provision) - a after subsection (1) insert - 1a for the purposes of this section, in the case of a reference to the tribunal under section 290(4a) (which relates to an application by a central securities depository under section 288a), the failure by the bank of england to make a decision is treated as a decision to refuse the application (and accordingly is treated as falling within subsection (1)(b)). ; b in subsection (7a)(m), after "312e" insert "or 312fa" and after "312f" insert "or 312fa". 6 in section 192b (meaning of "qualifying parent undertaking"), in subsection (3) for "or a recognised clearing house" substitute ", a recognised clearing house or a recognised csd". 7 in section 192f (consultation between regulators), in subsection (3) after "recognised clearing house" insert "or a recognised csd". 8 for the heading of part 18 substitute "recognised investment exchanges, clearing houses and csds". 9 in section 285 (exemption for recognised investment exchanges and clearing houses) - a for the heading substitute "exemption for recognised bodies etc. "; b in subsection (1) - i omit "and" after paragraph (c); ii after paragraph (d) insert - e "recognised csd" means a central securities depository in relation to which a recognition order is in force; f " eea csd" means a person established in an eea state other than the united kingdom who has been authorised by the competent authority of that state as a central securities depository pursuant to article 16 of the csd regulation ; and g "third country csd" means a central securities depository established in a state which is not an eea state which has been recognised by esma pursuant to article 25 of the csd regulation. ; c after subsection (3c) insert - 3d a recognised csd is exempt from the general prohibition as respects any regulated activity which is carried on for the purposes of, or in connection with - a the core services listed in section a of the annex to the csd regulation which the central securities depository is authorised to provide pursuant to article 16 or 19(1)(a) or (c) of that regulation, or b any non-banking-type ancillary services listed in or permitted under section b of that annex which the central securities depository is authorised to provide, including services notified under article 19 of the csd regulation. 3e an eea csd is exempt from the general prohibition as respects any regulated activity which is carried on for the purposes of, or in connection with, the services and activities covered by its authorisation granted pursuant to article 16 of the csd regulation (including additional services authorised or notified under article 19 of that regulation). 3f but where article 23(2) of the csd regulation applies to an eea csd, the eea csd is exempt from the general prohibition as mentioned in subsection (3e) only if article 23(6) of that regulation is complied with. 3g a third country csd is exempt from the general prohibition as respects any regulated activity which is carried on for the purposes of, or in connection with, the services and activities covered by its recognition by esma pursuant to article 25 of the csd regulation. 3h but a recognised csd, an eea csd or a third country csd is not exempt from the general prohibition as respects any regulated activity which is carried on for the purposes of, or in connection with, any banking-type ancillary service listed in or permitted under section c of the annex to the csd regulation. . 10 in section 285a (powers exercisable in relation to recognised investment exchanges and clearing houses) - a for the heading substitute "powers exercisable in relation to recognised bodies"; b in subsection (2), after "recognised clearing houses" insert ", recognised csds and eea csds"; c in subsection (3) - i in paragraph (a) for "investment exchanges and clearing houses" substitute "bodies"; ii in paragraph (c) after "recognised clearing houses" insert "and recognised csds". 11 in section 286 (qualification for recognition) - a in subsection (1)(a) for "or clearing house" substitute ", clearing house or central securities depository"; b in subsection (2) for "or clearing house" substitute ", clearing house or central securities depository"; c in subsection (3) for "or clearing house", in both places, substitute ", clearing house or central securities depository". 12 in section 288 (application by a clearing house), before subsection (1) insert - a1 this section applies only in relation to an application by a clearing house. . 13 after section 288 insert - application by a central securities depository 288a where a legal person which is established in the united kingdom intends - a to operate a securities settlement system referred to in point (3) of section a of the annex to the csd regulation, and b to provide at least one other core service listed in section a of that annex, it may apply to the bank of england in accordance with article 17 of the csd regulation and any directly applicable eu regulation made under that article for an order granting authorisation for the purposes of article 16 of that regulation and declaring it to be a recognised csd for the purposes of this act. . 14 in section 289 (applications: supplementary), after subsection (4) insert - 5 in relation to an application under section 288a, this section applies only in relation to information which the bank of england may require in connection with recognition requirements which do not derive from the csd regulation or any directly applicable eu regulation made under the csd regulation. . 15 in section 290 (recognition orders) - a in subsection (1) - i omit "or" at the end of paragraph (b); ii after paragraph (c) insert - ; or d where the application is made under section 288a, make a recognition order (a "csd recognition order") granting authorisation for the purposes of article 16 of the csd regulation and declaring the applicant to be a recognised csd. ; b after subsection (1d) insert - 1e a csd recognition order must specify - a the core services listed in section a of the annex to the csd regulation which the applicant is authorised to provide pursuant to article 16 or 19(1)(a) or (c) of that regulation, and b any non-banking-type ancillary services listed in or permitted under section b of that annex which the applicant is authorised to provide, including services notified under article 19 of the csd regulation. 1f a csd recognition order must also record the terms of any of the following authorisations granted to the csd under the csd regulation or notifications made by the csd under that regulation - a an authorisation under article 19(1) of the csd regulation to outsource a core service under article 30 of that regulation, b an authorisation under article 19(1)(d) of the csd regulation (settlement of cash leg of securities settlement system in the books of another settlement agent), c an authorisation under article 19(1)(e) of the csd regulation (setting up interoperable link), d a notification under article 19(5) of the csd regulation (other csd links), e an authorisation under article 54 or 56 of the csd regulation to provide (in accordance with article 54(2)(a) or (b)) any banking-type ancillary service listed in or permitted under section c of the annex to that regulation, and f an authorisation to provide investment services and activities in addition to the services explicitly listed in sections a and b of the annex to the csd regulation. ; c after subsection (4) insert - 4a if the bank of england has not made a decision in relation to an application under section 288a within six months of that application being complete, the applicant may refer the matter to the tribunal. 4b for the purposes of subsection (4a), an application is "complete" when the bank of england informs the applicant that it is complete pursuant to article 17(3) of the csd regulation. ; d after subsection (5) insert - 5a section 298 has effect in relation to a decision to refuse an application under section 288a - a as it has effect in relation to a decision to make a revocation order under section 297(1b); and b as if references to a recognised body were references to the applicant. . 16 after section 290za (variation of central counterparty recognition order) insert - variation of csd recognition order 290zb 1 where the bank of england - a grants an authorisation in accordance with article 19(1), 54 or 56 of the csd regulation, b receives a notification under article 19 of that regulation, or c decides to withdraw authorisation for a service, activity or financial instrument in accordance with article 20(4) or 57(4) of that regulation, the bank of england must vary the csd recognition order accordingly. 2 where an authorisation to provide investment services and activities in addition to the services explicitly listed in sections a and b of the annex to the csd regulation is granted, varied or withdrawn, the bank of england must vary the csd recognition order accordingly. 3 the bank of england may at any time vary a csd recognition order for the purpose of correcting an error in, or omission from, the order. . 17 in section 290a (refusal of recognition on ground of excessive regulatory provision), in subsection (6) for "or a recognised central counterparty" substitute ", a recognised central counterparty or a recognised csd". 18 in section 293 (notification requirements) - a in subsection (3), after "this act" insert "or under directive 2016/1148/eu of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security network and information systems across the union "; b after subsection (5) insert - 5a in relation to a recognised csd, in subsection (5), "guidance" means guidance issued, or any recommendation made, in writing or other legible form and intended to have continuing effect, by the recognised csd to - a all or any class of its members, or b persons using or seeking to use its services, with respect to any of the services or activities specified in its recognition order. ; c after subsection (7) insert - 7a in subsections (1) and (2), "recognised body" includes an eea csd. . 19 in section 293a (information: compliance with eu requirements) - a the existing text becomes subsection (1); b after subsection (1) insert - 2 the bank of england may require an eea csd which provides any services referred to in the annex to the csd regulation in the united kingdom to give the bank reports on those services and statistical information relating to those services, at such times or in respect of such periods as may be specified by the bank. 3 a requirement under subsection (2) extends only to information which the bank may reasonably require for the exercise of its functions under the csd regulation or any directly applicable eu regulation made under the csd regulation. . 20 in section 294 (modification or waiver of rules), after subsection (6) insert - 7 in this section, "recognised body", in relation to rules made under section 293, includes an eea csd. . 21 after section 295 (notification: overseas investment exchanges and overseas clearing houses) insert - on-site inspection of eea csds 295a 1 for the purposes of article 24(1) of the csd regulation (co-operation in relation to branches of eea csds), the bank of england may, on giving reasonable notice and at any reasonable time, carry out an on-site inspection of any branch maintained by an eea csd in the united kingdom. 2 before carrying out an on-site inspection under subsection (1), the bank of england must inform the competent authority of the eea state in which the eea csd is established. 3 the bank of england's power under subsection (1) is enforceable, on the application of the bank of england, by an injunction or, in scotland, by an order for specific performance under section 45 of the court of session act 1988 . . 22 in section 296 (appropriate regulator's power to give directions) - a in subsection (1a), after "on it by" insert "or under"; b after subsection (1a) insert - 1b this section also applies in the circumstances described in the second sub-paragraph of article 24(5) of the csd regulation if it appears to the bank of england that it is appropriate to give a direction to an eea csd in relation to any services referred to in the annex to the csd regulation which the eea csd provides in the united kingdom, in order to ensure its compliance with obligations arising from the csd regulation or any directly applicable eu regulation made under the csd regulation. ; c in subsection (2), for "the body" substitute "the recognised body or eea csd"; d after subsection (2a) insert - 2b in the case of an eea csd, the steps mentioned in subsection (2) may include - a the granting to the bank of england of access to any premises of the eea csd situated in the united kingdom for the purpose of inspecting - i those premises; or ii any documents on the premises which appear to the bank of england to be relevant for the purpose mentioned in subsection (2)(b); b the suspension for the period specified in the direction of the carrying on in the united kingdom by the eea csd of any activity in respect of which the eea csd is exempt from the general prohibition. . 23 in section 297 (revoking recognition) - a after subsection (1a) insert - 1b a csd recognition order may be revoked by an order made by the bank of england in accordance with article 20 of the csd regulation. ; b in subsections (2), (2a) and (2d) after "recognised central counterparty" insert "or a recognised csd". 24 in section 298 (directions and revocation: procedure) - a in subsection (1), for "297(2)," substitute "297(1b), (2),"; b in subsection (6), after paragraph (a) insert - and aa in the case of a direction under section 296 given to a recognised csd or an eea csd or a revocation order under section 297(1b), give the recognised csd or eea csd reasons for its decision. ; c in subsection (6a), after paragraph (a) insert - aa gives any other direction under section 296 to a recognised csd; ab gives a direction under section 296 to an eea csd; ac makes a revocation order under section 297(1b); ; d after subsection (7) insert - 7a subsection (7) does not apply in relation to a direction given to a recognised csd or eea csd under section 296. 7b but in the circumstances described in the second sub-paragraph of article 24(5) of the csd regulation, the bank of england may give a direction to an eea csd under section 296 without following the procedure set out in subsections (1) to (5). ; e after subsection (8) insert - 9 in this section, "recognised body" includes an eea csd. . 25 in section 300 (extension of functions of tribunal) - a in subsection (1) - i omit "or" at the end of paragraph (a); ii after paragraph (b) insert - or c of one or more central securities depositories in relation to which a recognition order under that section is in force or of such central securities depositories generally. ; b in subsection (4), for "or clearing house" substitute ", clearing house or central securities depository". 26 in section 300e (power to disallow excessive regulatory provision: supplementary), in subsection (3) for "or recognised central counterparty" substitute ", recognised central counterparty or recognised csd". 27 in section 312e (public censure) - a after subsection (1) insert - 1a in the circumstances described in the second sub-paragraph of article 24(5) of the csd regulation, if the bank of england considers that an eea csd has contravened a relevant requirement imposed on it, it may publish a statement to that effect. ; b in subsection (3) - i in paragraph (a), after "recognised clearing house" insert ", a recognised csd or an eea csd"; ii in paragraph (c), after "imposed by" insert "or under". 28 in section 312f (financial penalties) - a the existing text becomes subsection (1); b after subsection (1) insert - 2 in the circumstances described in the second sub-paragraph of article 24(5) of the csd regulation, if the bank of england considers that an eea csd has contravened a relevant requirement imposed on it, it may impose on it a penalty, in respect of the contravention, of such amount as it considers appropriate. . 29 after section 312f (financial penalties) insert - central securities depositories: further disciplinary measures 312fa 1 if the bank of england considers that a contravention by a recognised csd of a relevant requirement occurred with the consent or connivance of, or was attributable to any neglect on the part of, a member of the management body or other person who effectively controls the business of the recognised csd, the bank of england may do one or both of the following - a publish a statement to that effect; b impose on that person a penalty, in respect of the contravention, of such amount as it considers appropriate. 2 if the bank of england considers that a member of the management body or other person who effectively controls the business of a recognised csd is responsible for a contravention by the central securities depository of a relevant requirement, it may do one or more of the following - a publish a statement to that effect; b impose on that person a penalty, in respect of the contravention, of such amount as it considers appropriate; c prohibit that person from holding an office or position involving responsibility for taking decisions about the management of the recognised csd. 3 a prohibition under subsection (2)(c) may apply - a for a specified period, b until further notice, or c for repeated serious contraventions, permanently. 4 the bank of england may, on the application of the person subject to a prohibition under subsection (2)(c), vary or revoke the prohibition. 5 in the circumstances described in the second sub-paragraph of article 24(5) of the csd regulation, this section applies in relation to an eea csd as it applies in relation to a recognised csd. . 30 in section 312g (proposal to take disciplinary measures) - a for subsection (1) substitute - 1 if the appropriate regulator proposes to impose a sanction - a on a recognised body under section 312e or 312f, or b on a person under section 312fa, it must give the body or person (as the case may be) a warning notice. ; b after subsection (3) insert - 4 a warning notice about a proposal to impose a prohibition must specify the extent of the prohibition. 5 in this section, "recognised body" includes an eea csd. . 31 in section 312h (decision notice) - a for subsection (1) substitute - 1 if the appropriate regulator decides to impose a sanction - a on a recognised body under section 312e or 312f, or b on a person under section 312fa, it must give the body or person (as the case may be) a decision notice. ; b after subsection (3) insert - 3a in the case of a prohibition, the decision notice must specify the extent of the prohibition. 3b the sanction which the appropriate regulator decides to impose may differ from that proposed in the warning notice. ; c for subsection (4) substitute - 4 if the appropriate regulator decides to impose a sanction - a on a recognised body under section 312e or 312f, or b on a person under section 312fa, the body or person (as the case may be) may refer the matter to the tribunal. ; d after subsection (4) insert - 5 in this section, "recognised body" includes an eea csd. . 32 in section 312i (publication) - a after "section 312e" insert "or 312fa"; b in paragraph (a) after "recognised body" insert ", eea csd or person". 33 in section 312j (statement of policy) - a in subsection (1) - i in paragraph (a) for "section 312f" substitute "sections 312f and 312fa and prohibitions under section 312fa"; ii omit "and" after paragraph (a); iii in paragraph (b) for "that section" substitute "those sections"; iv after paragraph (b) insert - ; and c the period for which prohibitions under section 312fa are to have effect. ; b in subsection (2) - i after "penalty should be" insert ", or what the period for which a prohibition is to have effect should be,"; ii omit "and" after paragraph (a); iii after paragraph (b) insert - ; and c whether the person against whom action is to be taken is an individual. ; c in subsection (5) after "section 312f" insert "or 312fa". 34 in section 313 (interpretation of part 18) - a in subsection (1) - i in the definition of "application", for "or 288" substitute ", 288 or 288a"; ii in the definition of "applicant", for "body corporate or unincorporated association which" substitute "person who"; iii in the definition of "recognised body", for "or a recognised clearing house" substitute ", a recognised clearing house or a recognised csd"; iv at the appropriate places insert - "csd recognition order" means a recognition order made under section 290(1)(d); "eea csd" has the meaning given in section 285; "recognised csd" has the meaning given in section 285; ; b after subsection (1) insert - 1a for the purposes of this part, a clearing house does not include a central securities depository. ; c in subsection (2), after "clearing house", in both places, insert "or central securities depository". 35 in section 345 (disciplinary measures: fca), in subsection (5) after "recognised clearing house" insert "or a recognised csd". 36 in section 410 (international obligations), in subsection (4) after paragraph (d) insert - da any recognised csd; . 37 in section 410a (fees to meet certain expenses of the treasury), in subsection (8)(c) after "recognised clearing houses" insert "and recognised csds". 38 in section 417 (definitions), in subsection (1) - a after the definition of the "capital requirements regulation" insert - "central securities depository" has the meaning given by point (1) of article 2(1) of the csd regulation; ; b in the definition of "exempt person" omit "any of subsections (2) to (3c) of section"; c in the definition of "recognised clearing house" and "recognised investment exchange" before ""recognised clearing house"" insert ""recognised csd",". 39 in schedule 17a (further provision in relation to the exercise of part 18 functions by the bank of england) - a in paragraph 7 after "recognised clearing house" insert "or a recognised csd"; b in paragraph 10(2) after "recognised clearing house" insert ", an eea csd or a recognised csd"; c in paragraph 11, in sub-paragraph (1) - i after paragraph (a) insert - aa a recognised csd; ab an eea csd, in relation to any services referred to in the annex to the csd regulation which the eea csd provides in the united kingdom, in the circumstances described in article 24(4) or (5) of the csd regulation; ; ii in paragraph (b) after "recognised clearing house" insert ", a recognised csd or an eea csd (as the case may be)"; d in paragraph 12, after "recognised clearing house" insert ", a recognised csd or an eea csd"; e in paragraph 13 - i in sub-paragraph (1) after "overseas clearing house" insert "or to any recognised csd"; ii after sub-paragraph (1) insert - 1a in relation to an eea csd, those powers are exercisable only in the circumstances described in article 24(4) or (5) of the csd regulation and in relation to any services referred to in the annex to the csd regulation which the eea csd provides in the united kingdom. ; f in paragraph 14, in sub-paragraph (2) - i in paragraphs (a) to (e) after "clearing house" insert "or a central securities depository"; ii after paragraph (e) insert - f in the circumstances described in article 24(4) or (5) of the csd regulation, an eea csd providing any services referred to in the annex to the csd regulation in the united kingdom may have contravened the csd regulation. ; g in paragraph 17 - i in sub-paragraph (2) after "overseas clearing house" insert "or to a recognised csd"; ii in sub-paragraph (3)(a) and (c) after "recognised clearing houses" insert "or recognised csds"; iii in sub-paragraph (4) after "recognised clearing house" insert "or a recognised csd"; h in paragraph 18 - i after "recognised clearing house", in each place, insert "or a recognised csd"; ii in sub-paragraph (2), for "or the emir regulation" substitute ", the emir regulation or the csd regulation"; i in paragraph 19 - i after "a recognised clearing house" , in each place, insert "or a recognised csd"; ii in sub-paragraph (2)(a), for "or the emir regulation" substitute ", the emir regulation or the csd regulation"; iii in sub-paragraph (2)(b), after "the recognised clearing house" insert "or the recognised csd"; j in paragraph 20 after "recognised clearing house" , in each place, insert "or a recognised csd"; k in paragraph 21 after "recognised clearing house" , in both places, insert "or a recognised csd"; l in paragraph 22 after "recognised clearing house" insert "or a recognised csd"; m in paragraph 23(1) after "recognised clearing houses" insert "or recognised csds"; n in paragraph 24(2) after "recognised clearing house" insert "or a recognised csd"; o in paragraph 25 - i the existing text becomes sub-paragraph (1); ii after sub-paragraph (1) insert - 2 in the case of any regulated activity which is carried on for the purposes of, or in connection with, the provision of any service mentioned in section 285(3d), the reference to the fca in section 375(1) is to be read as including a reference to the bank. . p in paragraph 26(2)(a) after "recognised clearing house" insert ", a recognised csd or an eea csd (and for this purpose a prohibition imposed under section 312fa(2)(c) (prohibition on person holding office etc. with a central securities depository) is treated as a requirement)"; q in paragraph 28 - i in sub-paragraph (2), in the words before paragraph (a), after "recognised clearing house" insert ", a recognised csd or an eea csd"; ii in sub-paragraph (2), in paragraph (a), after "recognised clearing house" insert ", the recognised csd or the eea csd"; iii in sub-paragraph (4)(a) after "recognised clearing house" insert ", the recognised csd or the eea csd"; r in paragraph 30(a) after "recognised clearing house" insert ", a recognised csd or an eea csd"; s in paragraph 32 after "recognised clearing houses" insert ", recognised csds and eea csds"; t in paragraph 33(a) after "recognised clearing houses" insert ", recognised csds and eea csds"; u in paragraph 34 - i after "a recognised clearing house", in each place, insert "or a recognised csd"; ii in sub-paragraph (5)(c) after "the recognised clearing house" insert "or the recognised csd"; iii in sub-paragraph (8) after "recognised clearing house's" insert "or a recognised csd's"; v in paragraph 35 - i in sub-paragraph (1) after "recognised clearing house" insert "or a recognised csd"; ii in sub-paragraph (2) - aa omit "and" at the end of paragraph (b); bb at the beginning of paragraph (c) insert "in the case of a company which is, or has been, a recognised clearing house,"; cc insert "and" at the end of paragraph (c); dd after paragraph (c) insert - d in the case of a company which is, or has been, a recognised csd, maintaining the continuity of the services referred to in section 285(3d). ; w in paragraph 36 - i in sub-paragraph (1) for "or third country central counterparties" substitute ", third country central counterparties, recognised csds, eea csds or settlement internalisers (as defined in point (11) of article 2(1) of the csd regulation)"; ii in sub-paragraph (3) - aa omit "or" at the end of paragraph (a); bb insert "or" at the end of paragraph (b); cc after paragraph (b) insert - c in preparation for the exercise of functions by the bank under article 9(1) of the csd regulation. . part 3 amendments to part 7 of the companies act 1989 amendments to part 7 of the companies act 1989 3 1 the companies act 1989 is amended as follows. 2 for the italic heading before section 155 substitute "recognised bodies". 3 in section 155 (market contracts) - a in subsection (1)(d), for "(3)" substitute "(3za)"; b in subsection (2), in paragraphs (b) and (c) - i after "with a recognised clearing house" insert "or with a recognised csd"; ii for "or clearing house or other investment exchange" substitute "or recognised body"; c in subsection (2b)(d) - i after "with a recognised investment exchange" insert "or with a recognised csd"; ii for "that exchange or clearing house" substitute "that recognised body"; d in subsection (3), in paragraphs (a) and (b) - i after "with a recognised investment exchange" insert "or with a recognised csd"; ii for "or investment exchange or other clearing house" substitute "or recognised body"; e after subsection (3) insert - 3za in relation to a recognised csd, this part applies to contracts entered into by the central securities depository with a member of the central securities depository or with a recognised investment exchange or with a recognised clearing house or with another recognised csd for the purpose of providing authorised central securities depository services to that member or recognised body. ; f in subsection (3a) - i in paragraph (b) for "a recognised investment exchange or to another recognised clearing house" substitute "a recognised body"; ii in paragraph (c) for "a recognised clearing house or to another recognised investment exchange" substitute "a recognised body"; g after subsection (3c) insert - 3d in this part "authorised central securities depository services" means, in relation to a recognised csd - a the core services listed in section a of the annex to the csd regulation which that central securities depository is authorised to provide pursuant to article 16 or 19(1)(a) or (c) of the csd regulation; b the non-banking-type ancillary services listed in or permitted under section b of that annex which that central securities depository is authorised to provide, including services notified under article 19 of the csd regulation; and c the banking-type ancillary services listed in or permitted under section c of that annex which that central securities depository is authorised to provide pursuant to article 54(2)(a) of the csd regulation. ; h in subsection (4) for "a recognised investment exchange or recognised clearing house" substitute "a recognised body"; i in subsection (5), for "(2) and (3)" substitute "(2), (3), (3za) and (3d)". 4 in section 157 (change in default rules) - a in subsection (1) - i for "a recognised uk investment exchange or recognised clearing house" substitute "a recognised body"; ii for "the exchange or clearing house" substitute "the recognised body"; b in subsection (3) for "an exchange or clearing house" substitute "a recognised body"; c in subsection (4)(b) after "recognised clearing house" insert "or a recognised csd". 5 in section 158 (modifications of the law of insolvency) - a in subsection (1)(b) for "a recognised investment exchange, or a recognised clearing house which is not a recognised central counterparty" substitute "a recognised body other than a recognised central counterparty"; b in subsection (2) - i omit "and" at the end of paragraph (aa); ii after paragraph (aa) insert - ab proceedings in respect of a recognised csd or a member of a recognised csd, and ; iii in paragraph (b) for "a recognised investment exchange or recognised clearing house" substitute "a recognised body". 6 in section 159 (proceedings of exchange or clearing house take precedence over insolvency procedures) - a for the heading substitute "proceedings of recognised bodies take precedence over insolvency procedures"; b in subsection (1)(b) for "a recognised investment exchange or recognised clearing house" substitute "a recognised body"; c in subsection (1)(c) for "a recognised investment exchange, or of a recognised clearing house which is not a recognised central counterparty," substitute "a recognised body other than a recognised central counterparty"; d in subsection (2)(a) for "a recognised investment exchange, or recognised clearing house which is not a recognised central counterparty," substitute "a recognised body other than a recognised central counterparty"; e in subsection (2)(b) for "a recognised investment exchange, or clearing house which is not a recognised central counterparty" substitute "a recognised body other than a recognised central counterparty". 7 in section 160 (duty to give assistance for purposes of default proceedings) - a in subsections (1) and (5) for "a recognised investment exchange or recognised clearing house" substitute "a recognised body"; b in subsections (3), (4) and (5) for "the exchange or clearing house" substitute "the recognised body". 8 in section 161 (supplementary provisions as to default proceedings) - a in subsection (2) for "the exchange or clearing house" substitute "the recognised body"; b in subsection (4) for "an exchange or clearing house" substitute "a recognised body". 9 in section 162 (duty to report on completion of default proceedings) - a in subsection (1) for "a recognised investment exchange or recognised clearing house" substitute "a recognised body"; b in subsections (2) and (3) for "the exchange or clearing house" substitute "the recognised body"; c in subsection (5) for "an exchange or clearing house" substitute "a recognised body"; d in subsection (6) for "the exchange or clearing house", in both places, substitute "the recognised body"; e in subsection (7)(b) after "in relation to a" insert "recognised csd, a". 10 in section 163 (net sum payable on completion of default proceedings), in subsections (1) and (5), for "a recognised investment exchange or recognised clearing house" substitute "a recognised body". 11 in section 164 (disclaimer of property, rescission of contracts, &c) - a in subsection (1)(b) for "the exchange or clearing house" substitute "the recognised body"; b in subsection (3) for "the exchange or clearing house", in each place, substitute "the recognised body"; c in subsection (5) - i for "a recognised investment exchange or recognised clearing house" substitute "a recognised body"; ii for "an exchange or clearing house" substitute "a recognised body". 12 in section 165 (adjustment of prior transactions) - a in subsections (3)(a) and (5)(a), (b) and (c) for "recognised investment exchange or recognised clearing house" substitute "recognised body"; b in subsection (4)(b) and (c) for "the exchange or clearing house" substitute "the recognised body". 13 in section 166 (powers to give directions) - a in subsection (1) after "recognised clearing house" insert "or recognised csd"; b in subsections (2) and (7) for "an exchange or clearing house" substitute "a recognised body"; c in subsections (3), (7a) and (7b) for "exchange or clearing house" substitute "recognised body"; d in subsection (8) for "an exchange, a clearing house" substitute "a recognised body"; e in subsection (9)(b) after "in relation to a" insert "recognised csd, a". 14 in section 167 (application to determine whether default proceedings to be taken) - a in subsection (1) - i omit "or" at the end of paragraph (b); ii after paragraph (b) insert - ba a recognised csd or a member of a recognised csd, or ; iii in the words after paragraph (c) for "the investment exchange, member, designated non-member clearing house or client" substitute "the person referred to in paragraphs (a) to (c)"; b in subsection (1b) for "a recognised investment exchange or a recognised clearing house" substitute "a recognised body"; c in subsections (1b), (2), (3), (4) and (5) for "the responsible exchange or clearing house", in each place, substitute "the responsible recognised body"; d for subsection (6) substitute - 6 "the appropriate regulator" - a in relation to a recognised investment exchange, means the fca, and b in relation to a recognised clearing house or recognised csd, means the bank of england. . 15 in section 169 (supplementary provisions) - a after subsection (2) insert - 2a section 296 of the financial services and markets act 2000 applies in relation to a failure by a recognised csd to comply with an obligation under this part as to a failure to comply with an obligation under that act. ; b in subsection (3) for "an investment exchange or clearing house" substitute "an investment exchange, clearing house or central securities depository"; c in subsection (3a) - i omit "and" at the end of paragraph (b); ii after paragraph (c) insert - , and d in the case of a central securities depository, the bank of england. . 16 in section 170a (eea central counterparties and third country central counterparties), in subsection (1)(f), for "and clearing houses" substitute ", clearing houses and central securities depositories". 17 after section 170b insert - eea csds and third country csds 170c 1 this part applies to transactions settled through an eea csd or a third country csd by a uk member of the central securities depository as it applies to transactions settled through a recognised csd, but subject to subsections (2), (3) and (4). 2 the definition of "authorised central securities depository services" in section 155(3d) applies to third country csds as if it read - "authorised central securities depository services" means, in relation to a third country csd, those services which that central securities depository is authorised to provide that are equivalent to the services listed in the annex to the csd regulation. . 3 section 157 does not apply to an eea csd or a third country csd. 4 section 162 does not apply to an eea csd or a third country csd unless it has been notified by the bank of england that a report under that section is required for the purposes of insolvency proceedings in any part of the united kingdom. where an eea csd or a third country csd has been so notified, the appropriate regulator for the purposes of section 162 shall be the bank of england. 5 in this section "uk member" means a member of an eea csd or a third country csd to which the law of a part of the united kingdom will apply for the purposes of an insolvent reorganisation or winding up. . 18 in section 172 (settlement arrangements provided by the bank of england), in subsection (1), for "a recognised investment exchange or recognised clearing house" substitute "a recognised body". 19 in section 173 (market charges) - a in subsection (1) - i omit "or" at the end of paragraph (b); ii after paragraph (b) insert - ba in favour of a recognised csd, for the purpose of securing debts or liabilities arising in connection with their ensuring the performance of market contracts, or ; b in subsections (2) and (4) after "(b)" insert ", (ba)". 20 in section 176 (power to make provision about certain other charges) - a in subsection (2), after paragraph (a) insert - aa an eea csd or a third country csd, ; b in subsection (3) - i after "clearing services" insert "or settlement arrangements"; ii at the end insert ", or in connection with authorised central securities depository services (see section 155(3d)) provided by a recognised csd"; c in subsection (6) after "clearing services" insert "or settlement arrangements". 21 in section 177 (application of margin or default fund contribution not affected by certain other interests) - a in subsection (1) for "a recognised investment exchange or recognised clearing house" substitute "a recognised body"; b in subsections (1) (2), (3) and (4) for "the exchange or clearing house", in each place, substitute "the recognised body"; c in subsection (4) for "an exchange or clearing house" substitute "a recognised body". 22 in section 180 (proceedings against market property by unsecured creditors), in subsection (1) - a for "a recognised investment exchange or recognised clearing house" substitute "a recognised body"; b in paragraph (a) for "the investment exchange or clearing house" substitute "the recognised body". 23 in section 184 (indemnity for certain acts, &c) - a in subsections (1), (2), (3) and (5) for "recognised investment exchange or recognised clearing house", in each place, substitute "recognised body"; b in subsection (4) for "the exchange or clearing house" substitute "the recognised body". 24 in section 188 (meaning of "default rules" and related expressions) - a in subsection (1) - i for "recognised investment exchange or recognised clearing house", in both places, substitute "recognised body"; ii for "the exchange or clearing house" substitute "the recognised body"; b after subsection (1a) insert - 1b in the case of a recognised csd, "default rules" includes the default rules and procedures referred to in article 41 of the csd regulation. ; c in subsections (2) and (3) for "a recognised investment exchange or recognised clearing house" substitute "a recognised body"; d in subsection (3a) - i for paragraph (c)(i) substitute - i is maintained by another recognised body (a) for the purpose of covering losses arising in connection with defaults by recognised bodies other than a or by any of their members, and ; ii omit "or" at the end of paragraph (c); iii for paragraph (d)(i) substitute - i is maintained by another recognised body (a) for the purpose of covering losses arising in connection with defaults by recognised bodies other than a or by any of their members, and ; iv after paragraph (d) insert - e contribution by a member of a recognised csd to a fund which - i is maintained by that central securities depository for the purpose of covering losses arising in connection with defaults by any of the members of the central securities depository, and ii may be applied for that purpose under the default rules of the central securities depository; or f contribution by a recognised csd to a fund which - i is maintained by another recognised body (a) for the purpose of covering losses arising in connection with defaults by recognised bodies other than a or by any of their members, and ii may be applied for that purpose under a's default rules. ; e in subsection (4) for "an exchange or clearing house" substitute "a recognised body". 25 in section 190 (minor definitions), in subsection (1) - a insert at the appropriate places - "csd regulation" means regulation (eu) no 909/2014 of the european parliament and of the council of 23 july 2014 on improving securities settlement in the european union and on central securities depositories; ; "member", in relation to a central securities depository, means a participant of that central securities depository as defined in article 2(1)(19) of the csd regulation; ; "recognised body" has the same meaning as in section 313 of the financial services and markets act 2000; ; b in the definition of "overseas", after "clearing house" insert "or central securities depository"; c for the definition of ""recognised central counterparty", "recognised clearing house" and "recognised investment exchange"" substitute - "eea csd", "recognised central counterparty", "recognised csd", "recognised clearing house", "recognised investment exchange" and "third country csd" have the same meaning as in the financial services and markets act 2000 (see section 285 of that act); . 26 in section 191 (index of defined expressions) in the table - a insert at the appropriate places - authorised central securities depository services section 155(3d) csd regulation section 190(1) eea csd section 190(1) member (in relation to a central securities depository) section 190(1) recognised body section 190(1) recognised csd section 190(1) third country csd section 190(1) ; b in the expression "overseas" for "and clearing houses" substitute ", clearing houses and central securities depositories". part 4 amendments to the financial services and markets act 2000 (recognition requirements for investment exchanges and clearing houses) regulations 2001 amendments to the financial services and markets act 2000 (recognition requirements for investment exchanges and clearing houses) regulations 2001 4 1 the financial services and markets act 2000 (recognition requirements for investment exchanges and clearing houses) regulations 2001 are amended as follows. 2 in the title and in regulation 1 (citation) for "and clearing houses" substitute ", clearing houses and central securities depositories". 3 in regulation 3 (interpretation), in paragraph (1) in the definition of "exempt activities" after "(3a)" insert "or (3d)". 4 after regulation 5a (recognition requirements for central counterparties) insert - recognition requirements for central securities depositories 5b part 7 of the schedule sets out recognition requirements applying to bodies in respect of which a recognition order has been made under section 290(1)(d) of the act, or which have applied for such an order under section 288a of the act. . 5 in regulation 6 (method of satisfying recognition requirements), after paragraph (3) insert - 4 this regulation does not apply in respect of a recognised csd or an applicant for an order under section 288a of the act. . 6 in the schedule - a in part 1 (recognition requirements for investment exchanges), after paragraph 9i insert - reporting of infringements 9j 1 the exchange must have in place appropriate procedures for its employees to report actual or potential infringements of the csd regulation and any directly applicable eu regulation made under that regulation internally through a specific, independent and autonomous channel. 2 the protections set out in points (b), (c) and (d) of article 65(2) of that regulation (reporting of infringements) must be applied in relation to those procedures. ; b in part 2 (recognition requirements for investment exchanges: default rules in respect of market contracts) - i in paragraph 10 - aa in sub-paragraph (4), after "recognised clearing house" insert ", a recognised csd"; bb in sub-paragraph (5), after "clearing house" insert ", the central securities depository"; ii in paragraph 14 , after "recognised clearing house" insert ", a recognised csd"; c in part 4 (recognition requirements applying to clearing houses: default rules in respect of market contracts) - i in paragraph 24 - aa in sub-paragraph (3), after "recognised investment exchange" insert ", a recognised csd"; bb in sub-paragraph (4), after "investment exchange" insert ", the central securities depository"; ii in paragraph 27 , after "recognised investment exchange" insert ", a recognised csd"; d in part 5 (recognition requirements for central counterparties), after paragraph 31 insert - reporting of infringements 31a 1 the central counterparty must have in place appropriate procedures for its employees to report actual or potential infringements of the csd regulation and any directly applicable eu regulation made under that regulation internally through a specific, independent and autonomous channel. 2 the protections set out in points (b), (c) and (d) of article 65(2) of that regulation (reporting of infringements) must be applied in relation to those procedures. ; e after part 6 (recognition requirements applying to central counterparties: default rules) insert - part 7 recognition requirements for central securities depositories requirements of the csd regulation 37 the central securities depository must meet the requirements set out in the csd regulation and any directly applicable eu regulation made under that regulation. access to settlement facilities 38 1 the central securities depository must make transparent and non-discriminatory rules, based on objective criteria, governing access to settlement facilities provided by it. 2 the rules under sub-paragraph (1) must enable an investment firm or a credit institution authorised by the competent authority of another eea state (including a branch established in the united kingdom of such a firm or institution) to have access to those facilities on the same terms as a uk firm for the purposes of finalising or arranging the finalisation of transactions in financial instruments. reporting of infringements 39 1 the central securities depository must have in place appropriate procedures for its employees to report actual or potential infringements of the csd regulation and any directly applicable eu regulation made under that regulation internally through a specific, independent and autonomous channel. 2 the protections set out in points (b), (c) and (d) of article 65(2) of that regulation (reporting of infringements) must be applied in relation to those procedures. investment services and activities 40 1 a central securities depository providing investment services and activities in addition to the services explicitly listed in sections a and b of the annex to the csd regulation must comply with - a directive 2014/65/eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments (recast) except for articles 5 to 8, 9(1), (2) and (4) to (6) and 10 to 13 of that directive, and b regulation (eu) no 600/2014 of the european parliament and of the council of 15 may 2014 on markets in financial instruments . 2 until 3rd january 2018 - a the reference in sub-paragraph (1)(a) to articles 5 to 8, 9(1), (2) and (4) to (6) and 10 to 13 of directive 2014/65/eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments (recast) is to be read as a reference to articles 5 to 10b of directive 2004/39/ec of the european parliament and of the council of 21 april 2004 on markets in financial instruments , and b sub-paragraph (1)(b) does not apply. . part 5 amendments to the central securities depositories regulations 2014 amendments to the central securities depositories regulations 2014 5 1 the central securities depositories regulations 2014 are amended as follows. 2 before regulation 1 (commencement, citation and interpretation) insert - part 1 citation, commencement and interpretation . 3 in regulation 1 (interpretation) - a in paragraph (2) at the appropriate places insert - "credit institution" means credit institution (defined in point (1) of article 4(1) of regulation (eu) 575/2013 of the european parliament and of the council of 26 june 2013 on prudential requirements for credit institutions and investment firms ) authorised pursuant to article 8 of directive 2013/36/eu of the european parliament and of the council of 26 june 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms ; ; "eea csd" has the meaning given in section 285 of the act ; ; "third country csd" has the meaning given in section 285 of the act. ; b in paragraph (3) for "any expression" substitute "unless defined in these regulations, any expression". 4 after regulation 1 insert - part 2 designation of competent authorities . 5 in regulation 2 (designation of competent authorities) - a in paragraph (1) after sub-paragraph (b) insert - c the supervision of investment firms authorised pursuant to article 5 of the markets in financial instruments directive for the purposes of the csd regulation; d the supervision of participants in a securities settlement system for the purposes of the csd regulation, other than recognised clearing houses or recognised csds . ; b in paragraph (2) - i before sub-paragraph (a) insert - za the functions referred to in article 9(1) of the csd regulation; ; ii in sub-paragraph (a) after "csd regulation," insert "and all other competent authority functions under that regulation in relation to csds "; iii after sub-paragraph (a) insert - aa host member state competent authority functions under the csd regulation in relation to eea csds and third country csds; ; iv omit "and" at the end of sub-paragraph (b); v after sub-paragraph (c) insert - and d the supervision of ccps for the purposes of the csd regulation. . 6 after regulation 2 insert - part 3 powers of the fca . 7 in regulation 3 (power of fca to require information from a person who is not authorised) - a for paragraph (1) substitute - 1 in this regulation and in regulation 4 - "non-authorised counterparty" means a person, other than an authorised person or a recognised body, who is a party to a financial collateral arrangement referred to in the second sub-paragraph of article 3(2) of the csd regulation; "participant" means a participant in a securities settlement system as defined in article 2(1)(19) of the csd regulation, other than - an authorised person , or a recognised body. . b after paragraph (3) insert - 3a paragraph (3b) applies where a participant is subject to an obligation under article 38(5) and (6) of the csd regulation. 3b the fca may, by notice in writing, require the participant - a to provide specified information or information of a specified description; or b to provide specified documents or documents of a specified description, so that it can verify whether the participant has complied with article 38(5) and (6) of the csd regulation. . 8 in regulation 4 (penalties and statements) - a in paragraph (1) - i in sub-paragraph (a), after "non-authorised counterparty" insert ", participant"; ii in sub-paragraph (b), after "non-authorised counterparty" insert "or participant"; b in paragraph (2), after "non-authorised counterparty" insert ", participant". 9 after regulation 5 (procedure in relation to regulation 4) insert - part 4 powers of the bank power of the bank to require information 5a 1 this regulation applies where it is necessary for the bank to determine whether - a a settlement internaliser has complied with the first sub-paragraph of article 9(1) of the csd regulation or regulation 5n; or b a person is a settlement internaliser. 2 the bank may, by giving notice in writing, require a person - a to provide specified information or information of a specified description, or b to provide specified documents or documents of a specified description, so that it can verify whether the settlement internaliser has complied with the first sub-paragraph of article 9(1) of the csd regulation or regulation 5n, or whether the person is a settlement internaliser. 3 the information or documents must be provided or produced - a before the end of such reasonable period as may be specified; and b at such place as may be specified. 4 this regulation applies only to information and documents reasonably required in connection with the exercise by the bank of its functions under the csd regulation. 5 the bank may require any information provided under this regulation to be provided in such a form as it may reasonably require. 6 the bank may require - a any information provided, whether in a document or otherwise, to be verified in such a manner, or b any document produced to be authenticated in such a manner, as it may reasonably require. 7 a requirement imposed under this regulation is a relevant requirement for the purposes of sections 380 (injunctions) and 382 (restitution orders) of the act as applied to the bank by paragraphs 26 and 27 of schedule 17a to the act. 8 in this regulation, "specified" means specified in the notice. penalties and statements 5b 1 if the bank considers that - a a person has contravened a relevant requirement imposed on it; b a settlement internaliser has contravened a requirement imposed by or under the csd regulation; or c a settlement internaliser has contravened regulation 5n, the bank may publish a statement to that effect or impose on it a penalty, in respect of the contravention, of such amount as the bank considers appropriate. 2 if the bank considers that a person has in purported compliance with a relevant requirement knowingly or recklessly given the bank information which is false or misleading in a material particular, the bank may publish a statement to that effect or impose upon the person a penalty of such amount as it considers appropriate. 3 where the bank has published a statement or imposed a penalty under paragraph (1) or (2), it must comply with the requirements of article 62 of the csd regulation. 4 a penalty under paragraph (1) or (2) is payable to the bank. 5 the bank must in respect of each of its financial years pay to the treasury any amounts received by it during the year by way of penalties imposed under this regulation. 6 the treasury may give directions to the bank as to how the bank is to comply with its duty under paragraph (5). 7 the directions may in particular - a specify the time when any payment is required to be made to the treasury, or b require the bank to provide the treasury at specified times with information relating to penalties that the bank has imposed under this regulation. 8 the treasury must pay into the consolidated fund any sums received by them under this regulation. 9 in this regulation, a "relevant requirement" means a requirement imposed under regulation 5a. procedure in relation to regulation 5b 5c 1 if the bank proposes to take action against a person under regulation 5b, it must give the person concerned a warning notice. 2 a warning notice about a proposal to impose a penalty must state the amount of the penalty. 3 a warning notice about a proposal to publish a statement must set out the terms of the proposed statement. 4 if, having considered any representations made in response to the warning notice, the bank decides to take action against a person under regulation 5b, it must without delay give the person concerned a decision notice. 5 a decision notice about the imposition of a penalty must state the amount of the penalty. 6 a decision notice about the publication of a statement must set out the terms of the statement. 7 if the bank decides to take action against a person under regulation 5b, the person may refer the matter to the tribunal . 8 sections 312j (statement of policy) and 312k (statement of policy: procedure) of the act apply in respect of the imposition of penalties under regulation 5b and the amount of such penalties as they apply in respect of the imposition of penalties under section 312f of the act. 9 after a statement under regulation 5b is published, the bank must send a copy of it to the person concerned and to any person to whom a copy of the decision notice was given under section 393(4) of the act (applied by paragraph (10)). 10 sections 387(1), (2) and (3) (warning notices), 388 (decision notices), 389 (notices of discontinuance), 390 (final notices), 393 (third party rights) and 394 (access to fca or pra material) of the act apply in relation to a warning notice or decision notice given by the bank under this regulation as if - a references to the regulator or the regulator concerned were references to the bank; b the reference in section 388(1)(e)(i) to "this act" were a reference to these regulations. 11 section 391 of the act (publication) applies in relation to a warning notice or decision notice under this regulation and in relation to a notice of discontinuance and a final notice under section 389 or 390 of the act as applied by paragraph (10), but as if - a references to the regulator and the fca were references to the bank; b a warning notice under this regulation were treated as falling within subsection (1zb); c in subsection (8a) - i the reference to the act were to these regulations; ii the reference to a requirement included a requirement under regulation 5a. 12 part 9 of the act (hearings and appeals) applies to references to the tribunal under this regulation as it applies to references to the tribunal under the act, as if - a a reference were a "disciplinary reference" for the purposes of section 133 of the act if it is in respect of a decision to publish a statement or impose a penalty under regulation 5b; b section 133(1)(a) and (c) of the act did not apply. power of the bank to require a report by a skilled person 5d 1 this regulation applies where the bank has required or could require a person on whom it could impose a requirement under regulation 5a(2) ("the person concerned") to provide information or to produce documents under regulation 5a so that the bank can verify whether - a a settlement internaliser has complied with article 9(1) of the csd regulation, or b a person is a settlement internaliser, ("the matter concerned"). 2 the bank may appoint a person to provide the bank with a report on the matter concerned. 3 the bank must give notice of an appointment under paragraph (2) to the person concerned. 4 the person appointed to make a report must be a person appearing to the bank to have the skills necessary to make a report on the matter concerned. 5 it is the duty of - a the person concerned, and b any person who is providing (or who has at any time provided) services to the person concerned in relation to the matter concerned, to give the person appointed to prepare a report all such assistance as the appointed person may reasonably require. 6 the obligation imposed by paragraph (5) is enforceable, on the application of the bank, by an injunction or, in scotland, by an order for specific performance under section 45 of the court of session act 1988. power of the bank to appoint a skilled person to collect and update information 5e 1 this regulation applies if the bank considers that a settlement internaliser has failed to comply with the first sub-paragraph of article 9(1) of the csd regulation. 2 the bank may appoint a skilled person to collect or update the information required to be submitted under that sub-paragraph. 3 references in this regulation to a skilled person are to a person appearing to the bank to have the skills necessary to collect or update the information in question. 4 the bank must give notice of an appointment under paragraph (2) to the settlement internaliser. 5 the skilled person may require any person to provide all such assistance as the skilled person may reasonably require to collect or update the information in question. 6 a requirement imposed under paragraph (5) is enforceable, on the application of the bank, by an injunction or, in scotland, by an order for specific performance under section 45 of the court of session act 1988. 7 a contractual or other requirement imposed on a person ("p") to keep any information in confidence does not apply if - a the information is or may be relevant to anything required to be done as a result of this regulation, b a settlement internaliser or a skilled person requests or requires p to provide the information for the purposes of securing that those things are done, and c the bank has approved the making of the request or the imposition of the requirement before it is made or imposed. 8 a settlement internaliser may provide information (whether received under paragraph (7) or otherwise) that would otherwise be subject to a contractual or other requirement to keep it in confidence if it is provided for the purposes of anything required to be done as a result of this regulation. part 5 control over a recognised csd interpretation of part 5 5f in part 5 - "acquisition" means a transfer of ownership rights which gives rise to a change in the identity of the persons exercising control over the operation of a recognised csd ; "article 27 notice" means a notification by a person under article 27(7) of the csd regulation of a proposed acquisition; "assessment period" means the period of 60 working days referred to in article 27(8) of the csd regulation; "control" means the relationship between two undertakings as described in section 1162 of, and schedule 7 to, the companies act 2006 "proposed acquisition" means a decision to transfer ownership rights which gives rise to a change in the identity of the persons exercising control over the operation of a recognised csd; "restriction notice" has the meaning given by regulation 5i; "shares" has the meaning given by section 422 of the act (controller), but section 422a of the act (disregarded holdings) does not apply; "voting power" has the meaning given by section 422 of the act; "working day" means a day other than - saturday or sunday, christmas day or good friday, or a day which is a bank holiday under the banking and financial dealings act 1971 in any part of the united kingdom. powers of bank in relation to proposed acquisition 5g 1 the bank may before the end of a period of 14 working days starting with the day on which it receives an article 27 notice, by notice in writing, require the person who gave the article 27 notice - a to provide specified information or information of a specified description; or b to provide specified documents or documents of a specified description. 2 subsection (1) only applies to information or documents which the bank reasonably requires in order to decide whether there are objective and demonstrable grounds for believing that a proposed acquisition would pose a threat to the sound and prudent management of the recognised csd or to the ability of the recognised csd to comply with the csd regulation. 3 the information or documents must be provided or produced - a before the end of such period as may be specified; and b at such place as may be specified. 4 the bank may require any information provided under this regulation to be provided in such a form as it may reasonably require. 5 the bank may require - a any information provided, whether in a document or otherwise, to be verified in such a manner, or b any document produced to be authenticated in such a manner, as it may reasonably require. 6 in this regulation, "specified" means specified in the notice. 7 for the purposes of article 27(8) of the csd regulation, the information referred to in article 27(7) of that regulation is not received until the bank receives all the information and documents required under this regulation, and where the bank has imposed a requirement under paragraph (4) or (5), that requirement has been complied with. procedure in relation to proposed acquisition 5h 1 if the bank gives a person ("p") notice of its decision under article 27(8) of the csd regulation that it opposes a proposed acquisition, p may refer the bank's decision to the tribunal. 2 the notice under article 27(8) of the csd regulation must - a give reasons for the decision; b inform p that p may make representations to the bank within such period as may be specified in the notice (whether or not p has referred the matter to the tribunal); and c inform p of p's right to refer the matter to the tribunal, and give an indication of the procedure on such a reference. 3 the bank may extend the period allowed under the notice under article 27(8) of the csd regulation for making representations. 4 if, having considered any representations made by p, the bank decides to rescind the notice under article 27(8) of the csd regulation, it must give p written notice. 5 if, having considered any representations made by p, the bank decides not to rescind the notice under article 27(8) of the csd regulation, it must give p written notice which must comply with paragraph (2)(c). 6 part 9 of the act (hearings and appeals) applies to references to the tribunal under this regulation as it applies to references to the tribunal under the act. restriction notices 5i 1 the bank may give notice in writing (a "restriction notice") to a person ("p") in the following circumstances. 2 the circumstances are that - a p has taken a decision in relation to which p is required to give the bank an article 27 notice; and b p has made the acquisition - i without giving the article 27 notice, ii before the expiry date of the assessment period (unless the bank has approved the acquisition), or iii in contravention of the bank's decision under article 27(8) of the csd regulation. 3 in a restriction notice, the bank may direct that shares or voting power to which the notice relates are, until further notice, subject to one or more of the following restrictions - a except by court order, an agreement to transfer or a transfer of any such shares or voting power or, in the case of unissued shares, any agreement to transfer or transfer of the right to be issued with them, is void; b no voting power is to be exercisable; c no further shares are to be issued in pursuance of any right of the holder of any such shares or voting power or in pursuance of any offer made to their holder; d except in a liquidation, no payment is to be made of any sums due from the body corporate on any such shares, whether in respect of capital or otherwise. 4 a restriction notice takes effect - a immediately; or b on such date as may be specified in the notice. 5 a restriction notice does not extinguish rights which would be enjoyable but for the notice. 6 a copy of the restriction notice must be given to - a the recognised csd in question; and b in the case of shares or voting power held in a parent undertaking of a recognised csd, the parent undertaking. 7 a person to whom the bank gives a restriction notice may refer the matter to the tribunal. 8 part 9 of the act (hearings and appeals) applies to references to the tribunal under this regulation as it applies to references to the tribunal under the act. orders for sale of shares 5j 1 the court may, on the application of the bank, order the sale of shares or the disposition of voting power in the following circumstances. 2 the circumstances are that - a a person ("p") has taken a decision in relation to which p is required to give the bank an article 27 notice; and b p has made the acquisition - i without giving the article 27 notice, ii before the expiry date of the assessment period (unless the bank has approved the acquisition), or iii in contravention of the bank's decision under article 27(8) of the csd regulation. 3 where the court orders the sale of shares or disposition of voting power it may - a if a restriction notice has been given in relation to the shares or voting power, order that the restrictions cease to apply; and b make any further order. 4 where the court makes an order under this regulation, it must take into account the level of holding that p would have been entitled to acquire, or to continue to hold, without contravening the bank's decision under article 27(8) of the csd regulation. 5 if shares are sold or voting power disposed of in pursuance of an order under this regulation, any proceeds, less the costs of the sale or disposition, must be paid into court for the benefit of the persons beneficially interested in them; and any such person may apply to the court for payment of the whole or a part of the proceeds. 6 the jurisdiction conferred by this regulation may be exercised by the high court or in scotland, the court of session. offences 5k 1 a person who fails to comply with an obligation to notify the bank under the article 27(7) of the csd regulation is guilty of an offence. 2 a person who gives an article 27 notice to the bank and makes the acquisition to which the notice relates before the expiry date of the assessment period is guilty of an offence unless the bank has approved the acquisition. 3 a person who makes an acquisition in contravention of the bank's decision under article 27(8) of the csd regulation is guilty of an offence. 4 a person who provides information to the bank which is false in a material particular is guilty of an offence. 5 a person guilty of an offence under paragraph (1), (2) or (4) is liable - a in england and wales, on summary conviction or on conviction on indictment to a fine; and b in scotland and northern ireland, on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine. 6 a person guilty of an offence under paragraph (3) is liable - a in england and wales - i on summary conviction to a fine, or ii on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both; and b in scotland and northern ireland - i on summary conviction to a fine not exceeding the statutory maximum, or ii on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both. 7 it is a defence for a person charged with an offence under paragraph (1) to show the person had, at the time of the alleged offence, no knowledge of the act or circumstances by virtue of which the duty to notify the bank arose. part 6 references to the tribunal references to the tribunal 5l 1 paragraph (2) applies where the bank or fca takes a decision - a to refuse an application under article 19(1) of the csd regulation; b to require a recognised csd to discontinue a csd link in accordance with article 19(7) of that regulation; c to withdraw authorisation for a service, activity or financial instrument in accordance with article 20(4) of that regulation; d to refuse to communicate information in accordance with article 23(3) and (4) of that regulation (freedom of csd to provide services in another member state); e to refuse an application for authorisation under article 30(4) of that regulation (outsourcing); f in relation to a complaint under article 33(3) of that regulation (requirements for participation); g to refuse an application for authorisation under article 48(2) of that regulation (csd links); h in relation to a complaint under article 49(4) of that regulation (freedom to issue in a csd authorised in the european union); i in relation to a complaint under article 52(2) of that regulation (procedure for csd links); j in relation to a complaint under article 53(3) of that regulation (access between a csd and another market infrastructure); k to refuse an application by a csd for authorisation to designate a credit institution or to provide banking-type ancillary services listed in or permitted under section c of the annex to that regulation under article 55(5) of that regulation (procedure for granting and refusing authorisation to provide banking-type ancillary services); l to refuse an application by a recognised csd for an extension of banking-type ancillary services listed in or permitted under section c of the annex to that regulation (including services to be provided by a designated credit institution) under article 55(5) of that regulation as applied by article 56(2) of that regulation (extension of banking-type ancillary services); m to withdraw, wholly or partly, a recognised csd's authorisation to designate a credit institution or to provide banking-type ancillary services listed in or permitted under section c of the annex to the csd regulation under article 57 of that regulation (withdrawal of authorisation). 2 the following persons may refer the matter to the tribunal - a in the case of any decision mentioned in paragraph (1), the csd to which the decision relates, b in the case of a decision mentioned in paragraph (1)(f), (h) or (i), the complainant, and c in the case of a decision mentioned in paragraph (1)(j), the ccp and the trading venue . 3 part 9 of the act (hearings and appeals) applies to references to the tribunal under this regulation as it applies to references to the tribunal under the act. part 7 access to trading venues access to trading venues 5m 1 paragraph (2) applies where the fca has decided in respect of a complaint made to it under article 53(3) of the csd regulation that a trading venue which is not a recognised body has failed, unjustifiably, to grant the access sought by the complainant. 2 the fca may direct the trading venue to take specified steps for the purpose of securing the trading venue's compliance with the fca's determination of the complaint. 3 a direction under this regulation is enforceable, on the application of the fca, by an injunction or, in scotland, by an order for specific performance under section 45 of the court of session act 1988 . 4 section 298 of the act applies in relation to a direction under this regulation as it applies in relation to a direction under section 296 of the act given to a recognised csd. part 8 reporting of infringements reporting of infringements 5n 1 settlement internalisers must have in place appropriate procedures for their employees to report actual or potential infringements of the csd regulation and any directly applicable eu regulation made under that regulation internally through a specific, independent and autonomous channel. 2 the protections set out in points (b), (c) and (d) of article 65(2) of that regulation (reporting of infringements) must be applied in relation to those procedures. part 9 consequential amendments . 10 after regulation 9 (amendments to the financial services and markets act 2000 (qualifying eu provisions) order 2013) insert - part 10 review . 11 in regulation 10 (review) after "regulations 2 to 9" in each place insert "and the central securities depositories regulations 2017". part 6 transitional and saving provisions transitional and saving provisions: interpretation 6 1 in this part - "the act" means the financial services and markets act 2000; "bank" means the bank of england; "commencement" means the coming into force of these regulations; "csd rch" means a person established in the united kingdom which immediately before 30th march 2017 was a recognised clearing house which - operated a securities settlement system referred to in point (3) of section a of the annex to the csd regulation in the united kingdom, and provided at least one other core service listed in section a of that annex in the united kingdom; "csd regulation" means regulation (eu) no 909/2014 of the european parliament and of the council of 23 july 2014 on improving securities settlement in the european union and on central securities depositories ; "recognised clearing house" means a recognised clearing house referred to section 285(1)(b)(ii) of the act ; "recognition order" has the meaning given in section 313(1) of the act. 2 in this part, expressions defined for the purposes of the csd regulation have the meanings given by that regulation. transitional and saving provisions for recognised clearing houses 7 1 the transition period for a csd rch begins with commencement. 2 the transition period for a csd rch ends immediately after - a the bank determines its application under section 288a of the act in accordance with article 17 of the csd regulation and any directly applicable eu regulation made under that article, or b the end of the six month period specified in article 69(2) of the csd regulation, if the csd rch has not made an application under section 288a of the act before the end of that period. 3 during a csd rch's transition period - a section 313(1a) of the act (interpretation of part 18) inserted by these regulations does not apply; b the amendments made by these regulations to the financial services (banking reform) act 2013 do not apply. 4 nothing in these regulations affects the validity of a csd rch's recognition order under section 290(1)(c) of the act during its transition period, and accordingly during that period the csd rch remains a recognised clearing house except where the order is revoked during that period. 5 where - a a csd rch has made an application under section 288a of the act, and b the bank has determined that application in accordance with article 17 of the csd regulation and any directly applicable eu regulation made under that article, any previous recognition order under section 290(1)(c) of the act shall cease to be valid. transitional and saving provisions: overseas persons 8 1 the transition period for an overseas person begins with commencement. 2 the transition period for an overseas person established in an eea state other than the united kingdom ends immediately after - a if the overseas person has made a communication under article 23(3) of the csd regulation to the competent authority of its home member state before the end of the six month period specified in article 69(2) of that regulation - i the decision of the competent authority of the overseas person's home member state not to make a communication to the bank under article 23(4) of the csd regulation, or ii the overseas person becomes eligible under article 23(6) of the csd regulation to provide the services referred to in article 23(2) of that regulation in the united kingdom or to establish a branch in the united kingdom, or b if the overseas person has not made a communication under article 23(3) of the csd regulation to the competent authority of its home member state before the end of the six month period specified in article 69(2) of that regulation, the end of that six month period. 3 the transition period for an overseas person established in a state which is not an eea state ends immediately after - a if the overseas person has made an application under article 25(4) of the csd regulation before the end of the six month period specified in article 69(3) of that regulation, the determination of its application under article 25(4) of that regulation, or b if the overseas person has not made an application under article 25(4) of the csd regulation before the end of the six month period specified in article 69(3) of that regulation, the end of that six month period. 4 during the transition period for an overseas person, article 72 of the financial services and markets act 2000 (regulated activities) order 2001 applies in relation to that overseas person as if it had not been amended by these regulations. 5 in this regulation, "overseas person" means an overseas person (within the meaning of article 3(1) of the financial services and markets act 2000 (regulated activities) order 2001) which immediately before commencement provided the services referred to in article 23 or 25 of the csd regulation in the united kingdom (including through a branch in the united kingdom). transitional and saving provisions: designation orders under the financial markets and insolvency (settlement finality) regulations 1999 9 1 nothing in these regulations affects any designation order under the financial markets and insolvency (settlement finality) regulations 1999 in relation to a designated system in force at commencement, and no system operator shall be required to apply for a new or amended designation order in consequence only of these regulations. 2 expressions used in this regulation which are defined in the financial markets and insolvency (settlement finality) regulations 1999 have the meanings given in those regulations. minor and consequential amendments 10 the schedule, which makes minor and consequential amendments to primary and secondary legislation, has effect. andrew griffiths mark spencer two of the lords commissioners of her majesty's treasury 6th november 2017

citation and interpretation 1 1 these regulations may be cited as the neighbourhood planning act 2017 (commencement no. 1) regulations 2017. 2 in these regulations, "the act" means the neighbourhood planning act 2017. provisions coming into force on 19th july 2017 2 the following provisions of the act come into force on 19th july 2017 - a section 1 (duty to have regard to post-examination neighbourhood development plan); b section 3 (status of approved neighbourhood development plan); c section 11 (format of local development schemes and documents); d section 12 (review of local development documents), so far as not already in force; e section 14 (restrictions on power to impose planning conditions), for the purpose only of making regulations under section 100za of the town and country planning act 1990 ; f section 16 (development of new towns by local authorities); g section 29 (supplementary provisions); h section 30 (interpretation); i section 37 (overriding easements: land held on behalf of gla or tfl); and j section 41 (compensation for temporary severance of land after vesting declaration). amendment of provision expressed by reference to commencement 3 in section 37(4)(c) of the act, in the new definition of "relevant day" to be inserted into section 205 of the housing and planning act 2016 , for "the day on which section 37 of the neighbourhood planning act 2017 comes into force" substitute "19th july 2017". signed by authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 18th july 2017

citation, commencement and application 1 1 this order may be cited as the van benefit and car and van fuel benefit order 2017. 2 this order comes into force on 31st december 2017 and applies to the tax year 2018-19 and subsequent tax years. amendment to section 150 of the income tax (earnings and pensions) act 2003 2 in section 150(1) of the income tax (earnings and pensions) act 2003 (car fuel: calculating the cash equivalent) for "22,600" substitute "23,400". amendment to section 155 of the income tax (earnings and pensions) act 2003 3 in section 155(1b)(a) and (b) of the income tax (earnings and pensions) act 2003 (cash equivalent of the benefit of a van) for "3,230" substitute "3,350". amendment to section 161 of the income tax (earnings and pensions) act 2003 4 in section 161(b) of the income tax (earnings and pensions) act 2003 (van fuel: the cash equivalent) for "610" substitute "633". mark spencer andrew griffiths two of the lords commissioners of her majesty's treasury 28th november 2017

citation and commencement 1 this order may be cited as the civil enforcement of parking contraventions designation and consequential amendment order 2017 and comes into force on 3rd april 2017. designation of civil enforcement areas and special enforcement areas under the traffic management act 2004 2 1 the secretary of state designates each of the areas described in paragraph (2) as - a a civil enforcement area for parking contraventions; and b a special enforcement area. 2 the areas are - a the part of the area of north somerset district council specified in schedule 1; and b the part of the area of the buckinghamshire county council specified in schedule 2. amendment of order 3 1 the bus lane contraventions (approved local authorities) (england) (amendment) and civil enforcement of parking contraventions designation ( no. 2) order 2012 is amended as follows. 2 omit paragraph (e) of schedule 1. signed by authority of the secretary of state andrew jones parliamentary under secretary of state department for transport 6th march 2017

citation 1 these regulations may be cited as the higher education and research act 2017 (commencement no. 1) regulations 2017. provisions coming into force on 1st january 2018 2 the following provisions of the higher education and research act 2017 come into force on 1st january 2018 - a section 1 (the office for students); b schedule 1 (the office for students). joseph johnson minister of state department for education 20th july 2017

citation and interpretation 1 1 these regulations may be cited as the policing and crime act 2017 (commencement no. 6 and transitional provisions) regulations 2017. 2 in these regulations - "2017 act" means the policing and crime act 2017; "commencement date" means 8th january 2018. commencement of provisions in the 2017 act 2 1 the provisions of the 2017 act to which paragraph (2) applies, to the extent not already in force, come into force on the commencement date. 2 the provisions of the 2017 act to which this paragraph applies are - a section 33; b section 34 with the exception of subsection (3); c section 35; and d schedule 9. transitional provisions 3 1 anything done (or having effect as if done) before the commencement date by or in relation to a transferor in connection with a function transferred to the director general by a relevant provision of the 2017 act is to have effect, so far as necessary for continuing its effect on and after the commencement date, as if done by or in relation to the director general. 2 anything which, immediately before the commencement date, is in the process of being done by or in relation to a transferor in connection with a function transferred to the director general by a relevant provision of the 2017 act, may be continued by or in relation to the director general. 3 anything which immediately before the commencement date, is in the process of being done by or in relation to the commission in connection with a function which, by virtue of a relevant provision of the 2017 act, is exercisable on or after the commencement date by that body (as renamed the independent office for police conduct ) and the director general jointly may be continued by or in relation to that body and the director general acting jointly. 4 any person who, before the commencement date, has been designated by the commission under paragraph 19(2) of schedule 3 to the 2002 act ("the relevant provision") in respect of an investigation is, if the investigation is not completed or discontinued before that date, to be treated on and after that date as having been designated by the director general under the relevant provision (as amended by paragraph 56 of schedule 9 to the 2017 act) whether or not the person satisfies the conditions for designation under the relevant provision (as amended). 5 paragraph (4) does not prevent the director general from making a further designation in respect of an investigation under paragraph 19(2) of schedule 3 to the 2002 act after the commencement date. 6 anything - a done (or having effect as if done) before the commencement date by or in relation to the commission in connection with a historic case; but b which does not fall within paragraph (1), is, to have effect, so far as necessary for continuing its effect after the commencement date as if done by or in relation to the director general. 7 anything which - a immediately before the commencement date, is in the process of being done by or in relation to the commission in connection with a historic case; but b does not fall within paragraph (2), may be continued by or in relation to the director general. 8 any enactment, instrument or other document passed or made before the commencement date is to have effect on and after that date, so far as necessary for the purposes of or in consequence of paragraphs (1) to (7), as if any references (however expressed) to a transferor were references to the director general. 9 in this regulation - "2002 act" means the police reform act 2002 ; "commission" means the independent police complaints commission; "director general" means the director general of the independent office for police conduct; "historic case" means a matter to which article 6 of the police reform and social responsibility act 2011 (commencement no. 7 and transitional provisions and commencement no. 3 and transitional provisions (amendment)) order applies (complaint etc. which came to the attention of an appropriate authority before 22nd november 2012). "relevant provision of the 2017 act" means a provision of the 2017 act which is commenced (to any extent) by these regulations; "transferor" means - the commission; any other person from whom a function is transferred to the director general by a relevant provision of the 2017 act. nick hurd minister of state home office 12th december 2017

citation and commencement 1 this order may be cited as the plant health (england) (amendment) order 2017 and comes into force on 6th february 2017. amendment of the plant health (england) order 2015 2 the plant health (england) order 2015 is amended as follows. article 2 (general interpretation) 3 in article 2 - a in paragraph (1) - i after the definition of "authorised officer", insert - "citrus fruits for processing under decision (eu) 2016/715" means fruits of citrus l., fortunella swingle or poncirus raf., other than fruits of citrus aurantium l. or citrus latifolia tanaka, which - originate in brazil, south africa or uruguay; are destined exclusively for industrial processing into juice; and are to be introduced into the european union under the derogation specified in article 8 of decision (eu) 2016/715; ; ii in the definition of " decision 2012/270/eu ", for " epitrix similaris (gentner)", substitute " epitrix papa sp. n"; iii after the definition of "decision (eu) 2015/893", insert - "decision (eu) 2016/715" means commission implementing decision (eu) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the union of the harmful organism phyllosticta citricarpa (mcalpine) van der aa ; ; b in paragraph (5), for sub-paragraph (o) substitute - o decision (eu) 2015/893; p decision (eu) 2016/715. . article 6 (advance notification of landing) 4 after article 6(2), insert - 2a in the case of citrus fruits for processing under decision (eu) 2016/715, the names, addresses and locations of the premises at which the fruits are to be processed must be included under item 13 of the notice set out in schedule 11. . article 9 (presentation and display of documents) 5 for paragraphs (3) and (4) of article 9 substitute - 3 in the case of a consignment which includes notifiable relevant material and which is imported into england by post, the importer must ensure that any phytosanitary certificate or phytosanitary certificate for re-export which is required under article 7 to accompany the consignment is affixed to the outside of the package of the relevant material. 4 but if the consignment consists of more than one package of notifiable relevant material, the importer must ensure that the certificate is affixed to the outside of one of the packages of notifiable relevant material and that copies of the certificate are affixed to the outside of each of the remaining packages of notifiable relevant material in the consignment. . article 18 (requirements for plant health movement documents) 6 for article 18 substitute - 18 no person may move any of the following notifiable relevant material unless it is accompanied by a plant health movement document - a notifiable relevant material which is subject to an eu transit agreement and is being moved to its area of plant health control in england; b notifiable relevant material which is subject to an agreement referred to in article 12(4) and is being moved within england or from england to any other place within the european union. . article 19 (prohibitions on the introduction of plant pests and relevant material from the european union) 7 in article 19 - a after paragraph (7), insert - 7a in the case of notifiable citrus fruits, the person who is introducing the fruits into the european union via a point of entry in another part of the european union must provide written notification to the secretary of state at the specified address, prior to their arrival at that point of entry, of - a the expected date of their introduction into the european union; b their point of entry into the european union; c their volume; d the identification numbers of their containers; e the names, addresses and the locations of the premises in england at which they are to be processed. ; b after paragraph (8), insert - 9 in this article - "notifiable citrus fruits" means citrus fruits for processing under decision (eu) 2016/715 which are to be introduced into the european union via a point of entry in another member state and processed into juice in england; "specified address" means the address given by the secretary of state from time to time for the purposes of paragraph (7a). . article 24 (general provisions relating to plant passports) 8 for paragraph (3) of article 24 substitute - 3 where a plant passport comprises an official label and is to be affixed by the plant trader who is authorised to issue the plant passport, the plant trader must affix it in such a way that it cannot be re-used. . article 36 (information as to compliance with notices) 9 for article 36 substitute - 36 a notice served under this order may require the person on whom the notice is served to inform the inspector immediately whether the requirements of the notice have been complied with and, if they have, to provide the inspector with details of the steps taken to comply with those requirements. . article 39 (miscellaneous provisions for certain solanaceous species) 10 in article 39(7), for "5(1)(c)(ii)" substitute "5(1)(c)(iii)". article 46 (offences) 11 in article 46(1), omit sub-paragraph (a)(xii). schedule 1 (plant pests which may not be introduced into or spread within england) 12 in part a of schedule 1 (plant pests not known to occur in any part of the european union), in item 20 under the heading "insects, mites and nematodes", for " epitrix similaris (genter)", substitute " epitrix papa . sp. n". schedule 2 (relevant material which may not be introduced into or moved within england if that relevant material is carrying or infected with plant pests) 13 in part a of schedule 2 (plant pests not known to occur in the european union), in the entry in the third column of item 11 under the heading "fungi", for " guignardia citricarpa kiely" substitute " phyllosticta citricarpa (mcalpine) van der aa". schedule 4 (restrictions on the introduction into and movement within england of relevant material) 14 1 in part a of schedule 4 (relevant material, originating in third countries, which may only be landed if special requirements are complied with) - a in item 17 - i in the entry in the second column, for "brazil or south africa" substitute "brazil, south africa or uruguay"; ii in the entry in the third column, for " guignardia citricarpa kiely", in each place it occurs, substitute " phyllosticta citricarpa (mcalpine) van der aa"; b after item 17, insert - 17a. fruits of citrus latifolia tanaka originating in brazil, south africa or uruguay the fruits must be accompanied by an official statement that: they originate in an area recognised as being free from phyllosticta citricarpa (mcalpine) van der aa (all strains pathogenic to citrus), as referred to in article 3(2) of decision 2006/473/ec , and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; no symptons of phyllosticta citricarpa (mcalpine) van der aa (all strains pathogenic to citrus) have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this plant pest; or the fruits originate in a field of production subjected to appropriate treatments against phyllosticta citricarpa (mcalpine) van der aa (all strains pathogenic to citrus), and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this plant pest 17b. fruits of citrus l., fortunella swingle or poncirus raf., other than fruits of citrus aurantium l. or citrus latifolia tanaka, which originate in brazil, south africa or uruguay and are not destined exclusively for industrial processing into juice the fruits must: be accompanied by an official statement that they originate in an area recognised as being free from phyllosticta citricarpa (mcalpine) van der aa (all strains pathogenic to citrus), as referred to in article 3(2) of decision 2006/473/ec , and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; in the case of fruits originating in brazil, be accompanied by a phytosanitary certificate which includes an official statement under the heading "additional declaration" that they meet the requirements specified in articles 4 and 7 of decision (eu) 2016/715; or in the case of fruits originating in south africa or uruguay, be accompanied by a phytosanitary certificate which includes an official statement under the heading "additional declaration" that they meet the requirements specified in articles 5 and 7 of decision (eu) 2016/715 17c. fruits of citrus l., fortunella swingle or poncirus raf., other than fruits of citrus aurantium l. or citrus latifolia tanaka, which originate in brazil, south africa or uruguay and are destined exclusively for industrial processing into juice the fruits: must be accompanied by an official statement that: they originate in an area recognised as being free from phyllosticta citricarpa (mcalpine) van der aa (all strains pathogenic to citrus), as referred to in article 3(2) of decision 2006/473/ec , and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export; or no symptons of phyllosticta citricarpa (mcalpine) van der aa (all strains pathogenic to citrus) have been observed in the field of production or in its immediate vicinity since the beginning of the last cycle of vegetation and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this plant pest; or in the case of citrus fruits for processing under decision (eu) 2016/715, must be: accompanied by a phytosanitary certificate which includes an official statement under the heading "additional declaration" in accordance with articles 9(1) and 10 of decision (eu) 2016/715 and the information specified in article 9(2) of that decision; packaged and labelled in accordance with article 17 of that decision; and subject to a licence granted under article 40(1) of this order authorising their movement within england and, where applicable, their processing and storage in england ; c omit item 88; d in the entry in the second column of item 94, for " epitrix similaris (gentner)" substitute " epitrix papa sp. n"; e omit item 97; f for items 98 and 98a substitute - 98. specified plants within the meaning of article 1(c) of decision (eu) 2015/789 originating in any third country, other than a third country where xylella fastidiosa (wells et al.) is known to be present the plants must: originate in a third country which has been notified to the european commission by the relevant national plant protection organisation in accordance with article 16(a) of decision (eu) 2015/789; and be accompanied by a phytosanitary certificate which includes an official statement under the heading "additional declaration" in accordance with article 16(b) of that decision 98a. specified plants within the meaning of article 1(c) of decision (eu) 2015/789 originating in any third country where xylella fastidiosa (wells et al.) is known to be present the plants must be accompanied by a phytosanitary certificate which includes: in the case of plants originating in an area which has been established as free from xylella fastidiosa (wells et al.) in accordance with ispm no. 4 and has been notified to the european commission by the relevant national plant protection organisation in accordance with article 17(2)(a) of decision (eu) 2015/789, the name of the area under the heading "place of origin"; in the case of plants which originate in an area where xylella fastidiosa (wells et al.) is known to be present and have not been grown for their entire production cycle in vitro : an official statement under the heading "additional declaration" in accordance with article 17(3) of that decision; and the name of the site from which they originate under the heading "place of origin"; in the case of plants which originate in an area where xylella fastidiosa (wells et al.) is known to be present and have been grown for their entire production cycle in vitro : an official statement under the heading "additional declaration" in accordance with article 17(3a) of that decision; and the name of the site from which they originate under the heading "place of origin" . 2 in part b of schedule 4 (relevant material, from the european union, which may only be introduced into or moved within england if special requirements are complied with) - a for item 51 substitute - 51. specified plants within the meaning of article 1(c) of decision (eu) 2015/789 which have been grown for at least part of their life in an area established in accordance with article 4 of that decision the plants must: in the case of plants which have not been grown for their entire production cycle in vitro : be accompanied by an official statement that they meet the requirements specified in article 9(2) to (4) and (5) of decision (eu) 2015/789; or in the case of dormant plants, other than seeds, of vitis intended for planting, be accompanied by an official statement that they meet the requirements specified in article 9(4a) and (5) of that decision; in the case of plants which have been grown for their entire production cycle in vitro , be accompanied by an official statement that they meet the requirements specified in article 9a(2) and (3) of that decision and be transported in the manner specified in article 9a(4) of that decision ; b after item 51a, insert - 51b. fruits of citrus l., fortunella swingle or poncirus raf., other than fruits of citrus aurantium l. or citrus latifolia tanaka, which: - originate in brazil, south africa or uruguay; - are destined exclusively for industrial processing into juice; and - have been introduced into another part of the european union in accordance with articles 9 to 13 of decision (eu) 2016/715 the fruits must be: packaged and labelled in accordance with article 17 of that decision; and subject to a licence granted under article 40(1) of this order authorising their introduction into, and their movement within, england and, where applicable, their processing and storage in england . schedule 11 (notice of landing) 15 after item 12 of the notice of landing, insert - schedule 16 (potato brown rot) 16 in part b of schedule 16 (demarcation of zones for the control of potato brown rot), in paragraph 20(b), for "5(1)(c)(ii)" substitute "5(1)(c)(iii)". gardiner of kimble parliamentary under secretary of state department for environment, food and rural affairs 10th january 2017

citation and commencement 1 these regulations may be cited as the childcare (early years provision free of charge) (extended entitlement) (amendment) regulations 2017. 2 these regulations come into force on 1st january 2018. amendment to the childcare (early years provision free of charge) (extended entitlement) regulations 2016 3 1 the childcare (early years provision free of charge) (extended entitlement) regulations 2016 are amended as follows. 2 in regulation 5 (the requirement to be in qualifying paid work) - a in paragraph (1) after "if" insert "the person holds a national insurance number and"; b after paragraph (1) insert - 1a the requirement in paragraph (1) to hold a national insurance number does not apply to a person who is resident and in paid work in another eea state. , and c in paragraph (2), for "14" substitute "31". 3 in paragraph (4) of regulation 8 (qualifying paid work: time off in connection with sickness or parenting) for "14", in both places it occurs, substitute "31". 4 in regulation 15 (period of time for which the first declaration has effect) - a after paragraph (7) insert - 7a where a person ("a") who has already made a declaration in respect of a child becomes the partner of a person who holds a childcare account under section 17(3) of the childcare payments act 2014 , the commissioners may vary the length of a declaration period in respect of that child for the purposes of aligning the start of the declaration period in respect of that child with the start of the next entitlement period of a's partner under regulation 4 of the childcare payments regulations 2015 . ; b in paragraph (8) for "(7)" substitute "(7a)"; and c in paragraph (9) for "(7)" substitute "(7a)". signed by the authority of the secretary of state for education robert goodwill minister of state for children and families department for education 27th november 2017 we consent andrew griffiths david evennett two of the lords commissioners of her majesty's treasury 27th november 2017

citation and commencement 1 1 this order may be cited as the nursing and midwifery (amendment) order 2017. 2 the following provisions come into force on 31st march 2017 - a this article; b article 2 in so far as it relates to the provisions of schedules 1 and 2 mentioned in sub-paragraphs (c) and (d); c paragraphs 1, 2(b), 13(d)(ii), (f), (g) and (h), 16(b), 18, 19(a), (d) and (e), 20 and 21(b) of schedule 1; d schedule 2 (except for paragraph 7(b)). 3 paragraphs 4(b) and 6 of schedule 1 and article 2, in so far as it relates to those provisions, come into force on 31st march 2017 for the purposes of making rules. 4 the remaining provisions, and article 2 for all remaining purposes, come into force on 28th july 2017. amendments 2 1 schedule 1 (amendments to the nursing and midwifery order 2001) has effect. 2 schedule 2 (amendments to and revocation of subordinate legislation) has effect. transitional provision 3 1 a reference in part v and part vi of the nursing and midwifery order 2001 ("the 2001 order ") to a decision or order of the fitness to practise committee or a practice committee includes where appropriate a reference to a decision or order of the health committee or conduct and competence committee made before 28th july 2017. 2 a reference in part v of the 2001 order to the referral of a matter to the fitness to practise committee includes a referral before 28th july 2017 of a matter to the health committee or to the conduct and competence committee. 3 a decision by the health committee or the conduct and competence committee made before 28th july 2017 continues to have effect on and after that date as if made by the fitness to practise committee. 4 a person who immediately before 28th july 2017 is a member of the health committee or the conduct and competence committee will on and after that date become a member of the fitness to practise committee for the remainder of the term for which that person was appointed to the health committee or to the conduct and competence committee or until that person's membership of the fitness to practise committee is terminated by the nursing and midwifery council ("the council"), whichever is the earlier. 5 where before 28th july 2017, an allegation has been referred to the health committee or to the conduct and competence committee and no decision has been reached on that allegation before that date, that committee will continue to exist for the purposes of considering the allegation and until the committee makes a decision in respect of that allegation under article 29(1), (4) or (5) of the 2001 order. richard tilbrook clerk of the privy council

citation and commencement 1 these regulations may be cited as the social security (restrictions on amounts for children and qualifying young persons) amendment regulations 2017 and come into force on 6th april 2017. universal credit - availability of the child element where maximum exceeded 2 1 the universal credit regulations 2013 are amended as follows. 2 in regulation 2 (interpretation) insert at the appropriate place - "step-parent", in relation to a child or qualifying young person ("a"), means a person who is not a's parent but - is a member of a couple, the other member of which is a parent of a, where both are responsible for a; or was previously a member of a couple, the other member of which was a parent of a, where immediately prior to ceasing to be a member of that couple the person was, and has since continued to be, responsible for a. 3 after regulation 24 (the child element) insert - - availability of the child element where maximum exceeded 24a 1 where a claimant is responsible for more than two children or qualifying young persons, the amount mentioned in section 10(1) of the act is to be available in respect of - a the first and second children or qualifying young persons in the claimant's household; and b the third and any subsequent child or qualifying young person in the claimant's household if - i the child or qualifying young person is transitionally protected; or ii an exception applies in relation to that child or qualifying young person. 2 a reference in paragraph (1) to a child or qualifying young person being the first, second, third or subsequent child or qualifying young person in the claimant's household is a reference to the position of that child or qualifying young person in the order determined in accordance with regulation 24b. 3 a child or qualifying young person is transitionally protected in the circumstances set out in regulation 40 of the universal credit (transitional provisions) regulations 2014 . 4 an exception applies in relation to a child or qualifying young person in the circumstances set out in schedule 12. - order of children and qualifying young persons 24b 1 subject to paragraph (2), the order of children or qualifying young persons in a claimant's household is to be determined by reference to the following date in relation to each child or qualifying young person for whom the claimant is responsible ("a"), taking the earliest date first - a where the claimant, or if the claimant is a member of a couple, the other member, is a's parent or step-parent (in either case, other than by adoption), a's date of birth; or b in any other case, the date on which the claimant became responsible for a (or in the case of joint claimants where each of them became responsible for a on a different date, the earlier date). 2 in a case where - a the date in relation to two or more children or qualifying young persons for whom the claimant is responsible (as determined under paragraph (1)) is the same date; or b a claimant gave birth to a child less than 10 months after becoming responsible for a child or qualifying young person to whom paragraph 4 of schedule 12 (exception for non-parental caring arrangements) applies, the order of those children or qualifying young persons (as between themselves only) in the claimant's household is the order determined by the secretary of state that ensures that the amount mentioned in section 10(1) of the act is available in respect of the greatest number of children or qualifying young persons. 3 in this regulation and schedule 12, "claimant" means a single claimant or either of joint claimants. 4 after schedule 11 (application of esa or jsa sanctions to universal credit) insert - schedule 12 availability of the child element where maximum exceeded - exceptions regulation 24a(4) introduction 1 this schedule provides for cases where, for the purposes of regulation 24a, an exception applies in relation to a child or qualifying young person for whom a claimant is responsible ("a"). multiple births 2 an exception applies where - a the claimant is a parent (other than an adoptive parent) of a; b a was one of two or more children born as a result of the same pregnancy; c the claimant is responsible for at least two of the children or qualifying young persons born as a result of that pregnancy; and d a is not the first in the order of those children or qualifying young persons as determined under regulation 24b. adoptions 3 an exception applies where a has been placed for adoption with, or adopted by, the claimant in accordance with the adoption and children act 2002 or the adoption and children (scotland) act 2007 , but not where - a the claimant (or, if the claimant is a member of a couple, the other member) - i was a step-parent of a immediately prior to the adoption; or ii has been a parent of a (other than by adoption) at any time; b the adoption order made in respect of a was made as a convention adoption order (as defined, in england and wales, in section 144 of the adoption and children act 2002 and in scotland, in section 119(1) of the adoption and children scotland act 2007); or c prior to that adoption, a had been adopted by the claimant (or, if the claimant is a member of a couple, the other member) under the law of any country or territory outside the british islands. non-parental caring arrangements 4 1 an exception applies where the claimant - a is a friend or family carer in relation to a; or b is responsible for a child who is a parent of a. 2 in this paragraph, "friend or family carer" means a person who is responsible for a, but is not (or, if that person is a member of a couple, neither member is) a's parent or step-parent and - a is named in a child arrangements order under section 8 of the children act 1989 , that is in force with respect to a, as a person with whom a is to live; b is a special guardian of a appointed under section 14a of that act ; c is entitled to a guardian's allowance under section 77 of the contributions and benefits act in respect of a; d in whose favour a kinship care order, as defined in section 72(1) of the children and young people (scotland) act 2014 , subsists in relation to a; e is a guardian of a appointed under section 5 of the children act 1989 or section 7 of the children (scotland) act 1995 ; f in whom one or more of the parental responsibilities or parental rights respectively described in section 1 and 2 of the children (scotland) act 1995 are vested by a permanence order made in respect of a under section 80 of the adoption and children (scotland) act 2007 ; g fell within any of paragraphs (a) to (f) immediately prior to a's 16th birthday and has since continued to be responsible for a; or h has undertaken the care of a in circumstances in which it is likely that a would otherwise be looked after by a local authority. non-consensual conception 5 1 an exception applies where - a the claimant ("c") is a's parent; and b the secretary of state determines that - i a is likely to have been conceived as a result of sexual intercourse to which c did not agree by choice, or did not have the freedom and capacity to agree by choice; and ii c is not living at the same address as the other party to that intercourse ("b"). 2 the circumstances in which c is to be treated as not having the freedom or capacity to agree by choice to the sexual intercourse are to include (but are not limited to) circumstances in which, at or around the time a was conceived - a b was personally connected to c; b b was repeatedly or continuously engaging in behaviour towards c that was controlling or coercive; and c that behaviour had a serious effect on c. 3 the secretary of state may make the determination in sub-paragraph (1)(b)(i) only if - a c provides evidence from an approved person which demonstrates that - i c had contact with that approved person or another approved person; and ii c's circumstances are consistent with those of a person to whom sub-paragraphs (1)(a) and (1)(b)(i) apply; or b there has been - i a conviction for - aa an offence of rape under section 1 of the sexual offences act 2003 or section 1 of the sexual offences (scotland) act 2009 ; bb an offence of controlling or coercive behaviour in an intimate or family relationship under section 76 of the serious crime act 2015 ; or cc an offence under the law of a country outside great britain that the secretary of state considers to be analogous to the offence mentioned in sub-paragraph (aa) or (bb) above; or ii an award under the criminal injuries compensation scheme in respect of a relevant criminal injury sustained by c, where it appears likely to the secretary of state that the offence was committed, or the criminal injury was caused, by b and resulted in the conception of a or diminished c's freedom or capacity to agree by choice to the sexual intercourse which resulted in that conception. 4 the secretary of state may make the determination in sub-paragraph (1)(b)(ii) where the only available evidence is confirmation by c that that sub-paragraph applies. 5 for the purposes of sub-paragraph (2)(a), b was personally connected to c if, at or around the time a was conceived - a they were in an intimate personal relationship with each other; or b they were living together and - i were members of the same family; or ii had previously been in an intimate personal relationship with each other. 6 for the purposes of sub-paragraph (2)(c), b's behaviour had a serious effect on c if - a it caused c to fear, on at least two occasions, that violence would be used against c; or b it caused c serious alarm or distress which had a substantial adverse effect on c's day-to-day activities. 7 in sub-paragraph (3) - "approved person" means a person of a description specified on a list approved by the secretary of state for the purposes of sub-paragraph (3)(a) and acting in their capacity as such; "criminal injuries compensation scheme" means the criminal injuries compensation scheme under the criminal injuries compensation act 1995 ; and "relevant criminal injury" means - a sexual offence (including a pregnancy sustained as a direct result of being the victim of a sexual offence); physical abuse of an adult, including domestic abuse; or mental injury, as described in the tariff of injuries in the criminal injuries compensation scheme. 8 for the purposes of sub-paragraph (5)(b)(i), b and c were members of the same family if, at or around the time a was conceived - a they were, or had been, married to each other; b they were, or had been, civil partners of each other; c they were relatives (within the meaning given by section 63(1) of the family law act 1996 ); d they had agreed to marry each other, whether or not the agreement had been terminated; e they had entered into a civil partnership agreement (within the meaning given by section 73 of the civil partnership act 2004 ), whether or not the agreement had been terminated; f they were both parents of the same child; or g they had, or had had, parental responsibility (within the meaning given in regulation 4a(2)) for the same child. continuation of existing exception in a subsequent award 6 an exception applies where - a the claimant ("c") is a's step-parent; b none of the exceptions under paragraphs 2 to 5 above apply; c c has previously been entitled to an award of universal credit as a member of a couple jointly with a parent of a, in which an exception under paragraph 2, 3 or 5 above applied in relation to a; d since that award terminated, each award of universal credit to which c has been entitled has been made - i as a consequence of a previous award having ended when c ceased to be a member of a couple or became a member of a couple; or ii in any other circumstances in which the assessment periods for that award begin on the same day of each month as the assessment periods for a previous award under regulation 21 (assessment periods); and e where, in the award mentioned in sub-paragraph (c), an exception under paragraph 2 above applied in relation to a - i c is responsible for one or more other children or qualifying young persons born as a result of the same pregnancy as a; and ii a is not the first in the order of those children or qualifying young persons as determined under regulation 24b (order of children and qualifying young persons). . universal credit - transitional arrangements regarding restrictions on availability of the child element 3 1 the universal credit (transitional provisions) regulations 2014 are amended as follows. 2 in regulation 2 (interpretation) insert at the appropriate place - "qualifying young person" has the same meaning as in the universal credit regulations, but see also regulation 28; . 3 after regulation 38 (loss of benefit penalties: reduction of universal credit) insert - part 3 arrangements regarding changes to the child element from april 2017 restriction on claims for universal credit during the interim period 39 1 during the interim period, no claim may be made for universal credit by a person who is responsible for more than two children or qualifying young persons, unless it is - a a claim to which regulation 21(3c) of the universal credit regulations (new claim within 6 months of a previous award terminating) applies; or b a claim made by a single person within one month of an award of universal credit terminating because that person ceased to be a member of a couple. 2 for the purposes of this regulation and regulation 40, the interim period is the period beginning with 6th april 2017 and ending with 31st october 2018, but may be extended by the secretary of state if the secretary of state considers it necessary to do so in order to protect the efficient administration of universal credit. availability of the child element where maximum exceeded - transitionally protected children and qualifying young persons 40 1 a child or qualifying young person for whom the claimant is responsible ("a") is transitionally protected for the purposes of regulation 24a of the universal credit regulations (availability of the child element where maximum exceeded) in the following circumstances. 2 for the purposes of calculating an award of universal credit in respect of an assessment period in which the interim period begins or that falls wholly within the interim period, the circumstances are that - a a was born before 6th april 2017; and b there are at least two other children or qualifying young persons for whom the claimant (or either of joint claimants) is responsible who were born before 6th april 2017 and who precede a in the order determined by regulation 24b of the universal credit regulations (order of children and qualifying young persons). 3 for the purposes of calculating an award of universal credit in respect of an assessment period in which the interim period ends or that begins after the end of the interim period, the circumstances are that - a a was born before 6th april 2017; b the claimant (or either of joint claimants) meets the following condition in respect of a - i on the last day of the interim period, the claimant was entitled to an award of universal credit (or was in a period of non-entitlement between connected awards) and was responsible for a; or ii if paragraph (i) does not apply, within the 6 months immediately preceding the first day on which the claimant first became entitled to an award of universal credit after the interim period ended, the claimant was in receipt of an individual element of child tax credit for a or was entitled to an award of income support or old style jsa where an amount in respect of a was included in the applicable amount, and since the day mentioned in paragraph (i) or (ii) (whichever is applicable), the claimant has not ceased to be responsible for a or ceased to be entitled to universal credit (apart from a period of non-entitlement between connected awards); and c there are at least two other children or qualifying young persons born before 6th april 2017 - i in respect of whom the claimant (or either of joint claimants) meets the condition in sub-paragraph (b); and ii who precede a in the order determined by regulation 24b of the universal credit regulations. 4 in paragraph (3)(b) two awards are connected awards if the later award was made - a as a consequence of the earlier award having terminated when the claimant ceased to be a member of a couple or became a member of a couple; or b in any other circumstances in which the assessment periods for the later award begin on the same day of each month as the assessment periods for the earlier award under regulation 21 of the universal credit regulations (assessment periods). availability of the child element where maximum exceeded - continuation of exception from a previous award of child tax credit, income support or old style jsa 41 1 where - a the claimant ("c") is the step-parent of a child or qualifying young person ("a"); and b within the 6 months immediately preceding the first day on which c became entitled to an award of universal credit, c had an award of child tax credit, income support or old style jsa in which an exception corresponding with an exception under paragraph 2, 3, 5 or 6 of schedule 12 to the universal credit regulations applied in respect of a, paragraph 6 of that schedule is to apply as if sub-paragraph (c) of that paragraph were satisfied, despite the fact that the previous award was not an award of universal credit. 2 in this regulation, "step-parent" has the same meaning as in the universal credit regulations. evidence for non-consensual conception where claimant previously had an award of child tax credit 42 1 this regulation applies for the purposes of paragraph 5 of schedule 12 to the universal credit regulations (exception for non-consensual conception). 2 the secretary of state may treat the condition in sub-paragraph (3)(a) of that paragraph 5 as met if the secretary of state is satisfied that the claimant has previously provided the evidence referred to in that sub-paragraph to the commissioners for her majesty's revenue and customs for the purposes of the corresponding exception in relation to child tax credit. abolition of higher amount of the child element for first child or qualifying young person - saving where claimant responsible for a child or qualifying young person born before 6th april 2017 43 section 14(5)(b) of the welfare reform and work act 2016 (which amends the universal credit regulations by omitting the amount of the child element payable for the first child or qualifying young person) does not apply where the claimant is responsible for a child or qualifying young person born before 6th april 2017. . minor amendment consequential on restriction on claims for universal credit by persons with more than two children 4 in paragraph (2) of article 7 (transitional provision: claims for housing benefit, income support or a tax credit) of the welfare reform act 2012 (commencement no. 23 and transitional and transitory provisions) order 2015 , after "regulation 4" insert ", or by virtue of regulation 39,". restrictions on amounts for children and young persons - consequential changes to the income support (general) regulations 1987 5 1 subject to paragraph (2) where, in relation to an award of income support, an amount in respect of one or more children or young persons is included in the applicable amount because regulation 2 of, and schedule 1 to, the social security (working tax credit and child tax credit) (consequential amendments) regulations 2003 do not have effect, no amount is to be included in respect of a child or young person who is born after 6th april 2017 if - a when that child or young person is born or (if later) becomes a member of the claimant's family, there are two or more children or young persons in respect of whom an amount is already included in the claimant's applicable amount; and b two or more of those children or young persons remain members of the claimant's family. 2 paragraph (1) does not prevent an amount being included in respect of a child or young person in respect of whom an exception in schedule 12 of the universal credit regulations 2013 would apply if the claimant were entitled to an award of universal credit. 3 where an amount may not be included in the applicable amount in respect of a child or young person by virtue of paragraph (1), any child benefit in respect of that child or young person is to be disregarded in the calculation of the claimant's gross income for the purposes of regulation 40 of the income support (general) regulations 1987 . 4 in this regulation - a "claimant" has the meaning prescribed in regulation 2(1) of the income support (general) regulations 1987; b "young person" has the meaning prescribed in regulation 14 of the income support (general) regulations 1987. restrictions on amounts for children and young persons - consequential changes to the jobseeker's allowance regulations 1996 6 1 subject to paragraph (2) where, in relation to an award of jobseeker's allowance, an amount in respect of one or more children or young persons is included in the applicable amount because regulation 3 of, and schedule 2 to, the social security (working tax credit and child tax credit) (consequential amendments) regulations 2003 do not have effect, no amount is to be included in respect of a child or young person who is born after 6th april 2017 if - a when that child or young person is born or (if later) becomes a member of the claimant's family, there are two or more children or young persons in respect of whom an amount is already included in the claimant's applicable amount; and b two or more of those children or young persons remain members of the claimant's family. 2 paragraph (1) does not prevent an amount being included in respect of a child or young person in respect of whom an exception in schedule 12 of the universal credit regulations 2013 would apply if the claimant were entitled to an award of universal credit. 3 where an amount may not be included in the applicable amount in respect of a child or young person by virtue of paragraph (1), any child benefit in respect of that child or young person is to be disregarded in the calculation of the claimant's gross income for the purposes of regulation 103 of the jobseeker's allowance regulations 1996 . 4 in this regulation, "young person" has the meaning prescribed in regulation 76 of the jobseeker's allowance regulations 1996. restrictions on amounts for children and young persons - consequential changes to housing benefit 7 1 the housing benefit regulations 2006 are amended as follows. 2 in regulation 22 (applicable amounts) - a the existing text becomes paragraph (1) and for sub-paragraph (b) (of that paragraph (1)) substitute - b an amount determined in accordance with paragraph 2 of schedule 3 in respect of up to two individuals who are either children or young persons and who are members of his family; ; and b at the end insert - 2 for the purposes of paragraph (1)(b), as it applies apart from paragraph (4), where the family includes more than two individuals who are either children or young persons, and, under paragraph 2 of schedule 3, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount. 3 paragraph (4) applies where - a (whether or not as part of a tax credit couple) the claimant has an award of child tax credit in respect of a child or young person who is a member of his family, and whether or not any amount is payable by way of such credit; and b the total amount to be included in the applicable amount under paragraph (1)(b) as substituted by paragraph (4) would be higher than the total amount that would be included under paragraph (1)(b) apart from paragraph (4). 4 where this paragraph applies, for paragraph (1)(b) substitute - b an amount determined in accordance with paragraph 2 of schedule 3 in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit; . 5 in this regulation, "tax credit couple" means a couple as defined in section 3(5a) of the tax credits act 2002 . . 3 in regulation 23 (polygamous marriages) - a the existing text becomes paragraph (1) and for sub-paragraph (c) (of that paragraph (1)) substitute - c an amount determined in accordance with paragraph 2 of schedule 3 in respect of up to two individuals who are either children or young persons and for whom he or a partner of his is responsible and who are members of the same household; ; and b at the end insert - 2 for the purposes of paragraph (1)(c), as it applies apart from paragraph (4), where the claimant and his partners are between them responsible for more than two individuals who are either children or young persons and who are members of the same household, and, under paragraph 2 of schedule 3, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount. 3 paragraph (4) applies where - a (as part of a polygamous unit) the claimant has an award of child tax credit in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household, and whether or not any amount is payable by way of such credit; and b the total amount to be included in the applicable amount under paragraph (1)(c) as substituted by paragraph (4) would be higher than the total amount that would be included under paragraph (1)(c) apart from paragraph (4). 4 where this paragraph applies, for paragraph (1)(c) substitute - c an amount determined in accordance with paragraph 2 of schedule 3 in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit; . 5 in this regulation, "polygamous unit" has the same meaning as in regulation 2 of the tax credits (polygamous marriages) regulations 2003 . . 4 in paragraphs 1, 2(1), 4 and 30(4) of schedule 3 (applicable amounts), after "22" and "23", in each place where they occur, insert "(1)". restrictions on amounts for children and young persons - consequential changes to housing benefit for persons over state pension credit age 8 1 the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 are amended as follows. 2 in regulation 22 (applicable amounts) - a for sub-paragraph (b) of paragraph (1) substitute - b an amount determined in accordance with paragraph 2 of that schedule in respect of up to two individuals who are either children or young persons and who are members of his family; ; and b at the end insert - 5a for the purposes of paragraph (1)(b), as it applies apart from paragraph (5c), where the family includes more than two individuals who are either children or young persons, and, under paragraph 2 of that schedule, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount. 5b paragraph (5c) applies where - a (whether or not as part of a tax credit couple) the claimant has an award of child tax credit in respect of a child or young person who is a member of his family, whether or not any amount is payable by way of such credit; and b the total amount to be included in the applicable amount under paragraph (1)(b) as substituted by paragraph (5c) would be higher than the total amount that would be included under paragraph (1)(b) apart from paragraph (5c). 5c where this paragraph applies, for paragraph (1)(b) substitute - b an amount determined in accordance with paragraph 2 of that schedule in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit; . 5d in this regulation, "tax credit couple" means a couple as defined in section 3(5a) of the tax credits act 2002. . housing benefit - transitional provisions for restrictions on amounts for children and young persons 9 1 this regulation applies where, on 5th april 2017, a person is entitled to housing benefit and the person is, or the person and the person's partner are between them, responsible for more than two individuals who are either children or young persons and who are members of the same household (each such individual is referred to as a "protected individual"). 2 where this regulation applies, the amendments made by regulations 7 and 8 do not apply to the person entitled to housing benefit referred to in paragraph (1) until - a the person makes a new claim for housing benefit; or b the person or the person's partner (if any) becomes responsible for a new individual, whichever is the first to occur. 3 paragraphs (4) to (8) apply where - a the amendments made by regulations 7 and 8 apply by virtue of paragraph (2)(b); b the child tax credit provisions do not apply; and c the person has not made a new claim for housing benefit. 4 notwithstanding the default provisions, a child amount shall be included in the applicable amount in relation to any protected individual, in relation to any time when the person or the person's partner (if any) is responsible for the individual and the individual is a member of the same household. 5 paragraph (6) applies where - a the person or the person's partner (if any) is responsible for one or more protected individuals who are members of the same household; and b either of them is responsible for one or more new individuals who are members of the same household. 6 where this paragraph applies, any protected individual for whom the person or the person's partner is responsible is to be counted for the purpose of deciding whether, under the default provisions, an additional child amount is to be included in the applicable amount with respect to the new individual or individuals referred to in paragraph (5)(b). 7 paragraph (8) applies where - a the number of protected individuals for whom either the person or the person's partner (if any) is responsible, and who are members of the same household, is one; b the number of new individuals for whom either the person or the person's partner is responsible, and who are members of the same household, is two or more; and c a different child amount would apply to different individuals. 8 where this paragraph applies, the child amounts to be included in the applicable amount shall be - a the child amount in relation to the protected individual; and b a child amount in relation to such one of the new individuals as will result in the greatest possible total amount. 9 under paragraph (3), for the purposes of determining whether the child tax credit provisions apply, by virtue of regulation 22(3) or 23(3) of the 2006 regulations or regulation 22(5b) of the 2006 (spc) regulations , where the person or the person's partner is responsible for one or more protected individuals, the total amount that would be included in the applicable amount under the default provisions shall be taken to be the total that would be included under paragraphs (4), (6) and (8). 10 for the purposes of this regulation - a "the 2006 regulations" means the housing benefit regulations 2006 and "the 2006 (spc) regulations" means the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006; b "applicable amount" has the same meaning as in section 135 of the social security contributions and benefits act 1992 ; c "child", "partner" and "young person" have the same meanings as in the 2006 regulations; d "child amount" means the amount determined under whichever is relevant of paragraph 2 of schedule 3 to the 2006 regulations or paragraph 2 of schedule 3 to the 2006 (spc) regulations; e "child tax credit provisions" means whichever is relevant of regulation 22(1)(b) or 23(1)(c) of the 2006 regulations or regulation 22(1)(b) of the 2006 (spc) regulations, as substituted by regulation 22(4) or 23(4) of the 2006 regulations or regulation 22(5c) of the 2006 (spc) regulations respectively; f "default provisions" means whichever is relevant of regulation 22(1)(b) or 23(1)(c) of the 2006 regulations or regulation 22(1)(b) of the 2006 (spc) regulations, as they apply apart from regulation 22(4) or 23(4) of the 2006 regulations or regulation 22(5c) of the 2006 (spc) regulations respectively; g "new individual" means a child or young person who is not a protected individual; h any reference to an individual being part of the same household means being part of the same household with the person who is entitled to housing benefit and the person's partner (if any); i a person is to be treated as responsible for a child or young person in the circumstances set out in regulation 20 of the 2006 regulations. signed by authority of the secretary of state for work and pensions damien hinds minister of state department for work and pension 13th march 2017

citation and interpretation 1 1 these regulations may be cited as the policing and crime act 2017 (commencement no. 3 and transitional and saving provisions) regulations 2017. 2 in these regulations "the act" means the policing and crime act 2017. provisions coming into force on 17th july 2017 2 the day appointed for the coming into force of the following provisions of the act is 17th july 2017 - a section 8 (combined authority mayors: exercise of fire and rescue functions) in so far as it is not already in force ; b section 11(1) to (7) and schedule 3 (inspection of fire and rescue services) in so far as not already in force; c section 12 (fire safety inspections); d section 33(9) (independent office for police conduct) in so far as is necessary for the purposes of paragraph (e); and e in schedule 9 (independent office for police conduct) - i paragraph 1 in so far as is necessary for the purposes of sub-paragraph (ii); and ii paragraph 9 but only for the purpose of making remuneration or other payments to the director general and non-executive members. transitional provision in relation to the independent office for police conduct 3 until the commencement of section 33(1) of the act the references to "the office" in paragraph 4(2) and (5) of schedule 2 to the police reform act 2002 (as amended by paragraph 9(3) and (4) of schedule 9 to the act) are, for the purpose mentioned in regulation 2(e)(ii), to be read as references to the independent police complaints commission. saving provision 4 the amendment of section 28(1)(a) of the fire and rescue services act 2004 by section 11(3) of the act does not apply for the purpose of revoking the appointment of an inspector in relation to fire and rescue authorities in england. nick hurd minister of state home office 6th july 2017

citation and commencement 1 this order may be cited as the town and country planning (operation stack) special development (amendment) order 2017 and comes into force on 31st december 2017. amendment of order 2 the town and country planning (operation stack) special development order 2015 is amended as follows. 3 in article 3 (temporary planning permission), in paragraph (2) for "at the end of 31st december 2017" substitute "at the end of 31st december 2019". 4 in article 4 (conditions and limitations), in paragraph (3) for "31st december 2017" substitute "31st december 2019". signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 22nd november 2017

citation and commencement 1 1 these regulations may be cited as the corporation tax (instalment payments) (amendment) regulations 2017 and come into force on 1st april 2019. 2 these regulations have effect in relation to accounting periods beginning on or after 1st april 2019. amendment of the corporation tax (instalment payments) regulations 1998 2 the corporation tax (instalment payments) regulations 1998 are amended as follows. amendment of regulation 2 3 1 in regulation 2(1) (interpretation) - a for the definition of "large company" substitute - "large company" has the meaning given by regulation 3(1) or 3a (as the case may be); ; b after the definition of "large company" insert - "related 51% group companies" has the same meaning as it has in section 279f of cta 2010 ; ; c after the definition of "the management act", omit "and"; d for the definition of "the taxes act" substitute - "the taxes act" means the income and corporation taxes act 1988; ; and e after that definition insert - "very large company" has the meaning given by regulation 3(2) or 3a (as the case may be). . 2 in regulation 2(3) (interpretation of total liability), for "references in these regulations" substitute "except as provided by regulation 3a, references in these regulations". amendment of regulation 3 4 for regulation 3 (large companies) substitute - large and very large companies 3 1 subject to paragraphs (3) to (5), a company (other than a relevant entity or a responsible member) is a large company by virtue of this regulation in respect of an accounting period if its profits in that period exceed 1.5 million but do not exceed 20 million. 2 subject to paragraphs (3) and (4), a company (other than a relevant entity or a responsible member) is a very large company by virtue of this regulation in respect of an accounting period if its profits in that period exceed 20 million. 3 the amounts of profits specified in paragraphs (1) and (2) are subject to the provisions in paragraphs (8) and (10). 4 a company is not in respect of an accounting period - a a large company by virtue of paragraph (1); or b a very large company by virtue of paragraph (2), if its total liability for the period does not exceed 10,000 (or such amount as applies by virtue of paragraph (10)). 5 a company is not in respect of an accounting period ("ap") a large company by virtue of this regulation where the profits of the company in ap do not exceed 10 million (or such amount as applies by virtue of paragraphs (8) and (10)) and - a during any part of the period ("ap-12") of 12 months immediately preceding ap, the company did not exist or did not have an accounting period; or b in respect of any accounting period which fell within or ended in ap-12 the company was not - i a large company other than by reason of the operation of this paragraph, or ii a very large company. 6 paragraph (8) applies where a company has one or more related 51% group companies in an accounting period. 7 for the purposes of this regulation, the number ("n") of related 51% group companies of a company in an accounting period ("ap") is to be determined - a as the number existing at the end of the accounting period ("ap-1") immediately preceding ap; or b where there is no ap-1 or ap-1 did not end on the day before ap commenced, as the number existing at the commencement of ap. 8 where this paragraph applies by virtue of paragraph (6), whether a company is (or is not) a large company or a very large company in respect of an accounting period by virtue of this regulation is to be determined with the following modifications - a in paragraph (1), for "1.5 million" substitute "1.5 million/1+n"; b in paragraphs (1) and (2), for "20 million" substitute "20 million/1+n"; and c in paragraph (5), for "10 million" substitute "10 million/1+n, but the amounts in sub-paragraphs (a), (b) and (c) are subject to the provisions in paragraph (10). 9 except where paragraph (4) applies, whether a company is (or is not) a large company or a very large company by virtue of this regulation is to be determined as it would have been determined apart from sections 330 (supplementary charge in respect of ring fence trades) and 331 (meaning of "financing costs" etc ) of cta 2010. 10 where an accounting period is a period of less than 12 months, whether a company is (or is not) a large company or a very large company in respect of that period by virtue of this regulation is to be determined by making a proportionate reduction to the following amounts - a 10,000 in paragraph (4); b 1.5 million in paragraph (1) or 1.5 million/1+n in that paragraph where paragraph (8) applies; c 10 million in paragraph (5) or 10 million/1+n in that paragraph where paragraph (8) applies; and d 20 million in paragraphs (1) and (2) or 20 million/1+n in those paragraphs where paragraph (8) applies. large and very large companies: bank levy 3a 1 this regulation applies where a company is a relevant entity or a responsible member. 2 subject to paragraphs (4) to (7), a company is a very large company by virtue of this regulation in respect of an accounting period if its profits in that period exceed 20 million. 3 a company which is not a very large company in respect of an accounting period by virtue of paragraph (2) is a large company in respect of that period. 4 a company is not in respect of an accounting period a very large company by virtue of paragraph (2) if its total liability for the period does not exceed 10,000 (or such amount as applies by virtue of paragraph (7)). 5 where in an accounting period a company has one or more related 51% group companies, whether the company is (or is not) a very large company by virtue of this regulation in respect of that period is to be determined by substituting in paragraph (2) "20 million/1+n" for "20 million". 6 the amount of "20 million/1+n" in paragraph (5) is subject to paragraph (7). 7 where an accounting period is a period of less than 12 months, whether a company is (or is not) a very large company in respect of that period by virtue of this regulation is to be determined by making a proportionate reduction to the following amounts - a 20 million in paragraph (2) or 20 million/1+n in that paragraph where paragraph (5) applies; and b 10,000 in paragraph (4). 8 for the purposes of this regulation - a "n" has the same meaning as it has for the purposes of regulation 3; and b "total liability" excludes any amount of bank levy payable. . payment dates: very large companies 5 after regulation 5 (instalment payments - principal provision) insert - instalment payments: very large companies: days for payment 5aza 1 except in respect of any amount falling within regulation 5azc or 5a, amounts in respect of the total liability of a very large company for an accounting period are due and payable on the following days. 2 where the accounting period is 12 months - a the first instalment is due on the day ("instalment 1 day") which is 2 months and 13 days after the first day of the accounting period; b the second instalment is due on the day ("instalment 2 day") which is 3 months later than instalment 1 day; c the third instalment is due on the day ("instalment 3 day") which is 3 months later than instalment 2 day; and d the final instalment is due on the day ("the final instalment day") which is 3 months later than instalment 3 day. 3 where the accounting period is less than 12 months, steps 1 to 5 apply instead of paragraph (2). 4 step 1 is to determine if the accounting period ends - a on the last day of the month, in which case find the day which falls 14 days after the last day of the previous month and apply step 2; b other than on the last day of the month and where there is a day with the same date ("an equivalent day") in the previous month, in which case find the day which falls 14 days after the corresponding day in the previous month and apply step 2; or c other than on the last day of the month and where there is not an equivalent day in the previous month, in which case find the day which falls 14 days after the last day in the previous month and apply step 2. 5 step 2 is to determine if the day found under step 1 falls on or before the first day of the accounting period and - a if it does, an instalment is due on the last day ("the only instalment day") of the accounting period and no further steps apply; or b if it does not, an instalment is due on the day found under step 1 ("the final instalment day") and apply step 3. 6 step 3 is to determine if the day ("d1") which falls 2 months and 13 days after the first day of the accounting period falls on or after the final instalment day and - a if it does, the final instalment day becomes the only instalment day and no further steps apply; or b if it does not, an instalment is due on d1 ("instalment 1 day") and apply step 4. 7 step 4 is to determine if the day ("d2") which falls 3 months later than instalment 1 day falls on or after the final instalment day and - a if it does, no further steps apply; or b if it does not, an instalment is due on d2 ("instalment 2 day") and apply step 5. 8 step 5 is to determine if the day ("d3") which falls 3 months later than instalment 2 day falls before the final instalment day and only if it does is an instalment due on d3 ("instalment 3 day"). instalment payments: very large companies: calculation of payment except bank levy and ring fence profits and adjusted ring fence profits 5azb 1 the amount ("cti") which comprises a very large company's total liability for an accounting period (less any amount falling within regulation 5azc or 5a) is due and payable on the instalment days set out in this regulation. 2 where the only instalment day applies, all of cti is due and payable on that day. 3 the amount due and payable on, if applicable - a instalment 1 day, is the lesser of cti and the formula amount; b instalment 2 day and instalment 3 day, is the lesser of cti-b and the formula amount; and c the final instalment day, is cti-b. 4 in paragraph (3) - "b" means the amount of cti required to be paid on each previous instalment day; and "the formula amount" means the amount produced by - 3 x ( c t i / ( w m + w m d ) ) where - "wm" is the number of whole months falling within the accounting period; "wmd" is the decimal (calculated to two places rounded arithmetically where necessary) of the fraction r/30, where "r" is the number of days in an accounting period outside the whole months represented by "wm". 5 in this regulation the days listed in paragraph (6) have the same meaning in this regulation as they have in paragraph (2) or paragraphs (5) to (8), as the case may be, of regulation 5aza, and "instalment days" in paragraph (1) means any of those days. 6 the days referred to in paragraph (5) are - "the final instalment day"; "instalment 1 day", "instalment 2 day" and "instalment 3 day"; and "the only instalment day". instalment payments: very large companies: bank levy 5azc 1 a very large company's total liability for an accounting period for bank levy is due and payable as provided by paragraphs (3) to (9) of regulation 5, but with the following modifications of paragraphs (5) and (6) of that regulation. 2 the modifications referred to in paragraph (1) are - a in the formula in paragraph (5), for "cti" substitute "bl"; b for the definition of "cti" in paragraph (5) substitute - "bl" is the total amount of the company's liability to bank levy for the accounting period, and , and c in paragraph (6), for "cti" substitute "bl". . amendment of regulation 5a 6 1 regulation 5a (instalment payments - ring fence profits and adjusted ring fence profits) is amended as follows. 2 in paragraph (1), after "large company" insert "or very large company". 3 in paragraph (5) - a omit sub-paragraph (a); and b in sub-paragraph (b), omit "thereafter,". amendment of regulation 5b 7 in paragraph (3) of regulation 5b (instalment payments - the bank levy - anti-avoidance), for "regulation 5(3)" substitute "regulation 5 or 5azc". amendment of regulation 6 8 1 regulation 6 (repayment of amounts in respect of a large company's total liability for an accounting period) is amended as follows. 2 for the title to regulation 6, substitute " repayments: large companies and very large companies ". 3 in paragraph (1), after "large company" insert "or very large company". 4 in paragraph (1)(a), for "regulation 4a, 4b, 4c, 4d, 5, 5a or 5b (as the case may be)" substitute "these regulations". amendment of regulation 7 9 1 regulation 7 (interest on unpaid amounts of a large company's total liability for an accounting period) is amended as follows. 2 for the title to regulation 7, substitute " interest on unpaid amounts: large companies and very large companies ". 3 in paragraph (1), after "large company" insert "or a very large company". 4 in paragraph (2) in the inserted text, for "for an accounting period in accordance with regulation 4a, 4b, 4c, 4d, 5, 5a or 5b (as the case may be) of" substitute "or a very large company for an accounting period in accordance with". 5 in paragraph (4) in the inserted text, after "large company" insert "or a very large company". 6 in paragraph (5) in the inserted text, for "has the meaning given by regulation 3 of" substitute "and "very large company" have the meanings given in". amendment of regulation 8 10 1 regulation 8 (interest on overpaid amounts of a company's total liability for an accounting period) is amended as follows. 2 in paragraph (1)(a) - i after "large company" insert "or a very large company"; and ii for "regulation 4a, 4b, 4c, 5, 5a or 5b" substitute "these regulations". 3 in paragraph (1)(b), after "large company" insert "or a very large company". 4 in paragraph (2)(a) in the inserted text of paragraph (ca) - a after "large company" insert "or a very large company"; b omit "regulation 3 of"; and c omit "regulation 4a, 4b, 4c, 5, 5a or 5b of". 5 in paragraph (2)(a) in the inserted text of paragraph (cb), after "large company" insert "or a very large company". 6 in paragraph (3) in the inserted text of subsection (3za) - a for "date on which the first" substitute "earliest date on which an"; and b omit "regulation 4a, 4b, 4c, 5(3), 5a(3) or 5b(3) of". amendment of regulation 9 11 1 regulation 9 (consequential amendment of chapter 4 of part 22 of cta 2010) is amended as follows. 2 in paragraph (1) - a after "accounting period and" insert "the surrendering company or the recipient company (or both) is a large company or a very large company"; and b omit sub-paragraphs (a) and (b). 3 in paragraph (5) in the inserted text of subsection (6b) - a in paragraph (a) of that subsection - i after "large company" insert "or a very large company"; and ii omit "regulation 4a, 4b, 4c, 5, 5a or 5b of"; and b in paragraph (b) of that subsection, after "large company" in both places in which it appears insert "or a very large company". 4 in paragraph (5) in the inserted text of subsection (6f), for "has the same meaning as in regulation 3 of" substitute "and "very large company" have the meanings given in". amendment of regulation 10 12 1 regulation 10 (information to be provided to hmrc ) is amended as follows. 2 in both sub-paragraph (a) and (b) of paragraph (1), for "regulation 4a, 4b, 4c, 5, 5a or 5b, as the case may be," substitute "these regulations". amendment in respect of regulation 10a 13 for the title to regulation 10a, substitute " additional information to be provided to hmrc: bank levy ". amendment of regulation 11 14 1 regulation 11 (production of records) is amended as follows. 2 in both sub-paragraph (a) and (b) of paragraph (1), for "regulation 4a, 4b, 4c, 5, 5a or 5b (as the case may be)" substitute "these regulations". amendment of regulation 13 15 1 regulation 13 (penalty for unpaid tax) is amended as follows. 2 for "regulation 4a, 4b, 4c, 5, 5a or 5b (as the case may be)" substitute "these regulations". regulations 4, 4a, 4b, 4c and 4d 16 regulations 4, 4a, 4b, 4c and 4d are omitted. david rutley david evennett two of the lords commissioners of her majesty's treasury 7th november 2017

citation and interpretation 1 1 these regulations may be cited as the policing and crime act 2017 (commencement no. 1 and transitional provisions) regulations 2017. 2 in these regulations "the act" means the policing and crime act 2017. provisions coming into force on 3rd april 2017 2 the day appointed for the coming into force of the provisions of the act specified in the schedule to these regulations is 3rd april 2017. provisions coming into force on 6th april 2017 3 the day appointed for the coming into force of the following provisions of the act is 6th april 2017 - a section 135 (meaning of "alcohol": inclusion of alcohol in any state); b section 136 (interim steps pending review: representations); c section 137 (summary reviews of premises licences: review of interim steps); d section 138 (personal licences: licensing authority powers in relation to convictions); e section 139 (licensing act 2003: addition of further relevant offences); and f section 140 (licensing act 2003: guidance). provisions coming into force on 2nd may 2017 4 the day appointed for the coming into force of the following provisions of the act is 2nd may 2017 - a sections 36 and 37 (inspection); b section 125 (firearms act 1968: meaning of "firearm" etc ) in so far as it is not already in force; c section 127 (possession of articles for conversion of imitation firearms); d section 128 (controls on defectively deactivated weapons); e section 129 (controls on ammunition which expands on impact); and f section 130 (authorised lending and possession of firearms for hunting etc). transitional provision in respect of pre-charge bail 5 1 sections 52 to 58, 60 and 62 to 65 of the act do not apply in relation to a person in respect of an offence if the person was - a first arrested for the offence on or before 2nd april 2017; b given a conditional caution in respect of the offence on or before 2nd april 2017. 2 in this regulation "conditional caution" has the same meaning as in part 3 of the criminal justice act 2003 . transitional provision in respect of retention of biometric material 6 1 subject to paragraph (2), section 70 of the act only applies to section 63d material taken or (in the case of a dna profile) derived from a sample taken, on or after 3rd april 2017. 2 the amendments made by section 70 of the act to sections 63f, 63h, 63k and 63n of the 1984 act apply for the purposes of section 63p(2) of the 1984 act where the date mentioned in section 63p(2)(b) is 3rd april 2017 or any subsequent date. 3 in this regulation - "the 1984 act" means the police and criminal evidence act 1984 ; "section 63d material" means fingerprints and dna profiles to which section 63d of the 1984 act applies. transitional provisions in respect of inspection 7 section 37(2) of the act does not apply in relation to reports published under section 55 of the police act 1996 on or before 1st may 2017. 8 section 37(6) of the act does not apply in relation to reports published under section 11 of, and paragraph 3 of schedule 6 to, the crime and courts act 2013 on or before 1st may 2017. brandon lewis minister of state home office 13th march 2017

citation and commencement 1 1 these regulations may be cited as the european political parties and european political foundations regulations 2017. 2 these regulations come into force on 24th april 2017. interpretation 2 1 in these regulations - "the act" means the companies act 2006 ; "authority" means the authority for european political parties and european political foundations which is established under article 6; "company limited by guarantee" means a company described in section 3(3) of the act; "eupf" means a european political foundation within the meaning set out in article 2(4); " eu pp " means a european political party within the meaning set out in article 2(3); "eu regulation" means regulation (eu, euratom) no 1141/2014 of the european parliament and of the council of 22nd october 2014 on the statute and funding of european political parties and european political foundations ; "registrar" has the meaning set out in section 1060(3) of the act; "seat" has the meaning set out in article 2(11); and " uk seat" means a seat which is located in the uk. 2 in these regulations references to numbered articles are, unless otherwise stated, references to articles in the eu regulation. conditions governing the registration of an eupp or an eupf 3 a person must not file an application with the authority under article 8 for the registration of an eupp or an eupf with a uk seat unless - a the body in respect of which the registration is sought has been registered by the registrar as a company limited by guarantee with its registered office situated in england and wales (or wales), scotland or northern ireland; and b the application to the authority is accompanied by a copy of the certificate of incorporation of the eupp or of the eupf as a company limited by guarantee. territorial extent 4 these regulations extend to the whole of the united kingdom. review 5 1 the secretary of state must from time to time - a carry out a review of these regulations; b set out the conclusions of the review in a report; and c publish the report. 2 the report must in particular - a set out the objectives intended to be achieved by the regulatory system established by these regulations; b assess the extent to which those objectives have been achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in another way that imposed less regulation. 3 reports under this regulation are to be published at intervals not exceeding five years commencing with the date on which these regulations come into force. margot james parliamentary under secretary of state, minister for small business, consumers and corporate responsibility department for business, energy and industrial strategy 27th march 2017

citation, commencement and application 1 1 this order may be cited as the bolsover (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 articles 3 and 4 come into force - a for the purpose of proceedings preliminary or relating to the election of councillors, on the day after the day on which this order is made; b for all other purposes, on the ordinary day of election of councillors in 2019. interpretation 2 1 in this order, "the map" means the map marked "map referred to in the bolsover (electoral changes) order 2017", held by the local government boundary commission for england . 2 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of bolsover and number of councillors 3 1 the existing wards of the district of bolsover are abolished. 2 the district of bolsover is divided into 17 wards as listed in the first column of the table in schedule 1. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected for each ward is the number specified in relation to that ward in the second column of the table in schedule 1. wards of the parishes of clowne, old bolsover, scarcliffe and shirebrook 4 1 the existing wards of the parishes of clowne, old bolsover, scarcliffe and shirebrook are abolished. 2 the parish of clowne is divided into the three parish wards listed in the first column of table 1 in schedule 2. 3 the parish of old bolsover is divided into the five parish wards listed in the first column of table 2 in schedule 2. 4 the parish of scarcliffe is divided into the two parish wards listed in the first column of table 3 in schedule 2. 5 the parish of shirebrook is divided into the three parish wards listed in the first column of table 4 in schedule 2. 6 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 7 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 13th december 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the blood safety and quality (amendment) regulations 2017 and come into force on 15th february 2018. 2 in these regulations "the principal regulations" means the blood safety and quality regulations 2005 . amendment of regulation 7 of the principal regulations 2 in regulation 7 of the principal regulations (blood establishment requirements), in paragraph (1)(b), after "commission directive 2005/62/ec " insert "and which gives effect to the requirements in respect of the use of good practice guidelines set out in article 2.2 of that directive ". amendment of regulation 9 of the principal regulations 3 in regulation 9 of the principal regulations (hospital blood bank requirements), in paragraph (1)(b), after "commission directive 2005/62 ec " insert "and which gives effect to the requirements in respect of the use of good practice guidelines set out in article 2.2 of that directive". signed by authority of the secretary of state for health. jackie doyle-price parliamentary under-secretary of state, department of health 20th december 2017

citation and commencement 1 this order may be cited as the naval, military and air forces etc. (disablement and death) service pensions (amendment) order 2017 and comes into force on 10th april 2017. amendment of the naval, military and air forces etc. (disablement and death) service pensions order 2006 2 the naval, military and air forces etc. (disablement and death) service pensions order 2006 ("the principal order") is amended as follows. amendment of schedule 1 (disablement due to service in the armed forces) 3 in schedule 1 to the principal order - a for the table in part 2 substitute the table in schedule 1 to this order; b for tables 1 and 2 in part 3 substitute tables 1 and 2 in schedule 2 to this order; and c for the table in part 4 substitute the table in schedule 3 to this order. amendment of schedule 2 (death due to service in the armed forces) 4 in schedule 2 to the principal order - a for tables 1, 2, 3, 4, 5, 6 and 7 in part 2 substitute tables 1, 2, 3, 4, 5, 6 and 7 in schedule 4 to this order; and b for the table in part 3 substitute the table in schedule 5 to this order. richard tilbrook clerk of the privy council

title and commencement 1 the title of this order is the hirwaun generating station (amendment) order 2017 and comes into force on 20 october 2017. amendments to the hirwaun generating station order 2015 2 1 schedule 2 (requirements) to the hirwaun generating station order 2015 is amended as follows. 2 for requirement 4(3) substitute the following paragraph - 3 save in respect of the bat mitigation structure forming part of numbered work 2e(g), the remainder of numbered work 2 of the authorised development is not to commence until details of the layout, scale and external appearance of numbered work 2 (except for the bat mitigation structure) have been submitted to and approved by the relevant planning authority in consultation with the brecon beacons national park authority. 3 for requirement 4(6) substitute the following paragraph - 6 save as otherwise provided for in this requirement, the authorised development must be carried out substantially in accordance with the mitigation measures identified in the mitigation commitments register in so far as they relate to the authorised development. notwithstanding the reference on page 9 of the mitigation commitments register to the bat mitigation structure being provided one year prior to the demolition of the existing structures, where bat mitigation has been in place for the period agreed with the relevant planning authority and natural resources wales in accordance with requirement 4(7)(b)(iv) that period shall be deemed to be substantially in accordance with the mitigation measures identified in the commitments register. 4 insert new requirement 4(7) - 7 the bat mitigation structure forming part of numbered work 2e(g) of the authorised development is not to commence until: a dusk and dawn bat surveys have been completed and the results submitted to the relevant planning authority and natural resources wales; and b the following details of the bat mitigation structure have been submitted to and approved by the relevant planning authority in consultation with natural resources wales (informed by the results of the survey referred to in (a) above): i whether the structure is to be an existing building or a new structure; ii if new, the siting of the structure, the scale of the structure and the external appearance of the structure; iii if an existing building, details of any alterations to the building required to make it suitable as bat mitigation; and iv the period for which such mitigation (for either a new structure or existing building) is required to be in place prior to demolition works commencing on site. 5 for requirement 5(1) substitute the following paragraph - 1 with the exception of the bat mitigation structure forming part of numbered work 2e(g) of the authorised development which may commence, the remainder of numbered work 2 of the authorised development is not to commence until a written landscaping plan for numbered work 2 has been submitted to and approved by the relevant planning authority. the landscaping plan must include details of all proposed hard and soft landscaping works and be substantially in accordance with the landscaping mitigation proposals set out in figure 11.5 of the environmental statement in so far as they relate to numbered work 2, and include details of - a location, number, species, size and planting density of any proposed planting including details of any proposed tree planting and the proposed times of such planting; b cultivation, importing of materials and other operations to ensure plant establishment; c proposed finished ground levels; d hard surfacing materials; e vehicular and pedestrian access, parking and circulation areas; f minor structures, such as furniture, refuse or other storage units and signs; g existing trees to be retained, with measures for their protection together with any landscaping and visual mitigation required during the construction period; h implementation timetables for all landscaping works; i measures for the management of the ecological resources that will remain within the order land on completion of the authorised development; and j landscaping maintenance throughout the operational life of the authorised development. 6 for requirement 6(1) substitute the following paragraph - 1 with the exception of the bat mitigation structure forming part of numbered work 2e(g) of the authorised development which may commence, the remainder of numbered work 2 of the authorised development is not to commence until written details of the design, layout and (where not already identified in schedule 3 and the rights of way, streets and access plan) siting of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic, has been submitted to and approved by the relevant planning authority (in consultation with the highway authority). 7 for requirement 7(1) substitute the following paragraph - 1 with the exception of the bat mitigation structure forming part of numbered work 2e(g) of the authorised development which may commence, the remainder of numbered work 2 of the authorised development is not to commence until written details of all proposed permanent and temporary fences, walls or other means of enclosure have been submitted to and approved by the relevant planning authority. 8 for requirement 8(1) substitute the following paragraph - 1 with the exception of the bat mitigation structure forming part of numbered work 2e(g) of the authorised development which may commence, the remainder of numbered work 2 of the authorised development is not to commence until written details of a surface and foul water drainage plan (including means of pollution control) have, after consultation with the relevant sewerage and drainage authority, been submitted to and approved by the relevant planning authority, such strategy to be in substantial accordance with the principles set out in section 5.2 of the flood risk assessment. 9 for requirement 9(1), substitute the following paragraph - 1 with the exception of the bat mitigation structure forming part of numbered work 2e(g) of the authorised development which may commence, the remainder of numbered work 2 of the authorised development is not to commence until a written scheme applicable to that numbered work, to deal with the contamination of any land, including groundwater, which is likely to cause significant harm to persons, the environment or significant pollution of controlled waters has, after consultation with natural resources wales been submitted to and approved by the relevant planning authority. 10 for requirement 10(1) substitute the following paragraph - 1 with the exception of the bat mitigation structure forming part of numbered work 2e(g) of the authorised development which may commence, each of numbered works 1 and the remainder of numbered work 2 of the authorised development is not to commence until a written ecological management plan covering that numbered work reflecting a preconstruction ecological constraints survey and the ecological mitigation plan for that numbered work, figure 11.5 and section 8.7 of the environmental statement has been submitted to and approved by the relevant planning authority in consultation with natural resources wales. 11 for requirement 11(1) substitute the following paragraph - 1 with the exception of the bat mitigation structure forming part of numbered work 2e(g) of the authorised development which may commence, each of numbered work 1 and the remainder of numbered work 2 of the authorised development is not to commence until a written scheme of investigation covering that numbered work has been submitted to and approved by the relevant planning authority. 12 for requirement 12(1), substitute the following paragraph - 1 no numbered work of the authorised development is to commence other than the bat mitigation structure forming part of numbered work 2e(g) of the authorised development until a construction environment management plan covering that numbered work has been submitted to and approved by the relevant planning authority. 13 for requirement 13(1) substitute the following paragraph - 1 no numbered work of the authorised development other than tree felling and the bat mitigation structure forming part of numbered work 2e(g) of the authorised development is to commence until a construction traffic management plan covering that numbered work has been submitted to and approved by the relevant planning authority in consultation with welsh government transport. the construction management plan is to detail the proposals for the movement of construction traffic and abnormal indivisible loads associated with the authorised development and is to include - a construction vehicle routing plans at 1:2,500 scale for all traffic including abnormal indivisible loads showing - i swept path analysis from the point of entry onto the highway network to the order land; ii highway mitigation in respect of any identified constraints on vehicle movements such as embargo periods, route traffic sensitivity, temporary road works and other highway restrictions to be developed following consultation with the south wales trunk road agent, and, where relevant, referring to supporting hd19/03 safety audit documentation (as contained within the design manual for roads and bridges volume 5 section 2 part 2 and as amended or replaced); and iii land ownership boundaries for any required holding areas, passing areas and layover areas; b evidence of appropriate trial runs that demonstrate the suitability of the route from the point of entry onto the trunk road network to the order land for the proposed types of abnormal indivisible loads; c site access plans at 1:2,500 scale that include supporting hd19/03 safety audit documentation (as contained within the design manual for roads and bridges volume 5 section 2 part 2 and as amended or replaced); d proposals for the management of junctions to and crossings of the public highway during delivery of abnormal indivisible loads; e proposals for the scheduling and timing of movements of delivery vehicles, to be developed following consultation with the welsh government and potentially affected undertakers, and, in relation to any abnormal indivisible loads, details of vehicle parameters, number of vehicles in convoy size, dimensions (width, length, height) and weight (total vehicle with load and axel loading); f details of escorts for abnormal indivisible loads highlighting where and when along the route private vehicles, banksman and police vehicles escorts will be used (including emergency contingencies); g proposals for temporary warning signs and banksman for abnormal indivisible loads, including provision of plan drawings and associated traffic signs schedule highlighting locations along the route where temporary traffic management (including cones and temporary signs) needs to be deployed; h a methodology for undertaking a conditions survey of main avenue, fourth avenue and any other land identified during the trial runs that may have a constraining impact on the abnormal indivisible load movements including the timescales for undertaking the surveys and the method(s) of reporting the findings to the relevant planning authority, comprehensive photographs and potential compensation arrangements; i details of any temporary or permanent improvements to highways; j proposals for the making good of any incidental damage to highways by construction traffic associated with the authorised development including street furniture, structures, drainage features, highway verge and carriageway surfaces; k proposals for traffic management controls (such as temporary signals), diversion routes and signage required during any of the activities, operations or works set out in schedule 4; and l proposals for the notification of occupiers of land adjacent to the construction traffic route of the scheduling and timing of abnormal indivisible load movements from the point of exit from the trunk road network to the order land. 14 for requirement 16(1) substitute the following paragraph - 1 with the exception of the bat mitigation structure forming part of numbered work 2e(g) of the authorised development which may commence, the remainder of numbered work 2 of the authorised development is not to commence until, after consultation with the relevant planning authority, a written scheme for the management and mitigation of artificial light emissions which is in accordance with the outline lighting strategy in so far as it relates to the authorised development has been submitted to and approved by the relevant planning authority in consultation with the brecon beacons national park authority. lesley griffiths cabinet secretary for environmental and rural affairs, one of the welsh ministers 17 october 2017

citation 1 this order may be cited as the designation of schools having a religious character (england) order 2017 and comes into force on the day after the day it was made. interpretation 2 in this order "the relevant religion or religious denomination" means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted. designation of schools 3 1 the voluntary schools listed in column (1) of the schedule are designated as schools having a religious character. 2 the relevant religion or religious denomination in relation to a school listed in column (1) of the schedule is specified in relation to that school in column (2). signed on behalf of the secretary of state lesley jones deputy director department for education 27th april 2017

citation 1 these regulations may be cited as the finance act 2016, section 166 (appointed day) regulations 2017. appointed day 2 the amendment to the taxes management act 1970 made by section 166 of the finance act 2016 (offences relating to offshore income, assets and activities) comes into force on 7th october 2017 and has effect in relation to the tax year commencing on 6th april 2017 and subsequent tax years. guto bebb david evennett two of the lords commissioners for her majesty's treasury 5th october 2017

citation, commencement, effect and interpretation 1 1 these regulations may be cited as the corporate interest restriction (financial statements: group mismatches) regulations 2017 and come into force on 29th december 2017. 2 the regulations have effect for periods of account of a worldwide group that begin on or after 1 april 2017. 3 for the purposes of these regulations, "the specified amounts" means - a the net group-interest expense , b the adjusted net group-interest expense , c the qualifying net group-interest expense , and d the group-ebitda . loan relationship accounted for at fair value 2 1 this regulation applies where on 1 april 2017 a company is a party to a loan relationship which is dealt with - a in the company's accounts on an amortised cost basis of accounting, and b in the financial statements of the worldwide group of which the company is a member - i on the basis of fair value accounting , or ii as a hedged item in a designated fair value hedge where the carrying value of the hedged item is adjusted for changes in fair value attributable to the hedged risk. 2 for the purpose of calculating the specified amounts, the financial statements of the worldwide group are treated, in relation to the loan relationship, as having been drawn up on an amortised cost basis of accounting. 3 in this regulation, "amortised cost basis of accounting", in relation to a company's loan relationship, means a basis of accounting under which an asset or liability representing the loan relationship is measured in the company's balance sheet at its amortised cost using the effective interest method. 4 in paragraph (3), "effective interest method" has the meaning given by international accounting standards. debt buy-back 3 1 this regulation applies where - a on 1 april 2017 a loan relationship exists between two companies which are members of the same worldwide group, b the loan was previously recognised in the financial statements of the worldwide group, c the loan was derecognised in the financial statements of the worldwide group when - i a company in the worldwide group became party as creditor to the loan relationship, or ii the company which is party to the loan relationship as creditor became a member of the worldwide group, and neither section 361 or 362 of the corporation tax act 2009 applied on the occasion of either of those events, and d a gain or loss was recognised in the financial statements of the worldwide group in respect of the derecognition. 2 for the purpose of calculating the specified amounts, an amount equal to the gain or loss recognised in the financial statements of the worldwide group in respect of the derecognition is treated as brought into account on a just and reasonable basis over the remainder of the term of the loan. employer asset-backed pension contribution 4 1 this regulation applies where in relation to a company which is a member of a worldwide group, a finance charge arises in respect of a finance arrangement which would be an acceptable structured finance arrangement in connection with a contribution paid by an employer under a registered pension scheme in respect of which the employer is entitled to relief under chapter 4 of part 4 of the finance act 2004 and that finance charge - a is treated as interest payable under a transaction or a loan relationship under any of the following provisions of the corporation tax act 2010 - i section 761(3) (deemed loan relationship if borrower is a company), ii section 762(3) (deemed loan relationship if borrower is a partnership with corporate member), iii section 766(3) (deemed loan relationship), or iv section 769(3) (deemed loan relationship), b is a tax-interest expense amount of the company, and c is not recognised as a relevant expense amount in the financial statements of the worldwide group. 2 for the purpose of calculating the specified amounts, an amount equal to the finance charge is treated as brought into account as if it were a relevant expense amount recognised in the financial statements of the worldwide group. 3 in paragraph (1), "acceptable structured finance arrangement" has the meaning given in section 196c (employer asset-backed contributions: "acceptable structured finance arrangement" (1)), section 196e (employer asset-backed contributions: "acceptable structured finance arrangement" (2)) or section 196g (employer asset-backed contributions: "acceptable structured finance arrangement" (3)) of the finance act 2004 , as the case may be. justin holliday nick lodge two of the commissioners for her majesty's revenue and customs 7th december 2017

citation and commencement 1 this order may be cited as the general dental council (continuing professional development) (dentists and dental care professionals) rules order of council 2017 and comes into force on 1st january 2018. privy council approval 2 their lordships, having taken the rules in the schedule into consideration, are pleased to and do approve them. richard tilbrook clerk of the privy council

citation and commencement 1 these regulations may be cited as the offshore asset moves penalty (specified territories) (amendment) regulations 2017. 2 these regulations come into force on 3rd november 2017. amendment of the schedule to the offshore asset moves penalty (specified territories) regulations 2015 3 the schedule to the offshore asset moves penalty (specified territories) regulations 2015 is amended as follows - a omit "albania," and "united states of america (not including overseas territories and possessions),"; and b in the appropriate places, insert the following - bahrain, , cook islands, , ghana, , kuwait, , lebanon, , nauru, , panama, , , vanuatu . david evennett david rutley two of the lords commissioners of her majesty's treasury 11th october 2017

citation and commencement 1 1 this order may be cited as the cherwell (electoral changes) (no. 2) order 2017. 2 this order comes into force - a for the purpose of proceedings preliminary, or relating, to the election of councillors, on the day after the day on which it is made; b for all other purposes, on the ordinary day of election of councillors in england and wales in 2018. alterations of district ward boundaries 2 1 the area that ceases to be part of the parish of bodicote and becomes part of the parish of banbury in consequence of the cherwell district council (reorganisation of community governance) order 2013 ceases to be part of the district ward of adderbury, bloxham & bodicote and becomes part of the district ward of banbury calthorpe & easington. 2 in this article - "district ward" means a district ward as named in the schedule to the cherwell (electoral changes) order 2015 . sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 8th february 2017

citation and commencement 1 this order may be cited as the whittington hospital national health service trust (establishment) (amendment) order 2017 and comes into force on 6th november 2017. change of name and savings 2 1 the whittington hospital national health service trust is to be called the whittington health national health service trust. 2 the whittington hospital national health service trust (establishment order) 1992 is amended in accordance with paragraphs (3) and (4). 3 in article 1(2) (citation, commencement and interpretation) in the definition of "the trust", for "hospital" substitute "health". 4 in article 2 (establishment of the trust), for "hospital" substitute "health". 5 the change of name effected by paragraph (1) does not - a affect any right or obligation of any person; or b invalidate any instrument (whether made before, on or after the day on which this order comes into force) which refers to the whittington hospital national health service trust, and all instruments and other documents which refer to that name must be construed as referring to the whittington health national health service trust. signed by authority of the secretary of state for health. philip dunne minister of state, department of health 25th october 2017

citation 1 these regulations may be cited as the high speed rail (london - west midlands) act 2017 (commencement) regulations 2017. commencement 2 section 11 of and schedule 14 (amendments to this act consequential on the housing and planning act 2016 ) to the high speed rail (london - west midlands) act 2017 come into force on the day after the day these regulations are made. signed by authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 23rd february 2017

citation, commencement and interpretation 1 1 this order may be cited as the thames water utilities limited (thames tideway tunnel) (amendment) order 2017 and comes in force on the day after the day on which it is made. 2 in this order, "the 2014 order" means the thames water utilities limited (thames tideway tunnel) order 2014. amendment of the 2014 order 2 the 2014 order is amended as set out in the table in the schedule to this order, where - a column 1 sets out the provision to be amended; b column 2 sets out the text to be omitted; c column 3 sets out the text to be substituted. certification of substituted plans 3 1 the undertaker must, as soon as practicable after the making of this order, submit copies of the substituted plans referred to in the third column of the table in the schedule to the secretary of state for certification in accordance with paragraph (2). 2 the secretary of state may certify copies submitted under paragraph (1) as true copies of the substituted plans. 3 a plan so certified by the secretary of state is admissible in any proceedings as evidence of the contents of the document of which it is a copy. 4 in paragraph (1), "undertaker" has the meaning given by article 2(1) of the 2014 order . signed by authority of the secretary of state steve quartermain chief planner (director) department for communities and local government 16th may 2017 signed by authority of the secretary of state shaun gallagher director, environmental quality department for environment, food and rural affairs 16th may 2017

citation and commencement 1 these regulations may be cited as the immigration act 2016 (consequential amendments) regulations 2017 and come into force on 30th october 2017. amendment of the payment accounts regulations 2015 2 1 the payment accounts regulations 2015 are amended as follows. 2 in regulation 26(2) (framework contracts and termination), after sub-paragraph (f) insert - g the payment account is required to be closed in accordance with section 40g of the immigration act 2014. . brandon lewis minister of state home office 18th september 2017

citation and interpretation 1 1 this order may be cited as the water act 2014 (commencement no. 9 and transitional provisions) order 2017. 2 in this order - "the 1991 act " means the water industry act 1991 ; "the 2014 act " means the water act 2014; "the authority" means the water services regulation authority; "new retail authorisation" means a retail authorisation given by a new water supply licence; "new supplementary authorisation" means a supplementary authorisation given by a new water supply licence; "new water supply licence" means a water supply licence granted under new section 17a of the 1991 act and "new water supply licensee" is to be construed accordingly; "new wholesale authorisation" means a wholesale authorisation given by a new water supply licence; "old water supply licence" means a water supply licence granted under old section 17a of the 1991 act and "old water supply licensee" is to be construed accordingly; "relevant undertaker" means a water undertaker or a sewerage undertaker; "threshold requirement" is to be construed in accordance with old section 17d of the 1991 act , as the requirement applies to premises supplied with water using the supply system of a water undertaker whose area is wholly or mainly in england. 3 in this order - a a reference to an old provision is a reference to a provision of the 1991 act as it had effect before the coming into force of an amendment or repeal of that provision made by the 2014 act; b a reference to a new provision is a reference to - i a provision of the 1991 act after an amendment of that provision made by the 2014 act has come into force, or ii a provision of the 1991 act that was inserted by the 2014 act. provisions of the 2014 act coming into force on 30th march 2017 2 the following provisions of the 2014 act come into force on 30th march 2017 - a subsection (3) of section 1 (types of water supply licence and arrangements with water undertakers) so far as it relates to paragraph (c); b subsection (3) of section 4 (types of sewerage licence and arrangements with sewerage undertakers) so far as it relates to paragraph (d); c paragraph 4 of schedule 2 (water undertakers' duties as regards water supply licensees) so far as not already in force; d schedule 4 (sewerage undertakers' duties as regards sewerage licensees) so far as it inserts the following provisions into the 1991 act - i section 117f; ii section 117g so far as not already in force; iii section 117h. provisions of the 2014 act coming into force on 1st april 2017 3 the following provisions of the 2014 act come into force on 1st april 2017 - a subsection (3) of section 1 (types of water supply licence and arrangements with water undertakers) so far as it relates to paragraph (i); b section 2 (the supply system of a water undertaker); c subsection (3) of section 4 (types of sewerage licence and arrangements with sewerage undertakers) so far as it relates to paragraph (j); d section 10 (agreements by water undertakers to adopt infrastructure) as follows - i subsection (1) so far as it relates to sub-paragraph (ii); ii subsection (3) so far as it - aa substitutes section 51b(6) of the 1991 act so far as it confers power on the secretary of state to make regulations or make provision in relation to the exercise of that power; bb inserts section 51cb into the 1991 act; e section 11 (agreements by sewerage undertakers to adopt infrastructure) as follows - i subsection (1) so far as it relates to sub-paragraph (ii); ii subsection (3) so far as it inserts section 105zd into the 1991 act; f section 31 (interim duty: water supply); g section 32 (interim duty: sewerage services) so far as not already in force; h section 56 (further amendments) so far as it relates to paragraph (k); i schedule 2 (water undertakers' duties as regards water supply licensees) as follows - i paragraph 1 so far as it substitutes sections 66a, 66aa and 66c of the 1991 act; ii paragraph 2 except as it relates to section 66ca(1)(c), (2) and (3) of the 1991 act; iii paragraph 3; iv paragraph 5 so far as not already in force; v paragraphs 6 to 8; vi paragraph 9 so far as not already in force. j schedule 4 (sewerage undertakers' duties as regards sewerage licensees) so far as it inserts the following provisions into the 1991 act - i sections 117a and 117b; ii section 117e so far as it relates to sections 117a and 117b of the 1991 act; iii section 117m; iv section 117p so far as not already in force; k schedule 7 (further amendments) as follows - i paragraph 2 so far as it relates to sub-paragraphs (ii) to (xxiii); ii paragraph 3 so far as not already in force; iii paragraph 10 so far as not already in force; iv paragraph 12 so far as not already in force; v paragraph 35 as follows - aa sub-paragraph (1) so far as it relates to paragraphs (bb) to (ee); bb sub-paragraph (2) except as it relates to qualifying sewerage licensees; cc sub-paragraph (3); dd sub-paragraph (7) so far as it substitutes section 23(4)(b)(i) of the 1991 act; ee sub-paragraphs (8) and (9); vi paragraphs 36 to 38 except as they relate to qualifying sewerage licensees; vii paragraphs 58 to 61; viii paragraph 73; ix paragraph 74 so far as not already in force; x paragraph 85; xi paragraph 90 so far as it relates to a retail authorisation; xii paragraph 93 so far as it relates to a retail authorisation; xiii paragraph 96; xiv paragraph 98 as follows - aa sub-paragraph (1) so far as it relates to paragraph (bb); bb sub-paragraphs (3) and (4); xv paragraph 100; xvi paragraph 105 so far as not already in force; xvii paragraph 108 so far as not already in force; xviii paragraph 111; xix paragraph 112 so far as not already in force; xx paragraph 115 so far as not already in force; xxi paragraph 118; xxii paragraph 120 as follows - aa sub-paragraph (1) so far as it relates to paragraph (bb); bb sub-paragraph (3) so far as it relates to sections 51ca and 51cb of the 1991 act; xxiii paragraph 123; xxiv paragraphs 128 to 130; xxv paragraphs 136 to 142. provisions of the 2014 act coming into force on 1st october 2017 4 the following provisions of the 2014 act come into force on 1st october 2017 - a section 10 (agreements by water undertakers to adopt infrastructure) so far as not already in force; b section 11 (agreements by sewerage undertakers to adopt infrastructure) so far as not already in force; c section 56 (further amendments) so far as it relates to paragraph (d); d schedule 7 (further amendments) as follows - i paragraph 2 so far as it relates to sub-paragraphs (ii) to (iv); ii paragraphs 91 and 92; iii paragraphs 94 and 95; iv paragraph 98 so far as not already in force. provisions of the 2014 act coming into force on 1st april 2018 5 the following provisions of the 2014 act come into force on 1st april 2018 - a section 18 (charges for providing a water main etc. ); b section 19 (charges for providing a public sewer etc.); c section 20 (charges for moving pipes); d section 56 (further amendments) so far as it relates to paragraph (e); e schedule 7 (further amendments) as follows - i paragraph 2 so far as it relates to sub-paragraphs (ii) and (iii); ii paragraphs 54 to 57; iii paragraphs 87 to 89. transitional provisions in relation to new section 66a of the 1991 act 6 until new section 66b(1) of the 1991 act comes into force - a in new section 66a(5)(a)(ii) of the 1991 act , the reference to a request under section 66b(1) of the 1991 act is to be treated as a reference to a request under old section 66b(1) or (2) of the 1991 act ; b in new section 66a(5)(b)(i) of the 1991 act, the reference to a request under section 66b(2) or (3) of the 1991 act is to be treated as a reference to a request under old section 66b(1) or (2) of the 1991 act. transitional provisions in relation to old section 66b of the 1991 act 7 1 until new section 66b(1) of the 1991 act comes into force, old section 66b of the 1991 act applies as if the modifications in paragraphs (2) to (8) have effect. 2 a reference to a qualifying licensed water supplier is to be treated as a reference to a qualifying water supply licensee. 3 a reference to a retail authorisation is to be treated as a reference to a restricted retail authorisation given by a new water supply licence, or a new retail authorisation, as appropriate. 4 a reference to the supply system of a water undertaker is to be treated as a reference to the supply system of a water undertaker as it is described in old section 17b of the 1991 act . 5 old section 66d(1) of the 1991 act applies in relation to a case referred to the authority for a determination as to whether any condition specified in old section 66b(5) or (6) of the 1991 act is satisfied and a reference to a licensed water supplier in old section 66d(1) of the 1991 act is to be treated as a reference to a qualifying water supply licensee. 6 old sections 66d(2) to (8), 66e and 66f of the 1991 act apply for the purpose of determining - a the period for which, and b the terms and conditions on which, a water undertaker's duties under old section 66b of the 1991 act are to be performed and a reference to a licensed water supplier in old sections 66d(2) to (8), 66e and 66f of the 1991 act is to be treated as a reference to a qualifying water supply licensee. 7 a reference to treatment works is to be construed as follows - a in relation to a water undertaker whose area is wholly or mainly in england, as a reference to works developed or maintained by the water undertaker for the purpose of complying with its duty under section 37 of the 1991 act ; b in relation to a water undertaker whose area is wholly or mainly in wales, as a reference to works designated from time to time by the welsh ministers as treatment works for the purposes of old section 66b(8)(a) of the 1991 act; c in relation to a qualifying water supply licensee with a new supplementary authorisation, as a reference to works designated from time to time by the welsh ministers as treatment works for the purposes of old section 66b(8)(b) of the 1991 act; d in relation to a qualifying water supply licensee with a new wholesale authorisation, as a reference to works owned or operated by the licensee and used for the introduction of water into the undertaker's supply system in accordance with its new wholesale authorisation. 8 a reference to the secretary of state, except in old section 66b(9) of the 1991 act, is to be treated as a reference to the welsh ministers in relation to a water undertaker whose area is wholly or mainly in wales or in relation to a qualifying water supply licensee with a new supplementary authorisation. 9 in this article, "qualifying water supply licensee" means a new water supply licensee with a new supplementary authorisation or a new wholesale authorisation. transitional provisions in relation to old section 66d agreements 8 1 subject to paragraphs (2) to (5), an old section 66d agreement ceases to have effect after 31st march 2017. 2 an old section 66d agreement continues to have effect on and from 1st april 2017, with the modifications set out in sub-paragraphs (a) and (b), in a case where the person who entered into the agreement as the holder of an old water supply licence holds on 1st april 2017 a new water supply licence with a new wholesale authorisation or new supplementary authorisation that authorises that person to make the introduction of water that is the subject of the old section 66d agreement - a where a water undertaker whose area is wholly or mainly in england is a party to the agreement, a reference in that agreement to the old supplementary authorisation is to be treated as a reference to the new water supply licensee's new wholesale authorisation; b where a water undertaker whose area is wholly or mainly in wales is a party to the agreement, a reference in that agreement to the old supplementary authorisation is to be treated as a reference to the new water supply licensee's new supplementary authorisation. 3 the authority may vary or terminate an old section 66d agreement by order, on application by the new water supply licensee who is a party to the agreement. 4 old section 66e of the 1991 act applies for the purpose of determining charges payable under an old section 66d agreement and a reference in old section 66e of the 1991 act to a licensed water supplier is to be treated as a reference to a new water supply licensee. 5 a new water supply licensee may refer a case to the authority for a determination under old section 66d(1) of the 1991 act and in that instance - a the old section 66f of the 1991 act is to apply to that determination, and b a reference in old sections 66d(1) and 66f of the 1991 act to a licensed water supplier is to be treated as a reference to a new water supply licensee. 6 in this article - "old section 66d agreement" means such agreement or determination as is mentioned in old section 66d(3) of the 1991 act ; "old supplementary authorisation" means an authorisation as defined in old section 17a(5) of the 1991 act given by an old water supply licence. transitional provision in relation to new section 66d of the 1991 act 9 a reference to section 66b of the 1991 act in new section 66d of the 1991 act is to be read as if new section 66b of the 1991 act was in force. transitional provisions in relation to new sections 66da to 66dc of the 1991 act 10 in new sections 66da to 66dc of the 1991 act - a a reference to sections 66a to 66c of the 1991 act is to be read as if new sections 66a to 66c of the 1991 act were in force; b a reference to a section 66d agreement is a reference to a section 66d agreement as defined in new section 66d(9) of the 1991 act. transitional provisions in respect of new wholesale authorisations 11 1 until new section 66b(1) of the 1991 act comes into force, paragraphs (2) to (5) have effect in relation to a new wholesale authorisation. 2 a new wholesale authorisation is an authorisation to the new water supply licensee to introduce water into the supply system of a water undertaker - a by means of which system any particular supply in accordance with the licensee's new retail authorisation is to take place, and b where that introduction is to be made in connection with that intended supply. 3 the threshold requirement must be satisfied in relation to the supply of water to any premises, where the supply to those premises is made in connection with the introduction of water into the supply system of a water undertaker under a new wholesale authorisation. 4 any guidance issued by the authority under old section 17d(3) of the 1991 act is to apply to estimates of the quantity of water to be supplied to any premises in accordance with a new wholesale authorisation as it does for any estimate for the purposes of old section 17d(2) of the 1991 act. 5 a reference to the supply system of a water undertaker in the following provisions is to be treated as a reference to the supply system of a water undertaker as it is described in old section 17b of the 1991 act - a section 66j of the 1991 act ; b the description of the new wholesale authorisation in paragraph 5 of schedule 2a to the 1991 act ; c regulation 4 of the water supply (exceptions from supply system prohibitions) regulations 2005 . transitional provisions in respect of secondary supplies and new wholesale authorisations 12 1 until new section 66b(1) of the 1991 act comes into force, paragraphs (2) to (4) have effect in relation to a request under new section 66c(1), (2) or (3) of the 1991 act to a secondary water undertaker. 2 the supply of water to any premises, using the primary water undertaker's supply system must be made in accordance with the requesting water supply licensee's new retail authorisation. 3 the threshold requirement must be satisfied in relation to the supply of water to any premises, where the supply to those premises is made in connection with the introduction of water into the supply system of a water undertaker by way of secondary supply. 4 a reference to the supply system of a water undertaker is to be treated as a reference to the supply system of a water undertaker as it is described in old section 17b of the 1991 act. 5 in this article - "primary water undertaker" has the meaning given in new section 66c(11) of the 1991 act; "secondary supply" means the provision by a secondary water undertaker of a supply of water so that water may be supplied to particular premises, using the primary water undertaker's supply system; "secondary water undertaker" has the meaning given in new section 66c(1) of the 1991 act. transitional provision in respect of undertakings by old water supply licensees 13 1 paragraph (2) applies where an old water supply licensee has entered into an undertaking with a customer before 1st april 2017 to give a supply of water to any premises. 2 if the old water supply licensee holds a new water supply licence on 1st april 2017, the undertaking referred to in paragraph (1) is to be treated as if it was entered into under that new water supply licence. transitional provisions in respect of new charging rules for connections 14 1 the new charging rules and the relevant provisions of the 2014 act do not apply where before 1st april 2018 - a the relevant conditions are already satisfied, or b a person and a relevant undertaker have agreed that the provisions of the 1991 act before they were amended by the relevant provisions of the 2014 act are to continue to be the basis for the calculation of charges. 2 the transitional arrangement provided for in paragraph (1)(b) ends on 31st march 2023 and from 1st april 2023 the new charging rules must be used as the basis for the calculation of charges. 3 in this article - "new charging rules" means rules about charges issued by the authority under section 144za of the 1991 act ; "relevant conditions" means - in relation to the duty of a water undertaker under section 41 of the 1991 act to provide a water main, the conditions specified in old section 42 of the 1991 act ; in relation to the service of a connection notice on a water undertaker under section 45 of the 1991 act , such conditions as the water undertaker may have imposed under old sections 47 to 50 of the 1991 act ; in relation to the duty of a sewerage undertaker under section 98 of the 1991 act to provide a public sewer or lateral drain, the conditions specified in old section 99 of the 1991 act ; in relation to the provision of a lateral drain in accordance with section 101b of the 1991 act following provision of a public sewer, the condition that a request has been made under old section 101b of the 1991 act ; in relation to the making by a sewerage undertaker of a communication with one of its public sewers in accordance with section 107 of the 1991 act , the condition that a person has given a sewerage undertaker notice under old section 106 of the 1991 act proposing to make a communication between a drain or sewer and such a public sewer of that undertaker; in relation to the duty of a relevant undertaker under section 185 of the 1991 act to move a relevant pipe or other apparatus, the condition that a notice has been served on the relevant undertaker under old section 185 of the 1991 act; "relevant provisions of the 2014 act" means - sections 18 to 20 of the 2014 act; and paragraphs 7, 54 to 57 and 87 to 89 of schedule 7 to the 2014 act. transitional provisions in relation to new charging rules for adoption agreements 15 1 before 1st april 2018, old section 51c of the 1991 act continues to have effect in relation to a section 51a agreement. 2 in relation to a section 51a agreement, from 1st april 2018 the new charging rules do not apply and old section 51c of the 1991 act continues to have effect, where before that date - a a section 51a agreement has been made, b an appeal has been made to the authority under old section 51b of the 1991 act , c an application has been made to the authority for an order under new section 51b(4) of the 1991 act , or d a person and a relevant undertaker have agreed that old section 51c of the 1991 act is to continue to be the basis for the calculation of charges and that the new charging rules are not to apply. 3 in relation to a section 104 agreement, from 1st april 2018 the new charging rules do not apply, where before that date - a a section 104 agreement has been made, b an appeal has been made to the authority under old section 105 of the 1991 act , c an application has been made to the authority for an order under new section 105za(4) of the 1991 act , or d a person and a relevant undertaker have agreed that the new charging rules are not to apply. 4 the transitional arrangements provided for in paragraphs (2)(d) and (3)(d) end on 31st march 2023 and from 1st april 2023 the new charging rules must be used as the basis for the calculation of charges. 5 in this article - "new charging rules" means rules about charges issued by the authority under section 51cd or 105zf of the 1991 act ; "section 51a agreement" means an agreement between a water undertaker and a person constructing or proposing to construct a water main or a service pipe made under either old section 51a of the 1991 act or new section 51a of the 1991 act ; "section 104 agreement" means an agreement between a sewerage undertaker and a person constructing or proposing to construct a sewer, a drain or a sewage disposal works made under old section 104 of the 1991 act or new section 104 of the 1991 act . amendment to the water act 2014 (commencement no. 6, transitional provisions and savings) order 2016 16 in paragraphs 1, 2 and 3 of schedule 2 to the water act 2014 (commencement no. 6, transitional provisions and savings) order 2016 , for "3rd april 2017" substitute "1st april 2017". thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 22nd march 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the goods vehicles (licensing of operators) (amendment) regulations 2017 and come into force on 5th october 2017. 2 in these regulations "the principal regulations" means the goods vehicles (licensing of operators) regulations 1995 . amendments to the principal regulations 2 the principal regulations are amended as specified in regulations 3 to 10. 3 in regulation 3 (interpretation), in paragraph (2) - a after the definition of "the 1995 act " insert - "the 2009 regulation " means regulation (ec) no 1071/2009 of the european parliament and of the council of 21st october 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing council directive 96/26/ec ; ; b in the definition of "company", for "section 735 of the companies act 1985" substitute "section 1 of the companies act 2006" ; c omit the definitions of "visiting force", "headquarters" and "vehicle in the service of a visiting force or a headquarters". 4 in regulation 10 (prescribed trade unions and associations), in paragraph (2) for "the general and municipal workers' union" substitute "gmb". 5 in regulation 22 (notification of decisions), in paragraph (1) after "subject to paragraph (2)" insert "and articles 6.2(a) and 15.1 of the 2009 regulation". 6 in regulation 29 (partnerships) - a in paragraph (3) - i for "section 13(3)" substitute "section 13a(2)", and ii for sub-paragraph (b) substitute - b the firm satisfies the requirements to have an effective and stable establishment in great britain and to have appropriate financial standing; ; b in paragraph (4), for "section 13(4)" substitute "section 13b" and for "section 34(a) or (b)" substitute "section 13b(a) or (b)"; c in paragraph (5), for "section 13(6)" substitute "section 13d"; d for paragraph (7) substitute - 7 the provisions of section 27(1) shall apply in any case where the licence holder is a firm if - a the firm ceases to have an effective and stable establishment in great britain (as determined in accordance with article 5 of the 2009 regulation); b any partner of the firm ceases to satisfy the requirements of section 13a(2)(b) (good repute); c the firm ceases to have appropriate financial standing (as determined in accordance with article 7 of the 2009 regulation); or d neither the requirement of sub-paragraph (i) nor that of sub-paragraph (ii) of regulation 29(3)(c) (professional competence) is fulfilled. ; e in paragraph (12), insert the word "and" after paragraph (a), omit sub-paragraphs (b) and (d) and omit the word "and" after paragraph (c). 7 in regulation 30 (holding companies and subsidiaries), in paragraph (7)(a) after "any" insert "establishment and any" and after "an" insert "establishment or". 8 in regulation 31 (continuance of licence on death, bankruptcy etc ), after paragraph (5) insert - 5a in the case of a standard licence, paragraphs (4) and (5) are subject to article 13.1 of the 2009 regulation (time limits for rectification). . 9 in schedule 2 (modifications in relation to holding companies and subsidiaries), in paragraph 2(e) after "any" insert "establishment and any" and after "an" insert "establishment or". 10 in schedule 3, part i (classes of vehicles for which a licence is not required), in paragraph 10, at the end insert "within the meaning of article 8(9) of the visiting forces and international headquarters (application of law) order 1999 ". review 11 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in these regulations, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 5th october 2022. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 6th september 2017

citation and commencement 1 these regulations may be cited as the immigration act 2014 (current accounts) (freezing orders: code of practice) regulations 2017 and come into force on 30th october 2017. code of practice 2 the code of practice entitled "immigration act 2014 code of practice: freezing orders (bank accounts measures)", a draft of which was laid before parliament by the secretary of state under section 40f(3)(a) of the immigration act 2014, comes into force on 30th october 2017. brandon lewis minister of state home office 18th september 2017

citation and commencement 1 these regulations may be cited as the pension schemes act 2015 (transitional provisions and appropriate independent advice) (amendment no. 2) regulations 2017 and come into force on 6th april 2018. amendments to the pension schemes act 2015 (transitional provisions and appropriate independent advice) regulations 2015 2 the pension schemes act 2015 (transitional provisions and appropriate independent advice) regulations 2015 are amended as set out in regulations 3 to 5. amendment to regulation 1 3 in regulation 1(3) (interpretation), after the definition of "guarantee date" insert - "pension credit rights" has the meaning given in section 101b of the 1993 act (interpretation) ; . amendment to regulation 5 4 for regulation 5 (exception to section 48(1)) substitute - exception to section 48(1) 5 1 the trustees or managers are not required to carry out the check in section 48(1) of the act if the transfer value of the member's or survivor's subsisting rights in respect of safeguarded benefits under the pension scheme is 30,000 or less on the valuation date. 2 in this regulation "transfer value" means - a where the rights referred to in paragraph (1) are transferrable rights as defined in section 93(11) of the 1993 act (scope of chapter 1) , the amount of the cash equivalent of those rights calculated in accordance with section 97 of that act (calculation of cash equivalents) and regulations made under it; b where the rights referred to in paragraph (1) are pension credit rights, the amount of the cash equivalent of those rights calculated in accordance with regulations made under section 101i of the 1993 act (pension credit rights: calculation of cash equivalents) ; c in any other case, the amount which would be the cash equivalent of the rights referred to in paragraph (1), calculated in accordance with section 97 of the 1993 act and regulations made under it, as if - i chapter 1 of part 4za of the 1993 act (transfer rights: general) applied to the member or survivor by virtue of those rights; ii references to a member in that chapter and regulations made under it included a survivor of a member; and iii in the case of an active member, the member had ceased to accrue rights to benefits on the valuation date, but, in each case, disregarding regulations 7d (reductions to initial cash equivalents) and 7e (alternative manner of calculating and verifying cash equivalents) of the transfer values regulations . . amendments to regulation 8 5 in regulation 8(6) (information to be provided on initial enquiry) - a for "value" substitute "transfer value (as defined in regulation 5(2))"; and b omit "in accordance with regulation 5(2)". transitional provision 6 1 in this regulation - "the advice regulations " means the pension schemes act 2015 (transitional provisions and appropriate independent advice) regulations 2015; "relevant transaction" has the meaning given in regulation 1(3) (interpretation) of the advice regulations . 2 subject to paragraph (4), the trustees or managers of a pension scheme must provide information to a member of the scheme or a survivor of a member in accordance with paragraph (3) where - a the member or survivor has subsisting rights in respect of safeguarded benefits under the scheme; b on or after 1st october 2017 but before 6th april 2018, the trustees or managers provided to the member or survivor an explanation in accordance with regulation 6 of the advice regulations (information to be provided to the member or survivor); c the trustees or managers have not, since providing the explanation referred to in subparagraph (b) - i provided written confirmation to the member or survivor in accordance with regulation 9(1)(b)(ii) of the advice regulations (determination of whether exception applies and check that advice received); ii received confirmation in the form required by regulation 7 of the advice regulations (form of confirmation of appropriate independent advice) that the member or survivor has received appropriate independent advice; or iii provided information to the member in accordance with regulation 10(3) of the advice regulations (information to be provided where the value of cash equivalent is reduced); and d as a result of the amendment made by regulation 4 of these regulations, the trustees or managers are not required to carry out the check in section 48(1) of the pension schemes act 2015 in relation to the member or survivor. 3 where paragraph (2) applies, the information - a is a written explanation that there is now no requirement for the trustees or managers to check that the member or survivor has received appropriate independent advice before they are able to carry out a relevant transaction; and b must be provided on or before 26th april 2018. 4 this regulation does not require information to be provided to a member or survivor if, on or after 1st october 2017 but before 6th april 2018, the trustees or managers informed the member or survivor in writing that - a the exception in regulation 5 of the advice regulations (as amended by these regulations) may or will apply in relation to the member or survivor from 6th april 2018; and b the member or survivor may contact the trustees or managers on or after 6th april 2018 for further information. signed by authority of the secretary of state for work and pensions. guy opperman parliamentary under secretary of state department for work and pensions 12th december 2017

citation and commencement 1 1 this order may be cited as the general medical council (miscellaneous amendments) order of council 2017 and comes into force on 30th november 2017. privy council approval 2 their lordships, having taken the rules in the schedule into consideration, are pleased to and do approve them. richard tilbrook clerk of the privy council

citation and commencement 1 these regulations may be cited as the judicial pensions (additional voluntary contributions) regulations 1995 (amendment) regulations 2017 and come into force on 1st april 2017. amendments to the judicial pensions (additional voluntary contributions) regulations 1995 2 the judicial pensions (additional voluntary contributions) regulations 1995 are amended as follows. amendment to regulation 1.2 (interpretation) 3 in regulation 1.2 - a before the definition of "additional voluntary contributions" insert - "accrued benefits" means the total value of a minus b, where - a is the sum of the realisable value of the investments made by the administrators with the contributions paid by the member, plus any transfer payment accepted in relation to the member under regulation 2.22; and b is the sum of - any amount deducted in respect of tax under regulation 2.30; the fees or charges of an authorised provider in relation to the investments made by the administrator defrayed in accordance with regulation 2.31; and any amount that has already been transferred out of the scheme under regulation 2.28; ; b after the definition of "qualifying judicial office" insert ""qualifying recognised overseas pension scheme" has the meaning given in section 169(2) of the 2004 act ;". substitution of regulation 2.15 (maximum contributions) 4 for regulation 2.15 and the heading before it substitute - contributions 2.15 1 the member must from time to time, as required by the administrators, instruct the administrators by notice in writing as to the level and form of contributions that the member wishes to make. 2 a member may contribute to the scheme by way of - a lump sum payments made from time to time of the same or a different amount; b regular payments of the same amount; or c a combination of lump sum and regular payments, and in any case payment must be made by way of deduction from the member's salary. 3 a notice under paragraph (1) must specify - a in the case of a regular payment, the amount of each regular payment or, if expressed as a percentage of salary, that percentage; b in the case of a lump sum, the amount of the contribution. 4 a member's contributions in any tax year must not exceed the amount which, when aggregated with all contributions to any other registered scheme in the same tax year, brings the member's total contributions for that tax year up to the maximum amount of relief as calculated under section 190 of the 2004 act . . revocation of regulation 2.18 (manner of making contributions) 5 omit regulation 2.18. amendment to regulation 2.19 (investment of contributions) 6 in regulation 2.19, for "2.18" substitute "2.15". amendment to regulation 2.20 (selection of type of investments) 7 in regulation 2.20, for "may" substitute "must". substitution of regulation 2.22 (transfers in) 8 for regulation 2.22 substitute - 2.22 the following types of transfers in to the scheme may be accepted by the scheme - a a payment representing the cash equivalent of the member's accrued rights in any other registered scheme, if the administrator of that other registered scheme certifies that the payment will comprise a recognised transfer as defined in section 169 of the 2004 act; b a payment representing the cash equivalent of the member's accrued rights in a qualifying recognised overseas pension scheme. substitution of regulation 2.24 (benefits which may be provided) 9 for regulation 2.24 substitute - 2.24 1 a member is entitled to the benefits attributable to the accrued benefits. 2 the administrators must provide only benefits authorised by or under chapter 3 of part 4 of the 2004 act. 3 where the member wishes, from time to time, to take benefits under this scheme the member must give notice in writing to the administrators. 4 a notice under paragraph (3) must specify - a the proportion of the member's benefits referred to in paragraph (1) to which the notice relates; b the member's preference as to the benefits to be provided under paragraph (2) in relation to that proportion; and c if the member wishes a combination of benefits is to be provided, what proportion of the member's accrued benefits the member wishes to be allocated to each type of benefit. substitution of regulation 2.28 (leaving the scheme) 10 for regulation 2.28 substitute - 2.28 1 a member may cease to be a member of the scheme in relation to all or part of the accrued benefits at any time before those benefits are paid under regulation 2.24 by requesting the administrators to (in such a manner as may, subject to chapters 1 and 2 of part 4za of the pension schemes act 1993 or to chapters 1 and 2 of part 4za of the pension schemes (northern ireland) act 1993 , be specified by the administrators) take one of the actions in paragraphs (2)(a) to (d). 2 the actions referred to in paragraph (1) are - a to transfer all or part of the value of the member's accrued benefits to any other registered scheme or a qualifying recognised overseas pension scheme in which the member is participating (provided that the other pension scheme is willing and able to accept such a transfer value); b to use all or part of the member's accrued benefits to purchase one or more insurance policies of the type described in section 95(2)(c) of the pension schemes act 1993 or section 91(2)(c) of the pension schemes (northern ireland) act 1993 ; c if the member's service, together with any service whilst a member of a previous employer's pension scheme from which a transfer value has been paid to this scheme, totals less than two years, to pay the member the value of the member's accrued benefits; d to use all or part of the member's accrued benefits in any other way which is not an unauthorised payment within the meaning of section 160(5) of the 2004 act . 3 without prejudice to the effect of section 95(1) and (9) and section 99 of the pension schemes act 1993 and section 91(1) and (9) and section 95 of the pension schemes (northern ireland) act 1993 , where all or part of the value of a member's accrued benefits is paid out from the scheme the administrators will be discharged from any obligation to provide any benefits under the scheme in relation to the value paid out, but the member may cease to be a member in relation to all or part of the remaining value in accordance with this regulation. . amendment to regulation 2.31 (administrative expenses) 11 in regulation 2.31 , for the words "sums received by way of voluntary contributions" substitute "the realisable value of the investments made by the administrators with the contributions paid by the member". elizabeth truss lord chancellor 23rd february 2017 david mundell secretary of state for scotland 22nd february 2017 we consent and concur stephen barclay guto bebb two of the lords commissioners of her majesty's treasury 23rd february 2017

citation and commencement 1 this order may be cited as the education (national curriculum) (key stage 2 assessment arrangements) (england) (amendment) order 2017 and comes into force on the day after the day on which it is made. amendments to the education (national curriculum) (key stage 2 assessment arrangements) (england) order 2003 2 article 7 of the education (national curriculum) (key stage 2 assessment arrangements) (england) order 2003 is amended as follows - a in paragraph (3) for the wording "that record of the results is inaccurate or is otherwise incorrect" substitute "the accuracy or correctness of that record of results is in doubt"; b for paragraph (6)(b), substitute - b the secretary of state determines that the accuracy or correctness of the record of the result is in doubt, . nick gibb minister of state department for education 26th january 2017

citation and commencement 1 these regulations may be cited as the sections 106b, 106c and 106d of the taxes management act 1970 (specified threshold amount) regulations 2017 and come into force on 3rd november 2017. interpretation 2 1 in these regulations - a "crs" means the common reporting standard for automatic exchange of financial account information in tax matters developed by the organisation for economic co-operation and development as amended from time to time; b "crs arrangements" means the arrangements relating to the crs described in paragraph (2). c "excluded offshore income tax or capital gains tax" means income tax or capital gains tax chargeable on or by reference to offshore income, assets or activities which, at the relevant time, is reportable to the commissioners for her majesty's revenue and customs pursuant to - i crs arrangements; or ii article 8 of council directive 2011/16/eu . d "relevant time" means the time when the event giving rise to income tax or capital gains tax chargeable on or by reference to offshore income, assets or activities occurs; e " tma 1970" means the taxes management act 1970 . 2 the arrangements relating to the crs referred to in paragraph (1)(b) are arrangements made to ensure automatic exchange of financial account information between the united kingdom and the territories specified in the schedule to these regulations meeting the crs . threshold amount for the purposes of sections 106b to 106d of tma 1970 3 the threshold amount for a year of assessment for the purposes of sections 106b to 106d of tma 1970 (offences relating to certain failures to comply with sections 7 or 8 of tma 1970 by a taxpayer chargeable to income tax or capital gains tax on or by reference to offshore income, assets or activities) is 25,000. 4 whether the threshold amount has been exceeded in relation to a person for the purposes of sections 106b to 106d of tma 1970 must be determined by reference to - a regulations 5 and 6 for the purposes of section 106b of tma 1970 (offence of failure to give notice of being chargeable to tax); b regulation 7 for the purposes of section 106c of tma 1970 (offence of failing to deliver a tax return); c regulations 8 and 9 for the purposes of section 106d of tma 1970 (offence of making an inaccurate return). calculation of the total amount of income tax and capital gains tax chargeable on or by reference to offshore income, assets or activities for the purposes of section 106b of tma 1970 5 the total amount of income and capital gains tax chargeable for a year of assessment on or by reference to offshore income, assets or activities for the purposes of section 106b of tma 1970 ("the section 106b amount") must be calculated in accordance with the applicable provisions of paragraphs 7 and 11 of schedule 41 to the finance act 2008 (penalty for failure to notify) ("paragraphs 7 and 11") construed as described in regulation 6. 6 paragraphs 7 and 11 must be construed as if - a the purpose of those paragraphs is to calculate the section 106b amount (with references to "potential lost revenue" construed accordingly); and b those paragraphs have effect only in relation to income tax or capital gains tax chargeable on or by reference to offshore income, assets or activities (other than excluded offshore income tax or capital gains tax). calculation of the total amount of income tax and capital gains tax chargeable on or by reference to offshore income, assets or activities for the purposes of section 106c of tma 1970 7 the total amount of income and capital gains tax chargeable for a year of assessment for the purposes of section 106c of tma 1970 is the amount of any liability to income tax or capital gains tax chargeable on or by reference to offshore income, assets or activities (other than excluded offshore income tax or capital gains tax) which would have been shown in the return in question. calculation of the increase in the amount of income tax and capital gains tax chargeable on or by reference to offshore income, assets or activities for the purposes of section 106d of tma 1970 8 the increase in the amount of income and capital gains tax chargeable on or by reference to offshore income, assets or activities for a year of assessment for the purposes of section 106d of tma 1970 ("the section 106d amount") must be calculated in accordance with the applicable provisions of paragraphs 5, 6 and 7 of schedule 24 to the finance act 2007 (inaccuracy in taxpayer's document) ("paragraphs 5, 6 and 7") construed as described in regulation 9. 9 paragraphs 5, 6 and 7 must be construed as if - a the purpose of those paragraphs is to calculate the section 106d amount (with references to "potential lost revenue" construed accordingly); b those paragraphs have effect only in relation to income tax or capital gains tax chargeable on or by reference to offshore income, assets or activities (other than excluded offshore income tax or capital gains tax); and c for the purposes of paragraph 6, the inaccuracy were a careless inaccuracy as described in paragraph 3(1)(a) of schedule 24 to the finance act 2007. david evennett david rutley two of the lords commissioners of her majesty's treasury 11th october 2017

part 1 general citation, commencement and application 1 1 these regulations may be cited as the town and country planning (environmental impact assessment) regulations 2017 and come into force on 16th may 2017. 2 subject to paragraph (3), these regulations apply in relation to england only. 3 regulations 60, 61 and 62 apply in relation to scotland, wales and northern ireland respectively . interpretation 2 1 in these regulations - "the 1991 act " means the planning and compensation act 1991 ; "the 1995 act " means the environment act 1995 ; " the act " means the town and country planning act 1990 ; "appropriate register" means the register on which particulars of an application for planning permission for the relevant development or an application for subsequent consent have been placed or would fall to be placed if such an application were made; "the consultation bodies" means - any body which the relevant planning authority is required to consult, or would, if an application for planning permission for the development in question were before them, be required to consult by virtue of article 18 (consultations before the grant of permission) of the order or of any direction under that article; the marine management organisation , in any case where the proposed development would affect, or would be likely to affect, any of the following areas - waters in or adjacent to england up to the seaward limits of the territorial sea; an exclusive economic zone , except any part of an exclusive economic zone in relation to which the scottish ministers have functions; a renewable energy zone , except any part of a renewable energy zone in relation to which the scottish ministers have functions; an area designated under section 1(7) of the continental shelf act 1964 , except any part of that area which is within a part of an exclusive economic zone or renewable energy zone in relation to which the scottish ministers have functions; and the following bodies if not referred to in paragraph (a) or (b) - any principal council for the area where the land is situated, if not the relevant planning authority; natural england ; the environment agency ; other bodies designated by statutory provision as having specific environmental responsibilities and which the relevant planning authority or the secretary of state, as the case may be, considers are likely to have an interest in the application; " the directive " means council directive 2011/92/eu ; " eia " has the meaning given by regulation 4; "eia application" means - an application for planning permission for eia development; or a subsequent application in respect of eia development; "eia development" means development which is either - schedule 1 development; or schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location; "eia order proposal" means an order proposal which relates to eia development; "environmental information" means the environmental statement, including any further information and any other information, any representations made by any body required by these regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the development; "environmental statement" has the meaning given by regulation 18; "european site" means a site within the meaning of regulation 8 of the conservation of habitats and species regulations 2010 ; " eu environmental assessment" means an assessment carried out - under an obligation to which section 2(1) of the european communities act 1972 applies (other than the directive); or under the law of any part of the united kingdom implementing an eu obligation other than an obligation arising under the directive, of the effect of anything on the environment; "exempt development" means development in respect of which the secretary of state has made a direction under regulation 63; "further information" has the meaning given in regulation 25; "inspector" means a person appointed by the secretary of state pursuant to paragraph 1 of schedule 6 to the act to determine an appeal; "the land" means the land on which the development would be carried out or, in relation to development already carried out, has been carried out; "by local advertisement", in relation to a notice, means - by publication of the notice in a newspaper circulating in the locality in which the land to which the application or appeal relates is situated; and publication of the notice on a website maintained by or on behalf of the authority; "local development order" means a local development order made pursuant to section 61a (local development orders) of the act; "monitoring measure" means a provision requiring the monitoring of any significant adverse effects on the environment of proposed development including any measures contained in - a condition imposed on the grant of planning permission; or a planning obligation; "neighbourhood development order" means a neighbourhood development order made pursuant to section 61e (neighbourhood development orders) of the act; "the order" means the town and country planning (development management procedure) (england) order 2015 ; "order proposal" means a proposal for the making of a neighbourhood development order by a qualifying body under paragraph 1 of schedule 4b to the act; "any other information" means any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be; "any particular person" includes any non-governmental organisation promoting environmental protection; "principal council" has the meaning given by section 270(1) (general provisions as to interpretation) of the local government act 1972 ; "qualifying body" has the meaning given by section 61e(6) (neighbourhood development orders) of the act; "register" means a register kept pursuant to article 40 of the order (register of applications) and references to a "part" of the register are to be taken as references to the parts of the register as described in article 40 of the order; "relevant mineral planning authority" means the body to whom it falls, fell, or would, but for a direction under - paragraph 7 of schedule 2 (registration of old mining permissions) to the 1991 act; paragraph 13 of schedule 13 (review of old mineral planning permissions) to the 1995 act; or paragraph 8 of schedule 14 (periodic review of mineral planning permissions) to the 1995 act, fall to determine the romp application in question; "relevant planning authority" means the body to whom it falls, fell, or would, but for an application made directly to the secretary of state under section 62a of the act (applications made directly to the secretary of state) or a direction under section 77 of the act (reference of applications to secretary of state), fall to determine an application for planning permission for the development in question; "romp application" means an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under - paragraph 2(2) of schedule 2 (registration of old mining permissions) to the 1991 act; paragraph 9(1) of schedule 13 (review of old mineral planning permissions) to the 1995 act ; or paragraph 6(1) of schedule 14 (periodic review of mineral planning permissions) to the 1995 act ; "romp development" means development which has yet to be carried out and which is authorised by a planning permission in respect of which a romp application has been or is to be made; "romp subsequent application" means an application for approval of a matter where the approval - is required by or under a condition to which a planning permission is subject following determination of a romp application; and must be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued; "romp subsequent consent" means consent granted pursuant to a romp subsequent application; "schedule 1 application" and "schedule 2 application" mean an application for planning permission for schedule 1 development and schedule 2 development respectively; "schedule 1 development" means development, other than exempt development, of a description mentioned in schedule 1; "schedule 2 development" means development, other than exempt development, of a description mentioned in column 1 of the table in schedule 2 where - any part of that development is to be carried out in a sensitive area; or any applicable threshold or criterion in the corresponding part of column 2 of that table is respectively exceeded or met in relation to that development; "scoping direction" and "scoping opinion" have the meanings given in regulation 15; "screening direction" means a direction made by the secretary of state as to whether development is eia development; "screening opinion" means a written statement of the opinion of the relevant planning authority as to whether development is eia development; "sensitive area" means any of the following - land notified under section 28(1) (sites of special scientific interest) of the wildlife and countryside act 1981 ; a national park within the meaning of the national parks and access to the countryside act 1949 ; the broads ; a property appearing on the world heritage list kept under article 11(2) of the 1972 unesco convention concerning the protection of the world cultural and natural heritage ; a scheduled monument within the meaning of the ancient monuments and archaeological areas act 1979 ; an area of outstanding natural beauty designated as such by an order made by natural england under section 82(1) (areas of outstanding natural beauty) of the countryside and rights of way act 2000 as confirmed by the secretary of state; a european site; "subsequent application" means an application for approval of a matter where the approval - is required by or under a condition to which a planning permission is subject; and must be obtained before all or part of the development permitted by the planning permission may be begun; "subsequent consent" means consent granted pursuant to a subsequent application; " uk environmental assessment " means an assessment carried out in accordance with an obligation under the law of any part of the united kingdom of the effect of anything on the environment. 2 subject to paragraph (3), expressions used both in these regulations and in the act have the same meaning for the purposes of these regulations as they have for the purposes of the act. 3 expressions used both in these regulations and in the directive (whether or not also used in the act) have the same meaning for the purposes of these regulations as they have for the purposes of the directive. 4 in these regulations references to the secretary of state must not be construed as references to an inspector. prohibition on granting planning permission or subsequent consent for eia development 3 the relevant planning authority, the secretary of state or an inspector must not grant planning permission or subsequent consent for eia development unless an eia has been carried out in respect of that development. environmental impact assessment process 4 1 the environmental impact assessment (" eia") is a process consisting of - a the preparation of an environmental statement; b any consultation, publication and notification required by, or by virtue of, these regulations or any other enactment in respect of eia development; and c the steps required under regulation 26. 2 the eia must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of the proposed development on the following factors - a population and human health; b biodiversity, with particular attention to species and habitats protected under directive 92/43/eec and directive 2009/147/ec ; c land, soil, water, air and climate; d material assets, cultural heritage and the landscape; e the interaction between the factors referred to in sub-paragraphs (a) to (d). 3 the effects referred to in paragraph (2) on the factors set out in that paragraph must include the operational effects of the proposed development, where the proposed development will have operational effects. 4 the significant effects to be identified, described and assessed under paragraph (2) include the expected significant effects arising from the vulnerability of the proposed development to major accidents or disasters that are relevant to that development. 5 the relevant planning authority or the secretary of state must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement. part 2 screening general provisions relating to screening 5 1 subject to paragraph (3) and regulation 63, the occurrence of an event mentioned in paragraph (2) shall determine for the purpose of these regulations that development is eia development. 2 the events referred to in paragraph (1) are - a the submission by the applicant or appellant in relation to that development of a statement referred to by the applicant or appellant as an environmental statement for the purposes of these regulations; or b the adoption by the relevant planning authority of a screening opinion to the effect that the development is eia development. 3 a direction of the secretary of state shall determine for the purpose of these regulations whether development is or is not eia development. 4 where a relevant planning authority or the secretary of state has to decide under these regulations whether schedule 2 development is eia development, the relevant planning authority or secretary of state must take into account in making that decision - a any information provided by the applicant; b the results of any relevant eu environmental assessment which are reasonably available to the relevant planning authority or the secretary of state; and c such of the selection criteria set out in schedule 3 as are relevant to the development. 5 where a relevant planning authority adopts a screening opinion under regulation 6(6), or the secretary of state makes a screening direction under regulation 7(5), the authority or the secretary of state, as the case may be, must - a state the main reasons for their conclusion with reference to the relevant criteria listed in schedule 3; b if it is determined that proposed development is not eia development, state any features of the proposed development and measures envisaged to avoid, or prevent what might otherwise have been, significant adverse effects on the environment; and c send a copy of the opinion or direction to the person who proposes to carry out, or who has carried out, the development in question. 6 the secretary of state may make a screening direction either - a of the secretary of state's own volition; or b if requested to do so in writing by any person. 7 the secretary of state may direct that particular development of a description mentioned in column 1 of the table in schedule 2 is eia development whether or not the conditions contained in sub-paragraphs (a) and (b) of the definition of "schedule 2 development" are satisfied in relation to that development. 8 where the secretary of state makes a screening direction in accordance with paragraph (6), the secretary of state must - a take such steps as appear to be reasonable to the secretary of state in the circumstances, having regard to the requirements of regulation 6(2) and (3), to obtain information about the proposed development in order to inform a screening direction; b take into account in making that screening direction - i the information gathered in accordance with sub-paragraph (a); ii the results of any relevant eu environmental assessment which are reasonably available to the secretary of state; and iii such of the selection criteria set out in schedule 3 as are relevant to the development. 9 the secretary of state must make a screening direction under paragraph (6)(a) within - a 3 weeks beginning with the date on which the secretary of state obtains sufficient information to inform a screening direction; or b such longer period, not exceeding 90 days, as may reasonably be required, beginning with the date on which the secretary of state obtains sufficient information to inform a screening direction, but this is subject to paragraph (10). 10 where the secretary of state considers that due to exceptional circumstances relating to the proposed development that it is not practicable to adopt a screening direction under paragraph (6)(a) within the period specified in paragraph (9), the secretary of state may extend that period by notice in writing given to the person bringing forward the development which is the subject of the proposed screening direction. 11 the secretary of state must state in any notice given under paragraph (10) the reasons justifying the extension and the date when the determination is expected. 12 the secretary of state must send a copy of any screening direction to the relevant planning authority. requests for screening opinions of the relevant planning authority 6 1 a person who is minded to carry out development may request the relevant planning authority to adopt a screening opinion. 2 a person making a request for a screening opinion in relation to development where an application for planning permission has been or is proposed to be submitted must provide the following - a a plan sufficient to identify the land; b a description of the development, including in particular - i a description of the physical characteristics of the development and, where relevant, of demolition works; ii a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected; c a description of the aspects of the environment likely to be significantly affected by the development; d to the extent the information is available, a description of any likely significant effects of the proposed development on the environment resulting from - i the expected residues and emissions and the production of waste, where relevant; and ii the use of natural resources, in particular soil, land, water and biodiversity; and e such other information or representations as the person making the request may wish to provide or make, including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment. 3 a request for a screening opinion in relation to development where a subsequent application has been or is proposed to be submitted must be accompanied by - a a plan sufficient to identify the land; b sufficient information to enable the relevant planning authority to identify any planning permission granted for the development in respect of which a subsequent application has been made; c the information described in paragraph (2)(c) and (d), but only to the extent that this relates to likely significant effects on the environment not previously identified; and d such other information or representations as the person making the request may wish to provide or make, including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment. 4 a person compiling the information set out in paragraph (2) or (3) must, where relevant, take into account - a the criteria set out in schedule 3; and b the results of any relevant eu environmental assessment which are reasonably available to the person requesting the screening opinion. 5 a relevant planning authority receiving a request for a screening opinion must, if they consider that they have not been provided with sufficient information to adopt an opinion, notify in writing the person making the request of the points on which they require additional information. 6 a relevant planning authority must adopt a screening opinion within - a 3 weeks beginning with the date of receipt of a request made pursuant to paragraph (1); or b such longer period, not exceeding 90 days from the date on which the person making the request submits the information required under paragraph (2) or (3) as may be agreed in writing with the person making the request. 7 where the relevant planning authority considers that due to exceptional circumstances relating to the circumstances of the proposed development that it is not practicable for it to adopt a screening opinion within the relevant period specified in paragraph (6), the relevant planning authority may extend that period by notice in writing given to the person who made the request for a screening opinion. 8 the relevant planning authority must state in any notice given under paragraph (7) the reasons justifying the extension of time and the date when the determination is expected. 9 a relevant planning authority which adopts a screening opinion pursuant to paragraph (6) must send a copy to the person who made the request. 10 where a relevant planning authority - a fails to adopt a screening opinion within the relevant period mentioned in paragraph (6); or b adopts an opinion to the effect that the development is eia development, the person who requested the opinion may request the secretary of state to make a screening direction. 11 a person may make a request pursuant to paragraph (10) even if the relevant planning authority has not received the additional information which it has sought under paragraph (5). requests for screening directions of the secretary of state 7 1 a person who pursuant to regulation 6(10) requests the secretary of state to make a screening direction must submit with the request - a a copy of the request to the relevant planning authority under regulation 6(1) and the documents which accompanied it; b a copy of any notification received under regulation 6(5) and of any response sent; c a copy of any screening opinion received from the authority and any accompanying statement of reasons; and d any representations that the person wishes to make. 2 a person making such a request must send to the relevant planning authority a copy of that request and of any representations made to the secretary of state. 3 if the secretary of state considers that sufficient information to make a screening direction has not been provided, the secretary of state must give notice in writing to the person making the request of the points on which additional information is required, and may request the relevant planning authority to provide such information as they can on any of those points. 4 a person providing additional information pursuant to a notice under paragraph (3) must, where that information is of a type specified in regulation 6(2) or (3), prepare that information in accordance with the requirements of regulation 6(4). 5 the secretary of state must make a screening direction following a request under regulation 5(6)(b) or 6(10) within - a 3 weeks beginning with the date of receipt of the request; or b where the secretary of state gives notice under paragraph (3), such longer period not exceeding 90 days beginning with the date on which the person making the request for a screening direction submits the information required under paragraph (3) as may be reasonably required, but this is subject to paragraph (6). 6 where the secretary of state considers that due to exceptional circumstances relating to the proposed development it is not practicable to make a screening direction within the period specified in paragraph (5), the secretary of state may extend that period by giving notice in writing to the person who made the request for a screening direction. 7 the secretary of state must state in any notice given under paragraph (6) the reasons justifying the extension of time and the date when the determination is expected. 8 the secretary of state must send a copy of any screening direction made pursuant to paragraph (5) to - a the person who made the request; b the applicant (where the applicant is not the person referred to in sub-paragraph (a)); and c the relevant planning authority. part 3 procedures relating to applications for planning permission applications which appear to require screening opinion 8 1 where it appears to the relevant planning authority that - a an application which is before them for determination is a schedule 1 application or a schedule 2 application; b the development in question has not been the subject of a screening opinion or screening direction; and c the application is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations, paragraphs (5) and (6) of regulation 6 apply as if the receipt or lodging of the proposal were a request made under regulation 6(1). 2 where regulation 6(5) applies by virtue of this regulation the relevant planning authority must, where necessary to ensure that the developer has provided the information referred to in regulation 6(2), make a request for additional information before issuing a screening opinion. subsequent applications where environmental information previously provided 9 1 this regulation applies where it appears to the relevant planning authority that - a an application which is before them for determination - i is a subsequent application in relation to schedule 1 or schedule 2 development; ii has not itself been the subject of a screening opinion or screening direction; and iii is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations; and b either - i the application for planning permission to which the subsequent application relates was accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations; or ii the application is for the approval of a matter where the approval is required by or under a condition to which planning permission deemed by section 10(1) of the crossrail act 2008 (planning) or section 20(1) or 50(5)(a) of the high speed rail (london - west midlands) act 2017 (deemed planning permission) and (enforcement of environmental covenants) is subject. 2 where it appears to the relevant planning authority that the environmental information already before them is adequate to assess the significant effects of the development on the environment, they must take that information into consideration in their decision for subsequent consent. 3 where it appears to the relevant planning authority that the environmental information already before them is not adequate to assess the significant effects of the development on the environment, they must serve a notice seeking further information in accordance with regulation 25. subsequent applications where environmental information not previously provided 10 1 where it appears to the relevant planning authority that - a an application which is before them for determination - i is a subsequent application in relation to schedule 1 or schedule 2 development; ii has not itself been the subject of a screening opinion or screening direction; and iii is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations; and b the application for planning permission to which the subsequent application relates was not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations, paragraphs (5) and (6) of regulation 6 apply as if the receipt or lodging of the subsequent application were a request made under regulation 6(1). 2 where regulation 6(5) applies by virtue of this regulation, the relevant planning authority must, where necessary to ensure that the applicant has provided the information referred to in regulation 6(3)(c), make a request for additional information before issuing a screening opinion. eia applications made to a relevant planning authority without an environmental statement 11 1 where an eia application which is before a relevant planning authority for determination is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations, the relevant planning authority must notify the applicant in writing that the submission of an environmental statement is required. 2 where the relevant planning authority is aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the relevant planning authority must notify the applicant of any such person. 3 a relevant planning authority must notify the applicant in accordance with paragraph (1) within 3 weeks beginning with the date of receipt of the application or such longer period as may be agreed in writing with the applicant; but where the secretary of state, after the expiry of that period of 3 weeks or of any longer period so agreed, makes a screening direction to the effect that the development is eia development, the relevant planning authority must so notify the applicant within 7 days beginning with the date the relevant planning authority received a copy of that screening direction. 4 an applicant receiving a notification pursuant to paragraph (1) may, within 3 weeks beginning with the date of the notification, write to the relevant planning authority stating - a that the applicant accepts the view of the relevant planning authority and is providing an environmental statement; or b unless the condition referred to in paragraph (5) is satisfied, that the applicant is writing to the secretary of state to request a screening direction. 5 for the purpose of paragraph (4)(b) the condition is - a if the application referred to in paragraph (1) is an application for planning permission, that the secretary of state has made a screening direction in respect of the development; or b if the application referred to in paragraph (1) is a subsequent application, that the secretary of state has made a screening direction in respect of the development on a date after the subsequent application was submitted. 6 if the applicant does not write to the relevant planning authority in accordance with paragraph (4), the permission or subsequent consent sought is, unless the condition referred to in paragraph (7) is satisfied, deemed to be refused at the end of period referred to in paragraph (4), and the deemed refusal - a must be treated as a decision of the relevant planning authority for the purposes of article 40(4)(c) (register of applications) of the order; but b must not give rise to an appeal to the secretary of state under section 78 of the act (right to appeal against planning decisions and failure to take such decisions). 7 for the purpose of paragraph (6) the condition is - a if the application referred to in paragraph (1) is an application for planning permission, that the secretary of state has made a screening direction to the effect that the development is not eia development; or b if the application referred to in paragraph (1) is a subsequent application, that the secretary of state has made a screening direction to the effect that the development is not eia development on a date after the subsequent application was submitted. 8 a relevant planning authority which has given a notification in accordance with paragraph (1) must, unless the secretary of state makes a screening direction to the effect that the development is not eia development, determine the relevant application only by refusing planning permission or subsequent consent if the applicant does not submit an environmental statement and comply with regulation 20(6). 9 a person who requests a screening direction pursuant to paragraph (4)(b) must send the request to the secretary of state together with copies of - a the request to the relevant planning authority under regulation 6(1) and the documents which accompanied it; b any notification made under regulation 6(5) and any response sent by that person to the relevant planning authority; c the application; d all documents sent to the relevant planning authority as part of the application; e all correspondence between the applicant and the relevant planning authority relating to the proposed development; f a copy of any planning permission granted for the development; and g in the case of a subsequent application, documents or information relating to the planning permission granted for the development to which the subsequent application relates, and paragraphs (2) to (8) of regulation 7 apply to a request under this regulation as they apply to a request made pursuant to regulation 6(10). eia applications made directly to the secretary of state without an environmental statement 12 1 where an application has been made directly to the secretary of state under section 62a of the act (when application may be made directly to the secretary of state), and it appears to the secretary of state that - a it is a schedule 1 application or a schedule 2 application; b the development in question has not been the subject of a screening opinion or screening direction; and c the application is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations, paragraphs (2) to (8) of regulation 7 apply as if the application were a request made by the applicant pursuant to regulation 6(10). 2 where regulation 7(3) applies to an application made under section 62a of the act (when application may be made directly to the secretary of state) the secretary of state must, where necessary to ensure that the developer has provided the information referred to in regulation 6(2), make a request for additional information before issuing a screening direction. 3 where the secretary of state has determined that an application made under section 62a of the act (when application may be made directly to the secretary of state) is an eia application and it is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations, the secretary of state must notify the applicant in writing that the submission of an environmental statement is required and must send a copy of that notification to the relevant planning authority. 4 the secretary of state must notify the applicant of a determination under paragraph (3) within 3 weeks beginning with the date the application was received or such longer period as may be agreed in writing with the applicant. 5 where the secretary of state is aware that any particular person is, or is likely to be, affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the secretary of state must notify the applicant of any such person. 6 an applicant who receives a notification under paragraph (3) may, within 3 weeks beginning with the date of the notification, confirm in writing to the secretary of state that an environmental statement will be provided. 7 if the applicant does not write in accordance with paragraph (6), the secretary of state is under no duty to deal with the application and, at the end of the period referred to in paragraph (6), must inform the applicant in writing that no further action is being taken on the application. 8 where - a a notification has been given under paragraph (3), and b the applicant does not submit an environmental statement and comply with regulation 20(6), the secretary of state must determine the relevant application only by refusing planning permission. 9 in this regulation, "schedule 1 application" and "schedule 2 application" are to be taken to include subsequent applications. application referred to the secretary of state without an environmental statement 13 1 where an application has been referred to the secretary of state for determination under section 77 of the act (reference of applications to secretary of state), and it appears to the secretary of state that - a it is a schedule 1 application or a schedule 2 application; and b the development in question - i has not been the subject of a screening opinion or screening direction; or ii in the case of a subsequent application, was the subject of a screening opinion or direction before planning permission was granted to the effect that it is not eia development; and c the application is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations, paragraphs (3) to (8) of regulation 7 apply as if the referral of the application were a request made by the applicant pursuant to regulation 6(10). 2 where regulation 7(3) applies to an application by virtue of paragraph (1), the secretary of state must, where necessary to ensure that the developer has provided - a in the case of applications for planning permission, the information referred to in regulation 6(2); and b in the case of subsequent applications, the information referred to in regulation 6(3), make a request for additional information before issuing a screening direction. 3 where the secretary state has determined that an application referred to the secretary of state under section 77 of the act (reference of applications to secretary of state) for determination is an eia application but is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations, the secretary of state must notify the applicant in writing that the submission of an environmental statement is required and must send a copy of that notification to the relevant planning authority. 4 the secretary of state must notify the applicant of the secretary of state's determination under paragraph (3) within 3 weeks beginning with the date the application was received or such longer period as may be reasonably required. 5 where the secretary of state is aware that any particular person is or is likely to be affected by, or has an interest in, the application, and that particular person is unlikely to become aware of the application by means of a site notice or by local advertisement, the secretary of state must notify the applicant of any such person. 6 an applicant who receives a notification under paragraph (3) may, within 3 weeks beginning with the date of the notification, confirm in writing to the secretary of state that an environmental statement will be provided. 7 if the applicant does not write in accordance with paragraph (6), the secretary of state is not under a duty to deal with the application and at the end of the period referred to in paragraph (6) must inform the applicant in writing that no further action is being taken on the application. 8 where - a a notification has been given under paragraph (3), and b the applicant does not submit an environmental statement and comply with regulation 20(6), the secretary of state must determine the relevant application only by refusing planning permission or subsequent consent. 9 in this regulation, "schedule 1 application" and "schedule 2 application" are to be taken to include subsequent applications. appeal to the secretary of state without an environmental statement 14 1 where on consideration of an appeal under section 78 of the act (right to appeal against planning decisions and failure to take such decisions) it appears to the secretary of state that - a the application to which the appeal relates ("the relevant application") is a schedule 1 application or a schedule 2 application; and b the development in question - i has not been the subject of a screening opinion or screening direction; or ii in the case of a relevant application which is a subsequent application, was the subject of a screening opinion or direction before planning permission was granted to the effect that it is not eia development; and c the relevant application is not accompanied by a statement referred to by the appellant as an environmental statement for the purposes of these regulations, paragraphs (3) to (8) of regulation 7 apply as if the appeal were a request made by the appellant pursuant to regulation 6(10). 2 where an inspector is dealing with an appeal and a question arises as to whether the relevant application is an eia application and it appears to the inspector that it may be such an application, the inspector must refer that question to the secretary of state and must not determine the appeal, except by refusing planning permission or subsequent consent, before a screening direction is made. 3 paragraphs (3) to (8) of regulation 7 apply to a question referred under paragraph (2) as if the referral of that question were a request made by the appellant pursuant to regulation 6(10). 4 where regulation 7(3) applies to an appeal by virtue of paragraph (1) or (3) the secretary of state must, where necessary to ensure that the developer has provided - a in the case of a relevant application which is an application for planning permission, the information referred to in regulation 6(2); and b in the case of a relevant application which is a subsequent application the information referred to in regulation 6(3), make a request for additional information before issuing a screening direction. 5 where it appears to the secretary of state that the relevant application is an eia application and is not accompanied by a statement referred to by the appellant as an environmental statement for the purposes of these regulations, the secretary of state must notify the appellant in writing that the submission of an environmental statement is required and must send a copy of that notification to the relevant planning authority. 6 where the secretary of state is aware that any particular person is or is likely to be affected by, or has an interest in, the application, and that particular person is unlikely to become aware of the application by means of a site notice or by local advertisement, the secretary of state must notify the appellant of any such person. 7 an appellant who receives a notification under paragraph (5), may within 3 weeks beginning with the date of the notification, confirm in writing to the secretary of state that an environmental statement will be provided. 8 if the appellant does not write in accordance with paragraph (7), the secretary of state or, where relevant, the inspector, is not under a duty to deal with the appeal; and at the end of the period referred to in paragraph (7) must inform the appellant that no further action is being taken on the appeal. 9 where - a a notification has been given under paragraph (5), and b the appellant does not submit an environmental statement and comply with regulation 20(6), the secretary of state or, where relevant, the inspector, must determine the appeal only by refusing planning permission or subsequent consent. 10 in this regulation, "schedule 1 application" and "schedule 2 application" are to be taken to include subsequent applications. part 4 preparation of environmental statements scoping opinions of the local planning authority 15 1 a person who is minded to make an eia application may ask the relevant planning authority to state in writing their opinion as to the scope and level of detail of the information to be provided in the environmental statement (a "scoping opinion"). 2 a request under paragraph (1) must include - a in relation to an application for planning permission - i a plan sufficient to identify the land; ii a brief description of the nature and purpose of the development, including its location and technical capacity; iii an explanation of the likely significant effects of the development on the environment; and iv such other information or representations as the person making the request may wish to provide or make; b in relation to a subsequent application - i a plan sufficient to identify the land; ii sufficient information to enable the relevant planning authority to identify any planning permission granted for the development in respect of which the subsequent application is made; iii an explanation of the likely significant effects on the environment which were not identified at the time planning permission was granted; and iv such other information or representations as the person making the request may wish to provide or make. 3 an authority receiving a request under paragraph (1) must, if it considers that it has not been provided with sufficient information to adopt a scoping opinion, notify the person making the request of the points on which it requires additional information. 4 an authority must not adopt a scoping opinion in response to a request under paragraph (1) until it has consulted the consultation bodies, but must, subject to paragraph (5), within 5 weeks beginning with the date of receipt of that request for a scoping opinion, or such longer period as may be agreed in writing with the person making the request, adopt a scoping opinion and must send a copy to the person who made the request. 5 where a person has, at the same time as making a request for a screening opinion under regulation 6(1), asked the authority for an opinion under paragraph (1), and the authority has adopted a screening opinion to the effect that the development is eia development, the authority must, within 5 weeks beginning with the date on which that screening opinion was adopted, or such longer period as may be agreed in writing with the person making the request, adopt a scoping opinion and must send a copy to the person who made the request. 6 before adopting a scoping opinion the authority must take into account - a any information provided by the applicant about the proposed development; b the specific characteristics of the particular development; c the specific characteristics of development of the type concerned; and d the environmental features likely to be significantly affected by the development. 7 where an authority fails to adopt a scoping opinion within the relevant period mentioned in paragraph (4) or (5), the person who requested the opinion may under regulation 16(1) ask the secretary of state to make a direction as to the information to be provided in the environmental statement (a "scoping direction"). 8 paragraph (7) applies notwithstanding that the authority may not have received the additional information which it has sought under paragraph (3). 9 an authority which has adopted a scoping opinion following a request under paragraph (1) shall not be precluded from requiring of the person who made the request additional information in connection with any statement that may be submitted by that person as an environmental statement in connection with an application for planning permission or a subsequent application for the same development. scoping directions of the secretary of state 16 1 a person who, under regulation 15(7), requests the secretary of state to make a scoping direction ("scoping direction request") must submit with the scoping direction request - a a copy of the scoping opinion request made to the relevant planning authority under regulation 15(1), including any information supplied with that request as required by regulation 15(2); b a copy of any notification under regulation 15(3) related to that request and of any response; c a copy of any screening opinion received by the person in relation to that request and of any accompanying statement of reasons; and d any representations that the person making the scoping direction request wishes to make. 2 a person making a scoping direction request under paragraph (1) must send to the relevant planning authority a copy of that scoping direction request, but that copy need not include the matters mentioned in sub-paragraphs (a) to (c) of paragraph (1). 3 if the secretary of state considers that the information provided pursuant to paragraph (1) is insufficient to make a scoping direction, the secretary of state must give notice in writing to the person making the scoping direction request of any points on which additional information is required; and may request the relevant planning authority to provide such information as they can on any of those points. 4 the secretary of state - a must consult the consultation bodies before making a scoping direction in response to a scoping direction request, and b within 5 weeks beginning with the date of receipt of that request, or such longer period as may be reasonably required, must make a scoping direction and send a copy to the person who made the scoping direction request and to the relevant planning authority. 5 before making a scoping direction the secretary of state must take into account the matters specified in regulation 15(6). 6 neither the secretary of state who has made a scoping direction in response to a request under paragraph (1) nor the relevant planning authority shall be precluded from requiring of the person who made the request additional information in connection with any statement that may be submitted by that person as an environmental statement in connection with an application for planning permission or a subsequent application for the same development. procedure to facilitate preparation of environmental statements 17 1 any person who intends to submit an environmental statement to the relevant planning authority or the secretary of state under these regulations may give notice in writing to that authority or the secretary of state under this paragraph. 2 a notice under paragraph (1) must include the information necessary to identify the land and the nature and purpose of the development, and must indicate the main environmental consequences to which the person giving the notice proposes to refer in their environmental statement. 3 the recipient of - a such notice as is mentioned in paragraph (1); or b a written statement made pursuant to regulation 11(4)(a), 12(6), 13(6) or 14(7), must - i notify the consultation bodies in writing of the name and address of the person who intends to submit an environmental statement and of the duty imposed on the consultation bodies by paragraph (4) to make information available to that person; and ii inform in writing the person who intends to submit an environmental statement of the names and addresses of the bodies so notified. 4 subject to paragraph (5), the relevant planning authority and any body notified in accordance with paragraph (3) must, if requested by the person who intends to submit an environmental statement, consult that person to determine whether the authority or body has in its possession any information which that person or they consider relevant to the preparation of the environmental statement and, if they have, the authority or body must make that information available to that person. 5 a planning authority or other body which receives a request for information under paragraph (4) must treat it as a request for information under regulation 5(1) of the environmental information regulations 2004 (duty to make available environmental information on request). part 5 publicity and procedures on submission of environmental statements and decision making environmental statements 18 1 subject to regulation 9, an eia application must be accompanied by an environmental statement for the purposes of these regulations. 2 a subsequent application is to be taken to be accompanied by an environmental statement for the purpose of paragraph (1) where the application for planning permission to which it relates was accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations, but this is subject to regulation 9. 3 an environmental statement is a statement which includes at least - a a description of the proposed development comprising information on the site, design, size and other relevant features of the development; b a description of the likely significant effects of the proposed development on the environment; c a description of any features of the proposed development, or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; d a description of the reasonable alternatives studied by the developer, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the development on the environment; e a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and f any additional information specified in schedule 4 relevant to the specific characteristics of the particular development or type of development and to the environmental features likely to be significantly affected. 4 an environmental statement must - a where a scoping opinion or direction has been issued in accordance with regulation 15 or 16, be based on the most recent scoping opinion or direction issued (so far as the proposed development remains materially the same as the proposed development which was subject to that opinion or direction); b include the information reasonably required for reaching a reasoned conclusion on the significant effects of the development on the environment, taking into account current knowledge and methods of assessment; and c be prepared, taking into account the results of any relevant uk environmental assessment, which are reasonably available to the person preparing the environmental statement, with a view to avoiding duplication of assessment. 5 in order to ensure the completeness and quality of the environmental statement - a the developer must ensure that the environmental statement is prepared by competent experts; and b the environmental statement must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts. procedure where an environmental statement is submitted to a local planning authority 19 1 an applicant who makes an eia application must submit to the relevant planning authority an additional copy of the environmental statement for transmission to the secretary of state. 2 if, at the same time as serving the environmental statement on the relevant planning authority under paragraph (1) the applicant serves a copy of the environmental statement on any other body, the applicant must - a serve with it a copy of the application and any plan submitted with the application (unless these have already been provided to the body in question); b inform the body that representations may be made to the relevant planning authority; and c inform the authority of the name of each body so served and of the date of service. 3 when a relevant planning authority receives an environmental statement in connection with an eia application under paragraph (1), the relevant planning authority must - a send to the secretary of state, within 14 days of receipt of the statement, a copy of the statement and a copy of the application and of any documents submitted with the application; b inform the applicant of the number of copies required to enable the authority to comply with sub-paragraph (c); c forward to any consultation body which has not received a copy directly from the applicant a copy of the environmental statement and inform any such consultation body that they may make representations; and d where the relevant planning authority is aware of any particular person who is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, send a notice to such person containing the details set out in regulation 20(2)(b) to (k) and the name and address of the relevant planning authority. 4 the applicant must send the copies required for the purposes of paragraph (3)(c) to the relevant planning authority. 5 where an applicant submits an environmental statement to the relevant planning authority under paragraph (1), the provisions of articles 15 and 16 of, and schedule 3 to, the order (publicity for applications for planning permission) apply to a subsequent application as they apply to an application for planning permission except that in the relevant requisite notice in schedule 3 to the order for the reference to - i "application for planning permission" there is substituted "application for subsequent consent"; and ii "planning permission to" there is substituted "subsequent application in respect of". 6 the relevant planning authority must not determine the eia application until the expiry of 30 days from the last date on which a copy of the statement was served in accordance with this regulation. publicity where an environmental statement is submitted after the planning application 20 1 where an application for planning permission or a subsequent application has been made without an environmental statement and the applicant proposes to submit such a statement, the applicant must, before submitting it, comply with paragraphs (2) to (5). 2 the applicant must publish in a local newspaper circulating in the locality in which the land is situated a notice stating - a the applicant's name, that an application is being made for planning permission or subsequent consent to the relevant planning authority or the secretary of state, and the name and address of the relevant planning authority or (in the case of an application made to the secretary of state) the name and address of the secretary of state; b the date on which the application was made and, if it be the case, that it has been made or referred to the secretary of state for determination or is the subject of an appeal to the secretary of state; c the address or location and the nature of the proposed development; d that - i a copy of the application for planning permission, any accompanying plan and other documents, and a copy of the environmental statement, and ii in the case of a subsequent application, a copy of the planning permission in respect of which that subsequent application has been made and supporting documents, may be inspected by members of the public at all reasonable hours; e an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 30 days later than the date on which the notice is published); f details of a website maintained by or on behalf of the authority on which the environmental statement and the other documents referred to in sub-paragraph (d) have been made available in accordance with paragraph (7), and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published); g an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the statement may be obtained; h that copies of the statement may be obtained there so long as stocks last; i if a charge is to be made for a copy, the amount of the charge; j that any person wishing to make representations about the application should make them in writing, before the latest date named in accordance with sub-paragraph (e) or (f), to the relevant planning authority or (in the case of an application made or referred to the secretary of state, or of an appeal) to the secretary of state; and k the address to which representations should be sent. 3 an applicant who is notified under regulation 11(2), 12(5), 13(5) or 14(6) of such a person as mentioned in any of those provisions must serve a notice on every such person; and the notice must contain the information specified in paragraph (2). 4 the applicant must post on the land a notice containing the information specified in paragraph (2), but this provision does not apply if the applicant has not, and is not reasonably able to acquire, such rights as would enable the applicant to comply. 5 the notice mentioned in paragraph (4) must - a be left in position for not less than 7 days in the 28 days immediately preceding the date of the submission of the statement; and b be affixed firmly to some object on the land and sited and displayed in such a way as to be easily visible to, and readable by, members of the public without going on to the land. 6 the environmental statement, when submitted, must be accompanied by - a a copy of the notice mentioned in paragraph (2) certified by or on behalf of the applicant as having been published in accordance with paragraph (2); and b a certificate by or on behalf of the applicant which states either - i that a notice was posted on the land in compliance with this regulation, when this was done, and that the notice was left in position for not less than 7 days of the 28 days immediately preceding the date of the submission of the environmental statement, or that, without any fault or intention on the applicant's part, it was removed, obscured or defaced before 7 days had elapsed and the applicant took reasonable steps for its protection or replacement, specifying the steps taken; or ii that the applicant was unable to comply with paragraphs (4) and (5) because the applicant did not have the necessary rights to do so; that any reasonable steps available to acquire those rights have been taken but unsuccessfully, specifying the steps taken. 7 the relevant planning authority must make the environmental statement available for inspection on a website maintained by or on behalf of the authority. 8 where an applicant indicates that it is proposed to provide an environmental statement in the circumstances mentioned in paragraph (1), the relevant planning authority, the secretary of state or the inspector, as the case may be, must (unless disposed to refuse the permission or subsequent consent sought) suspend consideration of the application or appeal until receipt of the environmental statement and the other documents mentioned in paragraph (6); and must not determine it during the period of 30 days beginning with the last date on which the environmental statement and the other documents so mentioned are published in accordance with this regulation. 9 where it is proposed to submit an environmental statement in connection with an appeal, this regulation applies as if for references to the applicant there were substituted references to the appellant. 10 the requirement in paragraph (2) to publish a notice in a local newspaper and the requirement in paragraph (6)(a) do not apply to the isles of scilly and, in relation to the isles of scilly, the reference in paragraph (8) to paragraph (6) must be construed as a reference to paragraph (6)(b). provision of copies of environmental statements, any other information and further information for the secretary of state on referral or appeal 21 where an applicant for planning permission or subsequent consent has submitted to the relevant planning authority in connection with that application an environmental statement, any other information or further information, and - a the application is referred to the secretary of state under section 77 of the act (reference of applications to secretary of state); or b the applicant appeals under section 78 of the act (right to appeal against planning decisions and failure to take such decisions), the applicant must supply the secretary of state with a copy of the environmental statement and, where relevant, any other information or further information unless, in the case of a referred application, the relevant planning authority has already done so. procedure where an environmental statement is submitted to the secretary of state 22 1 this regulation applies where an applicant submits an environmental statement to the secretary of state in relation to an eia application which is before the secretary of state or an inspector for determination or is the subject of an appeal to the secretary of state. 2 the applicant or appellant must submit 2 copies of the environmental statement to the secretary of state who must send a copy to the relevant planning authority. 3 an applicant or appellant who submits an environmental statement to the secretary of state may provide a copy of it to any other body, and if so must comply with regulation 19(2)(a) and (b) as if the reference in regulation 19(2)(b) to the relevant planning authority were a reference to the secretary of state, and inform the secretary of state of the matters mentioned in regulation 19(2)(c). 4 the secretary of state must comply with regulation 19(3) (except sub-paragraph (a) of that regulation) and the applicant or appellant must comply with regulation 19(4), as if - a references in those provisions to the relevant planning authority were references to the secretary of state; and, b in the case of an appeal, references to the applicant were references to the appellant, and the secretary of state or the inspector must comply with regulation 19(6) as if it referred to the secretary of state or the inspector instead of to the relevant planning authority. availability of copies of environmental statements 23 an applicant for planning permission or subsequent consent, or an appellant, who submits an environmental statement in connection with an application or appeal, must ensure that a reasonable number of copies of the statement are available at the address named in the notices published or posted pursuant to article 15 of the order, articles 13 and 14 of the town and country planning (section 62a applications) (procedure and consequential amendments) order 2013 or regulation 20. charges for copies of environmental statements 24 a reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of an environmental statement made available in accordance with regulation 23. further information and evidence respecting environmental statements 25 1 if a relevant planning authority, the secretary of state or an inspector is dealing with an application or appeal, as the case may be, in relation to which the applicant or appellant has submitted an environmental statement, and are of the opinion that, in order to satisfy the requirements of regulation 18(2) and (3), it is necessary for the statement to be supplemented with additional information which is directly relevant to reaching a reasoned conclusion on the likely significant effects of the development described in the application in order to be an environmental statement, the relevant planning authority, secretary of state or inspector as the case may be must notify the applicant or appellant in writing accordingly, and the applicant or appellant must provide that additional information; and such information provided by the applicant or appellant is referred to in these regulations as "further information". 2 paragraphs (3) to (11) apply in relation to further information and any other information except in so far as the further information and any other information is provided for the purposes of an inquiry or hearing held under the act and the request for the further information made pursuant to paragraph (1) stated that it was to be provided for such purposes. 3 the recipient of further information pursuant to paragraph (1) or any other information must publish in a local newspaper circulating in the locality in which the land is situated a notice stating - a the name of the applicant for planning permission or subsequent consent or the appellant (as the case may be) and the name and address of the relevant planning authority; b the date on which the application was made and, if it be the case, that it has been referred to the secretary of state for determination or is the subject of an appeal to the secretary of state; c in the case of a subsequent application, sufficient information to enable the planning permission for the development to be identified; d the address or location and the nature of the proposed development; e that further information or any other information is available in relation to an environmental statement which has already been provided; f that a copy of the further information or any other information and of any environmental statement which relates to any application for planning permission or subsequent application may be inspected by members of the public at all reasonable hours; g an address in the locality in which the land is situated at which the further information or any other information may be inspected and the latest date on which it will be available for inspection (being a date not less than 30 days later than the date on which the notice is published); h details of a website maintained by or on behalf of the relevant planning authority on which the further information or any other information may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published); i an address (whether or not the same as that given pursuant to sub-paragraph (g)) in the locality in which the land is situated at which copies of the further information or any other information may be obtained; j that copies may be obtained there so long as stocks last; k if a charge is to be made for a copy, the amount of the charge; l that any person wishing to make representations about the further information or any other information should make them in writing, before the latest date specified in accordance with sub-paragraph (g) or (h), to the relevant planning authority, the secretary of state or the inspector (as the case may be); and m the address to which representations should be sent. 4 the recipient of the further information or any other information must send a copy of it to each person to whom, in accordance with these regulations, the statement to which it relates was sent. 5 where the recipient of the further information or any other information is the relevant planning authority they must send to the secretary of state a copy of the further information or any other information. 6 the recipient of the further information may by notice in writing require the applicant or appellant to provide such number of copies of the further information or any other information as is specified in the notice (being the number required for the purposes of paragraph (4) or (5)). 7 where further information is requested under paragraph (1) or any other information is provided, the relevant planning authority, the secretary of state or the inspector, as the case may be, must suspend determination of the application or appeal, and must not determine it before the expiry of 30 days after the latest of - a the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent; b the date that notice of it was published in a local newspaper; or c the date that notice of it was published on a website. 8 the applicant or appellant who provides further information, or any other information, in accordance with paragraph (1) must - a ensure that a reasonable number of copies of the information are available at the address named in the notice published pursuant to paragraph (3) at the address at which such copies may be obtained; and b take any reasonable steps required by the relevant planning authority to ensure that copies of the further information or any other information are made available for access on the website referred to in the notice published pursuant to paragraph (3). 9 the relevant planning authority must make the further information or any other information available for inspection on a website maintained by or on its behalf. 10 a reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of the further information or any other information made available in accordance with paragraph (8)(a). 11 the relevant planning authority, the secretary of state or an inspector may in writing require an applicant or appellant to produce such evidence as they may reasonably call for to verify any information in the environmental statement. consideration of whether planning permission or subsequent consent should be granted 26 1 when determining an application or appeal in relation to which an environmental statement has been submitted, the relevant planning authority, the secretary of state or an inspector, as the case may be, must - a examine the environmental information; b reach a reasoned conclusion on the significant effects of the proposed development on the environment, taking into account the examination referred to in sub-paragraph (a) and, where appropriate, their own supplementary examination; c integrate that conclusion into the decision as to whether planning permission or subsequent consent is to be granted; and d if planning permission or subsequent consent is to be granted, consider whether it is appropriate to impose monitoring measures. 2 the relevant planning authority, the secretary of state or the inspector, as the case may be, must not grant planning permission or subsequent consent for eia development unless satisfied that the reasoned conclusion referred to in paragraph (1)(b) is up to date, and a reasoned conclusion is to be taken to be up to date if, in the opinion of the relevant planning authority, the secretary of state or the inspector, as the case may be, it addresses the significant effects of the proposed development on the environment that are likely to arise as a result of the proposed development. 3 when considering whether to impose a monitoring measure under paragraph (1)(d), the relevant planning authority, the secretary of state or inspector, as appropriate, must - a if monitoring is considered to be appropriate, consider whether to make provision for potential remedial action; b take steps to ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, location and size of the proposed development and the significance of its effects on the environment; and c consider, in order to avoid duplication of monitoring, whether any existing monitoring arrangements carried out in accordance with an obligation under the law of any part of the united kingdom, other than under the directive, are more appropriate than imposing a monitoring measure. 4 in cases where no statutory timescale is in place the decision of the relevant authority or the secretary of state, as the case may be, must be taken within a reasonable period of time, taking into account the nature and complexity of the proposed development, from the date on which the relevant authority or the secretary of state has been provided with the environmental information. co-ordination 27 1 where in relation to eia development there is, in addition to the requirement for an eia to be carried out in accordance with these regulations, also a requirement to carry out a habitats regulation assessment, the relevant planning authority or the secretary of state, as the case may be, must, where appropriate, ensure that the habitats regulation assessment and the eia are co-ordinated. 2 in this regulation, a "habitats regulation assessment" means an assessment under regulation 61 of the conservation of habitats and species regulations 2010 (assessment of implications for european sites and european offshore marine sites). part 6 availability of directions etc and notification of decisions availability of opinions, directions etc for inspection 28 1 where particulars of an application for planning permission or of a subsequent application are placed on part 1 of the register, the relevant planning authority must take steps to secure that there is also placed on that part a copy of any relevant - a screening opinion; b screening direction; c scoping opinion; d scoping direction; e notification given under regulation 11(2), 12(5), 13(5) or 14(6); f direction under regulation 63; g environmental statement, including any further information and any other information; and h statement of reasons accompanying any of the above. 2 where the relevant planning authority adopts a screening opinion or scoping opinion, or receives a request under regulation 15(1) or 16(1), a copy of a screening direction, scoping direction, or direction under regulation 63 before an application is made for planning permission or subsequent consent for the development in question, the relevant planning authority must take steps to secure that a copy of the opinion, request, or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant part of that register) is kept, and copies of those documents must remain so available for a period of 2 years. information to accompany decisions 29 1 where an eia application or appeal in relation to which an environmental statement has been submitted is determined by a relevant planning authority, the secretary of state or an inspector, as the case may be, the person making that determination must provide the developer with the information specified in paragraph (2). 2 the information is - a information regarding the right to challenge the validity of the decision and the procedures for doing so; and b if the decision is - i to grant planning permission or subsequent consent - aa the reasoned conclusion of the relevant planning authority or the secretary of state, as the case may be, on the significant effects of the development on the environment, taking into account the results of the examination referred to in regulation 26(1)(a) and (b); bb any conditions to which the decision is subject which relate to the likely significant environmental effects of the development on the environment; cc a description of any features of the development and any measures envisaged in order to avoid, prevent, reduce and, if possible, offset, likely significant adverse effects on the environment; and dd any monitoring measures considered appropriate by the relevant planning authority or the secretary of state, as the case may be; or ii to refuse planning permission or subsequent consent, the main reasons for the refusal. duty to inform the public and the secretary of state of final decisions 30 1 where an eia application is determined by a local planning authority, the authority must promptly - a inform the secretary of state of the decision in writing; b inform the consultation bodies of the decision in writing; c inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and d make available for public inspection at the place where the appropriate register (or relevant part of that register) is kept a statement containing - i details of the matters referred to in regulation 29(2); ii the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public; and iii a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results (in particular, in circumstances where regulation 58 applies, the comments received from an eea state pursuant to consultation under that regulation) have been incorporated or otherwise addressed. 2 where an eia application or appeal is determined by the secretary of state or an inspector, the secretary of state must - a notify the relevant planning authority of the decision; and b provide the authority with such a statement as is mentioned in paragraph (1)(d). 3 the relevant authority must, as soon as reasonably practicable after receipt of a notification under paragraph (2)(a), comply with sub-paragraph (b) to (d) of paragraph (1) in relation to the decision so notified as if it were a decision of the authority. part 7 restrictions of grants of permission new simplified planning zone schemes or enterprise zone orders 31 no - a adoption or approval of a simplified planning zone scheme ; b order designating an enterprise zone made ; or c approval of a modified scheme in relation to an enterprise zone, shall grant planning permission for eia development, but it may grant planning permission for schedule 2 development where that grant is made subject to the prior adoption of a screening opinion or to the prior making of a screening direction that the particular proposed development is not eia development. local development orders 32 1 this regulation applies in relation to schedule 2 development for which a local planning authority proposes to grant planning permission by local development order. 2 where this regulation applies, the local planning authority must not make a local development order unless it has prepared the information referred to in regulation 6(2) in accordance with regulation 6(4) and adopted a screening opinion, or the secretary of state has made a screening direction; and regulation 5 shall apply in relation to that screening with the following modifications. 3 in regulation 5 - a paragraph (2)(a) shall not apply; b in paragraph (2)(b) for "relevant" substitute "local"; c in paragraph (4)(a) for "provided by the applicant" substitute "prepared by the local planning authority in accordance with regulation 32(2)"; and d in paragraph (11) for "relevant" substitute "local"; 4 paragraphs (5) and (6) apply where - a the local planning authority adopts a screening opinion; or b the secretary of state makes a screening direction under these regulations, to the effect that the development is eia development. 5 the local planning authority must not make a local development order which would grant planning permission for eia development unless - a an environmental statement has been prepared in relation to that development; and b the eia has been carried out in respect of that development. 6 in a case to which this regulation applies these regulations apply subject to the following modifications - a in regulation 2(1), in the definition of "any other information" for "applicant or the appellant as the case may be" substitute "local planning authority"; b regulations 3, 6 to 14, 17, 21 and 22 shall not apply; c in regulation 15 - i for paragraph (1) substitute - 1 where a proposed local development order is eia development, the local planning authority may state in writing its opinion as to the scope and level of detail of the information to be provided in the environmental statement ("a scoping opinion"). ; ii in paragraph (2) for "a request under paragraph (1) must include - " substitute "before issuing an opinion in accordance with paragraph (1) the local planning authority must prepare - "; iii in paragraph (2)(a) omit "in relation to an application for planning permission - "; iv omit paragraph (2)(b); v omit paragraph (3); vi for paragraph (4) substitute - 4 an authority must not adopt a scoping opinion until they have consulted the consultation bodies. ; vii omit paragraph (5); viii in paragraph (6)(a), for "provided by the applicant" substitute "prepared by the local planning authority in accordance with paragraph (2)"; ix for paragraph (7) substitute - 7 a local planning authority may under regulation 16(1) ask the secretary of state to make a direction as to the information to be provided in the environmental statement (a "scoping direction") ; and x omit paragraphs (8) and (9); d in regulation 16 - i for paragraph (1) substitute - 1 a request made under this paragraph pursuant to regulation 15(7) must include - a the information referred to in regulation 15(2)(a); and b any representations that the local planning authority making the request wishes to make. ; ii omit paragraph (2); iii in paragraph (3) - aa for "person" substitute "local planning authority"; and bb omit "; and may request the relevant planning authority to provide such information as they can on any of those points."; iv in paragraph (4)(b) for "person who made the request and to the relevant" substitute "local"; e in regulation 18 - i omit paragraphs (1) and (2); and ii in paragraph (5)(a) and (b) for "developer" substitute "local planning authority"; f for regulation 19 substitute - procedure where an environmental statement is prepared in relation to a local development order 19 1 where a statement, referred to as an "environmental statement" for the purposes of these regulations, has been prepared in relation to eia development for which a local planning authority proposes to grant planning permission by a local development order, the local planning authority must - a send a copy of the statement to the consultation bodies and inform them that they may make representations; and b notify any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, of an address in the locality in which the land is situated where a copy of the statement may be obtained and the address to which representations may be sent. 2 the local planning authority must not make the local development order until the expiry of 30 days from the last date on which a copy of the statement was served in accordance with this regulation. ; g in regulation 20 - i omit paragraph (1); ii for paragraph (2) substitute - 2 the local planning authority must publish in a local newspaper circulating in the locality in which the land is situated a notice stating - a the name and address of the local planning authority; b the address or location and the nature of the development referred to in the proposed local development order; c that a copy of the draft local development order and of any plan or other documents accompanying it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours; d an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 30 days later than the date on which the notice is published); e details of a website maintained by or on behalf of the authority on which those documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published); f an address (whether or not the same as that given under sub-paragraph (d)) in the locality in which the land is situated at which copies of the statement may be obtained; g that copies of the statement may be obtained there so long as stocks last; h if a charge is to be made for a copy of the statement, the amount of the charge; and i that any person wishing to make representations about the local development order should make them in writing, before the latest date named in accordance with sub-paragraph (d) or (e), to the local planning authority. ; iii omit paragraph (3); iv in paragraph (4), for "applicant", in each place, substitute "local planning authority"; and v omit paragraphs (6) to (10); h for regulation 23 substitute - availability of copies of environmental statements 23 the local planning authority must ensure that - a a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to eia development for which the authority proposes to grant planning permission by a local development order are available at - i their principal office during normal office hours; and ii such other places within their area as they consider appropriate; and b the environmental statement can be accessed at the website referred to in the notice required under regulation 20(2)(f). ; i in regulation 25 - i for paragraph (1) substitute - 1 where an environmental statement has been submitted and the local planning authority is of the opinion, in order to satisfy the requirements of regulation 18(3) and (4), it is necessary for the statement to be supplemented with additional information which is directly relevant to reaching a reasoned conclusion on the likely significant effects of the development described in the application in order to be an environmental statement, the local planning authority must ensure that additional information is provided and such information provided is referred to in these regulations as "further information". ; ii for paragraph (3) substitute - 3 the local planning authority must publish in a local newspaper circulating in the locality in which the land is situated a notice stating - a the name and address of the local planning authority; b the address or location and the nature of the development referred to in the proposed local development order; c that further information is available in relation to an environmental statement which has already been provided; d that a copy of the further information may be inspected by members of the public at all reasonable hours; e an address in the locality in which the land is situated at which the further information may be inspected, and the latest date on which it will be available for inspection (being a date not less than 30 days later than the date on which the notice is published); f details of a website maintained by or on behalf of the authority on which the further information or any other information may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published); g an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the further information may be obtained; h that copies of the further information may be obtained there so long as stocks last; i if a charge is to be made for a copy of the further information, the amount of the charge; j that any person wishing to make representations about the further information should make them in writing, before the latest date specified in accordance with sub-paragraph (e) or (f), to the local planning authority; and k the address to which representations should be sent. ; iii for paragraph (4) substitute - 4 the local planning authority must send a copy of the further information to each person to whom, in accordance with these regulations, the statement to which it relates was sent and to the secretary of state. ; iv omit paragraphs (5) and (6); v for paragraph (7) substitute - 7 where information is provided under paragraph (1) the local planning authority must not make the local development order before the expiry of 30 days after the latest of - a the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent; b the date that notice of it was published in a local newspaper; or c the date that notice of it was published on a website. ; vi in paragraph (8) - aa for "the applicant or appellant who provides further information or any other information, in accordance with paragraph (1)" substitute "the local planning authority"; bb in sub-paragraph (a) after "number of copies of the" insert "further or other"; cc in sub-paragraph (b) omit "required by the relevant planning authority"; vii in paragraph (9), for "relevant" substitute "local"; and viii omit paragraph (11); j in regulation 26(1) for "an application or appeal" substitute "whether to make a local development order"; k in regulation 28 - i for paragraph (1) substitute - 1 where particulars of a draft local development order are placed on part 3 of the register, the local planning authority must take steps to secure that there is also placed on that part a copy of any relevant - a scoping opinion; b screening opinion; c screening direction; d direction under regulation 63; e the statement referred to as the environmental statement including any further information; f statement of reasons accompanying any of the above. ; ii in paragraph (2) - aa for "relevant planning authority" substitute "local planning authority" in both places; and bb for "an application is made for planning permission or subsequent consent for the development in question" substitute "particulars of a draft local development order are placed on part 3 of the register"; l in regulation 29 - i for paragraph (1) substitute - 1 where a local planning authority makes a local development order granting permission for development which constitutes eia development it must prepare a statement setting out the information specified in paragraph (2)(a). ; and ii omit paragraph (2)(b); m in regulation 30 - i in paragraph (1) for "where an eia application is determined by a local planning authority" substitute "where a local planning authority makes a local development order granting permission for development which constitutes eia development"; and ii omit paragraphs (2) and (3); and n in regulation 58 - i in paragraph (1) for sub-paragraph (a) substitute - a it comes to the attention of the secretary of state that eia development proposed to be carried out in england for which a local planning authority proposes to grant planning permission by a local development order is likely to have significant effects on the environment in another eea state; or ; and ii in paragraphs (3) and (6) for "application" substitute "proposed local development order". neighbourhood development orders 33 1 this regulation applies to schedule 2 development for which an order proposal is submitted under paragraph 1 of schedule 4b to the act . 2 paragraphs (3) and (4) apply where - a the local planning authority adopts a screening opinion; or b the secretary of state makes a screening direction under these regulations, to the effect that the proposed development is schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location, and regulation 5 shall apply in relation to that screening with the modifications set out in paragraph (3). 3 in regulation 5 - i for paragraph (2)(a), substitute - a the submission by a qualifying body in relation to that development of a statement referred to by the qualifying body as an environmental statement for the purposes of these regulations; or ; ii in paragraph (4)(a) for "applicant" substitute "qualifying body"; and iii in paragraph (5)(c), for "person" substitute "qualifying body". 4 no referendum may be held under paragraph 12(4) of schedule 4b to the act on the making of a neighbourhood development order which would grant planning permission for schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location unless - a an environmental statement has been prepared in relation to that development; b the local planning authority is satisfied that the basic condition prescribed by paragraph 2 of schedule 3 to the neighbourhood planning (general) regulations 2012 is met; and c the eia has been carried out in respect of that development and the local planning authority has taken the environmental information into consideration. 5 in a case to which this paragraph applies these regulations have effect subject to the following modifications - a in regulation 2(1), in the definition of "any other information" for "applicant or the appellant as the case may be" substitute "qualifying body"; b regulation 3 shall not apply; c in regulation 6 - i for paragraph (1), substitute - 1 a qualifying body which is minded to submit an order proposal may request the relevant local planning authority to adopt a screening opinion. ; ii in paragraph (2), for "a person making a request for a screening opinion in relation to development where an application for planning permission has been or is proposed to be submitted" substitute "a qualifying body making a request for a screening opinion"; iii omit paragraph (3); and iv in paragraphs (4) to (7) and (9) to (11) for each reference to "person" substitute "qualifying body"; d in regulation 7 for each reference to "person" substitute "qualifying body"; e in regulation 8 - i for paragraph (1)(a) substitute - a an order proposal which has been submitted to them under paragraph 1 of schedule 4b to the act relates to schedule 2 development; ; ii in paragraph (1)(c) - aa for "application" substitute "order proposal"; and bb for "applicant" substitute "qualifying body"; iii in paragraph (8)(1) for "or lodging of the proposal" substitute "of the order proposal"; and iv in paragraph (8)(2) for "developer" substitute "qualifying body"; f omit regulations 9 and 10; g in regulation 11 - i for paragraph (1) substitute - 1 where a qualifying body submits an eia order proposal which is not accompanied by a statement referred to by the qualifying body as an environmental statement for the purposes of these regulations, the authority must notify the qualifying body in writing that the submission of an environmental statement is required. ; ii in paragraph (2) - aa for "application" substitute "order proposal"; and bb for "applicant" substitute "qualifying body"; iii in paragraph (3) - aa for each reference to "applicant" substitute "qualifying body"; and bb for "application" substitute "order proposal"; iv for paragraphs (4) to (7) substitute - 4 a qualifying body receiving a notification pursuant to paragraph (1) may, within 3 weeks beginning with the date of the notification, write to the relevant planning authority stating - a that it accepts their view and is providing an environmental statement; or b unless the condition referred to in paragraph (5) is satisfied, that it is writing to the secretary of state to request a screening direction. 5 for the purpose of paragraph (4)(b) the condition is that the secretary of state has made a screening direction in respect of the development. 6 if the qualifying body does not write to the authority in accordance with paragraph (4), unless the condition referred to in paragraph (7) is satisfied, at the end of the 3 week period the relevant planning authority must decline to consider the order proposal. 7 for the purpose of paragraph (6) the condition is that the secretary of state has made a screening direction to the effect that the development is not eia development. ; v in paragraph (8) for "determine the relevant application only by refusing planning permission or subsequent consent if the applicant" substitute "decline to consider the order proposal of the qualifying body"; and vi in paragraph (9) - aa for each reference to "person" substitute "qualifying body"; bb in sub-paragraphs (c) and (d) for each reference to "application" substitute "order proposal"; cc in sub-paragraph (e) for "applicant" substitute "qualifying body"; dd omit sub-paragraphs (f) and (g); h omit regulations 12 to 14; i in regulation 15 - i for paragraphs (1) and (2) substitute - 1 a qualifying body which is minded to submit an order proposal in respect of eia development may ask the relevant planning authority to state in writing their opinion as to the information to be provided in the environmental statement ("a scoping opinion"). 2 a request under paragraph (1) must include - a a plan sufficient to identify the land; b a brief description of the nature and purpose of the development, including its location and technical capacity; c an explanation of the likely significant effects of the proposed development on the environment; and d such other information or representations as the qualifying body may wish to provide or make. ; ii in paragraphs (3) to (5) and (7), for each reference to "person" substitute "qualifying body"; iii in paragraph (6) for "applicant" substitute "qualifying body"; and iv for paragraph (9) substitute - 9 an authority which has adopted a scoping opinion in response to a request under paragraph (1) shall not be precluded from requiring additional information from the qualifying body in connection with any statement that may be submitted as an environmental statement in connection with any order proposal that relates to the same development as was referred to in the request. ; j in regulation 16 - i for each reference to "person" substitute "qualifying body"; and ii for paragraph (6) substitute - 6 neither the secretary of state who has made a scoping direction in response to a request under paragraph (1) nor the relevant planning authority shall be precluded from requiring additional information from the qualifying body in connection with any statement that may be submitted as an environmental statement in connection with any order proposal that relates to the same development as was referred to in the request. ; k in regulation 17 - i for each reference to "person" substitute "qualifying body"; and ii in paragraph (3), omit "12(6), 13(6) or 14(7)"; l in regulation 18 - i omit paragraphs (1) and (2); and ii in paragraph (5) for "developer" substitute "qualifying body"; m in regulation 19 - i in paragraph (1) for "an applicant who makes an eia application" substitute "a qualifying body which makes an eia order proposal"; ii in paragraphs (2) to (4), for each reference to "applicant" substitute "qualifying body"; iii in paragraphs (2), (3) and (6) for each reference to "application" substitute "order proposal"; and iv for paragraph (5) substitute - 5 the local planning authority must not submit the order proposal for independent examination under paragraph 7 of schedule 4b to the act until the expiry of 30 days from the last date on which a copy of the statement was served in accordance with this regulation. ; n in regulation 20 - i for paragraphs (1) and (2)(a) and (b) substitute - publicity where an environmental statement is submitted after the order proposal 20 1 where a qualifying body has submitted an order proposal without an environmental statement and the qualifying body later proposes to submit such a statement, it must, before submitting it, comply with paragraphs (2) to (5). 2 the qualifying body must publish in a local newspaper circulating in the locality in which the land to which the order proposal relates is situated a notice stating - a the qualifying body's name, that an order proposal has been submitted, and the name and address of the relevant planning authority; b the date on which the order proposal was submitted; ; ii in paragraph (2)(d)(i) for "application" substitute "order proposal"; iii omit paragraph (2)(d)(ii); iv for paragraph (2)(j) substitute - j that any person wishing to make representations about the order proposal should make them in writing, before the latest date named in accordance with sub-paragraph (e) or (f), to the relevant planning authority. ; v in paragraph (3) - aa for "an applicant who" substitute "a qualifying body which"; bb omit "12(5), 13(5) or 14(6)"; vi in paragraphs (4) and (6) for each reference to "applicant" substitute "qualifying body"; vii for paragraph (8) substitute - 8 where a qualifying body indicates that it intends to provide a statement in the circumstances mentioned in paragraph (1), the relevant planning authority must not consider the order proposal further until 30 days beginning with the last date on which the statement and other documents so mentioned are published in accordance with this regulation. ; and viii omit paragraph (9); o omit regulations 21 and 22; p for regulation 23 substitute - availability of copies of environmental statements 23 a qualifying body which submits an environmental statement in connection with an order proposal must ensure that a reasonable number of copies of the statement are available at the address named in the notices published or posted pursuant to regulation 23(2) of the neighbourhood planning (general) regulations 2012 or regulation 20 as the address at which such copies may be obtained. ; q in regulation 25 - i for paragraph (1) substitute - 1 where a relevant planning authority or independent examiner dealing with an order proposal in relation to which a qualifying body has submitted an environmental statement is of the opinion that, in order to satisfy the requirements of regulation 18(2) and (3), it is necessary for the statement to be supplemented with additional information which is directly relevant to reaching a reasoned conclusion on the likely significant effects of the development proposed in order to be an environmental statement, the authority or the examiner, as the case may be, must notify the qualifying body in writing accordingly, and the qualifying body must provide that additional information; and such information provided by the qualifying body is referred to in these regulations as "further information". ; ii for paragraph (3)(a) substitute - a the name of the qualifying body and the name and address of the relevant planning authority; ; iii for paragraph (3)(b) substitute - b the date on which the order proposal was submitted; ; iv omit paragraph (3)(c); v in paragraph (3)(f) for "planning permission or subsequent application" substitute "order proposal"; vi in paragraph (3)(l) for ", the secretary of state or the inspector (as the case may be)" substitute "or independent examiner"; vii in paragraph (6) for "applicant or appellant" substitute "qualifying body"; viii for paragraph (7), substitute - 7 where information is requested under paragraph (1) or any other information is provided - a the relevant planning authority must not consider the proposal further until 30 days following the receipt of the statement and of the other documents so mentioned; b the independent examiner must not make their report until 30 days following the receipt of the statement and of the other documents so mentioned. ; ix in paragraph (8) for "applicant or appellant" substitute "qualifying body"; and x for paragraph (11) substitute - 11 the relevant planning authority or independent examiner may in writing require a qualifying body to produce such evidence as they may reasonably call for to verify any information in the environmental statement. ; r in regulation 26 - i in paragraph (1) - aa for "an application or appeal" substitute "whether to hold a referendum under paragraph 12(4) of schedule 4b to the act on the making of a neighbourhood development order"; bb omit "the secretary of state or an inspector, as the case may be," and cc in sub-paragraphs (c) and (d) for "planning permission or subsequent consent is to be granted" substitute "a referendum is to be held"; and ii in paragraph (2) - aa for "grant planning permission or subsequent consent for eia" substitute "make an eia order proposal subject to a referendum"; and bb omit "or the secretary of state or inspector, as the case may be," in both places; s in regulation 28 - i for the opening words in paragraph (1) substitute - 1 where particulars of an order proposal are placed on the register, the relevant planning authority must take steps to secure that there is also placed on the register a copy of any relevant - ; ii in paragraph (1)(e) for "11(2), 12(5), 13(5) or 14(6)", substitute "11(2)"; and iii in paragraph (2) for "application is made for planning permission or subsequent consent" substitute "order proposal is submitted by a qualifying body"; t in regulation 29 - i in paragraph (1) - aa for "where an eia application or appeal in relation to which an environmental statement has been submitted is determined by a relevant planning authority, the secretary of state or an inspector, as the case may be, the person making that determination ," substitute "as soon as possible after making a decision to make the neighbourhood development order under section 61e(4) of the act or to refuse to make it under section 61e(8) of the act, the relevant planning authority"; and bb for "developer" substitute "qualifying body"; ii in paragraph (2) - aa in sub-paragraph (b)(i) for "grant planning permission or subsequent consent" substitute "make the order"; and bb in sub-paragraph (b)(ii) for "refuse planning permission or subsequent consent" substitute "not make the order"; u in regulation 30 - i in paragraph (1), for "eia application is determined by the local planning authority", substitute, "authority decides to make the neighbourhood development order under section 61e(4) or to refuse to make it under section 61e(8)"; and ii omit paragraph (2); v omit parts 7, 9 and 10 (except regulation 58); and w in regulation 58 - i in paragraph (1)(a) for "proposed to be carried out in england is the subject of an eia application" substitute "in england for which an order proposal has been submitted may be eia development"; ii in paragraph (3) for each reference to "application" substitute "order proposal"; iii in paragraph (4) for "before development consent for the development is granted" substitute "before a decision is made under paragraph 12(4) of schedule 4b to the act that the draft order meets the basic conditions"; and iv in paragraph (6) for "on the determination of the application concerned" substitute "on a decision being made under paragraph 12(4) of schedule 4b to the act that the draft order meets the basic conditions". part 8 unauthorised development interpretation 34 in this part - "enforcement functions" means - the issuing of an enforcement notice under section 172 of the act (issue of enforcement notice); making an application for a planning enforcement order under section 171ba of the act (time limits in cases involving concealment); the issuing of a planning contravention notice under section 171c of the act (power to require information about activities on land); the issuing of a temporary stop notice under section 171e of the act (temporary stop notice); the issuing of a stop notice under section 183 of the act (stop notices); the service of a breach of condition notice under section 187a of the act (enforcement of conditions); or an application to the court for an injunction under section 187b of the act (injunctions restraining breaches of planning control); and "ground (a) appeal" has the meaning given in regulation 40; and "unauthorised eia development" means eia development which is the subject of an enforcement notice under section 172 of the act. duty to ensure objectives of the directive are met 35 relevant planning authorities, in the exercise of their enforcement functions, must have regard to the need to secure compliance with the requirements and objectives of the directive. prohibition on the grant of planning permission for unauthorised eia development 36 the secretary of state or an inspector must not grant planning permission or subsequent consent under section 177(1) of the act (grant or modification of planning permission on appeals against enforcement notices) in respect of unauthorised eia development unless an eia has been carried out in respect of that development. screening opinions of the local planning authority 37 1 where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include schedule 1 development or schedule 2 development they must, before the enforcement notice is issued - a take such steps as appear reasonable to them in the circumstances, having regard to the requirements of regulation 6(2), to obtain information about the unauthorised development to inform a screening opinion; and b adopt a screening opinion. 2 the local planning authority must adopt the screening opinion mentioned in paragraph (1)(b) within - a three weeks beginning with the date on which it obtained the information mentioned in paragraph (1)(a); or b such longer period not exceeding 90 days beginning with the date on which it obtained the information mentioned in paragraph (1)(a) as may be reasonably required. 3 where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include eia development, they must serve with a copy of the enforcement notice a notice ("regulation 37 notice") which must - a include the screening opinion required by paragraph (1); and b require a person who gives notice of an appeal under section 174 of the act (appeal against enforcement notice) to submit to the secretary of state with the notice 2 copies of an environmental statement relating to that eia development. 4 the authority which has served a regulation 37 notice must send a copy of it to - a the secretary of state; b the consultation bodies; and c any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the regulation 37 notice. 5 where an authority provides the secretary of state with a copy of a regulation 37 notice they must include with it a list of the other persons to whom a copy of the notice has been or is to be sent. screening directions of the secretary of state 38 any person on whom a regulation 37 notice is served may, within 3 weeks beginning with the date the notice is served, apply to the secretary of state for a screening direction and the following shall apply - a an application for a screening direction under this regulation must be accompanied by - i a copy of the regulation 37 notice; ii a copy of the enforcement notice which accompanied it; and iii the information required under regulation 6(2), such information to be prepared, where relevant, in accordance with regulation 6(4); b at the same time as applying to the secretary of state, the applicant must send to the authority by whom the regulation 37 notice was served a copy of the application under this regulation and of any information or representations provided or made in accordance with paragraph (a)(iii); c if the secretary of state considers that the information provided in accordance with sub-paragraph (a) is insufficient to make a direction, the secretary of state must notify the applicant and the authority of the matters in respect of which additional information is required; and the information so requested must be provided by the applicant within such reasonable period as may be specified in the notice; d the secretary of state must make a screening direction within - i 3 weeks beginning with the date of receipt of a request made pursuant to this regulation; or ii where the secretary of state gives notice under paragraph (c), such longer period not exceeding 90 days beginning with the date on which the person making the request for a screening direction submits the information required under paragraph (c) as may be reasonably required; e the secretary of state must send a copy of the direction to the applicant; and f without prejudice to paragraph (e), where the secretary of state directs that the matters which are alleged to constitute the breach of planning control do not comprise or include eia development, the secretary of state must send a copy of the direction to every person to whom a copy of the regulation 37 notice was sent. provision of information 39 1 the relevant planning authority and any person, other than the secretary of state, to whom a copy of the regulation 37 notice has been sent ("the consultee") must, if requested by the person on whom the regulation 37 notice was served, declare to that person whether the consultee has in their possession any information which that person or the consultee consider relevant to the preparation of an environmental statement and, if they have, the consultee must make any such information available to that person. 2 regulation 17(5) shall apply to information under paragraph (1) as it applies to any information falling within regulation 17(4). appeal to the secretary of state without a screening opinion or screening direction 40 1 where on consideration of an appeal under section 174 of the act (appeal against enforcement notice) it appears to the secretary of state that the matters which are alleged to constitute the breach of planning control comprise or include schedule 1 development or schedule 2 development, the secretary of state must, before any notice is served pursuant to regulation 41, make a screening direction. 2 where an inspector is dealing with an appeal under section 174 of the act (appeal against enforcement notice) and a question arises as to whether the matters which are alleged to constitute the breach of planning control comprise or include schedule 1 development or schedule 2 development, the inspector must refer that question to the secretary of state. 3 before receiving a screening direction the inspector must not determine the application which is deemed to have been made by virtue of the appeal under section 174 of the act (appeal against enforcement notice) ("the deemed application") except to refuse that application. 4 the secretary of state must make a screening direction - a in a case where a question is referred to the secretary of state under paragraph (2) within - i 3 weeks beginning with the date on which the question was referred; ii where no notice is given under paragraph (8), such longer period as may be reasonably required not exceeding 90 days from the date on which the appellant submits the information required under regulation 38(a); or iii where the secretary of state gives notice under paragraph (8), such longer period as may be reasonably required, not exceeding 90 days from the date on which the person making the request for a screening direction submits the information required by the notice given under paragraph (8). b in all other cases falling within this regulation within - i 3 weeks beginning with the date on which an appeal under section 174 of the act (appeal against enforcement notice) was lodged; or ii where the secretary of state gives notice under paragraph (8), such longer period not exceeding 90 days beginning with the date on which the person making the appeal submits the information required by notice given under paragraph (8) as may be reasonably required. 5 where the secretary of state considers that, due to exceptional circumstances relating to the development, it is not practicable for the secretary of state to adopt a screening direction within the period of 90 days beginning with the dates referred to in paragraphs (4)(a)(iii) and (4)(b)(ii), the secretary of state may extend that period by giving notice in writing to the person who made the request for a screening direction. 6 the secretary of state must state in any notice given under paragraph (5) the reasons justifying the extension and the date when the determination is expected. 7 the secretary of state must send a copy of any screening direction made pursuant to paragraph (2) to the inspector. 8 if the secretary of state considers that sufficient information to make a screening direction has not been provided, the secretary of state must give notice in writing to the appellant and the authority by whom the regulation 37 notice was served of the matters in respect of which additional information is required; and the information so requested must be provided by the appellant within such reasonable period as may be specified in the notice. 9 a person providing additional information pursuant to a notice under paragraph (8) must, where that information is of a type specified in regulation 6(2) or (3), prepare that information in accordance with the requirements of regulation 6(4). 10 if an appellant to whom notice has been given under paragraph (8) fails to comply with the requirements of that notice the appeal in so far as it is brought under the ground mentioned in section 174(2)(a) of the act (appeal against enforcement notice) ("the ground (a) appeal") shall lapse at the end of the period specified in the notice. appeal to the secretary of state without an environmental statement 41 where the secretary of state or an inspector is considering an appeal under section 174 of the act and the matters which are alleged to constitute the breach of planning control comprise or include unauthorised eia development, and the documents submitted for the purposes of the appeal do not include a statement referred to by the appellant as an environmental statement for the purposes of these regulations, the following procedure shall apply - a the secretary of state must, subject to sub-paragraph (b), within the period of 3 weeks beginning with the day on which the appeal is received, or such longer period as may be reasonably required, notify the appellant in writing of the requirements of paragraph (c); b notice need not be given under paragraph (a) where the appellant has submitted an environmental statement to the secretary of state for the purposes of an appeal under section 78 of the act (right to appeal against planning decisions and failure to take such decisions) which - i relates to the development to which the appeal under section 174 of the act (appeal against enforcement notice) relates; and ii is to be determined at the same time as that appeal under section 174 of the act (appeal against enforcement notice), and that statement, any further information, any other information and the representations (if any) made in relation to it must be treated as the environmental statement for the purpose of regulation 36; c the appellant must, within the period specified in the notice or such longer period as the secretary of state may allow, submit to the secretary of state 2 copies of an environmental statement relating to the unauthorised eia development in question; d the secretary of state must send to the relevant planning authority a copy of any notice sent to the appellant under paragraph (a); e if an appellant to whom notice has been given under sub-paragraph (a) fails to comply with the requirements of paragraph (c), the ground (a) appeal shall lapse at the end of the period allowed; and f as soon as reasonably practicable after the occurrence of the event mentioned in paragraph (e), the secretary of state must notify the appellant and the local planning authority in writing that the ground (a) appeal has lapsed. procedure where an environmental statement is submitted to the secretary of state 42 where the secretary of state receives (otherwise than as mentioned in regulation 41(b)) an environmental statement in connection with an enforcement appeal, the secretary of state must - a send a copy of that environmental statement to the relevant planning authority, advise the authority that the environmental statement will be taken into consideration in determining the ground (a) appeal, and inform them that they may make representations; b notify the persons to whom a copy of the relevant regulation 37 notice was sent that the environmental statement will be taken into consideration in determining the ground (a) appeal, and inform them that they may make representations and that, if they wish to receive a copy of the environmental statement or any part of it, they must notify the secretary of state within 7 days of the receipt of the secretary of state's notice; and c respond to notification under paragraph (b) by providing a copy of the environmental statement or of the part requested (as the case may be). further information and evidence respecting environmental statements 43 regulation 25(1) and (11) applies to environmental statements provided in accordance with this part with the following modifications - a where the secretary of state or an inspector, as the case may be, notifies the appellant under regulation 25(1) that further information is required, the appellant must provide that further information within such period as the secretary of state or the inspector may specify in the notice, or such longer period as the secretary of state or the inspector may allow; and b if an appellant to whom a notice has been given under paragraph (a) fails to provide the further information within the period specified or allowed (as the case may be), the ground (a) appeal shall lapse at the end of that period. publicity for environmental statements or further information 44 1 where a relevant planning authority receives a copy of an environmental statement or further information by virtue of regulation 42(a) or any other information it must publish by local advertisement a notice stating - a the name of the appellant and that the enforcement notice has been appealed to the secretary of state; b the address or location of the land to which the notice relates and the nature of the development; c sufficient information to enable any planning permission for the development to be identified; d that a copy of the environmental statement, further information or any other information and of any planning permission may be inspected by members of the public at all reasonable hours; e an address in the locality in which the land is situated at which the environmental statement or further information or any other information may be inspected, and the latest date on which it will be available for inspection (being a date not less than 30 days later than the date on which the notice is published); f details of a website maintained by or on behalf of the authority on which those documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published); g that any person wishing to make representations about any matter dealt with in the environmental statement or further information or any other information should make them in writing before the latest date named in accordance with sub-paragraph (e) or (f), to the secretary of state; and h the address to which any such representations should be sent. 2 the authority must as soon as practicable after publication of a notice in accordance with paragraph (1) send to the secretary of state a copy of the notice certified by or on behalf of the authority as having been published by local advertisement on a date specified in the certificate. 3 neither the secretary of state receiving a certificate under paragraph (2) nor an inspector shall determine the ground (a) appeal in respect of the development to which the certificate relates until the expiry of 30 days from the date stated in the published notice as the last date on which the statement or further information was available for inspection. public inspection of documents 45 1 the relevant planning authority must make available for public inspection at all reasonable hours at the place where the appropriate register (or relevant part of that register) is kept a copy of - a every regulation 37 notice given by the authority; b every notice received by the authority under regulation 41(d); and c every statement and all further information received by the authority under regulation 42(a); and copies of those documents must remain so available for a period of 2 years or until they are entered in part 2 of the register in accordance with paragraph (2), whichever is the sooner. 2 where particulars of any planning permission granted by the secretary of state or an inspector under section 177 of the act (grant or modification of planning permission on appeals against enforcement notices) are entered in part 2 of the register, the relevant planning authority must take steps to secure that that part also contains a copy of any of the documents referred to in paragraph (1) as are relevant to the development for which planning permission has been granted. 3 the provisions of regulation 30(2) and(3) apply to a grant of planning permission under section 177 of the act (grant or modification of planning permission on appeals against enforcement notices) as they apply to an application for and grant of planning permission under part 3 of the act (control over development). significant transboundary effects 46 regulation 58 shall apply to unauthorised eia development as if - a for paragraph (1)(a) there were substituted - a on consideration of an appeal under section 174 of the act (appeal against enforcement notice), the secretary of state is of the opinion that the matters which are alleged to constitute the breach of planning control comprise or include eia development and that the development has or is likely to have significant effects on the environment in another eea state; or ; b in paragraph (3) i in sub-paragraph (a) for "a copy of the application concerned" there were substituted "a description of the development concerned"; and ii in sub-paragraph (b) for "application" there were substituted "appeal"; c in paragraph (3)(d) the words "to which that application relates" were omitted; and d in paragraph (6) for "application" there were substituted "appeal". part 9 romp applications general application of the regulations to romp applications 47 these regulations shall apply to - a a romp application as they apply to an application for planning permission; b a romp subsequent application as they apply to a subsequent application; c romp development as they apply to development in respect of which an application for planning permission is, has been, or is to be made; d a relevant mineral planning authority as they apply to a relevant planning authority; e a person making a romp application as they apply to an applicant for planning permission; f a person making a romp subsequent application as they apply to a person making a subsequent application; g the determination of a romp application as they apply to the granting of a planning permission; and h the granting of romp subsequent consent as they apply to the granting of subsequent consent, subject to the modifications and additions set out in this part. modification of provisions on prohibition of granting planning permission or subsequent consent 48 in regulation 3 (prohibition on granting planning permission or subsequent consent for eia development), after "for eia development" insert "pursuant to a romp application". modification of provisions on application to local planning authority without an environmental statement 49 in the case of a romp application, in regulation 11(4) (eia applications made to a local planning authority without an environmental statement) - a for "3" substitute "6"; and b after "the notification" insert ", or within such other period as may be agreed with the authority in writing". disapplication of regulations and modifications of provisions on application referred to or appealed to the secretary of state without an environmental statement 50 1 in the case of a romp application, regulations 11(6) and (8), 13(7) and (8), 14(8) and (9) and 68 shall not apply. 2 in the case of a romp application, in regulations 13(6) (application referred to the secretary of state without an environmental statement) and 14(7) (appeal to the secretary of state without an environmental statement) - a for "3" substitute "6"; and b after "the notification," insert " or within such other period as may be agreed with the secretary of state in writing,". substitution of references to section 78 right of appeal and modification of provisions on appeal to the secretary of state without an environmental statement 51 1 in the case of a romp application, in regulations 14(1) and 21(b), for each reference to "section 78 of the act (right to appeal against planning decisions and failure to take such decisions)" substitute - paragraph 5(2) of schedule 2 to the 1991 act, paragraph 11(1) of schedule 13 to the 1995 act or paragraph 9(1) of schedule 14 to the 1995 act (right of appeal) . 2 in the case of a romp application, in regulation 14(2) (appeal to the secretary of state without an environmental statement) omit ", except by refusing planning permission or subsequent consent,". modification of provisions on preparation, publicity and procedures on submission of environmental statements 52 1 in the case of a romp application, in regulations 15(9) and 16(6) for "an application for planning permission or a subsequent application for" substitute "a romp application which relates to another planning permission which authorises". 2 in the case of a romp application, in regulation 19 (procedure where an environmental statement is submitted to a local planning authority) for paragraph (4) substitute - 4 where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 15 of, and schedule 3 to, the order (publicity for applications for planning permission) shall apply to a romp application under - a paragraph 2(2) of schedule 2 to the 1991 act; and b paragraph 6(1) of schedule 14 to the 1995 act , as they apply to a planning application falling within article 15(2) of the order except that for each reference in the notice in schedule 3 to the order to "planning permission" there is substituted "determination of the conditions to which a planning permission is to be subject" and that notice must refer to the relevant provisions of the 1991 act or the 1995 act pursuant to which the application is made. . 3 in the case of a romp application, in regulation 20 (publicity where an environmental statement is submitted after the planning application) - a in paragraph (2)(a) for "that an application is being made for planning permission or subsequent consent" substitute - that an application is being made for determination of the conditions to which a planning permission is to be subject, the relevant provisions of the 1991 act or the 1995 act pursuant to which the application is made ; and b for paragraph (8) substitute - 8 where an applicant indicates that it is proposed to provide such a statement and in such circumstances as are mentioned in paragraph (1), the relevant planning authority, the secretary of state or the inspector, as the case may be, must suspend consideration of the application or appeal until the date specified by the authority or the secretary of state for submission of the environmental statement and compliance with paragraph (6); and must not determine it during the period of 30 days beginning with the last date on which the statement and the other documents mentioned in paragraph (6) are published in accordance with this regulation. . 4 in the case of a romp application, in regulation 21 (provision of copies of environmental statements and further information for the secretary of state on referral or appeal) - a in paragraph (a) for "section 77 of the act (reference of applications to the secretary of state)" substitute "paragraph 7(1) of schedule 2 to the 1991 act, paragraph 13(1) of schedule 13 to the 1995 act or paragraph 8(1) of schedule 14 to the 1995 act"; and b in paragraph (b) for "section 78 of the act (right to appeal against planning decisions and failure to take such decisions)" substitute "paragraph 5(2) of schedule 2 to the 1991 act, paragraph 11(1) of schedule 13 to the 1995 act or paragraph 9(1) of schedule 14 to the 1995 act (right of appeal)". 5 in the case of a romp application, in regulation 23 (availability of copies of environmental statements) after "the order" insert "(as applied by regulation 19(4) or by paragraph 9(5) of schedule 13 to the 1995 act),". 6 in the case of a romp application, in regulation 25 (further information and evidence respecting environmental statements) - a in paragraph (3)(a) for "applicant for planning permission or subsequent consent or the appellant (as the case may be)" substitute - person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 act or the 1995 act pursuant to which the application is made ; b in paragraph (7) after "application or appeal" insert "until the date they specify for submission of the further information". 7 in regulation 26 (consideration of whether planning permission or subsequent consent should be granted) - a in paragraph (1)(d) omit "if planning permission or subsequent consent is to be granted"; and b in paragraph (2) for "grant planning permission or subsequent consent for eia development" substitute "determine the conditions to which a planning permission is to be subject". modification of provisions on application to the high court and giving of directions 53 1 in the case of a romp application, for regulation 66 (application to the high court) substitute - application to the high court 66 for the purposes of part 12 of the act (validity of certain decisions), the reference in section 288 of the act, as applied by paragraph 9(3) of schedule 2 to the 1991 act, paragraph 16(4) of schedule 13 to the 1995 act or paragraph 9(4) of schedule 14 to the 1995 act, to "action of the secretary of state which is not within the powers of the act" is taken to extend to the determination of a romp application by the secretary of state in contravention of regulation 3. . 2 the direction making power in article 31(2) of the order shall apply to romp development as it applies to development in respect of which an application for planning permission is made. suspension of minerals development 54 1 where the authority, the secretary of state or an inspector is dealing with a romp application or an appeal arising from a romp application and notifies the applicant or appellant, as the case may be, that - a the submission of an environmental statement is required under regulation 11(1), 13(3) or 14(5), then such notification must specify the period within which the environmental statement and compliance with regulation 20(6) is required; or b a statement should contain further information under regulation 25(1), then such notification must specify the period within which that information is to be provided. 2 subject to paragraph (3), the planning permission to which the romp application relates shall not authorise any minerals development (unless the secretary of state has made a screening direction to the effect that romp development is not eia development) if the applicant or the appellant does not - a write to the authority or secretary of state within the 6 week or other period agreed pursuant to regulation 11(4), 13(6) or 14(7); b submit an environmental statement and comply with regulation 20(6) within the period specified by the authority or the secretary of state in accordance with paragraph (1) or within such extended period as is agreed in writing; c provide additional information within the period specified by the authority, the secretary of state or an inspector in accordance with paragraph (1) or within such extended period as is agreed in writing; or d where a notification under regulation 6(5), 7(3), 15(3) or 16(3) has been received, provide the additional information requested within 3 weeks beginning with the date of the notification, or within such extended period as may be agreed in writing with the authority or secretary of state, as the case may be. 3 where paragraph (2) applies, the planning permission shall not authorise any minerals development from the end of - a the relevant 6 week or other period agreed in writing as referred to in paragraph (2)(a); and b the period specified or agreed in writing as referred to in paragraph (2)(b), (c), and (d), until the applicant has complied with all of the provisions referred to in paragraph (2) which are relevant to the application or appeal in question. 4 particulars of the suspension of minerals development and the date when that suspension ends must be entered in the appropriate part of the register as soon as reasonably practicable. 5 paragraph (2) shall not affect any minerals development carried out under the planning permission before the date of suspension of minerals development. 6 for the purposes of paragraphs (2) to (5) "minerals development" means development consisting of the winning and working of minerals, or involving the depositing of mineral waste. determination of conditions and right of appeal on non-determination 55 1 where it falls to - a a relevant mineral planning authority to determine a schedule 1 or a schedule 2 application, paragraph 2(6)(b) of schedule 2 to the 1991 act, paragraph 9(9) of schedule 13 to the 1995 act or paragraph 6(8) of schedule 14 to the 1995 act shall not have effect to treat the authority as having determined the conditions to which any relevant planning permission is to be subject unless either the relevant mineral planning authority has adopted a screening opinion or the secretary of state has made a screening direction to the effect that the romp development in question is not eia development; b a relevant mineral planning authority or the secretary of state to determine a schedule 1 application or a schedule 2 application - i section 69 (register of applications, etc) of the act, and any provisions of the order made by virtue of that section, shall have effect with any necessary amendments as if references to applications for planning permission included romp applications under paragraph 9(1) of schedule 13 to the 1995 act and paragraph 6(1) of schedule 14 to the 1995 act; and ii where the relevant mineral planning authority is not the authority required to keep the register, the relevant mineral planning authority must provide the authority required to keep it with such information and documents as that authority requires to comply with section 69 of the act (register of applications, etc) (as applied by paragraph (i)), with regulation 28 as applied by regulation 47, and with regulation 54(4). 2 where it falls to the relevant mineral planning authority or the secretary of state to determine an eia application which is made under paragraph 2(2) of schedule 2 to the 1991 act, paragraph 4(4) of that schedule shall not apply. 3 where it falls to the relevant mineral planning authority to determine an eia application, the authority must give written notice of their determination of the romp application within 16 weeks beginning with the date of receipt by the authority of the romp application or such extended period as may be agreed in writing between the applicant and the authority. 4 for the purposes of paragraph (3) a romp application is received by the relevant mineral planning authority when it receives - a a document referred to by the applicant as an environmental statement for the purposes of these regulations; b any documents required to accompany that statement; and c any additional information which the authority has notified the applicant that the environmental statement should contain. 5 where paragraph (1)(a) applies - a paragraph 5(2) of schedule 2 to the 1991 act, paragraph 11(1) of schedule 13 to the 1995 act and paragraph 9(1) of schedule 14 to the 1995 act (right of appeal) shall have effect as if there were also a right of appeal to the secretary of state where the relevant mineral planning authority has not given written notice of their determination of the romp application in accordance with paragraph (3); and b paragraph 5(5) of schedule 2 to the 1991 act, paragraph 11(2) of schedule 13 to the 1995 act and paragraph 9(2) of schedule 14 to the 1995 act (right of appeal) shall have effect as if they also provided for notice of appeal to be made within 6 months from the expiry of the 16 week or other period agreed pursuant to paragraph (3). 6 in determining for the purposes of - a paragraph 6(b) of schedule 2 to the 1991 act, paragraph 9(9) of schedule 13 to the 1995 act and paragraph 6(8) of schedule 14 to the 1995 act (determination of conditions); or b paragraph 5(5) of schedule 2 to the 1991 act, paragraph 11(2) of schedule 13 to the 1995 act and paragraph 9(2) of schedule 14 to the 1995 act (right of appeal), the time which has elapsed without the relevant mineral planning authority giving the applicant written notice of their determination in a case where the authority has notified an applicant in accordance with regulation 11(1) that the submission of an environmental statement is required and the secretary of state has given a screening direction in relation to the romp development in question, no account shall be taken of any period before the issue of the direction. romp application by a mineral planning authority 56 1 where a relevant mineral planning authority proposes to make or makes a romp application to the secretary of state under regulation 11 (other consents) of the general regulations which is a schedule 1 application or a schedule 2 application (or proposed application), these regulations shall apply to that application or proposed application as they apply to a romp application referred to the secretary of state under paragraph 7(1) of schedule 2 to the 1991 act, paragraph 13(1) of schedule 13 to the 1995 act or paragraph 8(1) of schedule 14 to the 1995 act (reference of applications to the secretary of state) subject to the following modifications - a subject to paragraph (2), regulations 6 to 12, 14 to 16, 19 (save for the purposes of regulations 22(3) and (4)), 21 and 30(1) do not apply; b in regulation 5 (general provisions relating to screening), paragraph (11) shall not apply; c in regulation 13(3) (application referred to the secretary of state without an environmental statement), omit "and must send a copy of that notification to the relevant planning authority"; d in regulation 17 (procedure to facilitate preparation of environmental statements) - i in paragraph (3)(b) for "11(4)(a), 12(6), 13(6) or 14(7)" substitute "13(6)"; and ii in paragraph (4) omit "the relevant planning authority and" and "authority or"; e in regulation 20(2) (publicity where an environmental statement is submitted after the planning application) - i in sub-paragraph (a) omit "and the name and address of the relevant planning authority"; and ii for sub-paragraph (b) substitute - b the date on which the application was made and that it has been made to the secretary of state under regulation 11 of the general regulations; ; f in regulation 22 (procedure where an environmental statement is submitted to the secretary of state), in paragraph (2) omit "who must send a copy to the relevant planning authority"; g in regulation 25(3) (further information and evidence respecting environmental statements) - i in sub-paragraph (a) omit "and the name and address of the relevant planning authority"; and ii for sub-paragraph (b) substitute - b the date on which the application was made and that it has been made to the secretary of state under regulation 11 of the general regulations; ; h regulations 28 (availability of opinions, directions etc for inspection), 29(1) (information to accompany decisions) and 30(2) (duties to inform the public and the secretary of state of final decisions) shall apply as if the references to a "relevant planning authority" were references to a mineral planning authority; and i regulation 63(2) shall not apply. 2 a relevant mineral planning authority which is minded to make a romp application to the secretary of state under regulation 11 of the general regulations may request the secretary of state in writing to make a screening direction, and paragraphs (3) to (7) of regulation 7 shall apply to such a request as they apply to a request made pursuant to regulation 6(10) but as if in paragraph (3) the words ", and may request the relevant planning authority to provide such information as they can on any of those points" were omitted. 3 a request under paragraph (2) must be accompanied by - a a plan sufficient to identify the land; b a description of the nature and purpose of the romp development, including in particular - i a description of the physical characteristics of the whole development and, where relevant, of demolition works; and ii a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected; c a description of the aspects of the environment likely to be significantly affected by the development; d to the extent the information is available, a description of any likely significant effects of the proposed development on the environment resulting from - i the expected residues and emissions and the production of waste, where relevant; and ii the use of natural resources, in particular soil, land, water and biodiversity; and e such other information or representations as the authority may wish to provide or make including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment. 4 an authority making a request under paragraph (2) must send to the secretary of state any additional information that the secretary of state may request in writing to enable a direction to be made. 5 in this regulation "the general regulations" means the town and country planning general regulations 1992 . romp applications: duty to make a prohibition order after two years suspension of permission 57 1 this regulation applies if, in relation to a minerals development - a a period of 2 years beginning with the suspension date has expired, and b the steps specified in regulation 54(2) have yet to be taken. 2 the "suspension date" is the date on which the suspension of minerals development (within the meaning of regulation 54(3)) begins. 3 paragraph 3 of schedule 9 to the act (prohibition of resumption of mineral working) has effect in relation to any part of a site as it has effect in relation to the whole site. 4 paragraph 3(1)(b) of schedule 9 to the act has effect as if for the words from "the mineral planning authority may by order" to the end there were substituted - the mineral planning authority - i must by order prohibit the resumption of the winning and working or the depositing; and ii may in the order impose, in relation to the site, any such requirement as is specified in sub-paragraph (3). . 5 in paragraphs 3(2)(a) and (b) of schedule 9 to the act, references to winning and working or depositing are to be read as references to winning and working or depositing for which permission is not suspended by virtue of regulation 54(3). 6 paragraph 4(7) of schedule 9 to the act has effect as if for "have effect" there were substituted "authorise that development". part 10 development with significant transboundary effects development in england likely to have significant effects in another eea state 58 1 where - a it comes to the attention of the secretary of state that development proposed to be carried out in england is the subject of an eia application and is likely to have significant effects on the environment in another eea state; or b another eea state likely to be significantly affected by such development so requests, the secretary of state must - i send to the eea state as soon as possible and no later than the date of publication in the london gazette referred to in paragraph (ii), the particulars mentioned in paragraph (2) and, if relevant, the information referred to in paragraph (3); ii publish the information in paragraph (i) in a notice placed in the london gazette indicating the address where additional information is available; and iii give the eea state a reasonable time in which to indicate whether it wishes to participate in the procedure for which these regulations provide. 2 the particulars referred to in paragraph (1)(b)(i) are - a a description of the development, together with any available information on its possible significant effect on the environment in another eea state; and b information on the nature of the decision which may be taken. 3 where an eea state indicates, in accordance with paragraph (1)(b)(iii), that it wishes to participate in the procedure for which these regulations provide, the secretary of state must as soon as possible send to that eea state the following information - a a copy of the application concerned; b details of the authority responsible for deciding the application; c a copy of any planning permission relating to the development; d a copy of any environmental statement in respect of the development to which that application relates; and e relevant information regarding the procedure under these regulations, but only to the extent that such information has not been provided to the eea state earlier in accordance with paragraph (1)(b)(i). 4 the secretary of state must also ensure that the eea state concerned is given an opportunity, before development consent for the development is granted, to forward to the secretary of state, within a reasonable time, the opinions of its public and of the authorities referred to in article 6(1) of the directive on the information supplied. 5 the secretary of state must in accordance with article 7(4) of the directive - a enter into consultations with the eea state concerned regarding, inter alia, the potential significant effects of the development on the environment of that eea state and the measures envisaged to reduce or eliminate such effects; and b determine in agreement with the other eea state a reasonable period of time for the duration of the consultation period. 6 where an eea state has been consulted in accordance with paragraph (5), on the determination of the application concerned the secretary of state must inform the eea state of the decision and must forward to it the information referred to in regulation 29. projects in another eea state likely to have significant transboundary effects 59 1 where the secretary of state receives from another eea state, pursuant to article 7(1) or 7(2) of the directive, information which that eea state has gathered from the developer of a proposed project in that eea state which is likely to have significant effects on the environment in england, the secretary of state must, in accordance with article 7(4) of the directive - a enter into consultations with that eea state regarding the potential significant effects of the proposed project on the environment in england and the measures envisaged to reduce or eliminate such effects; and b determine in agreement with that eea state a reasonable period, before development consent for the project is granted, during which members of the public in england may submit to the competent authority in that eea state representations pursuant to article 7(3)(b) of the directive. 2 the secretary of state must also - a arrange for the information referred to in paragraph (1) to be made available, within a reasonable time and for a time period of no fewer than 30 days, both to the authorities in england which are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in england; b ensure that those authorities and the public concerned in england are given an opportunity, before development consent for the project is granted, to forward to the competent authority in the relevant eea state, within a reasonable time, their opinion on the information supplied; and c make available to the public concerned any information received from the competent authority of the relevant eea state in order to comply with article 9(2) of the directive. part 11 exemptions projects serving national defence purposes in scotland 60 1 if a development comprises or forms part of a project having national defence as its sole purpose and in the opinion of the secretary of state compliance with the town and country planning (environmental impact assessment) (scotland) regulations 2017 would have an adverse effect on those purposes, the secretary of state may direct that those regulations shall not apply to a project specified in the direction. 2 the secretary of state must notify the scottish ministers prior to making a direction under paragraph (1). 3 the secretary of state must send a copy of a direction made under paragraph (1) to the scottish ministers and the relevant planning authority. projects serving national defence purposes in wales 61 1 if a development comprises or forms part of a project having national defence as its sole purpose and in the opinion of the secretary of state compliance with the town and country planning (environmental impact assessment) (wales) regulations 2017 would have an adverse effect on those purposes, the secretary of state may direct that these regulations shall not apply to a project specified in the direction. 2 the secretary of state must notify the welsh ministers prior to making a direction under paragraph (1). 3 the secretary of state must send a copy of a direction made under paragraph (1) to the welsh ministers and the relevant planning authority. projects serving national defence purposes in northern ireland 62 1 if a development comprises or forms part of a project having national defence as its sole purpose and in the opinion of the secretary of state compliance with the planning (environmental impact assessment) regulations (northern ireland) 2015 would have an adverse effect on those purposes, the secretary of state may direct that those regulations shall not apply to a project specified in the direction. 2 the secretary of state must notify the department of infrastructure prior to making a direction under paragraph (1). 3 the secretary of state must send a copy of a direction made under paragraph (1) to the department for infrastructure. 4 where the department for infrastructure receives a copy of a direction as described in paragraph (2), but it is not, or would not be, the body responsible for determining an application for planning permission for the development in question, it must send a copy of the direction to the relevant district council. exemptions 63 1 the secretary of state may direct that a proposed development is exempt from the requirements of these regulations where - a the circumstances are exceptional and the secretary of state considers that - i compliance with these regulations in respect of the development would have an adverse effect on the fulfilment of the development's purpose; and ii (despite an eia not being carried out) the objectives of the directive will be met; or b the development comprises or forms part of a development having national defence as its sole purpose, or comprises a development having the response to civil emergencies as its sole purpose, and in the opinion of the secretary of state compliance with these regulations would have an adverse effect on those purposes. 2 where a direction is given under paragraph (1) the secretary of state must send a copy of that direction to the relevant planning authority. 3 the secretary of state must not make a direction under paragraph (1)(a) that a project is exempt unless - a the secretary of state has considered whether another form of assessment is appropriate; and b where the secretary of state considers that the development is likely to have significant effects on the environment in another eea state, or where another eea state likely to be significantly affected so requests, the secretary of state has carried out a form of consultation with that eea state broadly equivalent to the form described in regulation 58 or 59, as appropriate, or is satisfied that such an equivalent consultation has been carried out, before planning permission or subsequent consent is granted in respect of the development. 4 after the secretary of state directs that a development is exempt under paragraph (1)(a), the secretary of state must as soon as practicable make available to the public - a the determination, including an explanation of the reasons for it; and b the information obtained under any other assessment considered appropriate by the secretary of state under paragraph (3)(a). 5 before planning permission or subsequent consent is given in respect of a development which is exempt under paragraph (1)(a), the relevant planning authority or secretary of state, as appropriate, must take into account the results of - a any other assessment considered appropriate by the secretary of state under paragraph (3)(a); and b any consultation with another eea state carried out under paragraph (3)(b) about the development. 6 before planning permission or subsequent consent is given in respect of a development to which a determination under paragraph (1)(a) applies, the secretary of state must inform the european commission of the matters referred to in paragraph (4). 7 the effect of a direction under paragraph (1) is that these regulations do not apply to it save to the extent set out in this regulation. part 12 miscellaneous objectivity and bias 64 1 where an authority or the secretary of state has a duty under these regulations, they must perform that duty in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest. 2 where an authority, or the secretary of state, is bringing forward a proposal for development and that authority or the secretary of state, as appropriate, will also be responsible for determining its own proposal, the relevant authority or the secretary of state must make appropriate administrative arrangements to ensure that there is a functional separation, when performing any duty under these regulations, between the persons bringing forward a proposal for development and the persons responsible for determining that proposal. service of notices etc 65 any notice or other document to be sent, served or given under these regulations may be served or given in a manner specified in section 329 (service of notices) of the act. application to the high court 66 for the purposes of part 12 of the act (validity), the reference in section 288 of the act (proceedings for questioning the validity of other orders, decisions and directions) to action of the secretary of state which is not within the powers of the act shall be taken to extend to a grant of planning permission or subsequent consent by the secretary of state in contravention of regulation 3 or 36. hazardous waste and material change of use 67 a change in the use of land or buildings to a use for a purpose mentioned in paragraph 9 of schedule 1 involves a material change in the use of that land or those buildings for the purposes of section 55(1) of the act (meaning of "development" and "new development") . extension of the period for an authority's decision on a planning application 68 1 in determining for the purposes of section 78 of the act (right to appeal against planning decisions and failure to take such decisions) the time which has elapsed without the relevant planning authority giving notice to the applicant of their decision in a case where - a the authority has notified an applicant in accordance with regulation 11(1) that the submission of an environmental statement is required; and b the secretary of state has given a screening direction in relation to the development in question, no account shall be taken of any period before the issuing of the direction. 2 subject to paragraph (3), where it falls to an authority to determine an eia application, articles 27 (applications made under planning condition) and 34 (time periods for decision) of the order shall have effect as if for each of the references in article 27(2) and 34(2)(a) and (b) to a period of 8 and 13 weeks respectively there were substituted a reference to a period of 16 weeks. 3 where it falls to an authority to determine an application for technical details consent for eia development, article 34 (time periods for decisions) of the order shall have effect as if for each reference in article 34(2) to a period of 5 or 10 weeks respectively there were substituted a reference to a period of 16 weeks. extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with 69 the provisions enabling the secretary of state to give directions which may be included in a development order by virtue of section 60 (permission granted by development order) of the act shall include provisions enabling the secretary of state to direct that development which is both of a description mentioned in column 1 of the table in schedule 2, and of a class described in the direction, is eia development for the purposes of these regulations. application to the crown 70 1 these regulations shall apply to the crown with the following modifications. 2 in regulation 13 (application referred to the secretary of state without an environmental statement) - a in paragraph (1) - i before "referred" insert "made or"; and ii before "referral" insert "making or the"; and b in paragraph (3), for "application referred" substitute "application made or referred". review 71 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in these regulations; and b publish a report setting out the conclusions of the review. 2 the first report must be published before 16th may 2022. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(3) of the small business, enterprise and employment act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the directive are implemented in other member states. 5 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); b assess the extent to which those objectives are achieved; c assess whether those objectives remain appropriate; and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves a less onerous regulatory provision. 6 in this regulation "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). amendment of the town and country planning (development management procedure) (england) order 2015 72 1 the order is amended in accordance with paragraphs (2) to (9). 2 in article 2 - a for the definition of "the 2011 regulations " substitute - the 2017 regulations" means the town and country planning (environmental impact assessment) regulations 2017; ; and b in the definition of "eia application", for "2011" substitute "2017". 3 in article 15 - a after paragraph (1) insert - 1a in the case of any eia application accompanied by an environmental statement, the application must be publicised in accordance with the requirements of paragraph (7) and by giving requisite notice - a by site display in at least one place on or near the land to which the application relates for not less than 30 days; and b by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated. ; b omit paragraph (2)(a); c in paragraph (4), for "not a paragraph (2) application" substitute "neither an application to which paragraph (1a) applies nor a paragraph (2) application"; d in paragraph (5), for "neither paragraph (2) nor paragraph (4)" substitute ", paragraph (1a), (2) or (4)"; e in paragraph (6), after "or (5)(a)" insert ", or before the period of 30 days referred to in paragraph (3a)(a),"; and f in paragraph (7) - i after sub-paragraph (b), insert - ba in the case of eia application accompanied by an environmental statement, that statement; and ii in sub-paragraph (c), after "14 days" insert ", or in the case of an eia application accompanied by an environmental statement 30 days,". 4 in article 31(2), for "2011" substitute "2017". 5 in article 33(1) - a in sub-paragraph (a), after "21 days" insert ", or in the case of an eia application accompanied by an environmental statement 30 days,"; and b in sub-paragraph (c), after "14 days" insert ", or in the case of an eia application accompanied by an environmental statement 30 days,". 6 in article 34(9) - a in sub-paragraph (a), after "21 days" insert ", or in the case of an eia application accompanied by an environmental statement 30 days,"; and b in sub-paragraph (c), after "14 days" insert ", or in the case of an eia application accompanied by an environmental statement 30 days,". 7 omit article 35(4). 8 in article 38(12) for "2011" substitute "2017". 9 in the second notice set out in schedule 3, in the bottom box beginning with the word "insert", in paragraph (f) - a for "21" substitute "30"; and b omit "a period of 14 days, beginning with the date". amendment of the town and country planning (general permitted development) (england) order 2015 73 1 article 3 of the town and country planning (general permitted development) (england) order 2015 is amended in accordance with paragraph (2) to (4). 2 in paragraph (10) - a for "the town and country planning (environmental impact assessment) regulations 2011" substitute "the town and country planning (environmental impact assessment) regulations 2017"; and b in sub-paragraphs (a) and (b) after each reference to "eia development" insert "within the meaning of those regulations". 3 in paragraph (11) after "eia development" in each place where it occurs in sub-paragraphs (a) and (b) insert "within the meaning of those regulations". 4 in paragraphs (10) and (11) - a for "regulation 5" substitute "regulation 6"; b for "regulation 4(7) or 6(4)" substitute "regulation 5(3)"; and c for "regulation 4(4)" substitute "regulation 63(1)(a)". amendment of the town and country planning (section 62a applications) (procedure and consequential amendments) order 2013 74 1 the town and country planning (section 62a applications) (procedure and consequential amendments) order 2013 is amended in accordance with paragraphs (2) to (7). 2 in article 2, for the definition of "eia development" substitute - ""eia application", "eia development", "environmental information" and "environmental statement" have the meanings given in regulation 2(1) of the town and country planning (environmental impact assessment) regulations 2017;". 3 in article 13(4)(c), after "14 days" insert ", or in the case of an eia application accompanied by an environmental statement 30 days,". 4 in article 14 - a in paragraph (2)(a) after "21 days" insert ", or in the case of an eia application accompanied by an environmental statement 30 days"; b in paragraph (3)(a)(i) after "21 days" insert ", or in the case of an eia application accompanied by an environmental statement 30 days"; and c in paragraph (4), for "21 day period" substitute "21 or 30 day period, as appropriate, and as". 5 in article 23 - a in paragraph (4), for "the secretary of state" substitute "subject to paragraph (4a), the secretary of state"; and b after paragraph (4), insert - 4a in the case of an eia application accompanied by an environmental statement, the secretary of state must not determine a relevant application, where any notice of, or information about, the application has been - a published on a website under article 13(1), within the period of 30 days beginning with the date on which the information was published; b published in a newspaper under article 13(2), within the period of 30 days beginning with the date on which the notice was published; or c given by site display under article 14, within the period of 30 days beginning with the date when the notice was first displayed by site display. . 6 omit article 24(2). 7 in the notice set out in schedule 2, in the bottom box beginning with the word "insert", in paragraph (e) after "21 days," insert "or in the case of an eia application accompanied by an environmental statement 30 days,". amendment of the neighbourhood planning (general) regulations 2012 75 1 the neighbourhood planning (general) regulations 2012 are amended in accordance with paragraphs (2) to (4). 2 in regulation 3, in the definition of "eia regulations", for "2011" substitute "2017". 3 for regulation 23(2) substitute - 2 as soon as possible after receiving an order proposal to which regulation 33 of the eia regulations applies, the local planning authority must, in addition to any publicity required under paragraph (1), publicise the information described in paragraph (1)(a) and the environmental statement submitted in accordance with the eia regulations by giving notice - a by site display in at least one place on or near the land to which the order proposal relates for not less than 30 days; b by publication of the notice in a newspaper circulating in the locality in which the land to which the order proposal relates is situated; and c by publication on a website maintained by or on behalf of the authority. . 4 in regulation 24(c), for "regulation 29a" substitute "regulation 33". revocation and transitional provisions 76 1 subject to paragraphs (2) to (4), the 2011 regulations are revoked. 2 notwithstanding the revocation in paragraph (1), the 2011 regulations continue to apply where before the commencement of these regulations - a an applicant, appellant or qualifying body, as the case may be, has submitted an environmental statement or requested a scoping opinion; or b in respect of local development orders, the local planning authority has in connection with that order prepared an environmental statement or a scoping opinion or requested a scoping direction. 3 notwithstanding the revocation in paragraph (1), parts 1 and 2 of the 2011 regulations continue to apply to - a requests for a screening opinion or direction; b screening opinions adopted by the relevant planning authority; and c screening directions made by the secretary of state; where, before the coming into force of these regulations, such requests were made or the relevant planning authority or the secretary of state, as the case may be, initiated the making or adoption of such screening opinions or screening directions. 4 in this regulation - "the 2011 regulations" means the town and country planning (environmental impact assessment) regulations 2011 ; and "environmental statement", "scoping direction", "scoping opinion", "screening direction and "screening opinion" have the meanings given by regulation 2 of the 2011 regulations. signed by authority of the secretary of state for communities and local government gavin barwell minister of state department for communities and local government 18th april 2017

citation and commencement 1 this order may be cited as the qualifications wales act 2015 (consequential provision) order 2017 and comes into force on 1st april 2017. the motor vehicles (driving licences) regulations 1999 2 1 the definition of "educational qualification" in regulation 22 of the motor vehicles (driving licences) regulations 1999 is amended as follows. 2 omit paragraphs (c) and (d). 3 the paragraph (f) that extends to england and wales also extends to scotland (consequently omit the paragraph (f) that immediately before the coming into force of this order extended to scotland). the national minimum wage regulations 2015 3 1 paragraph (b) of the definition of "further education course" in regulation 3 of the national minimum wage regulations 2015 is amended as follows. 2 the sub-paragraphs (ii) and (iii) that extend to england and wales also extend to scotland and northern ireland (consequently omit the sub-paragraphs (ii) and (iii) that immediately before the coming into force of this order extended to scotland and northern ireland). 3 omit the sub-paragraph (iv) that immediately before the coming into force of this order extended to scotland and northern ireland. alun cairns secretary of state wales office gwydyr house, london 8th february 2017

citation, commencement, extent and interpretation 1 1 these regulations may be cited as the marine works (environmental impact assessment) (amendment) regulations 2017 and come into force on 16th may 2017. 2 these regulations do not extend to the scottish inshore region, except in respect of activities and operations for which a licence is required under part 2 of the food and environment protection act 1985 . 3 in paragraph (2), "the scottish inshore region" has the meaning given by section 322 of the marine and coastal access act 2009 . 4 in these regulations, "the 2007 regulations" means the marine works (environmental impact assessment) regulations 2007 . amendment of the marine works (environmental impact assessment) regulations 2007 2 the 2007 regulations are amended in accordance with regulations 3 to 32. new regulation 1a 3 after regulation 1, insert - extent 1a these regulations do not extend to the scottish inshore region, except in respect of activities and operations for which a licence is required under part 2 of the 1985 act. . amendment of regulation 2 4 1 regulation 2 (interpretation) is amended as follows. 2 in paragraph (1) - a omit the definitions of "annex i project" and "annex ii project"; b in the definition of "appropriate authority" - i in paragraph (b)(i), for "the environment" substitute "agriculture, environment and rural affairs in northern ireland"; ii for paragraph (b)(ii) substitute - ii as regards any regulated activity in the scottish offshore region, the scottish ministers; ; c for the definition of "consenting authority" , substitute - "consenting authority", in relation to a project, means any authority whose consent to any activity to be undertaken in the course of the project is required under any enactment; ; d in the definition of "the consultation bodies", in paragraph (e), after "responsibilities" insert "or local or regional competences"; e in the definition of " eia consent", for "the effects of the regulated activity" substitute "the significant effects of the project"; f in the definition of "the eia directive" , for "adopted" substitute "amended by directive 2014/52/eu of the european parliament and of the council "; g after the definition of "england", insert the following definitions - "environmental impact assessment" means a process consisting of - the preparation of an environmental statement in accordance with regulation 12 and schedule 3; the carrying out of consultations in accordance with regulation 17 and, where relevant, regulations 20 and 20a; the consideration of the environmental statement and other information in accordance with regulation 21a(1); the conclusion in respect of the likely significant effects of the project in accordance with regulation 21a(2); and the consideration of that conclusion in reaching the eia consent decision, in accordance with regulation 22(1)(b); ; " eu environmental assessment" means an assessment carried out - under an obligation to which section 2(1) of the european communities act 1972 applies (other than the eia directive), or under the law of any part of the united kingdom implementing an eu obligation other than an obligation arising under the eia directive, of the effect of anything on the environment;; ; h after the definition of "fishery harbour", insert - "the habitats directive" means council directive 92/43/eec on the conservation of natural habitats and of wild fauna and flora ; ; i in the definition of "local planning authority", in paragraph (b), for "the department of the environment" substitute "the department for infrastructure or, as the case may be, any district council in whose district, or adjacent to whose district, the regulated activity is proposed to be carried out"; j in the definition of "regulatory approval" , omit paragraph (c); k in the definition of "relevant authority" - i in paragraph (a) - aa for "department" substitute "department"; bb for "departments" substitute "departments"; ii in paragraph (b), for "scotland" substitute "the scottish inshore region"; l after the definition of "the relevant public register", insert the following definitions - "schedule a1 project" means a project of a type specified in schedule a1 to these regulations; "schedule a2 project" means a project of a type specified in schedule a2 to these regulations; ; m after the definition of "sea", insert - " uk environmental assessment" means an assessment carried out in accordance with an obligation under the law of any part of the united kingdom of the effect of anything on the environment; ; n after the definition of "wales", insert - "the wild birds directive" means directive 2009/147/ec of the european parliament and of the council on the conservation of wild birds . . 3 after paragraph (1a), insert - 1b in these regulations, "enactment" includes an enactment contained in, or in an instrument made under, northern ireland legislation. 1c in these regulations, any reference to the likely significant effects, or the likely significant adverse effects, of projects or regulated activities on the environment includes a reference to the effects of those projects or activities on the environment once they are completed and in operation. 1d in paragraph (1c), the reference to the environment includes a reference to the matters referred to in regulation 21a(2)(a) to (e). . amendment of regulation 3 5 1 regulation 3 (fees) is amended as follows. 2 in paragraph (3), after sub-paragraph (a), insert - aa regulation 10(4j); . 3 in paragraph (4), for sub-paragraph (c) substitute - c where the appropriate authority is the department of agriculture, environment and rural affairs in northern ireland, by that department with the consent of the department of finance in northern ireland; . amendment of regulation 7 6 regulation 7 (determination: annex i projects) is amended as follows - a in the heading, for "annex i" substitute "schedule a1"; b for "9 and 10" substitute "9 to 10"; c for "an annex i" substitute "a schedule a1". amendment of regulation 8 7 regulation 8 (determination: annex ii projects) is amended as follows - a in the heading, for "annex ii" substitute "schedule a2"; b in paragraph (1), for "9 and 10" substitute "9 to 10"; c in paragraphs (1) and (2), for "an annex ii" substitute "a schedule a2". amendment of regulation 9 8 1 regulation 9 (projects serving national defence purposes) is amended as follows. 2 for paragraph (1) substitute - 1 the secretary of state may direct that an environmental impact assessment is not required in relation to a regulated activity or a part of a regulated activity where - a the project in relation to which the regulated activity is being carried out has national defence as its sole purpose; and b the secretary of state considers that an environmental impact assessment in relation to the regulated activity or the part of the regulated activity would have an adverse effect on the fulfilment of that purpose. . 3 after paragraph (1), insert - 1a a direction under paragraph (1) that an environmental impact assessment is not required in relation to a regulated activity, or a part of a regulated activity, has the effect that the regulated activity, or the part of the regulated activity, is to be disregarded in any environmental impact assessment in relation to the regulated activity. . 4 in paragraphs (2) and (3), for "shall" substitute "must". new regulation 9a 9 after regulation 9, insert - projects in response to a civil emergency 9a 1 the appropriate authority may direct that an environmental impact assessment is not required in relation to a regulated activity where - a the project in relation to which the regulated activity is being carried out has the response to a civil emergency as its sole purpose; and b the appropriate authority considers that an environmental impact assessment in relation to the regulated activity would have an adverse effect on the fulfilment of that purpose. 2 before making any such direction, the appropriate authority must notify - a where the appropriate authority is not also the regulator, the regulator; b where the appropriate authority is the marine management organisation or the natural resources body for wales, the secretary of state, or the appropriate devolved authority; and c any relevant authority. . amendment of regulation 10 10 1 regulation 10 (exceptions) is amended as follows. 2 in paragraph (1) - a for "an annex i" substitute "a schedule a1"; b for "an annex ii" substitute "a schedule a2"; c in sub-paragraph (b)(i), after "assessment of any" insert "significant". 3 in paragraph (2), for "shall" substitute "must". 4 after paragraph (2), insert - 2a where the appropriate authority determines in accordance with paragraph (1)(a) that an environmental impact assessment is not required in relation to a regulated activity, it must - a consider whether another form of assessment of the likely significant effects of the project on the environment is appropriate; and b make available to the public concerned - i the determination, including an explanation of the reasons for it; and ii the information obtained under any other assessment referred to in sub-paragraph (a). . 5 in paragraph (3)(b)(ii) , for ", the 2009 act or the 2010 act" substitute "or the 2009 act". 6 after paragraph (3), insert - 3a paragraphs (4) to (4j) apply where the appropriate authority determines in accordance with paragraph (1)(b) that an environmental impact assessment is not required in relation to a regulated activity by reason of an assessment carried out by another consenting authority. . 7 for paragraph (4) substitute - 4 the regulator - a must not grant regulatory approval unless it has determined that to do so would be compatible with the other consenting authority's measures to comply with the eia directive; and b for the purpose of so determining must consider whether it is appropriate to seek the views of the other consenting authority. . 8 after paragraph (4) insert - 4a any decision to grant a regulatory approval must take into account the following information relating to the other consenting authority's assessment referred to in paragraph (1)(b) - a the conclusion of the assessment; b any relevant conditions attached to any consent granted in respect of the project by the other consenting authority and which relate to the likely significant environmental effects of the project on the environment; c a description of any features of the project and any measures envisaged in order to avoid, prevent, reduce and, if possible, offset likely significant adverse effects of the project on the environment; d any monitoring measures considered appropriate by the other consenting authority in relation to the project; and e any comments of the other consenting authority relating to the regulated activity. 4b the regulator must be satisfied that the information incorporated in the other consenting authority's assessment and consent (if any) is up to date at the time that the regulatory decision is taken, but that information and the other consenting authority's assessment and consent (if any) must be taken to be up to date if, in the opinion of the regulator, they address the significant effects that the proposed project is likely to have on the environment. 4c the regulatory decision must be taken within a period of time which - a is reasonable, taking into account the nature and complexity of the regulated activity; and b begins with the date on which the other consenting authority's decision is published. 4d where the regulator decides to refuse regulatory approval, the regulator must state the main reasons for the refusal. 4e where the regulator decides to grant regulatory approval, the regulator must incorporate in the regulatory decision - a a summary of the other consenting authority's conclusion referred to in paragraph (4a)(a); b any environmental conditions, mitigating or monitoring measures attached to the regulatory decision; and c a statement including - i the main reasons and considerations on which the regulatory decision is based including, if relevant, information about the participation of the public; and ii a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results have been incorporated or otherwise addressed. 4f the regulator must, as soon as reasonably possible, send a copy of its regulatory decision to - a the applicant; b if the regulator is not also the appropriate authority, the appropriate authority; c every consultation body to whom the other consenting authority sent written notice of its decision; d the authorities of any eea state to whom the other consenting authority sent written notice of its decision; and e any other person or body consulted by the regulator under section 8(11b) of the 1985 act or section 69(4) of the 2009 act. 4g the regulator must, as soon as possible after its decision is sent to the applicant pursuant to paragraph (4f), ensure that - a notice of that decision is published on the regulator's website and in such other manner as it considers appropriate; and b it promptly makes a written copy of the regulatory decision available for public inspection. 4h in paragraph (4g), "public inspection" means - a in the case of an activity requiring regulatory approval under the 1985 act or the 2009 act, inspection on the relevant public register; and b in the case of other regulated activities, inspection at the address nominated by the appropriate authority under regulation 16(2)(e). 4i the notice in paragraph (4g)(a) must state - a that the regulator has made available for public inspection the written copy of the regulatory decision; and b the times at which the relevant public register or the information at the address referred to in paragraph (4h)(b) may be inspected. 4j a decision to grant regulatory approval which includes a monitoring measure may include a condition as to the payment of a reasonable fee, determined in accordance with regulation 3(4) and (5), in respect of expenses incurred in assessing and interpreting the results of any monitoring measure. . amendment of regulation 10a 11 in regulation 10a(2) and (5) (further provisions in relation to article 2(4) of the eia directive) - a for "an annex i" substitute "a schedule a1"; b for "an annex ii" substitute "a schedule a2". amendment of regulation 12 12 1 regulation 12 (application for a regulatory approval in relation to a regulated activity) is amended as follows. 2 in paragraph (2) - a at the end of sub-paragraph (a), omit "and"; b for sub-paragraph (b) substitute - b include at least - i a description of the project and the regulated activity, comprising information on the site, design, size and other relevant features of the project and the regulated activity; ii a description of the likely significant effects of the project and the regulated activity on the environment; iii a description of the features of the project and the regulated activity or the measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; iv a description of the reasonable alternatives studied by the applicant which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment; v a non-technical summary of the information referred to in paragraphs (i) to (iv); and vi any additional information specified in schedule 3 relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected; ; c after sub-paragraph (b), insert - c where a scoping opinion has been given in accordance with regulation 13 and schedule 4, be based on the most recent scoping opinion given (so far as the project remains materially the same as the project which was subject to that opinion); d include the information reasonably required for reaching a conclusion about the significant effects of the project on the environment, taking into account current knowledge and methods of assessment; e (with a view to avoiding duplication of assessments), be prepared taking into account the results of any relevant uk environmental assessment which are reasonably available to the applicant; f be prepared by competent persons; and g be accompanied by a statement from the applicant outlining the relevant experience or qualifications of such persons. . 3 after paragraph (3), insert - 3a the appropriate authority must ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental statement. . amendment of regulation 14 13 1 regulation 14 (provision of further information) is amended as follows. 2 for paragraph (1) substitute - 1 where the appropriate authority reasonably considers that - a it requires relevant further information, and b the applicant is (or should be) able to provide such information, the appropriate authority must notify the applicant in writing of the matters on which it requires further information. . 3 after paragraph (1), insert - 1a in paragraph (1), "relevant further information" means - a further information properly to consider the likely significant environmental effects of the project which gives rise to the regulated activity covered by the application; or b where - i the applicant has submitted an environmental statement, or ii a scoping opinion has been given in accordance with regulation 13 and schedule 4, further information which is directly relevant to reaching a conclusion about the significant effects of the project described in the environmental statement. . new regulation 15a 14 after regulation 15, insert - co-ordination 15a where, in respect of a regulated activity, there is a requirement to carry out - a an environmental impact assessment; and b an assessment under the habitats directive or the wild birds directive, the appropriate authority must, where appropriate, ensure that the assessments are co-ordinated. . amendment of regulation 16 15 1 regulation 16 (publicity) is amended as follows. 2 for paragraph (1) substitute - 1 the appropriate authority must, as soon as reasonably possible, publicise the application and the environmental statement in respect of the project to which it relates or, as the case may be, any further information provided by the applicant pursuant to a notification under regulation 14, by - a publishing a notice containing the information set out in paragraph (2) on the appropriate authority's website; and b publishing, or directing the applicant to publish, the notice - i in two successive weeks, in such newspapers or other publications as the authority thinks fit; or ii in such other manner (if any) as the authority considers appropriate. . 3 in paragraph (2) - a for sub-paragraph (d) substitute - d the fact that the project is subject to an environmental impact assessment and, where relevant, that regulation 18 applies; ; b after sub-paragraph (d), insert - da details of the appropriate authority responsible for making the eia consent decision and, where the appropriate authority is not the regulator, details of the regulator; db the nature of possible decisions, including any decision to grant regulatory approval; ; c for sub-paragraph (e) substitute - e the address of an office of the appropriate authority, or other place nominated by the appropriate authority, at which the documents listed in paragraph (2a) may be inspected free of charge at all reasonable hours within 42 days beginning with the date of first publication of the notice under paragraph (1)(b)(i); ; d for sub-paragraph (f) substitute - f the contact details of the appropriate authority for obtaining copies of the documents listed in paragraph (2a) and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying), of the charge; ; e in sub-paragraph (g), for the words from "with the date of" to the end substitute "with the date of first publication of the notice under paragraph (1)(b)(i); and"; f after sub-paragraph (g), insert - h details of the arrangements for public participation in accordance with schedule 5. . 4 after paragraph (2), insert - 2a the appropriate authority must take steps to secure that the following documents relating to the application are made available for public inspection at all reasonable hours at the address referred to in paragraph (2)(e) - a any screening opinion given in accordance with regulation 11 and schedule 2; b any scoping opinion given in accordance with regulation 13 and schedule 4 (including any written statement of reasons); c the environmental statement and any further information provided by the applicant pursuant to a notification under regulation 14; and d in accordance with national legislation, the main reports or advice issued to the appropriate authority at the time when the public concerned is first notified under paragraph (1). 2b the appropriate authority must ensure that the documents listed in paragraph (2a) are electronically accessible to the public, through at least an appropriate central portal or easily accessible points of access. 2c the applicant must ensure that a reasonable number of copies of the environmental statement and any further information provided by the applicant pursuant to a notification under regulation 14 are available at the address notified under paragraph (2)(e). . amendment of regulation 17 16 in regulation 17(1) (consultation on proposed regulated activity), after "the appropriate authority must", insert "as soon as reasonably possible". substitution of regulation 18 17 for regulation 18 (provision of information to affected eea states) substitute - provision of information to affected eea states 18 1 the appropriate authority must as soon as possible comply with paragraph (2) where - a it comes to the attention of the appropriate authority that a proposed project is the subject of an environmental impact assessment and is likely to have significant effects on the environment in another eea state; or b another eea state likely to be significantly affected by the project so requests. 2 the appropriate authority must - a send to the eea state the particulars mentioned in paragraph (3) and such of the information referred to in paragraph (5) as is relevant; b publish, or direct the applicant to publish, those particulars in a notice placed in the relevant gazette indicating the address where additional information is available; and c give the eea state a reasonable time in which to indicate whether it wishes to participate in the procedure for which these regulations provide. 3 the particulars referred to in paragraph (2)(a) are - a a description of the project together with any available information on its possible significant effect on the environment in the other eea state; and b information on the nature of the decision which may be taken. 4 the appropriate authority must send these particulars, and such of the information referred to in paragraph (5) as is relevant, to the authorities of the eea state - a as soon as possible; and b in any event, no later than the date on which the particulars are published in the relevant gazette. 5 the information referred to in paragraph (2)(a) is - a a copy of the application for regulatory approval; b a copy of the environmental statement in respect of the project to which that application relates; c a copy of any further information provided by the applicant pursuant to a notification under regulation 14(1); and d any relevant information regarding the procedure under these regulations including an explanation of the decisions that the regulator can make in relation to the application. 6 where a eea state indicates, in accordance with paragraph (2)(c), that it wishes to participate in the procedure for which these regulations provide, the appropriate authority must, as soon as possible, send to that eea state the following information - a any information provided by the applicant; b the results of any relevant eu environmental assessment which are reasonably available to the appropriate authority; and c such of the selection criteria set out in schedule 1 as are relevant to the project. 7 paragraphs (2) and (6) do not require the disclosure of any excluded information. 8 neither the regulator nor the appropriate authority need deal further with, or exercise any functions under these regulations in relation to, the application, and the regulator must not reach its regulatory decision, until the period for consultation under regulation 20 has expired. 9 in this regulation, "the relevant gazette" means - a in relation to projects in the english inshore region or the english offshore region, the london gazette; b in relation to projects in the welsh inshore region or the welsh offshore region, the london gazette; c in relation to projects in the northern ireland inshore region or the northern ireland offshore region, the belfast gazette; d in relation to projects in the scottish inshore region or the scottish offshore region, the edinburgh gazette. 10 in paragraph (9), the expressions - a english inshore region, b english offshore region, c northern ireland inshore region, d northern ireland offshore region, e welsh inshore region, and f welsh offshore region, have the meanings given by section 322 of the 2009 act. . omission of regulation 19 18 omit regulation 19 (provision of information to other eea states). amendment of regulation 20 19 in regulation 20 (consultation of eea states) - a in paragraph (a), omit "or regulation 19"; b for paragraph (b) substitute - b allow such reasonable period as may have been agreed with those authorities for them to - i ensure that the authorities and the public concerned in that eea state are given an opportunity to forward their opinion on the information supplied; and ii make representations as to - aa the possible significant effects of the regulated activity on the environment in that eea state; and bb the measures envisaged to reduce or eliminate such effects. . new regulation 20a 20 after regulation 20, insert - projects in another eea state likely to have significant transboundary effects 20a 1 where an appropriate authority receives from an eea state, pursuant to article 7(1) or 7(2) of the eia directive, information which that eea state has gathered in respect of a proposed project in that eea state which is likely to have significant effects on the environment in the relevant uk area, the appropriate authority must, in accordance with article 7(4) of the eia directive - a enter into consultations with that eea state regarding the potential transboundary effects of the proposed project on the environment and the measures envisaged to reduce or eliminate such effects; and b determine in agreement with that eea state a reasonable period, before eia consent for the project is granted, during which members of the public may submit to the competent authority in that eea state representations pursuant to article 7(3)(b) of the eia directive. 2 the appropriate authority must also - a arrange for the information referred to in paragraph (1) to be made available within a reasonable time, and for a period of no fewer than 30 days, to the authorities which are likely to be concerned by the project by reason of their specific environmental responsibilities and to the public concerned; b ensure that those authorities and the public concerned are given an opportunity, before eia consent for the project is granted, to forward to the competent authority in the relevant eea state, within a reasonable time, their opinion on the information supplied; and c make available to the public concerned any information received from the competent authority of the relevant eea state, in order to comply with article 9(2) of the eia directive. 3 in paragraph (1), the "relevant uk area" means the united kingdom and the uk marine area but does not include the scottish inshore region, except in respect of activities and operations in that region for which a licence is required under part 2 of the 1985 act. . new regulation 21a 21 after regulation 21, insert - conclusion about environmental impact 21a 1 the appropriate authority must consider (ensuring that in doing so it has or has access to any expertise it considers necessary) - a the environmental statement; b any further information provided by the applicant pursuant to a notification under regulation 14(1); c the outcome of the process set out in schedule 5 in relation to any representations received pursuant to the statement referred to in regulation 16(2)(g); d any representations in response to consultation made by the consultation bodies pursuant to the letter referred to in regulation 17(1)(a)(iv); e the outcome of any consultation of the authorities of other eea states carried out in accordance with regulation 20; and f any features of the project in relation to the regulated activity being carried out, or measures which the applicant proposes to take, which would have the effect of avoiding, preventing, reducing or offsetting any likely significant adverse environmental effects of the regulated activity. 2 following the consideration required by paragraph (1), the appropriate authority must reach a conclusion about the likely significant effects of the project (including the expected effects deriving from the vulnerability of the project to risks of major accidents or disasters) on - a population and human health; b biodiversity, with particular attention to species and habitats protected under the habitats directive and the wild birds directive; c land, soil, water, air and climate; d material assets, cultural heritage and the landscape; and e the interaction between the factors referred to in sub-paragraphs (a) to (d). . substitution of regulation 22 22 for regulation 22 (the eia consent decision) substitute - the eia consent decision 22 1 in reaching its eia consent decision, the appropriate authority must have regard to the relevant legislation and must consider - a the application; b its conclusion under regulation 21a(2) (including whether the conclusion is up to date); c whether monitoring of the significant adverse environmental effects of the regulated activity is appropriate and, if so - i whether (in order to avoid duplication) existing monitoring arrangements in accordance with an obligation under the law of any part of the united kingdom can be relied on; and ii whether conditions need to be attached to the regulatory approval; d if monitoring is considered to be appropriate, whether conditions need to be attached to the regulatory approval to make provision for potential remedial action; and e whether any other conditions need to be attached to the regulatory approval with respect to the likely significant effects of the project. 2 the appropriate authority must not, following its consideration under regulation paragraph (1)(c), attach conditions to a regulatory approval in respect of a regulated activity unless it is satisfied that the type of parameters to be monitored and the duration of monitoring are proportionate to the nature, location and size of the regulated activity and the significance of its effect on the environment. 3 the appropriate authority must not make a decision under paragraphs (1) and (2) unless it is satisfied that any conclusion under regulation 21a(2) in respect of the regulated activity is up to date (and a conclusion is taken to be up to date if, in the opinion of the appropriate authority, it addresses the likely significant environmental effects of the project). 4 taking into account the nature and complexity of the application and the regulated activity, the appropriate authority must reach its eia consent decision within a reasonable period of time beginning with the date on which it is given all the information it is required to consider under regulation 21a(1). . amendment of regulation 23 23 1 regulation 23 (notification and publication of decisions) is amended as follows. 2 in the heading, after "of", insert "eia consent". 3 in paragraph (1), after "the appropriate authority must", insert "as soon as reasonably possible". 4 for paragraphs (2) and (3) substitute - 2 the written confirmation must include the following - a a statement which includes - i the main reasons and considerations on which the eia consent decision is based including, if relevant, information about the participation of the public; and ii a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results (in particular, in circumstances where regulation 20 applies, the comments received from an eea state pursuant to consultation under that regulation) have been incorporated or otherwise addressed; b if the eia consent decision is to grant eia consent - i the conclusion referred to in regulation 21a(2); and ii any conditions attached to the eia consent decision pursuant to regulation 22(1)(c) to (e), including any mitigating or monitoring measures; and c if the eia consent decision is to refuse eia consent, the main reasons for the refusal. 3 the appropriate authority must, as soon as possible after written confirmation is sent to the applicant pursuant to paragraph (1), ensure that - a notice of its eia consent decision is published - i on the appropriate authority's website; ii in those newspapers or other publications where the application was published under regulation 16(1)(b)(i); and iii in such other manner (if any) as the appropriate authority considers appropriate; and b it promptly makes available for public inspection the information referred to in paragraph (2). . 5 after paragraph (3), insert - 4 in paragraph (3)(b), "public inspection" means: a in the case of an activity requiring regulatory approval under the 1985 act or the 2009 act, inspection on the relevant public register; and b in the case of other regulated activities, inspection at the address nominated under regulation 16(2)(e). 5 the notice in paragraph (3)(a) must state the times at which the relevant public register or information may be inspected at the address nominated under regulation 16(2)(e). . amendment of regulation 24 24 1 regulation 24 (effect of eia consent decision on application and regulatory decision) is amended as follows. 2 for paragraph (1) substitute - 1 where the appropriate authority has given eia consent in respect of a regulated activity, the regulator may proceed to deal with the application and take its regulatory decision in accordance with the relevant legislation. . 3 after paragraph (1), insert - 1a when the regulator proceeds to deal with the application and take its regulatory decision in accordance with paragraph (1), the regulator must have regard to the written confirmation of the eia consent decision and in particular to any conditions, including any mitigating or monitoring measures, attached to that decision pursuant to regulation 22(1)(c) to (e). 1b where the regulator decides to grant regulatory approval, the regulator must incorporate in the regulatory decision - a the conclusion reached by the appropriate authority in accordance with regulation 21a(2); b any conditions, including any mitigating or monitoring measures, attached to the regulatory decision; and c a statement including - i the main reasons and considerations on which the regulatory decision is based including, if relevant, information about the participation of the public; and ii a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results (in particular, in circumstances where regulation 18 applies, the comments received from an eea state pursuant to consultation under that regulation) have been incorporated or otherwise addressed. 1c where the regulator decides to refuse regulatory approval, the regulator must state the main reasons for the refusal. 1d the regulator must be satisfied that the information incorporated in the eia consent decision, under regulation 23(2), is up to date at the time that the regulatory decision is taken, but that information must be taken to be up to date if, in the opinion of the regulator, it addresses the significant effects that are likely to arise as a result of the project proposed. 1e the regulatory decision must be taken within a period of time which - a is reasonable, taking into account the nature and complexity of the regulated activity; and b begins with the date on which the eia consent decision is published. . new regulation 24za 25 after regulation 24, insert - notification and publication of regulatory decisions 24za 1 the regulator must, as soon as reasonably possible, send a copy of its regulatory decision to-- a the applicant; b if the regulator is not also the appropriate authority, the appropriate authority; c any person from whom the appropriate authority received representations pursuant to the statement referred to in regulation 16(2)(g); d any consultation body that responded to the consultation pursuant to the letter referred to in regulation 17(1)(a)(iv); and e the authorities of any eea state who were consulted in accordance with regulation 20. 2 the regulator must, as soon as possible after its decision is sent to the applicant pursuant to paragraph (1), ensure that - a notice of that decision is published - i on the regulator's website; ii in any newspapers or other publications where the application was published under regulation 16(1)(b)(i); and iii in such other manner as it considers appropriate; and b it promptly makes a written copy of the regulatory decision available for public inspection. 3 in paragraph (2)(b), "public inspection" means: a in the case of an activity requiring regulatory approval under the 1985 act or the 2009 act, inspection on the relevant public register; and b in the case of other regulated activities, inspection at the address nominated under regulation 16(2)(e). 4 the notice in paragraph (2)(a) above must state - a that the regulator has made available for public inspection the written copy of the regulatory decision; and b the times at which the relevant public register or the information at the address nominated under regulation 16(2)(e) may be inspected. . amendment of regulation 24a 26 in regulation 24a(2) (fees in relation to the assessment etc. of the results of monitoring measures), for "23(2)(c)(ii)" substitute "23(2)(b)(ii)". new regulation 31 27 after regulation 30, insert - review 31 1 the secretary of state must, from time to time - a carry out a review of the regulatory provision contained in these regulations; and b publish a report setting out the conclusions of the review. 2 the first report must be published before 16th may 2022. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(3) of the small business, enterprise and employment act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the eia directive is implemented in other member states. 5 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); b assess the extent to which those objectives are achieved; c assess whether those objectives remain appropriate; and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 6 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). . new schedules a1 and a2 28 before schedule 1, insert schedules a1 and a2, as set out in schedule 1. substitution of schedule 1 29 for schedule 1 (matters relevant to consideration of whether or not an annex ii project is likely to have significant effects on the environment) substitute the schedule in schedule 2. amendment of schedule 2 30 1 schedule 2 (screening opinions) is amended as follows. 2 for paragraph 1(1)(b) to (d) substitute - b a description of the project, including in particular - i a description of the physical characteristics of the whole project and, where relevant, of demolition works; and ii a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected; c a description of the aspects of the environment likely to be significantly affected by the project; and d a description of any likely significant effects of the project on the environment, to the extent of the information available on such effects resulting from - i the expected residues and emission and the production of waste, where relevant, ii the use of natural resources, in particular soil, land, water and biodiversity; and . 3 after paragraph 1(1)(d), insert - e such further information or representations as the applicant may wish to provide or make, including a description of any features of the project or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment. . 4 after paragraph 1(1), insert - 1a the selection criteria set out in schedule 1 must be taken into account, where relevant, when compiling the information required by paragraph (1)(b) to (d) above. 1b the applicant must take into account any other relevant and reasonably obtainable assessment carried out in accordance with an eu obligation under the law of any part of the united kingdom other than under the eia directive. . 5 after paragraph 3(4), insert - 5 where the appropriate authority must give a screening opinion under these regulations, the authority must take into account in making that decision - a any information provided by the applicant in accordance with paragraph 1(1); b the results of any relevant eu environmental assessment which are reasonably available to the authority; and c such of the selection criteria set out in schedule 1 as are relevant to the project. . 6 after paragraph 4, insert - giving a screening opinion 4a where the appropriate authority gives a screening opinion, the screening opinion must - a state the main reasons for the conclusion with reference to the relevant criteria listed in schedule 1; and b if it is determined that the regulated activity does not require an environmental impact assessment, state any features of the project or measures envisaged to avoid, or prevent what might otherwise have been, significant adverse effects on the environment. . 7 for paragraph 5 substitute - notification of a screening opinion 5 1 where the applicant requests a screening opinion under regulation 11(1) in accordance with paragraph 1(1), the appropriate authority must provide its screening opinion to - a the applicant; b if the appropriate authority is not also the regulator, the regulator; and c such of the consultation bodies as it consulted in accordance with paragraph 4. 2 the appropriate authority must provide the opinion as soon as possible within a period of 90 days beginning with the day on which the request is made. 3 in exceptional cases, where the nature, complexity, location or size of the project demands a longer period for determination, the appropriate authority may extend the period specified in sub-paragraph (2), informing the applicant in writing of the reasons justifying the extension and of the date on which its screening opinion is expected. . 8 in paragraph 6(1)(b) , for ", the 2009 act or the 2010 act" substitute "or the 2009 act". substitution of schedule 3 31 for schedule 3 (information to be included in an environmental statement) substitute the schedule in schedule 3. amendment of schedule 4 32 1 schedule 4 (request for a scoping opinion) is amended as follows. 2 for paragraph 1(b) substitute - b a brief description of the specific characteristics of the regulated activity and the project, including their nature, purpose, location and technical capacity; . 3 after paragraph 1(b), insert - ba an explanation of the likely significant effects of the regulated activity and the project on the environment; . 4 in the opening words of paragraph 5, for "consider" substitute "take into account". 5 at the end of paragraph 5(a), insert ", including its location and technical capacity". 6 for paragraph 5(d) substitute - d any information provided by the applicant about the project and the regulated activity. . 7 in paragraph 8(1)(b) , for ", the 2009 act or the 2010 act" substitute "or the 2009 act". revocation 33 the environmental impact assessment (fish farming in marine waters) regulations 1999 are revoked. transitional provisions 34 1 the amendments made by these regulations to the 2007 regulations do not apply in respect of - a a screening opinion under regulation 11 of the 2007 regulations, where the applicant in question has requested such an opinion under that regulation before 16th may 2017; b an eia consent decision, where the applicant in question has applied for such consent pursuant to regulation 12(1) of the 2007 regulations before 16th may 2017; and c an eia consent decision, where the applicant in question has requested a scoping opinion under regulation 13 of the 2007 regulations before 16th may 2017. 2 in this regulation, "eia consent decision" has the meaning given by regulation 2(1) of the 2007 regulations. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 24th april 2017 we concur, andrew griffiths robert syms two of the lords commissioners of her majesty's treasury 24th april 2017

citation and commencement 1 1 this order may be cited as the pensions act 2014 (consequential, supplementary and incidental amendments) order 2017. 2 this order comes into force on the day on which section 30 of the pensions act 2014 (bereavement support payment) comes into force for all purposes (this is subject to articles 2 and 3). later commencement for abolition of bereavement payment and bereavement allowance 2 1 this order does not come into force in accordance with article 1(2) for a person to whom this article applies (this is subject to article 3). 2 this article applies to a person who, on the day before the day on which section 30 of the pensions act 2014 comes into force for all purposes - a was entitled to - i a bereavement payment under section 36 of the social security contributions and benefits act 1992 (bereavement payment) ; or ii a bereavement allowance under section 39b of that act (bereavement allowance where no dependent children) ; or b would have been entitled to such a benefit if they made a claim for it. 3 but this article ceases to apply to a person if - a they were entitled to a benefit in accordance with paragraph (2)(a) and they are no longer entitled to that benefit; or b they would have been entitled to a benefit in accordance with paragraph (2)(b) and they would no longer be entitled to that benefit if they made a claim for it. 4 on the date this article ceases to apply to a person, this order comes into force for that person. commencement for entitlement to bereavement payment and bereavement support payment 3 1 this order does not come into force in accordance with article 1(2) for a person to whom this article applies. 2 this article applies to a person - a whose spouse or civil partner died in the 12 months before the day on which section 30 of the pensions act 2014 came into force for all purposes; b who would have been entitled to a bereavement payment under section 36 of the social security contributions and benefits act 1992 if they had made a claim for it; c who formed a new marriage or civil partnership; and d whose new spouse or civil partner died - i on or after the day on which section 30 of the pensions act 2014 came into force for all purposes; and ii within 12 months of the death referred to in sub-paragraph (a). 3 this order comes into force for a person to whom this article applies - a at the end of the period of 12 months starting on the day on which the death referred to in paragraph (2)(a) occurred, for the purposes of entitlement to bereavement payment for the death referred to in paragraph (2)(a); and b on the day on which section 30 of the pensions act 2014 comes into force for all purposes, for the purposes of entitlement to bereavement support payment for the death referred to in paragraph (2)(d). amendment of the social security (credits) regulations 1975 4 1 the social security (credits) regulations 1975 are amended as follows. 2 in regulation 2(1) (interpretation) - a omit the definitions of "bereavement allowance" and "bereavement benefit"; and b in the definition of "reckonable year", omit "bereavement benefits,". 3 in regulation 3(1)(ab) (general provisions relating to the crediting of contributions and earnings) , omit paragraph (iii) except for the "and" immediately after it. 4 in regulation 4(1) (starting credits for the purposes of various benefits) and in the heading to regulation 4, omit ", a bereavement allowance". 5 in regulation 7a(1) (credits for carer's allowance) , for "bereavement benefit" substitute "widowed parent's allowance". 6 in regulation 7c(1) (credits for working tax credit) , omit ", a bereavement allowance". 7 in regulation 8c (credits on termination of bereavement benefits) , after paragraph (2) insert - 3 in this regulation, "bereavement benefit" means - a a bereavement payment referred to in section 36 of the contributions and benefits act as in force immediately before it was repealed by paragraph 8 of schedule 16 to the pensions act 2014; b a bereavement allowance referred to in section 39b of the contributions and benefits act as in force immediately before it was repealed by paragraph 13 of schedule 16 to the pensions act 2014; and c widowed parent's allowance. . 8 in regulation 8e(3) (credits for the purposes of entitlement to retirement pension following official error) , after "bereavement allowance" insert "referred to in section 39b of the contributions and benefits act as in force immediately before it was repealed by paragraph 13 of schedule 16 to the pensions act 2014". 9 in regulation 8g(2) (credits for persons entitled to universal credit) , omit sub-paragraph (d). 10 in regulation 9f (credits for persons providing care for a child under the age of 12) - a in paragraph (2)(b), omit "or bereavement allowance"; and b omit paragraph (3)(e). amendment of the social security benefit (persons abroad) regulations 1975 5 1 the social security benefit (persons abroad) regulations 1975 are amended as follows. 2 in regulation 1(2) (interpretation) , omit the definitions of "bereavement allowance", "bereavement benefit" and "bereavement payment". 3 in regulation 4(1) (modification of the social security contributions and benefits act 1992) and in the heading to regulation 4, for "bereavement benefit" substitute "widowed parent's allowance". 4 omit regulation 4(2b) . 5 in regulation 5(3)(d) (application of disqualification in respect of up-rating of benefit) , for "bereavement benefit" substitute "widowed parent's allowance". 6 in regulation 5a (rate of guaranteed minimum pension) , omit ", bereavement allowance". amendment of the social security (overlapping benefits) regulations 1979 6 1 the social security (overlapping benefits) regulations 1979 are amended as follows. 2 in regulation 2(1) (interpretation) , omit the definition of "bereavement allowance". 3 in the schedule (personal benefits which are required to be adjusted) in paragraph 3 of column (1), omit ", bereavement allowance". amendment of the social security (widow's benefit and retirement pensions) regulations 1979 7 1 the social security (widow's benefit and retirement pensions) regulations 1979 are amended as follows. 2 in regulation 1(2) (interpretation) in the definition of "bereavement allowance", insert at the end "(as in force immediately before it was repealed by paragraph 13 of schedule 16 to the pensions act 2014)". 3 in regulation 6(1) (rate of benefit where the second contribution condition is not satisfied) , omit sub-paragraph (ab). 4 after regulation 7a (category b retirement pension for surviving spouses and surviving civil partners) , insert - notional entitlement to category b retirement pension for new state pension purposes 7b 1 this regulation applies for the purposes of determining whether, in accordance with paragraph 3(1)(d) of schedule 3 to the pensions act 2014 (survivor's pension inherited amount: dead spouse or civil partner in old state pension scheme) , a person ("the pensioner") would have been entitled to a category b retirement pension. 2 the pensioner shall be treated as being entitled to bereavement support payment if the pensioner would have been so entitled but for one or both of the circumstances specified in paragraph (3). 3 the circumstances referred to in paragraph (2) are - a the pensioner's failure to make, or the pensioner's delay in making, a claim for that bereavement support payment; b the operation of section 32 of the pensions act 2014 (bereavement support payment: prisoners) or any regulations made under that section. . amendment of the social security (general benefit) regulations 1982 8 1 the social security (general benefit) regulations 1982 are amended as follows. 2 in regulation 1(2) (interpretation) , omit the definition of "bereavement benefit". 3 in regulation 2(2) (exceptions from disqualification for imprisonment etc.) , for "bereavement benefit" substitute "widowed parent's allowance". amendment of the income support (general) regulations 1987 9 1 the income support (general) regulations 1987 are amended as follows. 2 in regulation 2(1) (interpretation) in the definition of "the benefits acts" , for "part 1 of the pensions act 2014" substitute "parts 1 and 5 of the pensions act 2014". 3 in schedule 9 (sums to be disregarded in the calculation of income other than earnings) , after paragraph 79 insert - 80 any bereavement support payment under section 30 of the pensions act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 7(1)(f) or 72 of schedule 10. . 4 in schedule 10 (capital to be disregarded) - a in paragraph 7(1), after paragraph (e) insert - f bereavement support payment under section 30 of the pensions act 2014, ; and b after paragraph 71, insert - 72 any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment) , but only for a period of 52 weeks from the date of receipt of the payment. . amendment of the social security (claims and payments) regulations 1987 10 1 the social security (claims and payments) regulations 1987 are amended as follows. 2 in regulation 2 (interpretation) - a in paragraph (1) - i for the definitions of "bereavement allowance" and "bereavement benefit" substitute - "bereavement benefit" means - a bereavement payment referred to in section 36 of the contributions and benefits act as in force immediately before it was repealed by paragraph 8 of schedule 16 to the pensions act 2014; a bereavement allowance referred to in section 39b of the contributions and benefits act as in force immediately before it was repealed by paragraph 13 of schedule 16 to the pensions act 2014; and widowed parent's allowance; "bereavement support payment" means bereavement support payment under section 30 of the pensions act 2014; ; ii in the definition of "long-term benefits", omit "bereavement allowance,"; and iii in the definition of "working age benefit", omit paragraph (a); and b in paragraph (2)(b), after "a shared additional pension" insert ", bereavement support payment". 3 in regulation 3(1) (claims not required for entitlement to benefit in certain cases) - a for sub-paragraph (a)(iv), substitute - iv widowed parent's allowance; ; b in sub-paragraph (d)(ii), omit "or bereavement allowance"; and c omit sub-paragraph (da). 4 in regulation 4 (making a claim for benefit) - a in paragraph (6a)(a)(i), for "a bereavement benefit" substitute "widowed parent's allowance"; and b for paragraph (11)(e), substitute - e widowed parent's allowance; ea bereavement support payment; . 5 in regulation 4zc(2) (electronic claims for benefit) , after sub-paragraph (b) insert - ba bereavement support payment; . 6 in regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate) - a in paragraph (2a), omit "bereavement allowance,"; b in paragraph (3)(c)(i), for "bereavement allowance" substitute "bereavement support payment"; and c in paragraph (4), for "bereavement allowance" substitute "bereavement support payment". 7 in regulation 19 (time for claiming benefit) - a for paragraph (3)(ga), substitute - ga subject to paragraph (3b), widowed parent's allowance; gb subject to paragraph (3ba), bereavement support payment; ; b omit paragraph (3a); c in paragraph (3b), for "a bereavement benefit" substitute "widowed parent's allowance"; and d after paragraph (3b), insert - 3ba the prescribed time for claiming bereavement support payment in respect of - a the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); and b the date on which the claimant's spouse or civil partner died, is 12 months beginning with that date of death. . 8 in regulation 22a(1) (bereavement allowance, widowed mother's allowance, widowed parent's allowance and widow's pension) and in the heading to regulation 22a, omit "bereavement allowance,". 9 omit - a "bereavement allowance," in the heading to regulation 22b (payment of bereavement allowance, widowed mother's allowance, widowed parent's allowance and widow's pension at a daily rate) ; b "bereavement allowance or" in regulation 22b(1); and c regulation 22b(5)(a). 10 in regulation 32za(2) (information given electronically) , after sub-paragraph (a) insert - aa bereavement support payment; . 11 in regulation 32b(3) (information relating to awards of benefit) , omit sub-paragraphs (b) and (c). 12 in part 1 of schedule 1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) - a in column (1) - i after the entry for "working families' tax credit", insert "bereavement benefit"; and ii after that new entry, insert "bereavement support payment"; and b in column (2) - i after the entry for "disabled person's tax credit", insert "bereavement support payment"; and ii after that new entry, insert "bereavement benefit". 13 in schedule 7 (time of payment and commencement of entitlement in income support cases) , for "bereavement benefit" substitute "widowed parent's allowance" in the following places - a paragraph 2(c); b paragraph 2za; and c paragraph 4 in the definition of "relevant social security benefit". 14 in paragraph 2(1) of schedule 9zc (conditions for the use of electronic communication) , after paragraph (b) insert - ba bereavement support payment; . amendment of the social fund (recovery by deductions from benefits) regulations 1988 11 in regulation 3 of the social fund (recovery by deductions from benefits) regulations 1988 (benefits from which an award may be recovered) , omit paragraph (ff). amendment of the child support (maintenance assessments and special cases) regulations 1992 12 in schedule 2 to the child support (maintenance assessments and special cases) regulations 1992 (amounts to be disregarded when calculating or estimating n and m) , after paragraph 7a insert - 7b any payment of bereavement support payment under section 30 of the pensions act 2014. . amendment of the social security (payments on account, overpayments and recovery) regulations 1988 13 1 the social security (payments on account, overpayments and recovery) regulations 1998 are amended as follows. 2 in regulation 1(2) (interpretation) , omit the definitions of "bereavement benefit" and "bereavement payment". 3 in regulation 8(1) (duplication and prescribed payments) , for sub-paragraph (i) substitute - i any widowed parent's allowance under section 39a of the contributions and benefits act; . amendment of the jobseeker's allowance regulations 1996 14 1 the jobseeker's allowance regulations 1996 are amended as follows. 2 in schedule 7 (sums to be disregarded in the calculation of income other than earnings) , after paragraph 75 insert - 76 any bereavement support payment under section 30 of the pensions act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(e) or 65 of schedule 8. . 3 in schedule 8 (capital to be disregarded) - a in paragraph 12(1), after paragraph (d) insert - e bereavement support payment under section 30 of the pensions act 2014, ; and b after paragraph 64, insert - 65 any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment. . amendment of the social security and child support (decisions and appeals) regulations 1999 15 1 the social security and child support (decisions and appeals) regulations 1999 are amended as follows. 2 in regulation 1(3) (interpretation) - a omit the definitions of "bereavement allowance" and "bereavement payment"; and b in the definition of "bereavement benefit", for paragraphs (a) and (b) substitute - a bereavement support payment under section 30 of the pensions act 2014; or . 3 in regulation 3 (revision of decisions) - a in paragraph (5zb), after sub-paragraph (a) insert - aa bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph (8g) - i in column 1 of the table, for "bereavement allowance" substitute "bereavement support payment under section 30 of the pensions act 2014"; ii in column 2 of the table, for the corresponding entry to "bereavement support payment under section 30 of the pensions act 2014" (as inserted by paragraph (i)) substitute "the contribution conditions set out in section 31 of the pensions act 2014 (bereavement support payment: contribution condition and amendments)"; and iii omit the row with "bereavement payment" in column 1. amendment of the social security (claims and information) regulations 1999 16 in regulation 4(4) of the social security (claims and information) regulations 1999 (additional functions of local authorities) , after sub-paragraph (e) insert - ea bereavement support payment under section 30 of the pensions act 2014; . amendment of the child support (maintenance calculations and special cases) regulations 2000 17 in regulation 4(1)(a) of the child support (maintenance calculations and special cases) regulations 2000 (flat rate) , omit paragraph (i). amendment of the social security (contributions) regulations 2001 18 in regulation 49 of the social security (contributions) regulations 2001 (precluded class 3 contributions) - a in paragraph (2) - i in sub-paragraph (a), omit ", bereavement allowance"; and ii in sub-paragraph (b), omit "bereavement payment or"; and b in paragraph (3), omit ", bereavement allowance". amendment of the social security (inherited serps) regulations 2001 19 in regulation 2(3)(a) of the social security (inherited serps) regulations 2001 (modification of part ii of the social security contributions and benefits act 1992) - a omit "and bereavement allowance"; and b omit "except in so far as that section relates to the rate of a bereavement allowance". amendment of the social security (loss of benefit) regulations 2001 20 in regulation 19 of the social security (loss of benefit) regulations 2001 (social security benefits not to be sanctionable benefits) , for paragraph (e) substitute - e bereavement support payment payable under section 30 of the pensions act 2014. . amendment of the state pension credit regulations 2002 21 1 the state pension credit regulations 2002 are amended as follows. 2 in regulation 15(1) (income for the purposes of the state pension credit act 2002) , for sub-paragraph (n) substitute - n bereavement support payment under section 30 of the pensions act 2014; . 3 in part 1 of schedule v (income from capital: capital disregarded for the purpose of calculating income) - a in paragraph 20(2), after paragraph (p) insert - q bereavement support payment under section 30 of the pensions act 2014. ; and b after paragraph 23d, insert - 23e a payment of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment. . amendment of the tax credits (definition and calculation of income) regulations 2002 22 in regulation 7(3) of the tax credits (definition and calculation of income) regulations 2002 (social security income) in table 3, for row 3 substitute "3 a bereavement support payment under section 30 of the pensions act 2014.". amendment of the non-contentious probate fees order 2004 23 in schedule 1a to the non-contentious probate fees order 2004 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the social fund maternity and funeral expenses (general) regulations 2005 24 in regulation 10(1a) of the social fund maternity and funeral expenses (general) regulations 2005 (deductions from an award of a funeral payment) , for sub-paragraph (b) substitute - b bereavement support payment under section 30 of the pensions act 2014; . amendment of the housing benefit regulations 2006 25 1 the housing benefit regulations 2006 are amended as follows. 2 in schedule 5 (sums to be disregarded in the calculation of income other than earnings) , after paragraph 66 insert - 67 any bereavement support payment under section 30 of the pensions act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 9(1)(h) or 62 of schedule 6. . 3 in schedule 6 (capital to be disregarded) - a in paragraph 9(1), after paragraph (g) insert - h bereavement support payment under section 30 of the pensions act 2014, ; and b after paragraph 61, insert - 62 any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment. . amendment of the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 26 1 the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 are amended as follows. 2 in regulation 29(1)(j) (meaning of income), for paragraph (xiii) substitute - xiii bereavement support payment under section 30 of the pensions act 2014; . 3 in part 1 of schedule 6 (capital to be disregarded generally) - a in paragraph 21(2), after paragraph (o) insert - p bereavement support payment under section 30 of the pensions act 2014. ; and b after paragraph 26g, insert - 26h a payment of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment. . amendment of the gender recognition (application fees) order 2006 27 in the schedule to the gender recognition (application fees) order 2006 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the transfer of state pensions and benefits regulations 2007 28 1 the transfer of state pensions and benefits regulations 2007 are amended as follows. 2 in regulation 1(2) (interpretation) in the definition of "relevant benefit", after paragraph (ba) insert - bb bereavement support payment under section 30 of the pensions act 2014 or section 29 of the pensions act (northern ireland) 2015 ; . 3 in regulation 8(3) (effect of making a cash equivalent transfer payment) , after "part 1" in both places it occurs insert "or part 5". amendment of the court of protection fees order 2007 29 in schedule 2 to the court of protection fees order 2007 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the social security (claims and information) regulations 2007 30 in regulation 1(3) of the social security (claims and information) regulations 2007 (interpretation) in the definition of "specified benefit", for paragraphs (b) and (c) substitute - b bereavement support payment under section 30 of the pensions act 2014; . amendment of the employment and support allowance regulations 2008 31 1 the employment and support allowance regulations 2008 are amended as follows. 2 in regulation 165(3) (entitlement for less than a week - amount of an employment and support allowance payable) in the definition of "y", for "bereavement allowance" substitute "bereavement support payment under section 30 of the pensions act 2014". 3 in regulation 167(d) (modification in the calculation of income), for "bereavement allowance" substitute "bereavement support payment under section 30 of the pensions act 2014". 4 in schedule 8 (sums to be disregarded in the calculation of income other than earnings) , after paragraph 67 insert - 68 any bereavement support payment under section 30 of the pensions act 2014 except any such payment which is disregarded as capital under paragraph 11(1)(d) or 60 of schedule 9. . 5 in schedule 9 (capital to be disregarded) - a in paragraph 11(1), after paragraph (c) insert - d bereavement support payment under section 30 of the pensions act 2014, ; and b after paragraph 59, insert - 60 any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment. . amendment of the magistrates' courts fees order 2008 32 in schedule 2 to the magistrates' courts fees order 2008 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the civil proceedings fees order 2008 33 in schedule 2 to the civil proceedings fees order 2008 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the family proceedings fees order 2008 34 in schedule 2 to the family proceedings fees order 2008 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the upper tribunal (lands chamber) fees order 2009 35 in schedule 2 to the upper tribunal (lands chamber) fees order 2009 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the supreme court fees order 2009 36 in schedule 2 to the supreme court fees order 2009 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the first-tier tribunal (gambling) fees order 2010 37 in the schedule to the first-tier tribunal (gambling) fees order 2010 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the rate of bereavement benefits regulations 2010 38 in regulation 3 of the rate of bereavement benefits regulations 2010 (rate of widowed parent's allowance and bereavement allowance) and in the heading to regulation 3, omit "and bereavement allowance". amendment of the upper tribunal (immigration and asylum chamber) (judicial review) (england and wales) fees order 2011 39 in schedule 2 to the upper tribunal (immigration and asylum chamber) (judicial review) (england and wales) fees order 2011 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the child support maintenance calculation regulations 2012 40 in regulation 44(1)(a) of the child support maintenance calculation regulations 2012 (flat rate) , omit paragraph (i). amendment of the council tax reduction schemes (prescribed requirements) (england) regulations 2012 41 in paragraph 16(1)(j) of schedule 1 to the council tax reduction schemes (prescribed requirements) (england) regulations 2012 (meaning of 'income': pensioners) , for sub-paragraph (xiii) substitute - xiii bereavement support payment under section 30 of the pensions act 2014; . amendment of the council tax reduction schemes (default scheme) (england) regulations 2012 42 in paragraph 39(1)(j) of the schedule to the council tax reduction schemes (default scheme) (england) regulations 2012 (council tax reduction scheme (default scheme) 2013) , for sub-paragraph (xiii) substitute - xiii bereavement support payment under section 30 of the pensions act 2014; . amendment of the universal credit regulations 2013 43 1 the universal credit regulations 2013 are amended as follows. 2 in regulation 2 (interpretation), omit the definition of "bereavement allowance". 3 in regulation 66(1)(b) (what is included in unearned income), omit paragraph (iv). 4 in schedule 10 (capital to be disregarded), after paragraph 19 insert - 20 a payment made within the past 12 months of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment). . amendment of the employment and support allowance regulations 2013 44 in regulation 100(b) of the employment and support allowance regulations 2013 (modification in the calculation of income) , for "bereavement allowance" substitute "bereavement support payment under section 30 of the pensions act 2014". amendment of the legal aid (information about financial resources) regulations 2013 45 in the schedule to the legal aid (information about financial resources) regulations 2013 (prescribed benefits) - a in paragraph 6, for "sections 36, 39a and 39b" in both places it occurs substitute "section 39a"; and b after paragraph 6, insert - 6a benefits for surviving spouses and civil partners under section 30 of the pensions act 2014 or section 29 of the pensions act (northern ireland) 2015. . amendment of the first-tier tribunal (property chamber) fees order 2013 46 in schedule 2 to the first-tier tribunal (property chamber) fees order 2013 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the employment tribunals and the employment appeal tribunal fees order 2013 47 in schedule 3 to the employment tribunals and the employment appeal tribunal fees order 2013 (remissions and part remissions) - a in paragraph 1(1), for paragraph (i) of the definition of "excluded benefits" substitute - i any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . amendment of the courts and tribunals fee remissions order 2013 48 in the schedule to the courts and tribunals fee remissions order 2013 (remissions and part remissions) - a in paragraph 1(1), for paragraph (k) of the definition of "excluded benefits" substitute - k any payment of bereavement support payment under section 30 of the pensions act 2014; ; and b in paragraph 10, for sub-paragraph (n) substitute - n any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the bereavement support payment regulations 2017 (rate of bereavement support payment); . signed by authority of the secretary of state for work and pensions. caroline nokes parliamentary under-secretary of state department for work and pensions 16th march 2017 at 9.00 a.m.

citation and commencement 1 these regulations may be cited as the electronic communications code (transitional provisions) regulations 2017 and come into force on the day that section 4 of, and schedule 1 to, the digital economy act 2017 come fully into force. interpretation 2 in these regulations - "the act" means the communications act 2003 ; "the existing code" means the code set out in schedule 2 to the telecommunications act 1984 ; "the new code" means the code set out in schedule 3a to the act . application of the electronic communications code, etc. 3 1 paragraph (2) applies where, immediately before the coming into force of the new code, the existing code applies to a person by virtue of a direction made by ofcom under section 106(3)(a) of the act. 2 the direction referred to in paragraph (1) shall be treated as having been made in relation to the new code. 4 anything done under or for the purposes of sections 106 to 119 of the act in relation to the existing code, and in force or effective immediately before the repeal of the existing code comes into force, has effect after the new code comes into force as if done under or for the purposes of those sections in relation to the new code. matt hancock minister of state department for digital, culture, media and sport 18th october 2017

citation and commencement 1 1 these regulations may be cited as the childcare act 2006 (provision of information to parents) (england) (amendment) regulations 2017. 2 paragraphs (1), (3) and (4) of regulation 2 come into force on 1st september 2017. 3 paragraphs (2), (5) and (6) of regulation 2 come into force on 1st april 2017 and cease to have effect on 31st august 2017. amendment to the childcare act 2006 (provision of information to parents) (england) regulations 2007 2 1 the childcare act 2006 (provision of information to parents) (england) regulations 2007 are amended as follows. 2 in regulation 1(2), after the definition of "childminder agency" insert the following - "the extended entitlement" means early years provision which is provided free of charge pursuant to a duty imposed on an english local authority under section 2 of the childcare act 2016 (duties in connection with secretary of state's duty to secure 30 hours free childcare for working parents) ; 3 in regulation 1(2), for the definition of "free early years provision" substitute the following - "free early years provision" means early years provision which is provided free of charge pursuant to a duty imposed on an english local authority - by section 7 of the 2006 act (duty to secure prescribed early years provision free of charge); and under section 2 of the childcare act 2016 (duties in connection with secretary of state's duty to secure 30 hours free childcare for working parents); 4 after regulation 2 (prescribed descriptions of information about childcare), insert the following - 2a duty to publish information 1 an english local authority must publish the descriptions of information prescribed under regulation 2 three times a year on 1 january, 1 april and 1 september. 2 an english local authority must - a publish the prescribed descriptions of information by placing them on its website; and b publish its arrangements for enabling - i people without access to the internet; and ii different groups who face difficulties in accessing the internet, including people with a disability, to obtain a copy of the information. 3 in this regulation, "disability" has the meaning given by section 6 of the equality act 2010 . 5 in paragraph 1 of schedule 1, after sub-paragraph (o), insert - p during the period 1st april 2017 to 31st august 2017, whether the registered person intends to provide the extended entitlement. 6 in paragraph 2 of schedule 1, after sub-paragraph (g), insert - h during the period 1st april 2017 to 31st august 2017, whether the person providing the childcare intends to provide the extended entitlement. caroline dinenage parliamentary under secretary of state department for education 24th february 2017

citation and commencement 1 this order may be cited as the town and country planning (general permitted development) (england) (amendment) (no. 2) order 2017 and comes into force on 23rd may 2017. amendments to the town and country planning (general permitted development) (england) order 2015 2 the town and country planning (general permitted development) (england) order 2015 is amended as follows. amendments in relation to changes of use of drinking establishments 3 1 part 3 of schedule 2 is amended as follows - a in class a - i in the heading insert "or" before "takeaways" and omit "or pubs"; ii in paragraph a omit ", a4 (drinking establishments)"; iii omit paragraphs a.1 to a.3; b after class a, insert - class aa-drinking establishments with expanded food provision permitted development aa. development consisting of a change of use of a building and any land within its curtilage - a from a use falling within class a4 of the schedule to the use classes order to a use falling within class a4 (drinking establishments) with a use falling within class a3 (restaurants and cafes) ("drinking establishments with expanded food provision"); and b from a use as a drinking establishment with expanded food provision to a use falling within class a4 (drinking establishments). c in class b - i in the heading omit "or pubs"; ii in paragraph b omit "class a4 (drinking establishments) or"; iii omit paragraphs b.1 to b.3. 2 part 4 of schedule 2 is amended as follows - a in class c - i for paragraph c.1(e) substitute - e the building is used for a purpose falling within class a4 (drinking establishments) of the schedule to the use classes order, including a purpose as described in class aa (drinking establishments with expanded food provision) of part 3 of schedule 2 to this order. ; ii omit paragraph c.2(f); and iii in paragraph c.3 omit the definitions of "community asset", "list of assets of community value", "nomination", "specified building" and "specified period"; b in class d - i in the heading omit ", pubs"; ii in paragraph d(a)(i) omit "class a4 (drinking establishments),"; iii omit paragraph d.1(f); iv omit paragraph d.2(f); and v in paragraph d.3 omit ""community asset", "specified building" and "specified period" have the meaning given in paragraph c.3; and". amendments in relation to demolition of buildings 4 class b of part 11 of schedule 2 is amended as follows - a for paragraph b.1(c) substitute - c the building is used, or was last used, for a purpose falling within class a4 (drinking establishments) of the schedule to the use classes order, including a purpose as described in class aa (drinking establishments with expanded food provision) of part 3 of schedule 2 to this order. ; b for paragraph b.2(b)(i) substitute - i the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the method of demolition and any proposed restoration of the site; c in paragraph b.2(b)(ii), for "paragraph (b)(i)(aa)" substitute "paragraph (b)(i)"; d omit paragraph b.2(b)(iii); e omit paragraph b.2(b)(vi); f in paragraph b.2(b)(vii) omit "subject to paragraph (b)(x),"; g in paragraph b.2(b)(ix) omit "subject to paragraph (b)(x),"; h omit paragraph b.2(b)(x); and i in paragraph b.3 omit the definitions of "community asset", "list of assets of community value", "nomination", "prior approval event", "specified building" and "specified period". transitional and saving provisions 5 1 where, in relation to specified development, the period of 56 days referred to in - a paragraph a.2(4) of part 3 of schedule 2 to the general permitted development order; or b paragraph c.2(f)(iii) of part 4 of that schedule, expired before 23rd may 2017 then the planning permission granted under class a or class b of part 3 or, as the case may be, class c or class d of part 4 of schedule 2 to the general permitted development order continues to have effect as if the amendments made by this order had not been made. 2 where, in relation to specified demolition, a prior approval event occurred before 23rd may 2017, then planning permission granted under class b of part 11 of schedule 2 to the general permitted development order continues to have effect as if the amendments made by this order had not been made, provided that the period of 56 days referred to in paragraph b.2(b)(x) of part 11 of schedule 2 to the general permitted development order expired before 23rd may 2017. 3 in relation to a building falling within the scope of a relevant article 4 direction the amendments made by article 3(1)(b) of this order do not have effect until 23rd november 2018. 4 for the purposes of this article - "the general permitted development order" means the town and country planning (general permitted development) (england) order 2015 as it was in force immediately before the coming into force of this order; "prior approval event" has the same meaning as in paragraph b.3 of part 11 of schedule 2 to the general permitted development order; "relevant article 4 direction" means a direction under article 4(1) of the general permitted development order which is in force immediately before the coming into force of this order which removes permission to change the use of a building falling within class a4 (drinking establishments) of the schedule to the use classes order to a use falling within class a3 (restaurants and cafes) of that schedule; "specified demolition" means demolition in relation to a building used or last used for a purpose falling within class a4 (drinking establishments) of the schedule to the use classes order which is intended to be carried out under class b of part 11 of schedule 2 to the general permitted development order; "specified development" means development in relation to a building used for a purpose falling within class a4 (drinking establishments) of the schedule to the use classes order which is intended to be carried out under - class a of part 3 of schedule 2 to the general permitted development order; class b of part 3 of that schedule; class c of part 4 of that schedule; or class d of part 4 of that schedule; and "the use classes order" means the town and country planning (use classes) order 1987 . signed by authority of the secretary of state for communities and local government gavin barwell minister of state department for communities and local government 28th april 2017

citation, commencement and interpretation 1 1 this order may be cited as the chichester (electoral changes) order 2017. 2 the provisions of this order specified in paragraph (3) come into force on the day after the day on which this order is made. 3 the provisions specified in this paragraph are - a this article; and b the remaining provisions of this order, but only for the purpose of proceedings preliminary, or relating, to the election of councillors. 4 the provisions of this order specified in paragraph (3)(b) come into force for all purposes other than those described in that paragraph on the ordinary day of election of councillors in england and wales in 2019. 5 in this article "the ordinary day of election of councillors in england and wales" has the meaning given by section 37(1) of the representation of the people act 1983 . 6 in this order "the map" means the map marked "map referred to in the chichester (electoral changes) order 2017", held by the local government boundary commission for england . 7 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of the district of chichester and number of councillors 2 1 the existing wards of the district of chichester are abolished. 2 the district of chichester is divided into 21 wards as listed in the first column of the table in schedule 1. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected to each ward is the number specified by the entry in the second column of the table in schedule 1 which relates to that ward. wards of the parishes of chichester and selsey 3 1 the existing wards of the parishes of chichester and selsey are abolished. 2 each of the parishes mentioned in paragraph (1) is divided into the parish wards listed in the entries in the second column of the table in schedule 2 which relate to that parish. 3 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 4 the number of councillors to be elected to each parish ward is the number specified by the entry in the third column of the table in schedule 2 which relates to that parish ward. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 27th march 2017

citation 1 this order may be cited as the water act 2014 (commencement no. 9 and transitional provisions) (amendment) order 2017. amendment of the water act 2014 (commencement no. 9 and transitional provisions) order 2017 2 1 the water act 2014 (commencement no. 9 and transitional provisions) order 2017 is amended as follows. 2 in paragraph (d) of article 4 (provisions of the 2014 act coming into force on 1st october 2017), for sub-paragraphs (ii) to (iv) substitute - ii paragraph 92 so far as it relates to a sewerage undertaker whose area is wholly or mainly in england; iii paragraph 95 so far as it relates to a sewerage undertaker whose area is wholly or mainly in england; iv paragraph 98 as follows - aa sub-paragraph (1) so far as it relates to paragraph (bb); bb sub-paragraph (2) so far as it relates to a sewerage undertaker whose area is wholly or mainly in england. . 3 in paragraph (e) of article 5 (provisions of the 2014 act coming into force on 1st april 2018) - a in sub-paragraph (i), for "and (iii)" substitute "to (iv)"; b at the end of sub-paragraph (ii), insert "so far as they relate to a water undertaker whose area is wholly or mainly in england"; c for sub-paragraph (iii) substitute - iii paragraphs 87 and 88 so far as they relate to a sewerage undertaker whose area is wholly or mainly in england; iv paragraph 89 as follows - aa sub-paragraph (a); bb sub-paragraph (b) so far as it relates to a sewerage undertaker whose area is wholly or mainly in england. . thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 18th september 2017

citation and commencement 1 1 these regulations may be cited as the non-domestic rating (rates retention) (amendment) regulations 2017. 2 these regulations come into force on 19th january 2018. amendment of the non-domestic rating (rates retention) regulations 2013 2 the non-domestic rating (rates retention) regulations 2013 are amended as follows. amendment of regulation 4 3 in regulation 4 (payment to the secretary of state in respect of the central share) for paragraph (1)(c) substitute - c for a relevant year beginning on 1st april 2017, its estimate of the amount specified by paragraph 2(1) of schedule 2a for that year (if applicable); d for a relevant year beginning on or after 1st april 2017, its estimate of the amount specified by paragraph 2 of schedule 2b for that year (if applicable); and e for a relevant year beginning on or after 1st april 2018, its estimate of the amount specified by paragraph 2(1) of schedule 2c for that year (if applicable). . amendment of regulation 9 4 in regulation 9 (end of year calculations) after paragraph (1)(bc) insert - bd calculate the amount specified by paragraph 2(1) of schedule 2c for the relevant year (if applicable); . insertion of regulation 9b 5 after regulation 9a (special provision for end of year calculations for relevant year beginning on 1st april 2015) insert - special provision for end of year calculations for relevant year beginning on 1st april 2016 9b 1 this regulation applies in relation to the relevant year beginning on 1st april 2016 to a billing authority to which schedule 2c applies. 2 in addition to the calculations made under regulation 9(1) for that year, the billing authority must calculate the amount specified by paragraph 2(1) of schedule 2c for that year (if applicable) on or before 2nd february 2018. 3 the billing authority must - a notify the secretary of state on or before 2nd february 2018 of the amount calculated; and b arrange for the calculation and amount to be certified in accordance with such arrangements as the secretary of state may direct. 4 the person certifying the calculation and amount must send the certification to the secretary of state and notify the billing authority of the amount so certified. . amendment of regulation 11 6 1 regulation 11 (reconciliation of amount deducted from central share payment) is amended as follows. 2 in paragraph (2a) - a for "a relevant year beginning on or after 1st april 2017" substitute "the relevant year beginning on 1st april 2017"; and b for "regulation 4(1)(c)(i)" substitute "regulation 4(1)(c)". 3 in paragraph (2b) for "regulation 4(1)(c)(ii)" substitute "regulation 4(1)(d)". 4 after paragraph (2b) insert - 2c for a relevant year beginning on or after 1st april 2018, where the amount certified under regulation 9 as the amount specified by paragraph 2(1) of schedule 2c for that year is different from the amount deducted under regulation 4(1)(e) from the central share payment for that year - a if the certified amount is less than the deducted amount - i the billing authority must pay to the secretary of state an amount equal to the difference; and ii the billing authority must transfer from its general fund to its collection fund an amount equal to the difference; or b if the certified amount is more than the deducted amount - i the secretary of state must pay to the billing authority an amount equal to the difference; and ii the billing authority must transfer from its collection fund to its general fund an amount equal to the difference. . amendment of regulation 11b 7 1 regulation 11b (special provision for end of year payments in respect of relevant year beginning on 1st april 2016) is amended as follows. 2 in paragraph (1) for "schedule 2a or 2b" insert "schedule 2a, 2b or 2c". 3 after paragraph (3) insert - 3a where an amount is certified under regulation 9b as the amount specified by paragraph 2(1) of schedule 2c for that year ("the certified amount") - a the secretary of state must pay to the billing authority an amount equal to the certified amount; b the billing authority must transfer from its collection fund to its general fund an amount equal to the certified amount. . insertion of regulation 11c 8 after regulation 11b insert - special provision for end of year payments in respect of relevant year beginning on 1st april 2017 11c 1 this regulation applies in relation to the relevant year beginning on 1st april 2017 to a billing authority to which schedule 2c applies. 2 where an amount is certified under regulation 9 as the amount specified by paragraph 2(1) of schedule 2c for that year ("the certified amount") - a the secretary of state must pay to the billing authority an amount equal to the certified amount; and b the billing authority must transfer from its collection fund to its general fund an amount equal to the certified amount. 3 an amount paid to an authority under this regulation is to be recognised by that authority in accordance with proper practices in a revenue account for that year. . amendment of schedule 2a 9 in paragraph 1(1) of schedule 2a (special provision for deduction from the central share payment) for "a relevant year beginning on or after 1st april 2015" substitute "relevant years beginning on 1st april 2015, 1st april 2016 and 1st april 2017". insertion of schedule 2c 10 after schedule 2b insert schedule 2c which is set out in the schedule to these regulations. we consent david rutley heather wheeler two of the lords commissioners of her majesty's treasury 20th december 2017 signed by authority of the secretary of state for communities and local government marcus jones parliamentary under secretary of state department for communities and local government 21st december 2017

part 1 general citation, commencement and application 1 1 this order may be cited as the fire and rescue authority (police and crime commissioner) (application of local policing provisions, inspection, powers to trade and consequential amendments) order 2017 and comes into force on 1st october 2017. 2 this order applies to england only. interpretation 2 in this order - "the frs act 2004" means the fire and rescue services act 2004; "authority" means a fire and rescue authority created by an order under section 4a of the frs act 2004; "chief fire officer" means the person with responsibility for managing the fire and rescue service; "fire and rescue service" means the personnel, services and equipment secured by the authority for the purposes of carrying out the authority's functions under - section 6 of the frs act 2004 (fire safety); section 7 of that act (fire-fighting); section 8 of that act (road traffic accidents); any order under section 9 of that act (emergencies) which applies to the authority; section 2 of the civil contingencies act 2004 (duty to assess, plan and advise) and any subordinate legislation under that act applying to the authority; any other provision of or made under an enactment which confers functions on a fire and rescue authority; "relevant police and crime panel" in relation to an authority means the police and crime panel for the police area - which corresponds to the area of the authority; or within which the area of the authority falls. part 2 appointment, suspension and dismissal of the chief fire officer chapter 1 appointment appointment of the chief fire officer 3 an authority must comply with articles 4 to 14 in appointing a person to be chief fire officer . no appointment until end of confirmation process 4 1 an authority must not appoint a person to be chief fire officer unless the end of the confirmation process has been reached. 2 the end of the confirmation process is reached in a case to which article 9 applies - a where the relevant police and crime panel makes a recommendation in relation to the appointment, on the date on which the authority notifies the panel of its decision whether or not to accept that recommendation under article 9(3); or b where the relevant police and crime panel does not make a report in relation to the appointment, at the end of the period of three weeks starting with the day on which the panel receives the notification from the authority of the proposed appointment. 3 the end of the confirmation process is reached in a case to which article 10 applies - a where the relevant police and crime panel does not make a report in relation to the appointment, at the end of the period of three weeks starting with the day on which the police and crime panel receives the notification from the authority of the proposed appointment; or b where the relevant police and crime panel makes a recommendation in relation to the appointment under article 12, the date on which the authority notifies the panel of its decision whether or not to accept that recommendation under article 13(b). notification of proposed appointment 5 1 an authority must notify the relevant police and crime panel of each proposed appointment of a chief fire officer by the authority. 2 in such a case, the authority must also notify the relevant police and crime panel of the following information - a the name of the person whom the authority is proposing to appoint ("the candidate"); b the criteria used to assess the suitability of the candidate for the appointment; c why the candidate satisfies those criteria; and d the terms and conditions on which the candidate is to be appointed. panel to review and report on proposed appointment 6 1 this paragraph applies if a relevant police and crime panel is notified under article 5 of a proposed appointment of a chief fire officer. 2 the panel must review the proposed appointment. 3 the panel must make a report to the authority on the proposed appointment. 4 subject to article 7(2) the report must include a recommendation to the authority as to whether or not the candidate should be appointed. 5 the panel must comply with paragraphs (2) to (4) within the period of three weeks beginning with the day on which the panel receives the notification from the authority of the proposed appointment. 6 the panel must publish the report made to the authority under this paragraph. 7 in calculating the period of three weeks for the purpose of paragraph (5), any relevant post-election period is to be ignored. 8 in this article and articles 12 and 22 "relevant post-election period" means the period that - a begins with the day of the poll at an ordinary election of a police and crime commissioner under section 50 of the police reform and social responsibility act 2011 ; and b ends with the day on which the person elected as police and crime commissioner delivers a declaration of acceptance under section 70 of that act. power of panel to veto proposed appointment 7 1 the relevant police and crime panel may, having reviewed the proposed appointment, veto the appointment of the candidate. 2 if the panel vetoes the appointment of the candidate, the report made under article 6 must include a statement that the panel has vetoed it. 3 references in this part to a police and crime panel vetoing the appointment of a candidate are references to the panel making a decision, by the required majority, that the candidate should not be appointed as chief fire officer. 4 for that purpose, the panel makes that decision by the required majority if at least two-thirds of the persons who are members of the panel at the time when the decision is made vote in favour of making that decision. 5 the power conferred by this paragraph is exercisable in relation to a proposed appointment only during the period of three weeks mentioned in article 6(5). confirmation hearings 8 1 a relevant police and crime panel must hold a confirmation hearing - a before making a report under article 6 to the authority in relation to a proposed appointment; and b before making a recommendation under article 6 (where applicable) or vetoing an appointment under article 7 (where applicable). 2 for the purposes of this article - a "confirmation hearing" is a meeting of the panel, held in public, at which the candidate is requested to appear for the purpose of answering questions relating to the appointment. b references to a person appearing at a meeting of the panel are references to the person - i attending the meeting in person; or ii not attending the meeting in person, but participating in the proceedings at the meeting by any means that enable the person to hear, and be heard in, those proceedings as they happen. next steps if no veto 9 1 this article applies if the relevant police and crime panel does not veto the appointment of a candidate. 2 the authority may accept or reject the panel's recommendation as to whether or not the candidate should be appointed. 3 the authority must notify the panel of the decision whether to accept or reject the recommendation. next steps if veto 10 1 this article applies if the relevant police and crime panel vetoes the appointment of a candidate. 2 the authority must not appoint that candidate as the chief fire officer. veto: proposal of reserve candidate 11 1 where the relevant police and crime panel exercises the power under article 7 the authority shall propose another person for appointment as the chief fire officer ("a reserve candidate"). 2 the authority proposes a reserve candidate by notifying the panel of the following information - a the name of the reserve candidate; b the criteria used to assess the suitability of the reserve candidate for the appointment; c why the reserve candidate satisfies those criteria; and d the terms and conditions on which the reserve candidate is to be appointed. panel's consideration of reserve candidate 12 1 within the period of three weeks beginning with the day on which the relevant police and crime panel receives notification under article 11(2) the panel shall - a review the proposed appointment; and b make a report to the authority on the proposed appointment. 2 before making a report under paragraph (1)(b), the panel must hold a confirmation hearing within the meaning of article 8(2)(a). 3 the report made under paragraph (1)(b) must include a recommendation to the authority as to whether or not the reserve candidate should be appointed. 4 the panel must publish the report made under paragraph (1)(b). 5 in calculating the period of three weeks for the purpose of paragraph (1), any relevant post-election period within the meaning of article 6(8) is to be ignored. authority's consideration of report 13 on receiving a report under article 12(1)(b) the authority shall - a have regard to the report (including the recommendation in the report); and b notify the panel of its decision as to whether it accepts or rejects the recommendation. appointment of the chief fire officer 14 1 after the authority gives the notification mentioned in article 13(b) it may then - a appoint the reserve candidate as the chief fire officer; or b propose another person for such appointment. 2 where a proposal is made under paragraph (1)(b), articles 11 to 14 apply in relation to that person as if the proposal had been made under article 11(1) (and accordingly the person is treated for these purposes as a reserve candidate). chapter 2 suspension suspension of the chief fire officer 15 if an authority suspends the chief fire officer the authority must notify the relevant police and crime panel of the suspension . chapter 3 dismissal dismissal of the chief fire officer 16 an authority must comply with articles 17 to 23 in relation to the dismissal of the chief fire officer . no dismissal until the end of the scrutiny process 17 1 an authority must not dismiss the chief fire officer until the end of the scrutiny process has been reached. 2 the end of the scrutiny process is reached when the first of the following events occurs - a the period of six weeks mentioned in article 22(2) has ended without the relevant police and crime panel having given the authority any recommendation as to whether or not the authority should dismiss the chief fire officer; b the authority notifies the relevant police and crime panel under article 23(2) of the decision whether or not the authority accepts the panel's recommendation in relation to the proposed dismissal. authority's duty to consult chief fire and rescue inspector for england 18 if an authority is proposing to dismiss the chief fire officer the authority must - a obtain the views of the chief fire and rescue inspector for england in writing; and b have regard to those written views. notification and explanation of proposal to dismiss 19 if, having complied with article 18, the authority proposes to dismiss the chief fire officer the authority must - a give the chief fire officer - i a written explanation of the reasons why the authority is proposing dismissal; and ii a copy of the written views of the chief fire and rescue inspector for england obtained by the authority under article 18; b give the relevant police and crime panel - i written notification that the authority is proposing to dismiss the chief fire officer; ii a copy of the reasons given to the chief fire officer in accordance with sub-paragraph (a)(i); and iii a copy of the written views of the chief fire and rescue inspector for england obtained by the authority under article 18. representations from the chief fire officer 20 1 the authority must give the chief fire officer the opportunity to make written representations in response to the authority's proposal to dismiss the chief fire officer. 2 the authority must - a consider any such written representations; and b give the relevant police and crime panel a copy of any such representations as soon as practicable after the authority is given them. authority's response to representations 21 1 an authority must comply with this article if, after complying with article 20, the authority is still proposing to dismiss the chief fire officer. 2 the authority must notify - a the chief fire officer; and b the relevant police and crime panel that it is still proposing to dismiss the chief fire officer. 3 the authority must at the time of giving the chief fire officer and the police and crime panel notification of the authority's intention under paragraph (2) - a give the chief fire officer and the panel a written explanation of the reasons why the authority still proposes to dismiss the chief fire officer; b give the chief fire and rescue inspector for england a copy of the notification and explanation; and c unless the person who is for the time being designated as the head of the authority's paid service under section 4 of the local government and housing act 1989 is also the chief fire officer, give the head of the authority's paid service a copy of the notification, the explanation and the written views of the chief fire and rescue inspector for england obtained in accordance with article 18. role of panel 22 1 where the authority notifies the relevant police and crime panel under article 21 that it is still proposing to dismiss the chief fire officer the panel must make a recommendation to the authority as to whether or not the authority should dismiss the chief fire officer. 2 the recommendation must be given to the authority in writing before the end of the period of six weeks beginning on the day on which the panel receives the notification under article 21. 3 in calculating the period of six weeks for the purposes of paragraph (2), any relevant post-election period is to be ignored. 4 before making the recommendation the panel - a may consult the chief fire and rescue inspector for england; and b must hold a scrutiny hearing. 5 in this article "scrutiny hearing" means a meeting of the panel held in private which the authority and the chief fire officer are both entitled to attend for the purpose of making representations relating to the authority's proposal to dismiss the chief fire officer. 6 the reference in paragraph (5) to attending a meeting of the panel includes participating in the proceedings at the meeting by any means that enable the person to hear, and to be heard in, those proceedings as they happen. 7 the panel must publish the recommendation made to the authority under this article. authority's response to panel's recommendation 23 1 the authority must - a consider the relevant police and crime panel's recommendation under article 22; and b having considered that recommendation may accept or reject it. 2 the authority must notify the panel of the decision whether or not to accept the recommendation. part 3 exercise of functions of chief fire officer securing good value for money 24 1 the chief fire officer must secure that good value for money is obtained in exercising the officer's functions. 2 the duty in paragraph (1) includes securing that the persons under the direction and control of the chief fire officer obtain good value for money in exercising their functions. regard to the fire and rescue plan 25 1 the chief fire officer must in exercising the officer's functions have regard to the fire and rescue plan of the authority in which the officer is employed. 2 in this article "fire and rescue plan" has the meaning given in schedule a2 to the frs act 2004. part 4 inspection functions to be excluded from inspection 26 1 the following are excluded functions for the purposes of section 28(a6) of the frs act 2004 - a the function of approving the integrated risk management plan; b the function of appointing, suspending or dismissing the chief fire officer; c the function of holding the chief fire officer to account for the exercise of - i the functions which are delegated to the chief fire officer in accordance with an order made under section 4a of the frs act 2004; and ii the functions of persons under the direction and control of the chief fire officer; d the function of approving a pay policy statement prepared for the purposes of section 38 of the localism act 2011 ; e the function of approving arrangements to enter into a reinforcement scheme under section 13 of the frs act 2004 (reinforcement schemes); f the function of approving arrangements with other employers of firefighters under section 15 of the frs act 2004 (arrangements with other employers of firefighters); g the function of approving arrangements under section 16 of the frs act 2004 (arrangements for discharge of functions by others); h the function of approving plans, modifications to plans and additions to plans for the purpose of ensuring that - i so far as is reasonably practicable, the authority is able to continue to perform its fire and rescue functions if an emergency occurs; and ii the authority is able to perform its functions so far as necessary or desirable for the purpose of preventing an emergency, or reducing, controlling or mitigating the effects of an emergency, or taking other action in connection with it; i the function of approving any arrangements for the co-operation of the authority in relation to its fire and rescue functions with other general category 1 responders and general category 2 responders in respect of - i the performance of the authority's duty as a fire and rescue authority under section 2 of the civil contingencies act 2004 ; and ii any duties under subordinate legislation made in exercise of powers under that act. 2 in this article - a in paragraph (1)(a) "integrated risk management plan" means a plan which is - i prepared and published by the authority in accordance with the requirements of the fire and rescue national framework ; and ii sets out for the period covered by the document - aa an assessment of all foreseeable fire and rescue related risks that could affect the area of the authority; and bb proposals, including about the allocation of resources, for the mitigation of those risks; b in paragraph (1)(h) "emergency" has the meaning given in section 1 of the civil contingencies act 2004 for part 1 of that act. part 5 power to trade power to trade in function-related activities 27 1 subject to paragraphs (2) and (3), an authority is authorised to do for a commercial purpose anything which it is authorised to do for the purpose of carrying on any of its ordinary functions. 2 before exercising the power conferred by paragraph (1), the authority shall - a prepare a business case in support of the proposed exercise of that power; and b approve that business case. 3 an authority shall recover the costs of any accommodation, goods, services, staff or any other thing that it supplies to a company in pursuance of any agreement or arrangement to facilitate the exercise of the power conferred by paragraph (1). 4 in this article, "business case" means a comprehensive statement as to - a the objectives of the business, b the investment and other resources required to achieve those objectives, c any risks the business might face and how significant these risks are, and d the expected financial results of the business, together with any other relevant outcomes that the business is expected to achieve. part 6 application with modifications of local policing enactments 28 the following local policing enactments apply to an authority with the modifications set out in schedule 1 - a the elected local policing bodies (specified information) order 2011 ; b the elected local policing bodies (complaints and misconduct) regulations 2012 ; and c the police and crime panels (precepts and chief constable appointments) regulations 2012 . part 7 consequential amendments 29 the enactments set out in schedule 2 are amended as set out in that schedule. nick hurd minister of state home office 6th september 2017

citation 1 this order may be cited as the capital gains tax (annual exempt amount) order 2017. exempt amount of capital gains for 2017-18 2 the amount which is, by virtue of section 3 of the taxation of chargeable gains act 1992, the exempt amount for the tax year 2017-18 (unless parliament otherwise determines) is 11,300. david evennett robert syms two of the lords commissioners of her majesty's treasury 13th march 2017

citation 1 these regulations may be cited as the digital economy act 2017 (commencement no. 2) regulations 2017. provisions coming into force on 22nd november 2017 2 schedule 1 (the electronic communications code) to the digital economy act 2017, but only in relation to paragraph 106 (lands tribunal for scotland procedure rules) of schedule 3a to the communications act 2003 , and section 4 (the electronic communications code) so far as it relates to that paragraph, come into force on 22nd november 2017. matthew hancock minister of state department for digital, culture, media and sport 21st november 2017

citation and commencement 1 1 these regulations may be cited as the infrastructure planning (compulsory acquisition) (amendment) (no. 2) regulations 2017. 2 these regulations come into force on 30th november 2017. 3 these regulations have effect only in relation to an order granting development consent made on or after 30th november 2017. amendments to the infrastructure planning (compulsory acquisition) regulations 2010 2 1 schedule 1 to the infrastructure planning (compulsory acquisition) regulations 2010 is amended as follows. 2 in form a, in the fourth paragraph - a for "during" substitute "before the end of"; and b after "beginning with" insert "the day after". signed by authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 7th november 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the social security (industrial injuries) (prescribed diseases) amendment regulations 2017 and come into force on 30th march 2017. 2 in these regulations "the principal regulations" means the social security (industrial injuries) (prescribed diseases) regulations 1985 . amendment of regulation 4 of the principal regulations 2 in regulation 4 of the principal regulations (presumption that a disease is due to the nature of employment) , in paragraph (2) after "c32," insert "c34,". amendment of schedule 1 to the principal regulations 3 1 part 1 of schedule 1 to the principal regulations (list of prescribed diseases and the occupations for which they are prescribed) is amended as follows. 2 in column 1 - a for a1 substitute - a1 leukaemia (other than chronic lymphocytic leukaemia) or primary cancer of the bone, bladder, breast, colon, liver, lung, ovary, stomach, testis or thyroid. ; b in b6 omit the words "(including farmer's lung)"; c after c33 insert - c34 extrinsic allergic alveolitis. ; d in d9 omit the words "with obliteration of the costophrenic angle". 3 in column 2 - a for a1 substitute - exposure to ionising radiation where the dose is sufficient to double the risk of the occurrence of the condition. ; b in b6, after the words "heterologous proteins" insert "or any other biological substance that causes extrinsic allergic alveolitis" and at the end insert "; or (f) any other workplace"; c after c33 insert - exposure to airborne isocyanates; or to any other chemical substance that causes extrinsic allergic alveolitis. . signed by authority of the secretary of state for work and pensions penny mordaunt minister of state department for work and pensions 1st march 2017

citation and commencement 1 these regulations may be cited as the pension schemes (categories of country and requirements for overseas pension schemes and recognised overseas pension schemes) (amendments) regulations 2017 and shall come into force on 6th april 2017. amendments to the pension schemes (categories of country and requirements for overseas pension schemes and recognised overseas pension schemes) regulations 2006 2 the pension schemes (categories of country and requirements for overseas pension schemes and recognised overseas pension schemes) regulations 2006 are amended as follows. amendment of regulation 2 3 in regulation 2 (requirements of an overseas pension scheme) - a in paragraph (1) - i insert "subject to paragraph (2a)" at the start of sub-paragraph (a), and ii omit "and satisfy the requirements in paragraph (4)" in sub-paragraph (b); b in paragraph (2) - i for sub-paragraph (c) substitute - c sub-paragraph (a) is not satisfied by reason only that no such regulatory body exists in the country or territory; or ; ii after sub-paragraph (c) insert - d sub-paragraph (b) is not satisfied by reason only that no such regulatory body exists in the country or territory and - i the scheme is established in another member state, norway, iceland or liechtenstein; or ii there is in the country or territory in which the scheme is established a body - aa which regulates providers of pension schemes; and bb which regulates the provider for the purpose of establishing the scheme in question. ; c after paragraph 2 insert - 2a an overseas public service pension scheme that falls within regulation 3(1b) is deemed to satisfy the requirements in paragraph (2). ; d omit paragraph (4); e omit the definition of "uk tax-relieved scheme funds" in paragraph (5). amendment of regulation 3 4 in regulation 3 (recognised overseas pension schemes: prescribed countries or territories and prescribed requirements) - a in paragraph (1) - i omit "one or more of" in sub-paragraph (b); ii insert "and" at the end of sub-paragraph (b)(i); iii in sub-paragraph (b)(ii) - aa insert "for schemes established in guernsey," before "the", and bb insert "." after "(4)"; and iv omit the rest of sub-paragraph (b); b in paragraph (1b) after "(1a)" insert "and regulation 2(2a)"; c for paragraph (2)(c) substitute - c any country or territory in respect of which there is in force an order in council under section 173 of the finance act 2006 or section 2 of the taxation (international and other provisions) act 2010 giving effect in the united kingdom to an agreement which contains provision about the exchange of information between the parties. ; d omit paragraph (3); e for paragraph 4 substitute - 4 at the time of the transfer of sums or assets which would, subject to these regulations, constitute a recognised transfer, where the pension scheme is an exempt pension contract or an exempt pension trust within the meaning of section 157e of the income tax (guernsey) law, 1975 , the scheme must not be open to non-residents of guernsey. ; f omit paragraph (4a) ; g omit paragraph (5) ; h for paragraph (6a) substitute - 6a the benefits payable to the member under the scheme, to the extent that they consist of the member's relevant transfer fund or ring-fenced transfer funds - a are payable no earlier than they would be if pension rule 1 in section 165 applied; or b if payable earlier, are only payable in circumstances in which they would be authorised member payments if they were made by a registered pension scheme. . amendment of schedule 2 5 omit schedule 2 . jennie granger ruth owen two of the commissioners for her majesty's revenue and customs 14th march 2017

citation, commencement, extent and application 1 1 this order may be cited as the pollution prevention and control (designation of directives) (england and wales) order 2017 and comes into force on the day after the day on which it is made. 2 this order extends to england and wales. 3 this order applies in relation to - a england and the sea adjacent to england out as far as the seaward boundary of the territorial sea; and b wales, within the meaning given by section 158 of the government of wales act 2006 . 4 for the purpose of paragraph (3)(a), the sea adjacent to england is so much of the sea adjacent to great britain as - a is not the sea adjacent to scotland; and b does not form part of wales. 5 in paragraph (4)(a), the sea adjacent to scotland has the same meaning as the internal waters and territorial sea of the united kingdom adjacent to scotland has by virtue of section 126(2) of the scotland act 1998 . designation of directives 2 the following directives are designated as relevant directives for the purposes of paragraph 20(1)(b) of schedule 1 to the pollution prevention and control act 1999 - a council directive 2013/59/eu ratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing council directive 89/618/eu ratom, 90/641/euratom, 96/29/euratom, 97/43/euratom and 2003/122/euratom ; b directive 2015/2193/eu of the european parliament and of the council on the limitation of emissions of certain pollutants into the air from medium combustion plants . thrse coffey parliamentary under secretary of state department of the environment, food and rural affairs 4th december 2017 hannah blythyn minister for the environment, under authority of the cabinet secretary for energy, planning and rural affairs, one of the welsh ministers 6th december 2017

citation and commencement 1 these regulations may be cited as the coasting schools (england) regulations 2017 and come into force on the day on which section 1 of the education and adoption act 2016 (coasting schools) comes into force for all remaining purposes. interpretation 2 in these regulations - "downloadable" means made available for download via the internet by the secretary of state from time to time pursuant to section 537(3) of the education act 1996 ; "ks2 education" means education for pupils in the second key stage, within the meaning given in section 82(1)(b) of the education act 2002 ; "ks4 education" means education for pupils in the fourth key stage, within the meaning given in section 82(1)(d) of the education act 2002. disapplication of coasting schools regime for certain descriptions of school and academy 3 1 section 60b of the education and inspections act 2006 does not apply to - a a community or foundation special school ; or b a maintained nursery school . 2 section 2b of the academies act 2010 does not apply to - a an academy school specially organised to make special educational provision for pupils with special educational needs; or b an alternative provision academy. coasting primary schools 4 1 for the purposes of section 60b(1) of the education and inspections act 2006 (coasting schools), a maintained school providing ks2 education is "coasting" if it meets the coasting criteria for each school year of the most recent three successive school years for which there is all england ks2 data. 2 in paragraph (1), the "coasting criteria" are - a in relation to the school years 2013/2014 and 2014/2015, that - i the attainment measure for the school is below 85%; and ii each progress measure for the school, for the school year listed in column 1 of table 1, is below the percentage for the respective subject listed in the corresponding entry in column 2, 3 or 4 of the table ; table 1 column 1 - school year column 2 - percentage for reading column 3 - percentage for writing column 4 - percentage for mathematics 2013/2014 94% 96% 93% 2014/2015 94% 97% 93% b in relation to the school year 2015/2016 and subsequent school years, that - i the attainment measure for the school is below 85%; ii any progress measure for the school, for the school year listed in column 1 of table 2, is below the score for the respective subject listed in the corresponding entry in column 2, 3 or 4 of the table; and iii as regards any progress measure which is below the figure mentioned in sub-paragraph (ii), the corresponding upper confidence limit is below zero. table 2 column 1 - school year column 2 - score for reading column 3 - score for writing column 4 - score for mathematics 2015/2016 or any subsequent year -2.5 -3.5 -2.5 3 in this regulation - "all england ks2 data" means - the key stage 2 performance data for all of england which is downloadable in respect of the relevant school year and identified in that data as being "final key stage 2" data; or where the data in sub-paragraph (a) is not downloadable in respect of the relevant school year, the key stage 2 performance data for all of england which is downloadable in respect of the relevant school year and identified in that data as being "revised key stage 2" data; "attainment measure" means - in relation to the school years 2013/2014 and 2014/2015, the percentage shown in the "ptreadwrittamatx" column of the all england ks2 data ; and in relation to the school year 2015/2016 and subsequent school years, the percentage of pupils at the school achieving the expected standard of attainment in reading, writing and mathematics as determined in accordance with the primary school accountability measure, being the percentage shown in the "ptrwm_exp" column of the all england ks2 data; "corresponding upper confidence limit" means the upper confidence limit score calculated in respect of each of the reading, writing and mathematics progress measures as determined in accordance with the primary school accountability measure, being - in relation to the score mentioned in paragraph (b)(i) of the definition of "progress measure", the figure shown in the "readprog_upper" column of the all england ks2 data ; in relation to the score mentioned in paragraph (b)(ii) of the definition of "progress measure", the figure shown in the "writprog_upper" column of the all england ks2 data ; in relation to the score mentioned in paragraph (b)(iii) of the definition of "progress measure", the figure shown in the "matprog_upper" column of the all england ks2 data ; "primary school accountability measure" means the progress calculation methodology set out in the document entitled "primary progress measures: how the primary progress measures are calculated" with the reference "dfe-00253-2016" and published by the department for education on 19th october 2016 ; "progress measure" means - in relation to the school years 2013/2014 and 2014/2015, each of - the percentage shown in the "pt2read" column of the all england ks2 data ; the percentage shown in the "pt2writta" column of the all england ks2 data ; the percentage shown in the "pt2math" column of the all england ks2 data ; and in relation to the school year 2015/2016 and subsequent school years, each of - the score achieved by the school for the reading progress measure as determined in accordance with the primary school accountability measure, being the score shown in the "readprog" column of the all england ks2 data; the score achieved by the school for the writing progress measure as determined in accordance with the primary school accountability measure, being the score shown in the "writprog" column of the all england ks2 data; the score achieved by the school for the mathematics progress measure as determined in accordance with the primary school accountability measure, being the score shown in the "matprog" column of the all england ks2 data. coasting secondary schools 5 1 for the purposes of section 60b(1) of the education and inspections act 2006 (coasting schools), a maintained school providing ks4 education is "coasting" if it meets the coasting criteria for each school year of the most recent three successive school years for which there is all england ks4 data. 2 in paragraph (1), the "coasting criteria" are - a in relation to the school years 2013/2014 and 2014/2015, that - i the attainment measure for the school is below 60%; and ii each progress measure for the school, for the school year listed in column 1 of table 3, is below the percentage for the respective subject listed in the corresponding entry in column 2 or 3 of the table ; table 3 column 1 - school year column 2 - percentage for english column 3 - percentage for mathematics 2013/2014 74% 67% 2014/2015 73% 68% b additionally in relation to the school year 2014/2015 in respect only of a maintained school providing ks4 education which is a progress 8 early opt-in school, that - i the school's progress 8 measure for that year is below -0.25; and ii the school's upper confidence limit for that year is below zero; c in relation to the school year 2015/2016 and subsequent school years, that - i the school's progress 8 measure for the school year is below -0.25; and ii the school's upper confidence limit is below zero. 3 in this regulation - "all england ks4 data" means - the key stage 4 performance data for all of england which is downloadable in respect of the relevant school year and identified in that data as being "final key stage 4" data; or where the data in sub-paragraph (a) is not downloadable in respect of the relevant school year, the key stage 4 performance data for all of england which is downloadable in respect of the relevant school year and identified in that data as being "revised key stage 4" data; "attainment measure" means, in relation to the school years 2013/2014 and 2014/2015, the percentage shown in either the "ptac5em_ptq" or "ptac5em_ptq_ee" column (as appropriate) of the all england ks4 data ; "progress measure" means, in relation to the school years 2013/2014 and 2014/2015, each of - the percentage shown in either the "pt24engprg_ptq" or "pt24engprg_ptq_ee" column of the all england ks4 data (as appropriate) ; and the percentage shown in either the "pt24mathprg_ptq" or "pt24mathprg_ptq_ee" column of the all england ks4 data (as appropriate) ; "progress 8 accountability measure" means the progress and attainment calculation methodology set out in the document entitled "progress 8: how progress 8 and attainment 8 measures are calculated" with the reference "dfe-00252-2016" and published by the department for education on 19th october 2016 ; "progress 8 early opt-in school" means a maintained school providing ks4 education which has opted-in to the early use of the progress 8 accountability measure and is included in the document entitled "progress 8 opt in: list of schools" published by the department for education on 3rd august 2015 ; "progress 8 measure" means, in relation to the school year 2014/2015 and subsequent school years, the score achieved by the school as determined in accordance with the progress 8 accountability measure, being the score shown in the "p8mea" column of the all england ks4 data; "upper confidence limit" means in relation to the school year 2014/2015 and subsequent school years, the score achieved by the school as determined in accordance with the progress 8 accountability measure, being the figure shown in the "p8ciupp" column of the all england ks4 data. coasting all-through schools 6 the fact that a school which is providing both ks2 education and ks4 education is - a coasting under regulation 4 but not under regulation 5; or b coasting under regulation 5 but not under regulation 4, does not prevent that school from being "coasting" for the purposes of section 60b(1) of the education and inspections act 2006 (coasting schools). nick gibb minister of state department for education 9th january 2017

citation and commencement 1 these regulations may be cited as the further education loans (amendment) regulations 2017 and come into force on 1st april 2017. amendment of the further education loans regulations 2012 2 the further education loans regulations 2012 (the "2012 regulations") are amended as follows. amount of the fee loan 3 in regulation 16 (amount of the fee loan), after paragraph (3) insert - 4 the amount of a fee loan in respect of a further education course beginning in the period beginning on 1st august 2017 and ending on 31st july 2018 must not exceed the lesser of - a the maximum loan amount available in connection with that further education course determined in accordance with schedule 3, or b the amount which the institution is charging the eligible student for the further education course. long residence category 4 in part 2 of schedule 1 (eligible student categories), for paragraph 13 (long residence) substitute - 13 1 a person - a who on the first day of a designated further education course has, preceding the first day of the further education course, lived in the united kingdom throughout either - i half their life; or ii a period of twenty years; b who is ordinarily resident in the united kingdom; c who has been ordinarily resident in the united kingdom and islands throughout the three-year period preceding the first day of the further education course; and d subject to sub-paragraph (2), whose residence in the united kingdom and islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education. 2 paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the united kingdom and islands in accordance with paragraph 1(5). insertion of schedule 3 5 after schedule 2, insert schedule 3 which is set out in the schedule to these regulations. robert halfon minister of state for apprenticeships and skills department for education 9th march 2017

part 1 preliminary citation and commencement 1 this order may be cited as the wrexham gas fired generating station order 2017 and comes into force on 8th august 2017. interpretation 2 1 in this order - "the 1961 act" means the land compensation act 1961 ; "the 1965 act" means the compulsory purchase act 1965 ; "the 1980 act" means the highways act 1980 ; "the 1984 act" means the road traffic regulation act 1984 ; "the 1990 act" means the town and country planning act 1990 ; "the 1991 act" means the new roads and street works act 1991 ; "the 2008 act" means the planning act 2008 ; "access rights of way plan" means the plan identified in table 1 of schedule 2 (documents and plans to be certified) to this order and certified as the access rights of way plan by the secretary of state for the purposes of this order; "address" includes any number or address used for the purposes of electronic transmission; "apparatus" has the same meaning as in part 3 of the 1991 act; "authorised development" means the development described in schedule 1 (authorised development) to this order; "book of reference" means the document identified in table 1 of schedule 2 (documents and plans to be certified) to this order and certified by the secretary of state as the book of reference for the purposes of this order; "building" includes any structure or erection or any part of a building, structure or erection; "carriageway" has the same meaning as in the 1980 act; "commence" unless otherwise provided for means, save for the permitted preliminary works, beginning to carry out any material operation, as defined in section 155 of the 2008 act (which explains when development begins), comprised in or carried out for the purposes of the authorised development and the words "commencement" and "commenced" and cognate expressions are to be construed accordingly; "date of final commissioning" means the date on which the authorised development commences operation by generating power on a commercial basis; "design and access statement" means the document identified in table 1 of schedule 2 (documents and plans to be certified) to this order and certified as the design and access statement by the secretary of state for the purposes of this order; "design objectives statement" means the design objectives contained within the summary of design objectives at chapter 2 of the design and access statement and certified by the secretary of state as the design objectives statement for the purposes of this order; "electronic transmission" means a communication transmitted - by means of an electronic communications network; or by other means but while in electronic form; "environmental statement" means the documents identified in table 1 of schedule 2 (documents and plans to be certified) to this order and certified as the environmental statement by the secretary of state for the purposes of this order; "exhaust gas emission flue stack" means the exhaust gas emission flue stack excluding any ancillary support structures, sound proof cladding and emissions monitoring platforms; "footpath" and "footway" have the same meaning as in the 1980 act; "gross rated electrical output" means the aggregate of the gross electric power as measured at the terminals of each generator comprised in the generating station in accordance with standards agreed with the regulating authority under the environmental permitting (england and wales) regulations 2016 ; "highway" and "highway authority" have the same meaning as in the 1980 act; "illustrative foul and surface water drainage strategy" means the document identified in table 1 of schedule 2 (documents and plans to be certified) to this order and certified as the drainage strategy by the secretary of state for the purposes of this order; "illustrative landscape and ecological mitigation master plan" means the document identified in table 1 of schedule 2 (documents and plans to be certified) to this order and certified as the illustrative landscape and ecological mitigation master plan by the secretary of state for the purposes of this order; "the land plans" means the plans identified in table 1 of schedule 2 (documents and plans to be certified) to this order and certified as the land plans by the secretary of state for the purposes of this order; "limits of deviation" means, in respect of numbered works 1, 3, 4 and 5 inclusive the outer limits of the corresponding numbered area shown on the works plan; "maintain" includes to the extent assessed in the environmental statement inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part, but not the whole of, the authorised development, and "maintenance" and "maintaining" are to be construed accordingly; "national grid" means national grid gas plc (company no. 02006000) whose registered office is at 1-3 strand, london wc2n 5eh; "nrw" means the natural resources body for wales and any statutory successors from time to time performing the same functions; "this order" means the wrexham gas fired generating station order 2017; "order land" means the land which is required for, or is required to facilitate, or is incidental to, or is affected by, the authorised development shown on the land plans and described in the book of reference; "order limits" means the limits shown on the works plan within which the authorised development may be carried out; "owner", in relation to land, has the same meaning as in section 7 of the acquisition of land act 1981 (interpretation) ; "permitted preliminary works" means any investigation works that may be required pursuant to requirement 5 (ground investigation), requirement 6 (piling) or requirement 8 (archaeology); "relevant planning authority" means the planning authority for the area in which the authorised development is situated; "requirements" means those matters set out in schedule 3 (requirements) to this order; "start-up and shut-down" means the periods of 30 minutes before the opening up of construction sites (start-up) and 30 minutes following the end of the working day (shut-down), during which the arrival of workers, changing into and out of work wear, pre-job briefing and leaving the site prior to closing and securing the site take place; "statutory undertaker" means any person falling within section 127(8) of the 2008 act and includes a public communications provider as defined by section 151(1) of the communications act 2003 ; "street" means a street within the meaning of section 48 of the 1991 act, together with land on the verge of a street or between two carriageways, and includes any footpath and "street" includes any part of a street; "street authority", in relation to a street, has the same meaning as in part 3 of the 1991 act; "the tribunal" means the lands chamber of the upper tribunal; "undertaker" means wrexham power limited or any other person who for the time being has the benefit of this order in accordance with article 7 of this order; "watercourse" includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; "the works plan" means the plan identified in table 1 of schedule 2 (documents and plans to be certified) to this order and certified as the works plan by the secretary of state for the purposes of this order; and "wrexham power limited" means wrexham power limited (company no. 06762265) whose registered office is at park point, 17 high street, longbridge, birmingham b31 2uq. 2 references in this order to rights over land include references to rights to do or to place and maintain anything in, on or under land or in the air-space above its surface and references in this order to the imposition of restrictions are references to restrictive covenants over land which interfere with the interests or rights of another and are for the benefit of land over which rights are created and acquired under this order. 3 all distances, directions and lengths referred to in this order are approximate and distances between lines and/or points on a numbered work comprised in the authorised development and shown on the works plan and access rights of way plan are to be taken to be measured along that work. 4 references in this order to numbered works are references to the works comprising the authorised development as numbered in schedule 1 (authorised development) and shown on the works plan and a reference in this order to a work designated by a number, or by a combination of letters and numbers (for example, "work no. 1a" or "numbered work 1a"), is a reference to the work so designated in schedule 1 (authorised development) and a reference to "work no. 1" or "numbered work 1" means numbered works 1a to 1g inclusive, and a reference to "work no.2" or "numbered work 2" means numbered works 2a and 2b inclusive. 5 the expression "includes" is to be construed without limitation. 6 all areas described in square metres in the book of reference are approximate. 7 references to any statutory body include that body's successor bodies as from time to time have jurisdiction over the authorised development. part 2 principal powers development consent etc. granted by the order 3 1 subject to the provisions of this order and to the requirements, the undertaker is granted development consent for the authorised development in schedule 1 to be carried out within the order limits. 2 subject to paragraph (3) , each numbered work must be situated within the numbered area shown on the works plan. 3 in constructing each numbered work, the undertaker may construct each numbered work anywhere within the corresponding numbered area shown on the works plan up to the limits of deviation. maintenance of authorised development 4 1 the undertaker may at any time maintain the authorised development except to the extent that this order or an agreement made under this order provides otherwise. 2 this article only authorises the carrying out of maintenance works within the order limits. operation of authorised development 5 1 the undertaker is authorised to operate and use the generating station comprised in the authorised development. 2 this article does not relieve the undertaker of any requirement to obtain any permit or licence or any obligation under any legislation that may be required from time to time to authorise the operation of a generating station. benefit of this order 6 subject to article 7 (consent to transfer benefit of this order), the provisions of this order have effect solely for the benefit of the undertaker. consent to transfer benefit of this order 7 1 subject to paragraph (4) , the undertaker may - a transfer to another person ("the transferee") any or all of the benefit of the provisions of this order (including any of the numbered works) and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or b grant to another person ("the lessee") for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this order (including any of the numbered works) and such related statutory rights as may be agreed in writing by the undertaker and the lessee. 2 where a transfer, or grant, has been made in accordance with paragraph (1) references in this order to the undertaker include references to the transferee or lessee. 3 the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this order if those benefits or rights were exercised by the undertaker. 4 the consent of the secretary of state is required for the exercise of the powers of paragraph (1) except where - a the transferee or lessee is the holder of a licence under section 6 of the electricity act 1989 or section 7 of the gas act 1986 ; or b the time limits for all claims for compensation in respect of the acquisition of land or effects upon land under this order have elapsed and - i no such claims have been made; ii any such claims that have been made have all been compromised or withdrawn; iii compensation has been paid in final settlement of all such claims; iv payment of compensation into court in lieu of settlement of all such claims has taken place; or v it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable. 5 where the consent of the secretary of state is not required under paragraph (4) , the undertaker must notify the secretary of state in writing before transferring or granting a benefit referred to in paragraph (1) . 6 the notification referred to in paragraph (5) must state - a the name and contact details of the person to whom the benefit of the powers will be transferred or granted; b subject to paragraph (7), the date on which the transfer will take effect; c the powers to be transferred or granted; d pursuant to paragraph (3), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; e where relevant, a plan showing the works or areas to which the transfer or grant relates; and f a copy of the document effecting the transfer or grant signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted. 7 the date specified under paragraph (6)(b) must not be earlier than the expiry of five working days from the date of the receipt of the notice. 8 the notice given under paragraph (6) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice. defence to proceedings in respect of statutory nuisance 8 1 where proceedings are brought under section 82(1) of the environmental protection act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine may be imposed, under section 82(2) of that act if the defendant shows that the nuisance - a relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) or 65 (noise exceeding registered level), of the control of pollution act 1974 ; b is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or c is a consequence of the use of the authorised development and that it cannot reasonably be avoided. 2 section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the environmental protection act 1990) of the control of pollution act 1974 and section 65(8) of that act (corresponding provision in relation to consent for registered noise level to be exceeded), do not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development. part 3 streets power to alter layout, etc. of streets 9 1 the undertaker may for the purposes of the authorised development permanently alter the layout of or carry out any works in the street in the case of permanent works as specified in column (2) of schedule 4 (streets subject to permanent alteration of layout) in the manner specified in relation to that street in column (3) in the manner specified in relation to that street in column (3). 2 without prejudice to the specific powers conferred by paragraph (1) but subject to paragraphs (3) and (4) , the undertaker may, for the purposes of constructing, operating and maintaining the authorised development alter the layout of any street within the order limits and, without limitation on the scope of this paragraph, the undertaker may - a alter the level or increase the width of any kerb, footway, cycle track or verge; or b make and maintain passing place(s). 3 the undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority. 4 the powers conferred by paragraph (2) must not be exercised without the consent of the street authority. 5 if a street authority fails to notify the undertaker of its decision within eight weeks of receiving an application for consent under paragraph (4) (or such longer period as may be agreed with the undertaker in writing), that street authority is deemed to have granted consent. 6 paragraphs (3) , (4) and (5) do not apply where the undertaker is the street authority for a street in which the works are being carried out. street works 10 1 the undertaker may, for the purposes of the authorised development or any other development necessary for the authorised development that takes place within the order land, enter on so much of any of the streets specified in schedule 5 (streets subject to street works) as is within the order land and may - a break up or open the street, or any sewer, drain or tunnel under it; b drill, tunnel or bore under the street; c place and keep apparatus in the street; d maintain apparatus in the street or change its position; and e execute any works required for or incidental to any works referred to in sub-paragraphs (a) , (b) , (c) and (d) . 2 the authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 act. 3 where the undertaker is not the street authority, the provisions of sections 54 to 106 of the 1991 act apply to any street works carried out under paragraph (1) . temporary prohibition or restriction of use of streets 11 1 the undertaker, during and for the purposes of carrying out the authorised development or any other development necessary for the authorised development that takes place within the order land, may temporarily alter, divert, prohibit the use of or restrict the use of any street and may for any reasonable time - a divert the traffic from the street; and b subject to paragraph (3) , prevent all persons from passing along the street. 2 without prejudice to the scope of paragraph (1) , the undertaker may use any street where the use has been prohibited or restricted under the powers conferred by this article and within the order land as a temporary working site. 3 the undertaker must provide reasonable access for non-motorised users (including pedestrians) going to or from premises abutting a street affected by the temporary alteration, diversion, prohibition or restriction of a street under this article if there would otherwise be no such access. 4 without prejudice to the generality of paragraph (1) , the undertaker may temporarily alter, divert, prohibit the use of or restrict the use of the streets specified in columns (1) and (2) of schedule 6 (temporary prohibition or restriction of the use of streets) to the extent specified in column (3) of that schedule. 5 the undertaker must not temporarily alter, divert, prohibit the use of or restrict the use of - a any street specified in paragraph (4) without first consulting the street authority; or b any other street without the consent of the street authority which may attach reasonable conditions to any consent. 6 if a street authority fails to notify the undertaker of its decision within eight weeks of receiving an application for consent under paragraph (5)(b) (or such longer period as may be agreed with the undertaker in writing) that street authority is deemed to have granted consent. access to works 12 the undertaker may, for the purposes of the authorised development or any other development necessary for the authorised development that takes place within the order land - a form and layout the permanent means of access, or improve existing means of access, in the locations specified in schedule 4 (streets subject to permanent alteration of layout); and b with the approval of the relevant planning authority after consultation with the highway authority, form and layout such other means of access or improve the existing means of access, at such locations within the order land as the undertaker reasonably requires for the purposes of the authorised development or any other development necessary for the authorised development that takes place within the order land. agreements with street authorities 13 1 a street authority and the undertaker may enter into agreements with respect to - a the construction of any new street including any structure carrying the street; b the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this order; c the maintenance of the structure of any bridge or tunnel carrying a street; or d any alteration, diversion, prohibition or restriction in the use of a street authorised by this order. 2 such an agreement may, without prejudice to the generality of paragraph (1) - a make provision for the street authority to carry out any function under this order which relates to the street in question; b include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and c contain such terms as to payment and otherwise as the parties consider appropriate. traffic regulation 14 1 subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with the construction of the authorised development or any other development necessary for the authorised development that takes place within the order land, at any time prior to when the authorised development first becomes operational - a permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road; and b make provision as to the direction or priority of vehicular traffic on any road, either at all times or at times, on days or during such periods as may be specified by the undertaker. 2 the undertaker must not exercise the powers under paragraph (1) of this article unless it has - a given not less than 4 weeks' notice in writing of its intention so to do to the traffic authority in whose area the road is situated; and b advertised its intention in such manner as the traffic authority may specify in writing within 7 days of its receipt of notice of the undertaker's intention in the case of sub-paragraph (a) . 3 any prohibition, restriction or other provision made by the undertaker under article 11 or paragraph (1) of this article has effect as if duly made by, as the case may be - a the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 act; or b the local authority in whose area the road is situated as an order under section 32 of the 1984 act, and the instrument by which it is effected is deemed to be a traffic order for the purposes of schedule 7 to the traffic management act 2004 (road traffic contraventions subject to civil enforcement) . 4 in this article - a subject to sub-paragraph (b) expressions used in this article and in the 1984 act have the same meaning; and b a "road" means a road that is a public highway maintained by and at the expense of the traffic authority. 5 if the traffic authority fails to notify the undertaker of its decision within eight weeks of receiving an application for consent under paragraph (1) the traffic authority is deemed to have granted consent. part 4 supplemental powers discharge of water 15 1 the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development or any other development necessary for the authorised development that takes place within the order land and for that purpose may lay down, take up and alter pipes and may, on any land within the order land, make openings into, and connections with, the watercourse, public sewer or drain. 2 any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) must be determined as if it were a dispute under section 106 of the water industry act 1991 (right to communicate with public sewers). 3 the undertaker may not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but may not be unreasonably withheld. 4 the undertaker must not make any opening into any public sewer or drain except - a in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 the undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 6 this article does not authorise any groundwater activity or water discharge activity for which an environmental permit would be required under regulation 12 of the environmental permitting (england and wales) regulations 2016 . 7 in this article - a "public sewer or drain" means a sewer or drain which belongs to nrw, a harbour authority within the meaning of section 57 of the harbours act 1964 (interpretation), an internal drainage board, a joint planning board, a local authority, a national park authority, a sewerage undertaker or an urban development corporation; and b other expressions, excluding watercourse, used both in this article and in the water resources act 1991 have the same meaning as in that act. authority to survey and investigate the land 16 1 the undertaker may for the purposes of this order enter on any land shown within the order land or on any land which may be affected by the authorised development or any other development necessary for the authorised development that takes place within the order land and - a survey or investigate the land; b without prejudice to the generality of sub-paragraph (a) , make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; c without prejudice to the generality of sub-paragraph (a) , carry out ecological or archaeological investigations on such land; and d place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 2 no land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land. 3 any person entering land under this article on behalf of the undertaker - a must, if so required, before or after entering the land, produce written evidence of their authority to do so; and b may take on to the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. 4 no trial holes are to be made under this article - a in land located within the highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority, but such consent must not be unreasonably withheld. 5 if either the highway authority or street authority fails to notify the undertaker of its decision within eight weeks of receiving an application for consent (or such longer period as may be agreed with the undertaker in writing) - a under paragraph (4)(a) in the case of the highway authority; or b under paragraph (4)(b) in the case of the street authority, that authority is deemed to have granted consent. 6 the undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under part 1 (determination of questions of disputed compensation) of the 1961 act. part 5 powers of acquisition compulsory acquisition of land 17 1 the undertaker may acquire compulsorily so much of the order land as is required for the authorised development or to facilitate it, or as is incidental to it. 2 this article is subject to article 18 (compulsory acquisition of rights etc), article 22 (acquisition of subsoil only) and article 26 (temporary use of land for carrying out the authorised development). compulsory acquisition of rights etc 18 1 the undertaker may acquire compulsorily the existing rights over land and create and acquire compulsorily the new rights and impose the restrictions described in the book of reference and shown on the land plans. 2 subject to section 8 of the 1965 act (provisions as to divided land) where the undertaker creates or acquires a right over land or imposes a restriction under paragraph (1) , the undertaker is not required to acquire a greater interest in that land. 3 schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictions) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restriction. 4 in any case where the creation and acquisition of new rights or the imposition of a restriction under paragraph (1) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the secretary of state, transfer the power to create and acquire such rights or impose such restrictions to the statutory undertaker in question. 5 the exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (4) is subject to the same restrictions, liabilities and obligations as would apply under this order if that power were exercised by the undertaker. 6 subject to the modifications set out in schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictions) the enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply in the case of a compulsory acquisition under this order in respect of a right by the creation of a new right or imposition of a restriction as they apply to the compulsory purchase of land and interests in land. application of the compulsory purchase (vesting declarations) act 1981 19 1 the compulsory purchase (vesting declarations) act 1981 applies as if this order were a compulsory purchase order. 2 the compulsory purchase (vesting declarations) act 1981, as so applied, has effect with the following modifications. 3 section 5 (earliest date for execution of declaration) is omitted. 4 section 5a (time limit for general vesting declaration) is omitted. 5 in section 5b (extension of time limit during challenge) - a for "section 23 of the acquisition of land act 1981 (application to high court in respect of compulsory purchase order)" substitute "section 118 of the planning act 2008 (legal challenges relating to applications for orders granting development consent)"; and b for "the three year period mentioned in section 4" substitute "the five year period mentioned in article 20 of the wrexham gas fired generating station order 2017". 6 in section 7 (constructive notice to treat), in subsection (1)(a), the words "(as modified by section 4 of the acquisition of land act 1981)" are omitted. 7 in schedule a1 (counter-notice requiring purchase of land not in general vesting declaration), omit paragraph 1(2). 8 references to the 1965 act in the compulsory purchase (vesting declarations) act 1981 must be construed as references to that act as applied by section 125 of the 2008 act (as modified by article 23 (application of part 1 of the compulsory purchase act 1965)) to the compulsory acquisition of land under this order. time limit for exercise of authority to acquire land compulsorily 20 1 after the end of the period of 5 years beginning on the day on which the order is made - a no notice to treat may be served under part 1 of the 1965 act; and b no declaration may be executed under section 4 of the compulsory purchase (vesting declarations) act 1981 as applied by article 19 (application of the compulsory purchase (vesting declarations) act 1981). 2 the authority conferred by article 26 (temporary use of land for carrying out the authorised development) must cease at the end of the period referred to in paragraph (1) , save that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. statutory authority to override easements and other rights 21 1 the carrying out or use of the authorised development or any other development necessary for the authorised development that takes place within the order land and the doing of anything else authorised by this order is authorised for the purpose specified in section 158(1) of the 2008 act (nuisance: statutory authority), notwithstanding that it involves - a an interference with an interest or right to which this article applies; or b a breach of a restriction as to use of land arising by virtue of contract. 2 the undertaker must pay compensation to any person whose land is injuriously affected by - a an interference with an interest or right to which this article applies; or b a breach of a restriction as to use of land arising by virtue of contract, caused by the carrying out or use of the authorised development and the operation of section 158 of the 2008 act. 3 the interests and rights to which this article applies are any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support. 4 subsection (2) of section 10 of the 1965 act applies to paragraph (2) by virtue of section 152(5) of the 2008 act (compensation in case where no right to claim in nuisance). 5 any rule or principle applied to the construction of section 10 of the 1965 act applies to the construction of paragraph (2) (with any necessary modifications). acquisition of subsoil only 22 1 the undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 17 (compulsory acquisition of land) and paragraph (1) of article 18 (compulsory acquisition of rights etc) as may be required for any purpose for which that land or rights or restrictions over that land may be created and acquired or imposed under that provision instead of acquiring the whole of the land. 2 where the undertaker acquires any part of, or rights in, the subsoil of land under paragraph (1) , the undertaker is not to be required to acquire an interest in any other part of the land. 3 paragraph (2) does not prevent schedule 2a to the 1965 act (as modified by article 23 (application of part 1 of the compulsory purchase act 1965) from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory. application of part 1 of the compulsory purchase act 1965 23 1 part 1 of the 1965 act, as applied to this order by section 125 (application of compulsory acquisition provisions) of the 2008 act, is modified as follows. 2 in section 4a(1) (extension of time limit during challenge) - a for "section 23 of the acquisition of land act 1981 (application to high court in respect of compulsory purchase order)" substitute "section 118 of the planning act 2008 (legal challenges relating to applications for orders granting development consent)"; and b for "the three year period mentioned in section 4" substitute "the five year period specified in article 20 of the wrexham gas fired generating station order 2017". 3 in section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for "section 4 of this act" substitute "article 20 of the wrexham gas fired generating station order 2017". 4 in schedule 2a - a omit paragraphs 1(2) and 14(2); and b at the end insert - part 4 interpretation 30 in this schedule, references to entering on and taking possession of land do not include doing so under article 26 (temporary use of land for carrying out the authorised development) or article 27 (temporary use of land for maintaining the authorised development) of the wrexham gas fired generating station order 2017. . private rights 24 1 subject to the provisions of this article, all private rights and restrictions over land subject to compulsory acquisition under this order are extinguished - a as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 act (power of entry), whichever is the earliest. 2 subject to the provisions of this article, all private rights and restrictions over land subject to the compulsory acquisition of rights or imposition of restrictions under this order are suspended and unenforceable or, where so notified by the undertaker, extinguished in so far as in either case their continuance would be inconsistent with the exercise of the right - a as from the date of acquisition of the right by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 act (power of entry) in pursuance of the right, whichever is the earliest. 3 subject to the provisions of this article, all private rights and restrictions over land owned by the undertaker are extinguished on commencement of any activity authorised by this order which interferes with or breaches such rights or restrictions. 4 subject to the provisions of this article, all private rights or restrictions over land of which the undertaker takes temporary possession under this order are suspended and unenforceable for so long as the undertaker remains in lawful possession of the land and so far as their continuance would be inconsistent with the exercise of the temporary possession of that land. 5 any person who suffers loss by the extinguishment or suspension of any private right or restriction under this order is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 6 this article does not apply in relation to any right to which section 138 of the 2008 act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 28 (statutory undertakers) applies. 7 paragraphs (1) , (4) and (5) is to have effect subject to - a any notice given by the undertaker before - i the completion of the acquisition of the land or the creation and acquisition of rights or the imposition of restrictions over land; ii the undertaker's appropriation of it; iii the undertaker's entry onto it; or iv the undertaker's temporary possession of it, that any or all of those paragraphs are not to apply to any right specified in the notice; and b any agreement made, in so far as it relates to the authorised development, at any time between the undertaker and the person in or to whom the right or restriction in question is vested, belongs or benefits. 8 if any such agreement as is referred to in paragraph (7)(b) - a is made with a person in or to whom the right or restriction is vested, belongs or benefits; and b is expressed to have effect also for the benefit of those deriving title from or under that person, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 9 references in this article to private rights and restrictions over land includes any trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support. rights under or over streets 25 1 the undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the order land as may be required for the purposes of the authorised development or any other development necessary for the authorised development that takes place within the order land and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development or any other development necessary for the authorised development that takes place within the order land. 2 subject to paragraph (3) , the undertaker may exercise any power conferred by paragraph (1) in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street. 3 paragraph (2) does not apply in relation to - a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 4 the undertaker must repair and make good at its own expense and to the reasonable satisfaction of the street authority any damage caused to a street or to any bridge apparatus, highway structure or street furniture in the street belonging to the street authority by virtue of its occupation and appropriation of the subsoil of, or airspace over, the street under this article. 5 subject to paragraph (6) , any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person's interest in the land, and who suffers loss by the exercise of that power, is to be entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 6 compensation is not payable under paragraph (5) to any person who is an undertaker to whom section 85 of the 1991 act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section. temporary use of land for carrying out the authorised development 26 1 the undertaker may in connection with the carrying out of the authorised development or any other development necessary for the authorised development that takes place within the order land - a enter on and take possession of - i so much of the land specified in columns (1) and (2) of schedule 8 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that schedule; or ii any other order land in respect of which no notice of entry has been served under section 11 of the 1965 act (powers of entry) (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the compulsory purchase (vesting declarations) act 1981 (execution of declaration); b remove any buildings, fences, debris and vegetation from that land; c construct temporary works (including the provision of means of access) and buildings on that land; and d construct any works specified in relation to that land in column (3) of schedule 8 (land of which temporary possession may be taken), or any other mitigation works. 2 not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 3 the undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article - a in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of final commissioning of the authorised development; or b in the case of land referred to in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of final commissioning of the authorised development unless the undertaker has, before the end of that period, served notice of entry under section 11 of the 1965 act or made a declaration under section 4 of the compulsory purchase (vesting declarations) act 1981 or has otherwise acquired the land subject to temporary possession. 4 unless the undertaker has served notice of entry under section 11 of the 1965 act or made a declaration under section 4 of the compulsory purchase (vesting declarations) act 1981 or has otherwise acquired the land subject to temporary possession, the undertaker must before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land but the undertaker is not to be required to replace a building or any debris removed under this article. 5 the undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. 6 any dispute as to a person's entitlement to compensation under paragraph (5) , or as to the amount of the compensation, is to be determined under part 1 of the 1961 act. 7 nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 act (further provisions as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5) . 8 the undertaker may not compulsorily acquire under this order the land referred to in paragraph (1)(a)(i) . 9 nothing in this article precludes the undertaker from - a creating and acquiring new rights or imposing restrictions over any part of the order land identified in part 1 of the book of reference under article 18 (compulsory acquisition of rights etc); or b acquiring any right in the subsoil of any part of the order land identified in part 1 of the book of reference under article 22 (acquisition of subsoil only) or article 25 (rights under or over streets). 10 where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it. 11 section 13 of the 1965 act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of section 125 of the 2008 act (application of compulsory acquisition provisions). 12 nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in schedule 8 (land of which temporary possession may be taken). temporary use of land for maintaining the authorised development 27 1 subject to paragraph (2) , at any time during the maintenance period relating to any part of the authorised development, the undertaker may - a enter on and take temporary possession of any land within the order limits if such possession is reasonably required for the purpose of maintaining the authorised development; and b construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. 2 paragraph (1) does not authorise the undertaker to take temporary possession of - a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 4 the undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken. 5 before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 6 the undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. 7 any dispute as to a person's entitlement to compensation under paragraph (6) , or as to the amount of the compensation, is to be determined under part 1 of the 1961 act. 8 nothing in this article affects any liability to pay compensation under section 10(2) of the 1965 act (further provisions as to compensation for injurious affection) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6) . 9 where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it. 10 section 13 of the 1965 act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of section 125 of the 2008 act (application of compulsory acquisition provisions). 11 in this article "the maintenance period" means the period of 5 years beginning with the date of final commissioning. statutory undertakers 28 subject to the provisions of schedule 9 (protective provisions), the undertaker may - a acquire compulsorily the land belonging to statutory undertakers within the order land; b extinguish or suspend the rights of or restrictions for the benefit of, and remove or reposition the apparatus belonging to, statutory undertakers on, under, over or within the order land; and c create and acquire compulsorily the rights and/or impose restrictions over any order land belonging to statutory undertakers. apparatus and rights of statutory undertakers in streets 29 where a street is altered or diverted or its use is temporarily prohibited or restricted under article 9 (power to alter layout, etc. of streets), or article 11 (temporary prohibition or restriction of use of streets) any statutory undertaker whose apparatus is under, in, on, along or across the street is to have the same powers and rights in respect of that apparatus, subject to schedule 9 (protective provisions), as if this order had not been made. recovery of costs of new connection 30 1 where any apparatus of a public utility undertaker or of a public communications provider is removed under article 28 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is to be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 2 paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 28 (statutory undertakers) any person who is - a the owner or occupier of premises the drains of which communicated with the sewer; or b the owner of a private sewer which communicated with that sewer, is to be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant. 3 this article does not have effect in relation to apparatus to which article 29 (apparatus and rights of statutory undertakers in streets) or part 3 of the 1991 act applies. 4 in this paragraph - "public communication provider" has the same meaning as in section 151(1) of the communications act 2003; and "public utility undertaker" has the same meaning as in the 1980 act. part 6 miscellaneous and general felling or lopping of trees and removal of hedgerows 31 1 the undertaker may fell or lop any tree or shrub within or overhanging land within the order land or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub - a from obstructing or interfering with the construction, maintenance or operation of the authorised development or any other development necessary for the authorised development that takes place within the order land or any apparatus used in connection with the authorised development or any other development necessary for the authorised development that takes place within the order land; or b from constituting a danger to persons using the authorised development or any other development necessary for the authorised development that takes place within the order land. 2 in carrying out any activity authorised by paragraph (1) and paragraph (4), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity. 3 any dispute as to a person's entitlement to compensation under paragraph (2) , or as to the amount of compensation, is to be determined under part 1 of the 1961 act. 4 the undertaker may, for the purposes of the authorised development or any other development necessary for the authorised development that takes place within the order land subject to paragraph (2) , remove any hedgerows within the order land if it reasonably believes it to be necessary to do so for the purposes of carrying out, maintaining or using the authorised development or any other development necessary for the authorised development that takes place within the order land. 5 in this article "hedgerow" has the same meaning as in the environment act 1995. application of landlord and tenant law 32 1 this article applies to - a any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and b any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person's use. 2 no enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies. 3 accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to - a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. operational land for purposes of the 1990 act 33 development consent granted by this order is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 act (cases in which land is to be treated as not being operational land). protective provisions 34 schedule 9 (protective provisions) has effect. certification of plans etc. 35 1 the undertaker must, as soon as practicable after the making of this order, submit to the secretary of state copies of all documents and plans listed in table 1 of schedule 2 (documents and plans to be certified) to this order for certification that they are true copies of the documents referred to in this order. 2 a plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy. service of notices 36 1 a notice or other document required or authorised to be served for the purposes of this order may be served - a by post; b by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or c with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission. 2 where the person on whom a notice or other document to be served for the purposes of this order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 for the purposes of section 7 of the interpretation act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise - a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and b in any other case, the last known address of that person at the time of service. 4 where for the purposes of this order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by - a addressing it to that person by name or by the description of "owner", or as the case may be "occupier", of the land (describing it); and b either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 where a notice or other document required to be served or sent for the purposes of this order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where - a the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission; b the notice or document is capable of being accessed by the recipient; c the notice or document is legible in all material respects; and d in a form sufficiently permanent to be used for subsequent reference. 6 where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within seven days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 7 any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8) . 8 where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this order - a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is to be final and is to take effect on a date specified by the person in the notice but that date must not be less than seven days after the date on which the notice is given. 9 this article does not exclude the employment of any method of service not expressly provided for by it. procedure in relation to certain approvals 37 1 where an application is made to or a request is made of the relevant planning authority, highway authority, traffic authority, street authority, the owner of a watercourse, sewer or drain or the beneficiary of any of the protective provisions contained in schedule 9 (protective provisions) for any consent, agreement or approval required or contemplated by any of the provisions of the order (not including the requirements but including the protective provisions contained in schedule 9), such consent, agreement or approval to be validly given, must be given in writing and must not be unreasonably withheld or delayed. 2 schedule 10 (procedure for discharge of requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to the requirements in schedule 3 (requirements). 3 save for applications made pursuant to schedule 10 (procedure for discharge of requirements), if, within eight weeks after the application or request has been submitted to an authority, beneficiary of protective provisions or an owner as referred to in paragraph (1) of this article (or such longer period as may be agreed with the undertaker in writing) it has not notified the undertaker of its disapproval and the grounds of disapproval, it is deemed to have approved the application or request. 4 the procedure set out in paragraph 3(1) of schedule 10 (procedure for discharge of requirements) has effect in relation to any refusal by an authority, beneficiary of protective provisions, or an owner as referred to in paragraph (1) of this article to any consent, agreement or approval required under this order, including such as may be required pursuant to the protective provisions contained within schedule 9 (protective provisions). 5 where any application is made as described in paragraph (1) , the undertaker must include a statement in such application that refers to the timeframe for consideration of the application and the consequences of failure to meet that timeframe as prescribed by paragraph (3). arbitration 38 any difference under any provision of this order, unless otherwise provided for, is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the secretary of state. funding 39 1 the undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either - a a guarantee and the amount of that guarantee approved by the secretary of state in respect of the liabilities of the undertaker to pay compensation under this order in respect of the exercise of the relevant power in relation to that land; or b an alternative form of security and the amount of that security for that purpose approved by the secretary of state. 2 the provisions are - a article 17 (compulsory acquisition of land); b article 18 (compulsory acquisition of rights etc); c article 22 (acquisition of subsoil only); d article 24 (private rights); e article 25 (rights under or over streets); f article 26 (temporary use of land for carrying out the authorised development); g article 27 (temporary use of land for maintaining the authorised development); and h article 28 (statutory undertakers). 3 a guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person. 4 nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised. signed by authority of the secretary of state for business, energy and industrial strategy giles scott head of energy infrastructure planning and coal liabilities department for business, energy and industrial strategy 18th july 2017

citation and commencement 1 these regulations may be cited as the environmental damage (prevention and remediation) (england) (amendment etc.) regulations 2017 and come into force on 1st april 2018. amendment of the environmental damage (prevention and remediation) (england) regulations 2015 2 the environmental damage (prevention and remediation) (england) regulations 2015 are amended as follows. amendment of regulation 2 3 in regulation 2(1) - a in the definition of "local authority", after "means" insert "(except in relation to a local authority in wales)"; b after the definition of "site of special scientific interest" insert - "the welsh zone" has the same meaning as in section 158(1) of the government of wales act 2006 . . amendment of regulation 10 4 1 regulation 10 is amended as follows. 2 for paragraph (2) substitute - 2 if the environment agency or the natural resources body for wales is responsible for granting the permit, these regulations are to be enforced - a if the damage is to marine waters in the welsh zone, or to a natural habitat or protected species or a site of special scientific interest in those waters, by the welsh ministers; b in any other case, by the environment agency. . 3 in paragraph (3) - a in the words before sub-paragraph (a), for "the", in the first place it occurs, substitute "a"; b in sub-paragraph (b) - i for paragraph (iv) substitute - iv the secretary of state, if the damage is to marine waters lying beyond 12 nautical miles from the baselines in england, other than any lying in the welsh zone, or to a natural habitat or protected species or a site of special scientific interest in those waters; ; ii after paragraph (v) insert - vi the welsh ministers, if the damage is to marine waters in the welsh zone, or to a natural habitat or protected species or a site of special scientific interest, in those waters. . 4 after paragraph (3) insert - 4 if a local authority in wales is responsible for granting the permit, these regulations are to be enforced - a if the damage is to marine waters in the welsh zone, or to a natural habitat or protected species or a site of special scientific interest in those waters, by the welsh ministers; b in any other case, by the environment agency. 5 in this regulation, "local authority in wales" means a county council or a county borough council in wales. . amendment of regulation 11 5 1 regulation 11 is amended as follows. 2 for paragraph (1) substitute - 1 if the damage caused is caused by an activity that does not require a permit or registration under the environmental permitting (england and wales) regulations 2016 , these regulations are to be enforced in accordance with the provisions set out in the table in schedule 2a. . 3 in paragraph (2) - a in the words before the definitions, for "this regulation" substitute "schedule 2a"; b in the definition of "specified marine activity", for paragraph (f) substitute - f an activity (other than any specified in paragraphs (a) to (e)) which - i is carried out in the scottish zone or in an area outside the scottish zone, but nearer to any point on the baselines from which the breadth of the territorial sea adjacent to scotland is measured than to any point on the baselines in any other part of the united kingdom; and ii relates to a matter which is a reserved matter by virtue of section d2 in part 2 of schedule 5 to the scotland act 1998 (oil and gas) ; g an activity (other than any specified in paragraphs (a) to (e)) which - i is carried out in the welsh zone; and ii relates to a matter which is a reserved matter by virtue of section d2 in part d2 of schedule 7a to the government of wales act 2006 (oil and gas) . . amendment of regulation 20 6 in regulation 20, before paragraph (1), insert - a1 where a responsible operator has received a notice from the enforcing authority under regulation 18, it must without delay identify potential remedial measures in accordance with schedule 3 and submit them in writing to the enforcing authority for its approval. . amendment of schedule 1 7 in schedule 1, for paragraph 5 substitute - 5 1 damage to a protected site or natural habitat and damage to a site of special scientific interest do not include damage caused by an act expressly authorised by the relevant authorities in accordance with - a the conservation (natural habitats, &c.) regulations 1994 ; b the offshore petroleum activities (conservation of habitats) regulations 2001 ; c the offshore marine conservation (natural habitats, &c.) regulations 2007 ; d the conservation of habitats and species regulations 2010 ; e the conservation of habitats and species regulations 2017 ; f the conservation of offshore marine habitats and species regulations 2017 . 2 damage to sites of special scientific interest does not include, in the case of a site that is not a european site, damage caused by an act expressly authorised by the relevant authorities in accordance with part 2 of the wildlife and countryside act 1981 . 3 in sub-paragraph (2), "european site" has the same meaning as in regulation 8 of the conservation of habitats and species regulations 2010 . . insertion of new schedule 2a 8 after schedule 2, insert schedule 2a as set out in the schedule. saving 9 in relation to damage caused before the date on which these regulations come into force, nothing in regulation 7 affects the application of paragraph 5 of schedule 1 to the environmental damage (prevention and remediation) (england) regulations 2015 as it had effect before that date. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 23rd november 2017

citation, application and commencement 1 1 these regulations may be cited as the common agricultural policy basic payment and support schemes (england) (amendment) regulations 2017. 2 they apply in england only. 3 they come into force on 1st january 2018 and apply to aid applications relating to each year beginning with 1st january and ending on 31st december. amendment of the common agricultural policy basic payment and support schemes (england) regulations 2014 2 the common agricultural policy basic payment and support schemes (england) regulations 2014 are amended as follows. amendment of regulation 2 (interpretation) 3 in regulation 2(1), for the definition of "the direct payments delegated regulation" substitute - "the direct payments delegated regulation" means commission delegated regulation ( eu ) no 639/2014 supplementing the direct payments regulation . amendment of regulation 13 (ecological focus areas) 4 regulation 13 is amended as follows. 1 after paragraph (1) insert - 1a for the purposes of article 45(2) of the direct payments delegated regulation, land must lie fallow in the period which runs from and including 1st january up to and including 30st june. 2 in paragraph (2), for the words from "landscape" to the end substitute "the landscape feature selected is as listed in point (a) of the first sub-paragraph of that article (hedges, wooded strips or trees in line)". 3 in paragraph (3), for the words from "the minimum" to "smr 10, is" substitute "buffer strips and field margins must be at least". 4 in paragraph (4) - a in sub-paragraph (b)(i) for "31st august" substitute "20th august"; b in sub-paragraph (b)(ii) for "1st october" substitute "14th october". 5 omit paragraph 6. george eustice minister of state department for environment, food and rural affairs 1st december 2017

citation and commencement 1 these regulations may be cited as the healthy start scheme and welfare food (miscellaneous amendments) regulations 2017 and come into force on 27th november 2017. amendment of the healthy start scheme and welfare food (amendment) regulations 2005 2 1 the healthy start scheme and welfare food (amendment) regulations 2005 are amended as follows. 2 in regulation 3 (entitlement to benefit), in paragraph (2), for sub-paragraph (b) substitute - b healthy start vitamins for every four weeks of entitlement. . 3 in regulation 5a (healthy start vitamins and payments in lieu) - a in paragraph (1), for "tablets or vitamin drops containing vitamins" substitute "products containing vitamins, of a form and quantity, which the secretary of state has determined are"; b in paragraph (2), omit "prescribed number or amount of". 4 after regulation 7 insert - functions of the nhs business services authority 7a 1 the nhs business services authority shall have the function of entering into and managing, on behalf of the secretary of state, framework agreements, contracts and arrangements with persons who - a manufacture healthy start vitamins; b store healthy start vitamins; and c make arrangements for, or in connection with, the distribution and supply of healthy start vitamins. 2 when requested by the secretary of state, the nhs business services authority shall have the function, on behalf of the secretary of state, of - a carrying out administrative functions relating to the supply of healthy start food and healthy start vitamins; b requesting and receiving information referred to in regulation 15. 3 in this regulation, "nhs business services authority" means the authority established by the nhs business services authority (awdurdod gwasanaethau busnes y gig) (establishment and constitution) order 2005 . . amendment of the welfare food regulations 1996 3 1 the welfare food regulations 1996 are amended as follows. 2 after regulation 21 insert - functions of the nhs business services authority 21a 1 when requested by the secretary of state, the nhs business services authority shall have the function, on behalf of the secretary of state, of - a carrying out administrative functions relating to the supply of milk or dried milk by a day care provider approved as a supplier under part v; b requesting and receiving information referred to in regulation 21. 2 in paragraph (1), the "nhs business services authority" means the authority established by the nhs business services authority (awdurdod gwasanaethau busnes y gig) (establishment and constitution) order 2005. . signed by authority of the secretary of state for health. jackie doyle-price parliamentary under-secretary of state, department of health 26th october 2017

citation 1 this order may be cited as the deregulation act 2015 (commencement no. 7) order 2017. provision relating to motor racing on public ways coming into force on 10th march 2017 2 1 the day appointed for the coming into force of the provisions of the deregulation act 2015 specified in paragraph (2) is 10th march 2017. 2 the provisions specified are - a section 73 (motor racing on public roads: general); b section 74 (motor racing: road closures); and c section 75 (motor racing: consequential amendments). signed by the authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 8th march 2017

citation and commencement 1 these regulations may be cited as the childcare (miscellaneous amendments) regulations 2017 and come into force on 3rd april 2017. amendment of the early years foundation stage (learning and development requirements) order 2007 2 1 the early years foundation stage (learning and development requirements) order 2007 is amended as follows. 2 in article 2 (interpretation) - a in the definition of "the document", for "31st march 2014 on the website of the department for education" substitute "3rd march 2017 on the gov.uk website"; b after the definition of "the document" insert - "the relevant provisions of the document" means the provisions in sections 1 and 2 of the document that use the word "should". . 3 in article 3 (specification of the learning and development requirements) - a in paragraph (1), after "document" insert "that, by virtue of their use of the word "must", express requirements,"; and b in paragraph (2), for "sections 1 and 2" substitute "the relevant provisions". 4 in article 5 (requirement on chief inspector and early years childminder agencies) for "requirements and matters in sections 1 and 2" substitute "learning and development requirements and matters in the relevant provisions". 5 in article 6(1)(b) (matters to be considered by the chief inspector) , for "sections 1 and 2" substitute "the relevant provisions". 6 in article 6a(b) (matters to be considered by early years childminder agencies) , for "sections 1 and 2" substitute "the relevant provisions". 7 in article 7(1)(b) (proceedings under part 3 of the childcare act 2006) , for "sections 1 and 2" substitute "the relevant provisions". 8 after article 7 insert - review 8 1 the secretary of state must from time to time - a carry out a review of the regulatory provision in this order, b publish a report setting out the conclusions of the review. 2 the first report must be published before 3rd april 2022. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(4) of the small business, enterprise and employment act 2015 requires that a review carried out under this article must, in particular- a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this article, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business enterprise and employment act 2015 (see section 32 of that act). amendment of the childcare (early years register) regulations 2008 3 1 the childcare (early years register) regulations 2008 are amended as follows. 2 in regulation 2 (interpretation), in the definition of "appropriate first aid qualification", for "31st march 2014 on the website of the department for education" substitute "3rd march 2017on the gov.uk website". amendment of the early years foundation stage (welfare requirements) regulations 2012 4 1 the early years foundation stage (welfare requirements) regulations 2012 are amended as follows. 2 in regulation 2 (interpretation) - a in the definition of "the document", for "31st march 2014 on the website of the department for education" substitute "3rd march 2017 on the gov.uk website"; b after the definition of "relevant person" insert - "the relevant provisions of the document" means the provisions in section 3 of the document that use the word "should". . 3 for regulation 2a substitute - review 2a 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in regulations 2 to 6 and in regulation 8a, b publish a report setting out the conclusions of the review. 2 the first report must be published before 1st january 2021. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(4) of the small business, enterprise and employment act 2015 requires that a review carried out under this article must, in particular- a set out the objectives intended to be achieved by the regulatory provision referred to in paragraphs 1(a) and 1(b), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business enterprise and employment act 2015 (see section 32 of that act). 4 in regulation 3 (specification of the welfare requirements) - a in paragraph (2), for "provisions in section 3" substitute "obligatory provisions"; b after paragraph (2) insert - 2a in this regulation, "the obligatory provisions" means the provisions in section 3 of the document that, by virtue of their use of the word "must", express requirements, except for those contained in paragraphs 3.16, 3.17, 3.18, 3.52, 3.53, 3.77 and 3.78. ; and c in paragraph (3), for "section 3" substitute "the relevant provisions". 5 in regulation 4 (requirement on chief inspector and early years childminder agencies) , for "section 3" substitute "the relevant provisions". 6 in regulation 5(1)(b) (matters to be considered by the chief inspector) , for "section 3" substitute "the relevant provisions". 7 in regulation 5a(b) (matters to be considered by early years childminder agencies) , for "schedule 3" substitute "the relevant provisions". 8 in regulation 6(1)(b) (proceedings under part 3 of the childcare act 2006) , for "section 3" substitute "the relevant provisions". caroline dinenage parliamentary under secretary of state department for education 8th march 2017

citation and commencement 1 1 this order may be cited as the horsham (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 articles 3 and 4 come into force - a for the purpose of proceedings preliminary, or relating, to the election of councillors, on the day after the day on which it is made; b for all other purposes, on the ordinary day of election of councillors in 2019. interpretation 2 1 in this order "the map" means the map marked "map referred to in the horsham (electoral changes) order 2017", held by the local government boundary commission for england . 2 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of the district of horsham and number of councillors 3 1 the existing wards of the district of horsham are abolished. 2 the district of horsham is divided into 22 wards as listed in the first column of the table in schedule 1. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected for each ward is the number specified in relation to that ward in the second column of the table in schedule 1. wards of the parishes of north horsham and southwater 4 1 the existing wards of the parishes of north horsham and southwater are abolished. 2 the parish of north horsham is divided into the six parish wards listed in the first column of table 1 in schedule 2. 3 the parish of southwater is divided into the two parish wards listed in the first column of table 2 in schedule 2. 4 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 5 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 5th november 2017

part 1 preliminary 1 1 these regulations may be cited as the co-ownership authorised contractual schemes (tax) regulations 2017 and come into force on 27th december 2017. 2 subject to paragraph (3), these regulations have effect in relation to accounting periods of a coacs beginning on or after that date. 3 part 2 (except for regulation 4(2)) and regulation 2 in so far as the defined terms are used in that part have effect in relation to accounting periods of a coacs beginning on or after 1st april 2017. interpretation 2 in these regulations - "coacs" means co-ownership authorised contractual scheme ; " hmrc " means her majesty's revenue and customs. part 2 information requirements interpretation: part 2 3 in this part, "information reporting date", in relation to a coacs, means the date 6 months after the end of the accounting period of the coacs. information to be provided to participants 4 1 the operator of a coacs must in relation to each accounting period provide sufficient information to participants in the scheme to enable those participants to meet their tax obligations in the united kingdom with respect to their interests in the scheme. 2 the information provided must include details of any additional income treated as made to participants on the information reporting date. 3 the information must be provided on or before the information reporting date. information to be provided to other coacs 5 1 this regulation applies where an investment is made for the purposes of a coacs (the "investor scheme") through one or more other coacs (the "investee scheme"). 2 the operator of the investee scheme must in relation to each accounting period provide sufficient information to the operator of the investor scheme to enable that operator to meet its obligations under regulation 4. 3 the information must be provided on or before the information reporting date. information to be provided to hmrc 6 1 the operator of a coacs must in relation to each accounting period provide the following information to hmrc - a the names and addresses of all the participants in the scheme, b the number and classes of units in the scheme at the end of the period, c the amount of income per unit for each class. 2 the information required under paragraph (1) must be provided on or before the information reporting date. further information to be provided to hmrc 7 hmrc may give notice requiring the operator of a coacs within such time, not being less than 42 days, as is specified in the notice, to provide to hmrc any information provided to the participants in the scheme in any accounting period which ended within five years of the notice being given. penalty for failing to provide information 8 1 an operator of a coacs that fails to comply with regulation 4, 5 or 6 is liable to a penalty of 60 for each offence. 2 but, in respect of offences connected with any accounting period, the total amount of any penalties imposed on a person under paragraph (1) will not exceed 600. penalty for failing to provide information following notice 9 1 an operator of a coacs that fails to comply with regulation 7 is liable to a penalty not exceeding 3000 determined in accordance with section 100 of tma 1970 . 2 sections 100a, 100b, 102, 103(4) and 118(2) of tma 1970 apply to a penalty determined in accordance with paragraph (1). part 3 investments in offshore funds interpretation: part 3 10 in this part, "non-reporting fund", "reportable income", "reported income" and "reporting fund" have the same meanings as in the offshore funds (tax) regulations 2009 . investments in reporting offshore funds 11 1 this regulation applies if a coacs has made an investment for the purposes of the scheme in a reporting fund. 2 the excess (if any) of the reported income of the reporting fund in respect of the investment over the amount distributed by the reporting fund in respect of that investment is treated for income tax and corporation tax purposes as additional income of the participants in the coacs in proportion to their rights in the coacs. 3 if the reporting fund does not make a report available in accordance with regulation 90(5) of the offshore funds (tax) regulations 2009 - a the operator of the coacs must estimate the amount of excess (if any) of the reportable income of the reporting fund in respect of the investment over the amount distributed by the reporting fund in respect of that investment, and b the estimated amount is treated for income tax and corporation tax purposes as additional income of the participants in the coacs in proportion to their rights in the coacs. 4 where paragraph (3) applies, in the first accounting period in which the operator has sufficient information to accurately determine the amount of any excess estimated under that paragraph, the operator must make any necessary corrections by adjusting the estimated amount for that accounting period. 5 the additional income is treated as arising on the information reporting date in respect of the accounting period in which the excess is treated as made under the offshore funds (tax) regulations 2009. investments in non-reporting offshore funds: first case 12 1 this regulation applies if - a a coacs has made an investment for the purposes of the scheme in a non-reporting fund, and b the conditions in paragraph (2) are met for an accounting period. 2 the conditions are that - a the coacs has access to the accounts of the non-reporting fund, b the coacs has sufficient information about the non-reporting fund to enable it to prepare a computation of reportable income for the fund, and c the coacs can reasonably expect to rely on continued access to that information for the period in which it will hold the investment in the fund. 3 the amount that would be the excess (if any) of the reportable income of the non-reporting fund in respect of the investment over the amount distributed by the non-reporting fund in respect of that investment is treated for income tax and corporation tax purposes as additional income of the participants in the coacs in proportion to their rights in the coacs. 4 the additional income is treated as arising on the information reporting date in respect of the accounting period to which the excess relates. investments in non-reporting funds: second case 13 1 this regulation applies if a coacs has made an investment for the purposes of the scheme in a non-reporting fund, but the conditions in regulation 12(2) are not met for an accounting period. 2 the increase in fair value of the investment in the non-reporting fund in that period is treated for income tax and corporation tax purposes as additional income of the participants in the scheme in proportion to their rights in the scheme. 3 decreases in the fair value of that interest in earlier accounting periods may be set against the increase referred to in paragraph (2) to reduce the amount of the increase, but - a not to below zero, and b only to the extent that the decreases in fair value have not previously had the effect of reducing the amount of a fair value increase. 4 the additional income is treated as arising on the information reporting date in respect of the accounting period in which the fair value increase arises. 5 in this regulation "fair value" in relation to an interest in a non-reporting fund means the amount which, at the time the value is to be determined, is the amount for which the interest could be exchanged between knowledgeable and willing parties dealing at arm's length. david evennett mark spencer two of the lords commissioners of her majesty's treasury 5th december 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the pensions increase (modification) regulations 2017 and come into force on 9th april 2017. 2 in these regulations, "the 1975 act" means the social security pensions act 1975 . pension increases: annual rate and lump sums 2 1 the provisions of section 59 of the 1975 act shall apply in relation to an official pension subject to the following modification. 2 "base period", in relation to the direction mentioned in section 59(1) of the 1975 act and coming into force on 10th april 2017 , means the period beginning on 11th april 2016 and ending with 10th april 2017. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 15th march 2017

citation and commencement 1 these regulations may be cited as the united nations and european union financial sanctions (linking) (amendment) regulations 2017 and come into force at 2.30 p.m. on 8th september 2017. amendment to the united nations and european union financial sanctions (linking) regulations 2017 2 in the schedule to the united nations and european union financial sanctions (linking) regulations 2017 , in the entry in the second column which corresponds to united nations security council resolution 1718 (2006), for "council regulation (ec) no. 329/2007 of 27th march 2007 concerning restrictive measures against the democratic people's republic of korea" substitute "council regulation ( eu ) 2017/1509 of 30th august 2017 concerning restrictive measures against the democratic people's republic of korea and repealing regulation (ec) no. 329/2007 " . heather wheeler mark spencer two of the lords commissioners of her majesty's treasury at 9.30 a.m. on 8th september 2017

citation, commencement and interpretation 1 1 this order may be cited as the huntingdonshire (electoral changes) order 2017. 2 the provisions of this order specified in paragraph (3) come into force on the day after the day on which this order is made. 3 the provisions specified in this paragraph are - a this article; and b the remaining provisions of this order, but only for the purpose of proceedings preliminary, or relating, to the election of councillors. 4 the provisions of this order specified in paragraph (3)(b) come into force for all purposes other than those described in that paragraph on the ordinary day of election of councillors in england and wales in 2018. 5 in this article "the ordinary day of election of councillors in england and wales" has the meaning given by section 37(1) of the representation of the people act 1983 . 6 in this order "the map" means the map marked "map referred to in the huntingdonshire (electoral changes) order 2017", held by the local government boundary commission for england . 7 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of the district of huntingdonshire and number of councillors 2 1 the existing wards of the district of huntingdonshire are abolished. 2 the district of huntingdonshire is divided into 26 wards as listed in the first column of the table in schedule 1. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected to each ward is the number specified by the entry in the second column of the table in schedule 1 which relates to that ward. wards of the parishes of fenstanton, huntingdon, st ives and st neots 3 1 the existing wards of the parishes of fenstanton, huntingdon, st ives and st neots are abolished. 2 each of the parishes mentioned in paragraph (1) is divided into the parish wards listed in the entries in the second column of the table in schedule 2 which relate to that parish. 3 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 4 the number of councillors to be elected to each parish ward is the number specified by the entry in the third column of the table in schedule 2 which relates to that parish ward. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 27th march 2017

citation and commencement 1 1 these regulations may be cited as the transport levying bodies (amendment) regulations 2017. 2 these regulations come into force on the 21st day after the day on which they are made. preliminary 2 the transport levying bodies regulations 1992 are amended in accordance with the following provisions of these regulations. interpretation 3 in regulation 2 for the definition of "combined authority" substitute - "combined authority" means a body which is specified in paragraph (aa), (ab), (ac), (ad), (ae), (af) or (ag) of regulation 3; . application 4 in regulation 3, after paragraph (ae) insert - af the tees valley combined authority established by the tees valley combined authority order 2016 , ag the west midlands combined authority established by the west midlands combined authority order 2016 , . apportionment of levies 5 1 in regulation 7(4) - a in sub-paragraph (a) for "or the west yorkshire combined authority" substitute ", the west yorkshire combined authority or the west midlands combined authority"; b after sub-paragraph (ab), omit the word "and" and insert - ac in the case of the levies to be issued by the tees valley combined authority, in accordance with regulation 7c, and . 2 in regulation 7(5) - a for "or the greater manchester combined authority" substitute ", the greater manchester combined authority, the barnsley, doncaster, rotherham and sheffield combined authority, the west yorkshire combined authority or the west midlands combined authority"; b for "registrar general" substitute "statistics board" . 3 after regulation 7b insert the following regulation - calculation and apportionment of levies issued by the tees valley combined authority 7c 1 the amounts of the levies to be issued by the tees valley combined authority ("the authority") to its constituent councils for the financial year 2017 to 2018, or any subsequent financial year, are to be determined in accordance with the following provisions of this regulation. 2 the authority shall apportion its estimated relevant expenditure for the financial year in question in such proportion as its constituent councils agree. 3 in default of such agreement, the authority shall apportion its estimated relevant expenditure for the financial year in question in the same proportion to the amount that each of the constituent councils has spent on the transport functions mentioned in article 6 of the tees valley combined authority order 2016 ( "the 2016 order") in the financial year ending on 31st march 2016. 4 where, as respects any financial year, the authority estimates that the apportionment of its actual expenditure will differ from that estimated under paragraph (2) or (3), the authority must make appropriate adjustments to its estimates under paragraph (2) or (3) for the ensuing financial year. 5 those adjustments must be made with a view to ensuring that, so far as practicable and taking one year with another, the proportions in which relevant expenditure is met by the levies payable by the constituent councils under article 5(3) of the 2016 order reflect the actual expenditure of the authority. . signed by authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 25th april 2017

citation and commencement 1 1 these regulations may be cited as the wireless telegraphy (exemption and amendment) (amendment) regulations 2017 and shall come into force on 7th august 2017. amendment of the wireless telegraphy (exemption and amendment) regulations 2010 2 1 the wireless telegraphy (exemption and amendment) regulations 2010 shall be amended in accordance with the following provisions of these regulations. 2 in regulation 5 (short range devices), for ""ir 2030 - uk interface requirements 2030 licence exempt short range devices", published by ofcom in june 2014", substitute ""ir 2030 - uk interface requirements 2030 licence exempt short range devices", published by ofcom in july 2017". philip marnick group director of spectrum group for and by the authority of the office of communications 13th july 2017

part 1 general citation and commencement 1 this order may be cited as the combined authorities (overview and scrutiny committees, access to information and audit committees) order 2017 and shall come into force on 8th may 2017. interpretation 2 1 in this order - "the 2009 act" means the local democracy, economic development and construction act 2009; "excluded matter" means any matter which is a local crime and disorder matter within the meaning of section 19 of the police and justice act 2006 or a matter of any description specified in an order made by the secretary of state for the purposes of section 9fc of the local government act 2000 ; "mayor" means the mayor for the area of a combined authority established in an order made under section 107a of the 2009 act; "member" in relation to membership of an overview and scrutiny committee includes the chair of that overview and scrutiny committee; "non constituent council" means a council designated as a non constituent council in an order made under section 103(1) of the 2009 act; "principal authority" means in the case of a parish council for an area in a district that has a district council, that district council, and in the case of a parish council for any other area, the county council for the county that includes that area; and "proper officer" has the same meaning as in section 270(3) of the local government act 1972 . 2 for the purposes of this order a person ("r") is a relative of another person if r is - a the other person's spouse or civil partner, b living with the other person as husband and wife or as if they were civil partners, c a grandparent of the other person, d a lineal descendant of a grandparent of the other person, e a parent, sibling or child of a person within paragraph (a) or (b), f the spouse or civil partner of a person within paragraph (c), (d) or (e), or g living with a person within paragraph (c), (d) or (e) as husband and wife or as if they were civil partners. part 2 overview and scrutiny: general provisions overview and scrutiny committees 3 1 the majority of members of a combined authority's overview and scrutiny committee must be members of that combined authority's constituent councils. 2 at least two-thirds of the total number of members of the overview and scrutiny committee must be present at a meeting of the overview and scrutiny committee before business may be transacted. 3 each member of the overview and scrutiny committee appointed from the constituent councils is to have one vote and no member is to have a casting vote. 4 members of the overview and scrutiny committee who are appointed other than from the constituent councils shall be non-voting members of the committee but may be given voting rights by resolution of the combined authority . 5 any questions that are to be decided by the overview and scrutiny committee are to be decided by a simple majority of the members present and voting on that question at a meeting of the overview and scrutiny committee. 6 if a vote is tied on any matter it is deemed not to have been carried. 7 in this article, references to an overview and scrutiny committee include references to a sub-committee of such a committee. appointment of members 4 1 the combined authority must - a appoint such a number of members of each of the constituent councils to an overview and scrutiny committee, so that the members of the committee taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils when taken together; and b within the period of 28 days beginning with the day on which an appointment is made to the overview and scrutiny committee, publish a notice that - i states that it has made an appointment; ii identifies each member of the committee who has been appointed; and iii specifies the period for which the members of the committee have been appointed. 2 the notice mentioned at paragraph (1)(b) must be published - a if the combined authority has a website, on its website; or b otherwise, in such manner as it thinks is likely to bring the notice to the attention of persons who live in its area. appointment of chair 5 1 - paragraphs (2) to (4) apply where the chair of an overview and scrutiny committee is to be an independent person in accordance with provision made under paragraph 3 of schedule 5a to the 2009 act . 2 a person is independent if the person - a is not a member, co-opted member or officer of the combined authority; b is not a member, co-opted member or officer of a constituent council or a parish council for which a constituent council is the principal authority; c is not a relative, or close friend, of a person within sub-paragraph (a) or (b); and d was not at any time during the 5 years ending with an appointment as chair of the overview and scrutiny committee under arrangements made by the combined authority in accordance with paragraph 3(4)(a) of schedule 5a to the 2009 act - i a member, co-opted member or officer of the combined authority; or ii a member, co-opted member or officer of a constituent council or a parish council for which a constituent council is the principal authority. 3 a person may not be appointed as independent chair of the overview and scrutiny committee unless - a the vacancy for a chair of the overview and scrutiny committee has been advertised in such manner as the combined authority considers is likely to bring it to the attention of the public; b the person has submitted an application to fill the vacancy to the combined authority, and c the person's appointment has been approved by a majority of the members of the combined authority. 4 a person appointed as independent chair of the overview and scrutiny committee does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment. 5 paragraph (6) applies where the chair of an overview and scrutiny committee is to be an appropriate person in accordance with provision made under paragraph 3(4)(b) of schedule 5a to the 2009 act. 6 where the mayor is not a member of a registered political party, a person may not be appointed as chair of the overview and scrutiny committee if that person is - a a member of the registered political party which has the most representatives among the members of the constituent councils on the combined authority, or b where two or more parties have the same number of representatives, a member of any of those parties. reference of matters to overview and scrutiny committees 6 1 the combined authority must ensure that it enables - a any member of an overview and scrutiny committee to refer to the committee any matter which is relevant to the functions of the committee; b any member of a sub-committee of an overview and scrutiny committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee; c any member of the combined authority to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter; and d any member of a constituent council or a non-constituent council of a combined authority to refer to an overview and scrutiny committee any matter which is relevant to the functions of the committee and is not an excluded matter. 2 for the purposes of paragraph (1), a combined authority enables a member mentioned in paragraph (1)(a) to (d) to refer a matter to a committee or sub-committee if it enables that member to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee. 3 paragraphs (4) to (7) apply where a matter is referred to an overview and scrutiny committee by a member of a combined authority or a member of a constituent council or a non-constituent council in accordance with arrangements made by the combined authority pursuant to paragraph (1)(c) or (d). 4 in considering whether or not to exercise any of the powers under arrangements made in accordance with paragraph 1(2)(a) or (3)(a) of schedule 5a to the 2009 act in relation to a matter referred to the committee, the committee must have regard to any representations made by the member as to why it would be appropriate for the committee to exercise any of these powers in relation to the matter. 5 if the committee decides not to exercise any of its powers under arrangements made in accordance with paragraph 1(2)(a) or (3)(a) of schedule 5a to the 2009 act in relation to the matter, it must notify the member of - a its decision; and b the reasons for it. 6 the committee must provide the member with a copy of any report or recommendations which it makes under paragraph 1(2)(b) or (3)(b) of schedule 5a to the 2009 act in connection with the matter referred to it by the member. 7 paragraph (6) is subject to article 8 (confidential and exempt information). duty of combined authority and mayor to respond to overview and scrutiny committee 7 1 where an overview and scrutiny committee or a sub-committee of such a committee makes a report or recommendations the committee may - a publish the report or recommendations; b by notice in writing require the combined authority or the mayor to - i consider the report or recommendations; ii respond to the overview and scrutiny committee indicating what (if any) action the combined authority proposes to take; iii if the overview and scrutiny committee has published the report or recommendations under paragraph (a), publish the response. 2 a notice given under paragraph (1)(b) must require the combined authority or the mayor to comply with it within two months beginning with the date on which the combined authority or the mayor received the reports or recommendations or (if later) the notice. 3 the combined authority or the mayor must respond to a report or recommendations made by an overview and scrutiny committee, or a sub-committee of such a committee, as result of a referral made in accordance with article 6 within two months beginning with the date on which the combined authority or the mayor received the notice. 4 where an overview and scrutiny committee exercises any of its powers under arrangements made in accordance with paragraph 1(2) or 1(3) of schedule 5a to the 2009 act in relation to a decision made but not implemented - a where recommendations have been made under paragraph 1(4)(b) of schedule 5a to the 2009 act, the combined authority or the mayor must hold a meeting to reconsider the decision no later than 10 days after the date on which the recommendations of the overview and scrutiny committee were received by the combined authority; and b any direction under arrangements made in accordance with paragraph 1(4)(a) of schedule 5a to the 2009 act may have effect for a period not exceeding 14 days from the date on which the direction is issued. confidential and exempt information 8 1 this article applies in relation to - a the publication of any document as a result of a reference made in accordance with article 7 (duty of combined authority and the mayor to respond to overview and scrutiny committee) comprising - i a report or recommendations of an overview and scrutiny committee; or ii a response of a combined authority or the mayor to any such report or recommendations; and b the provision of a copy of such a document to a member of a combined authority or to a member of a constituent council or a non-constituent council, by an overview and scrutiny committee or a combined authority or the mayor. 2 the overview and scrutiny committee or the combined authority, or the mayor in publishing the document - a must exclude any confidential information; and b may exclude any relevant exempt information. 3 the overview and scrutiny committee, or the combined authority, or the mayor , in providing a copy of a document to a member of the combined authority or to a member of a constituent council or a non-constituent council, may exclude any confidential information or relevant exempt information. 4 where information is excluded under paragraph (2) or (3), the overview and scrutiny committee or the combined authority, or the mayor , in publishing, or providing a copy of, the document - a may replace so much of the document as discloses the information with a summary which does not disclose that information; and b must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible. 5 if by virtue of paragraph (2), (3) or (4) an overview and scrutiny committee or the combined authority, or the mayor , in publishing or providing a copy of a report or recommendations - a excludes information; or b replaces part of the report or the recommendations with a summary, it is nevertheless to be taken to have published the report or recommendations. 6 in this article - "confidential information" has the meaning given by section 100a(3) of the local government act 1972 (admission to meetings of principal councils); "exempt information" has the meaning given by section 100i of that act ; and "relevant exempt information" means - in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100a(4) of the local government act 1972 which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered; and in relation to a response of the authority or of the mayor, exempt information of a description specified in such a resolution of the authority which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered. 7 in this article, references to an overview and scrutiny committee include references to a sub-committee of such a committee. scrutiny officer 9 1 a combined authority must designate one of its officers as the scrutiny officer of the overview and scrutiny committee to discharge the functions in paragraph (2). 2 those functions are - a to promote the role of the overview and scrutiny committee; b to provide support and guidance to the overview and scrutiny committee and its members; c to provide support and guidance to members of the combined authority and to the mayor in relation to the functions of the overview and scrutiny committee. 3 a combined authority may not designate as the scrutiny officer any officer of a constituent council of the combined authority. 4 in this article, references to an overview and scrutiny committee include references to a sub-committee of such a committee. additional rights of access to documents for members of overview and scrutiny committees 10 1 subject to paragraph (3), a member of an overview and scrutiny committee or a sub-committee of such a committee is entitled to a copy of any document which - a is in the possession or under the control of the combined authority or the mayor ; and b contains material relating to - i any business that has been transacted at a meeting of a decision-making body of that authority; or ii any decision that has been made by an individual member of that combined authority. 2 subject to paragraph (3), where a member of an overview and scrutiny committee or a sub-committee of such a committee requests a document which falls within paragraph (1), the combined authority or the mayor must provide that document as soon as reasonably practicable and in any case no later than 10 clear days after the combined authority receives the request. 3 no member of an overview and scrutiny committee is entitled to a copy - a of any such document or part of a document as contains exempt or confidential information unless that information is relevant to - i an action or decision that that member is reviewing or scrutinising; or ii any review contained in any programme of work of such a committee or sub-committee of such a committee; or b of a document or part of a document containing advice provided by a political adviser . 4 where the combined authority or the mayor determines that a member of an overview and scrutiny committee is not entitled to a copy of a document or part of any such document for a reason set out in paragraph (3), it must provide the overview and scrutiny committee with a written statement setting out its reasons for that decision. 5 in this article, references to an overview and scrutiny committee include references to a sub-committee of such a committee. part 3 key decisions key decisions 11 1 in this order - a a "key decision" means a decision of a decision maker, which in the view of the overview and scrutiny committee for a combined authority is likely - i to result in the combined authority or the mayor incurring significant expenditure, or the making of significant savings, having regard to the combined authority's budget for the service or function to which the decision relates; or ii to be significant in terms of its effects on persons living or working in an area comprising two or more wards or electoral divisions in the area of the combined authority; b "decision maker" includes a mayor or a person exercising functions pursuant to arrangements under section 107d(3)(a) or (b) of the 2009 act. 2 where a decision maker intends to make a key decision, that decision must not be made until a notice has been published which states - a that a key decision is to be made in relation to the discharge of functions which are the responsibility of the combined authority; b the matter in respect of which the decision is to be made; c the decision maker's name, and title if any; d the date on which, or the period within which, the decision is to be made; e a list of the documents submitted to the decision maker for consideration in relation to the matter in respect of which the key decision is to be made; f the address from which, subject to any prohibition or restriction on their disclosure under article 8(2), copies of, or extracts from, any document listed is available; g that other documents relevant to those matters may be submitted to the decision maker; and h the procedure for requesting details of those documents (if any) as they become available. 3 at least 28 clear days before a key decision is made, the notice referred to in paragraph (2) must be - a published - i if the combined authority has a website, on its website; or ii otherwise, in such manner as it thinks is likely to bring the notice to the attention of persons who live in its area; and b made available for inspection by the public at the offices of the combined authority. 4 where, in relation to any matter - a the public may be excluded under section 100a of the local government act 1972 from the meeting at which the matter is to be discussed; or b documents relating to the decision need not, because of article 8 (confidential information), be disclosed to the public, the notice referred to in paragraph (2) must contain particulars of the matter but may not contain any confidential information or exempt information or particulars of the advice of a political adviser. 5 in paragraph (4), "confidential information" and "exempt information" have the meanings given by article 8(6). general exception 12 1 subject to article 13, where the publication of the intention to make a key decision under article 11 is impracticable, that decision may only be made - a where the proper officer has informed the chair of the relevant overview and scrutiny committee or, if there is no such person, each member of the relevant overview and scrutiny committee by notice in writing, of the matter about which the decision is to be made; b where the proper officer has made available to the public at the offices of the combined authority for inspection by the public and published on the combined authority's website, if it has one, a copy of the notice given pursuant to sub-paragraph (a); and c after 5 clear days have elapsed following the day on which the proper officer made available the copy of the notice referred to in sub-paragraph (b). 2 where paragraph (1)(a) or (b) applies to any matter, article 11 need not be complied with in relation to that matter. 3 as soon as reasonably practicable after the proper officer has complied with paragraph (1), he or she must - a make available to the public at the offices of the combined authority a notice setting out the reasons why compliance with article 11 is impracticable; and b publish that notice on the combined authority's website, if it has one. cases of special urgency 13 1 where the date by which a key decision must be made makes compliance with article 12 impracticable, the decision may only be made where the decision maker has obtained agreement from - a the chair of the relevant overview and scrutiny committee; or b if there is no such person, or if the chair of the relevant overview and scrutiny committee is unable to act, the chair of the combined authority; or c where there is no chair of either the relevant overview and scrutiny committee or of the combined authority, the vice-chair of the combined authority, that the making of the decision is urgent and cannot reasonably be deferred. 2 as soon as reasonably practicable after the decision maker has obtained agreement under paragraph (1) that the making of the decision is urgent and cannot reasonably be deferred, the decision maker must - a make available to the public at the offices of the combined authority a notice setting out the reasons why the meeting is urgent and cannot reasonably be deferred; and b publish that notice on the combined authority's website, if it has one. part 4 audit committees audit committees 14 1 in appointing members to an audit committee a combined authority must ensure that the members of the committee taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils when taken together. 2 an audit committee appointed by the combined authority may not include any officer of the combined authority or of a constituent council. 3 a combined authority must appoint to an audit committee at least one independent person. 4 for the purposes of appointments under paragraph (3), a person is independent if the person - a is not a member, co-opted member or officer of the authority; b is not a member, co-opted member or officer of a parish council for which the authority is the principal authority; c is not a relative, or close friend, of a person within sub-paragraph (a) or (b); and d was not at any time during the 5 years ending with an appointment under paragraph (3) - i a member, co-opted member or officer of the authority; or ii a member, co-opted member or officer of a parish council for which the authority is the principal authority. 5 a person may not be appointed under paragraph (3) unless - a the vacancy for the audit committee has been advertised in such manner as the combined authority considers is likely to bring it to the attention of the public; b the person has submitted to the combined authority an application to fill the vacancy, and c the person's appointment has been approved by a majority of the members of the combined authority. 6 a person appointed under paragraph (3) does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment. 7 the combined authority must determine a minimum number of members required to be present at a meeting of the audit committee before business may be transacted, to be no fewer than two-thirds of the total number of members of the audit committee. signed by authority of the secretary of state for communities and local government marcus jones parliamentary under secretary of state department for communities and local government 27th january 2017

citation and commencement 1 these regulations may be cited as the employment and support allowance and universal credit (miscellaneous amendments and transitional and savings provisions) regulations 2017 and come into force on 3rd april 2017. part 1 employment and support allowance: work-related activity component amendments to the employment and support allowance regulations 2008 2 1 the employment and support regulations 2008 are amended as follows. 2 in regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) - a in the heading, omit "or the work-related activity component"; b in paragraph (1), for "sections 2(2)(a), 2(3)(a), 4(4)(a) and 4(5)(a)" substitute "sections 2(2)(a) and 4(4)(a)"; c in paragraph (1b) - i in sub-paragraph (a)(i) for "2(2), 2(3), 4(4) or 4(5)" substitute "2(2) or 4(4)"; ii in sub-paragraph (d)(i) for "2(2), 2(3), 4(4) or 4(5)" substitute "2(2) or 4(4)". 3 in regulation 67 (prescribed amounts), in paragraph (3) - a omit "work-related activity component and the"; b for "are" substitute "is". 4 in schedule 4 (amounts) - a in part 1 (prescribed amounts), in paragraph 1, in column (1) - i in sub-paragraph (1)(a) omit "or (3)" and "or (5)"; ii in sub-paragraph (2)(a) omit "or (5)"; iii in sub-paragraph (3)(c), (f) and (g) omit "or (5)"; b in part 3 (weekly amount of premiums specified in part 2), in paragraph 11(1) - i in paragraph (a) - aa in columns "premium" and "amount" omit sub-paragraph (i); bb in column "premium" for sub-paragraph (iii) substitute - iii is not entitled to the support component; ; ii in paragraph (b) - aa in columns "premium" and "amount" omit sub-paragraph (i); bb in column "premium" for sub-paragraph (iii) substitute - iii is not entitled to the support component; ; c in part 4 (the components) - i in the heading, for "(the components)" substitute "(the component)"; ii omit paragraph 12. 5 in schedule 6 (housing costs) - a in paragraph 1, in sub-paragraph (3)(a)(ii) omit "including a work-related activity component under section 2(3) of the act (amount of contributory allowance: work-related activity component)"; b in paragraph 19, in sub-paragraph (7)(d) for "which does not include an amount under section 4(2)(b) of the act" substitute "and they are still in the assessment phase in accordance with regulation 4". amendments to the employment and support allowance regulations 2013 3 1 the employment and support allowance regulations 2013 are amended as follows. 2 in regulation 2 (interpretation), in paragraph (1) in the appropriate place insert - "member of the work-related activity group" means a claimant who has or is treated as having limited capability for work under either - part 5 of the employment and support allowance regulations 2008 other than by virtue of regulation 30 of those regulations; or part 4 of these regulations other than by virtue of regulation 26; . 3 in regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) - a in the heading, omit "or the work-related activity component"; b in paragraph (1), omit "and (3)(a)"; c in paragraphs (3)(a)(i) and (d)(i) - i omit "or (3)"; ii after "of the act" insert "or they were a member of the work-related activity group". 4 in regulation 62 (prescribed amounts) - a in paragraph (1)(a) and (b), omit "or (3)"; b for paragraph (2) substitute - 2 subject to regulation 63 the amount of the support component is 36.20. . part 2 universal credit: limited capability for work element amendments to the universal credit regulations 2013 4 1 the universal credit regulations 2013 are amended as follows. 2 in regulation 2 (interpretation), for the definition of ""lcw element" and "lcwra element"" substitute - "lcwra element" has the meaning in regulation 27; . 3 in regulation 23 (introduction), in paragraph (2)(a) omit "the lcw element and". 4 in regulation 27 (award to include lcw and lcwra elements) - a in the heading, for "lcw and lcwra elements" substitute "lcwra element"; b for paragraph (1) substitute - 1 an award of universal credit is to include an amount in respect of the fact that a claimant has limited capability for work and work-related activity ("the lcwra element"). ; c in paragraph (2), for "amounts of those elements are" substitute "amount of that element is"; d in paragraph (3), omit "work or for"; e for paragraph (4), substitute - 4 in the case of joint claimants, where each of them has limited capability for work and work-related activity, the award is only to include one lcwra element. . 5 in regulation 28 (period for which the lcw or lcwra element is not to be included) - a in the heading and in paragraphs (1), (2)(a) and (3)(a), omit "lcw or"; b in paragraph (5)(b)(i), omit "or the work-related activity component"; c omit paragraph (6). 6 in regulation 29 (award to include the carer element), for paragraph (4) substitute - 4 where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the lcwra element has not been included in respect of the other claimant), only the lcwra element may be included in respect of the claimant. . 7 in regulation 36 (table showing amounts of elements) - a in paragraph (1), for "lcw and lcwra elements" substitute "lcwra element"; b in the table - i for the row "lcw and lcwra elements" substitute "lcwra element"; ii omit the row under "lcwra element" (as amended by paragraph (i)) showing the amount for limited capability for work. amendments to the universal credit (transitional provisions) regulations 2014 5 1 the universal credit (transitional provisions) regulations 2014 are amended as follows. 2 in regulation 19 (transition from old style esa) - a in paragraph (1), for sub-paragraph (b) substitute - b on or before the relevant date it had been determined that the claimant had limited capability for work or limited capability for work-related activity (within the meaning of part 1 of the 2007 act). ; b in paragraph (2) - i for "was entitled to the work-related activity component" substitute "had limited capability for work (within the meaning of part 1 of the 2007 act)"; ii omit sub-paragraph (a); iii in sub-paragraph (b) omit "regulation 27(1)(a) of those regulations and"; c omit paragraph (3); d in paragraph (4), for "was entitled to the support component" substitute "had limited capability for work-related activity (within the meaning of part 1 of the 2007 act) or was treated as having limited capability for work-related activity"; e in paragraph (6), for "was entitled to the work-related activity component or, as the case may be, the support component" substitute "had limited capability for work or, as the case may be, limited capability for work-related activity (within the meaning of part 1 of the 2007 act)"; f in paragraph (8) - i for the definition of ""assessment phase", "support component" and "work-related activity component"" substitute - "assessment phase" has the same meaning as in the 2007 act; ; ii for the definition of ""lcw element" and "lcwra element"" substitute - "lcwra element" has the same meaning as in the universal credit regulations. ; g in paragraph (9) for ", 2(3)(a), 4(4)(a) and 4(5)(a)" substitute "and 4(4)(a)"; h after paragraph (9) insert - 10 for the purposes of this regulation, references to a determination that the claimant had limited capability for work do not include a determination made under regulation 30 of the employment and support allowance regulations 2008 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made). . 3 in regulation 20 (transition from old style esa before the end of the assessment phase) - a in paragraph (2), in sub-paragraph (a) omit "lcw or"; b in paragraph (3), omit sub-paragraph (b). 4 in regulation 20a (transition from jobseeker's allowance following an extended period of sickness), in paragraph (2)(a) omit "lcw or". 5 in regulation 21 (other claimants with limited capability for work: credits only cases) - a in paragraph (2) - i omit sub-paragraph (a); ii in sub-paragraph (b) omit "regulation 27(1)(a) of those regulations and"; b omit paragraph (3); c in paragraph (7), omit sub-paragraph (b); d in paragraph (9), in sub-paragraphs (d) and (e) for ", 2(3)(a), 4(4)(a) and 4(5)(a)" substitute "and 4(4)(a)". part 3 universal credit: work-related requirements amendments to the universal credit regulations 2013 6 in regulation 88 of the universal credit regulations 2013 (expected hours), in paragraph (2) - a in sub-paragraph (a)(i) after "responsible carer" insert "(subject to the following sub-paragraphs)"; b after sub-paragraph (a) insert - aa where the claimant is a responsible carer of a child who has not yet reached compulsory school age, the number of hours that the secretary of state considers is compatible with those caring responsibilities; ; c in sub-paragraph (b) after "a child" insert "who has reached compulsory school age but who is". part 4 consequential, transitional and savings provisions consequential, transitional and savings provisions 7 1 schedule 1 contains amendments to secondary legislation as a consequence of the amendments made by these regulations. 2 schedule 2 contains transitional and savings provisions. signed by authority of the secretary of state for work and pensions penny mordaunt minister of state, department for work and pensions 23rd february 2017

citation 1 this order may be cited as the environment act 1995 (commencement no. 25) order 2017. provisions coming into force 2 the following provisions of the environment act 1995 come into force on 1st january 2018 - a section 116 (application of certain other enactments to the crown) so far as it relates to the provisions set out in paragraph (b); b paragraph 2 of schedule 21 (application of certain enactments to the crown) so far as not already in force. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 30th october 2017