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citation 1 this order may be cited as the welfare reform act 2012 (commencement no. 19, 22, 23 and 24 and transitional and transitory provisions (modification)) order 2017. interpretation 2 1 in this order - "claimant" - in relation to an employment and support allowance, has the same meaning as in part 1 of the welfare reform act 2007 ; in relation to a jobseeker's allowance, has the same meaning as in the jobseekers act 1995 (as it applies apart from the amendments made by part 1 of schedule 14 to the welfare reform act 2012 that remove references to an income-based jobseeker's allowance); in relation to universal credit, has the same meaning as in part 1 of the welfare reform act 2012 ; "the claims and payments regulations 1987" means the social security (claims and payments) regulations 1987 ; "employment and support allowance" means an employment and support allowance under part 1 of the welfare reform act 2007; "jobseeker's allowance" means a jobseeker's allowance under the jobseekers act 1995; "the no. 19 order" means the welfare reform act 2012 (commencement no. 19 and transitional and transitory provisions and commencement no. 9 and transitional and transitory provisions (amendment)) order 2014 ; "the no. 22 order" means the welfare reform act 2012 (commencement no. 22 and transitional and transitory provisions) order 2015 ; "the no. 23 order" means the welfare reform act 2012 (commencement no. 23 and transitional and transitory provisions) order 2015 ; "the no. 24 order" means the welfare reform act 2012 (commencement no. 24 and transitional and transitory provisions and commencement no. 9 and transitional and transitory provisions (amendment)) order 2015 ; "the september 2016 order" means the welfare reform act 2012 (commencement no. 19, 22, 23 and 24 and transitional and transitory provisions (modification)) order 2016 . 2 in this order, references to "designated postcodes", by numbered "part", are to any postcode district or part-district in the corresponding numbered part of the schedule to this order. 3 for the purposes of this order, the universal credit, personal independence payment, jobseeker's allowance and employment and support allowance (claims and payments) regulations 2013 apply for the purpose of deciding - a whether a claim for universal credit is made; and b the date on which the claim is made. 4 for the purposes of this order, the claims and payments regulations 1987 apply, subject to paragraphs (5) and (6), for the purposes of deciding - a whether a claim for an employment and support allowance or a jobseeker's allowance is made; and b the date on which the claim is made or treated as made. 5 subject to paragraph (6), for the purposes of this order - a a person makes a claim for an employment and support allowance or a jobseeker's allowance if that person takes any action which results in a decision on a claim being required under the claims and payments regulations 1987; and b it is irrelevant that the effect of any provision of those regulations is that, for the purposes of those regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken. 6 where, by virtue of - a regulation 6(1f)(b) or (c) of the claims and payments regulations 1987 , in the case of a claim for an employment and support allowance; or b regulation 6(4za) to (4zd) and (4a)(a)(i) and (b) of those regulations , in the case of a claim for a jobseeker's allowance, a claim for an employment and support allowance or a jobseeker's allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (5)(a) is taken, the claim is treated as made on that earlier date. modification of the no. 22 and 24 orders: removal of the gateway conditions from 3rd may 2017 3 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 3rd may 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (f) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(c) and 4(2)(e) and (f) of the no. 22 order , in respect of the part 1 designated postcodes; b articles 3(2)(a) and 4(2)(a) and (b) of the no. 24 order , in respect of the part 2 designated postcodes; c articles 3(2)(i) and 4(2)(q) and (r) of the no. 24 order, in respect of the part 3 designated postcodes; d articles 3(2)(p) and 4(2)(ee) and (ff) of the no. 24 order , in respect of the part 4 designated postcodes; e articles 3(2)(t) and 4(2)(mm) and (nn) of the no. 24 order , in respect of the part 5 designated postcodes; f articles 3(2)(u) and 4(2)(oo) and (pp) of the no. 24 order, in respect of the part 6 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 10th may 2017 4 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 10th may 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (e) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(b) and 4(2)(c) and (d) of the no. 22 order , in respect of the part 7 designated postcodes; b articles 3(2)(b) and 4(2)(c) and (d) of the no. 24 order , in respect of the part 8 designated postcodes; c articles 3(2)(f) and 4(2)(k) and (l) of the no. 24 order, in respect of the part 9 designated postcodes; d articles 3(2)(g) and 4(2)(m) and (n) of the no. 24 order, in respect of the part 10 designated postcodes; e articles 3(2)(p) and 4(2)(ee) and (ff) of the no. 24 order, in respect of the part 11 designated postcodes. modification of the no. 19 order: removal of the gateway conditions from 17th may 2017 5 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 17th may 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(d) and 4(2)(d) of the no. 19 order, in respect of the part 12 designated postcodes; b articles 3(2)(k) and 4(2)(k) of the no. 19 order, in respect of the part 13 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 24th may 2017 6 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 24th may 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(e) and 4(2)(i) and (j) of the no. 22 order , in respect of the part 14 designated postcodes; b articles 3(2)(n) and 4(2)(aa) and (bb) of the no. 24 order , in respect of the part 15 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 7th june 2017 7 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 7th june 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (d) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(a) and 4(2)(a) and (b) of the no. 22 order , in respect of the part 16 designated postcodes; b articles 3(2)(e) and 4(2)(i) and (j) of the no. 22 order, in respect of the part 17 designated postcodes; c articles 3(2)(a) and 4(2)(a) and (b) of the no. 24 order, in respect of the part 18 designated postcodes; d articles 3(2)(l) and 4(2)(w) and (x) of the no. 24 order , in respect of the part 19 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 14th june 2017 8 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 14th june 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (d) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(i) and 4(2)(q) and (r) of the no. 22 order , in respect of the part 20 designated postcodes; b articles 3(2)(r) and 4(2)(ii) and (jj) of the no. 22 order , in respect of the part 21 designated postcodes; c articles 3(2)(a) and 4(2)(a) and (b) of the no. 24 order, in respect of the part 22 designated postcodes; d articles 3(2)(k) and 4(2)(u) and (v) of the no. 24 order , in respect of the part 23 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 28th june 2017 9 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 28th june 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (d) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(m) and 4(2)(y) and (z) of the no. 22 order, in respect of the part 24 designated postcodes; b articles 3(2)(v) and 4(2)(qq) and (rr) of the no. 24 order, in respect of the part 25 designated postcodes; c articles 3(2)(z) and 4(2)(yy) and (zz) of the no. 24 order, in respect of the part 26 designated postcodes; d articles 3(2)(bb) and 4(2)(ccc) and (ddd) of the no. 24 order , in respect of the part 27 designated postcodes. modifications in consequence of removal of the gateway conditions: the no. 19 order 10 1 this article applies in the case of a claim in relation to which provisions of the no. 19 order are modified under articles 5(2)(a) or 5(2)(b). 2 where this article applies, the modifications to the no. 19 order made by article 13(2) of the september 2016 order have effect. modifications in consequence of removal of the gateway conditions: the no. 22 order 11 1 this article applies in the case of a claim in relation to which provisions of the no. 22 order are modified under - a article 3(2)(a); b article 4(2)(a); c article 6(2)(a); d article 7(2)(a) or (b); e article 8(2)(a) or (b); or f article 9(2)(a). 2 where this article applies, the modifications to the no. 22 order made by article 14(2) of the september 2016 order have effect. modifications in consequence of removal of the gateway conditions: the no. 24 order 12 1 this article applies in the case of a claim in relation to which provisions of the no. 24 order are modified under - a article 3(2)(b), (c), (d), (e) or (f); b article 4(2)(b), (c), (d) or (e); c article 6(2)(b); d article 7(2)(c) or (d); e article 8(2)(c) or (d); or f article 9(2)(b), (c) or (d). 2 where this article applies, the modifications to the no. 24 order made by article 15(2) of the september 2016 order have effect. modification of the no. 23 order: claims for housing benefit, income support or a tax credit 13 article 7 of the no. 23 order (prevention of claims for housing benefit, income support or a tax credit) applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that order included - a a reference to paragraph (1) and sub-paragraphs (d) and (k) of paragraph (2) of article 3 of the no. 19 order, in respect of claims in relation to which those sub-paragraphs are modified respectively by article 5(2)(a) and 5(2)(b) of this order; b a reference to paragraph (1) and sub-paragraphs (a), (b), (c), (i), (m) and (r) of paragraph (2) of article 3 of the no. 22 order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 7(2)(a), 4(2)(a), 3(2)(a), 8(2)(a), 9(2)(a) and 8(2)(b) of this order; c a reference to paragraph (1) and sub-paragraph (e) of paragraph (2) of article 3 of the no. 22 order, in respect of claims in relation to which that sub-paragraph is modified by articles 6(2)(a) and 7(2)(b) of this order; d a reference to paragraph (1) and sub-paragraphs (b), (f), (g), (i), (k), (l), (n), (t), (u), (v), (z) and (bb) of paragraph (2) of article 3 of the no. 24 order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 4(2)(b), 4(2)(c), 4(2)(d), 3(2)(c), 8(2)(d), 7(2)(d), 6(2)(b), 3(2)(e), 3(2)(f), 9(2)(b), 9(2)(c) and 9(2)(d) of this order; and e a reference to paragraph (1) and sub-paragraphs (a) and (p) of paragraph (2) of article 3 of the no. 24 order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 3(2)(b), 7(2)(c) and 8(2)(c), and articles 3(2)(d) and 4(2)(e) of this order. signed by authority of the secretary of state for work and pensions damien hinds minister of state department for work and pensions 24th april 2017

citation and commencement 1 this order may be cited as the designation of schools having a religious character (independent schools) (england) (no. 2) order 2017 and comes into force on the day after the day on which it is made. interpretation 2 in this order "the relevant religious denomination" means the religious denomination in accordance with whose tenets education is provided at the school or the school is conducted. designation of schools 3 1 the schools listed in column (1) of the schedule are designated as schools having a religious character. 2 the relevant religious denomination in relation to a school listed in column (1) of schedule 1 is specified in relation to that school in column (2). peter swift deputy director department for education 12th october 2017

citation and commencement 1 1 these regulations may be cited as the social housing rents (exceptions and miscellaneous provisions) (amendment) regulations 2017. 2 subject to paragraphs (3) and (4), these regulations come into force on 1st march 2017. 3 regulations 4 to 7 come into force on 1st april 2017. 4 regulation 8 comes into force on 6th april 2017. amendments to the social housing rents regulations 2 the social housing rents (exceptions and miscellaneous provisions) regulations 2016 are amended as follows. amendments to definitions - intermediate rent accommodation, affordable rent housing 3 1 in regulation 2 in the definition of "intermediate rent accommodation enabling programme" - a in paragraph (g) after "within the" insert "shared ownership and"; and b after paragraph (h) insert - i mortgage rescue scheme within the affordable homes programme 2011 - 2015, j london living rent within the homes for londoners: affordable homes programme 2016 - 21, k the london housing zones programme; . 2 in regulation 19(6) - a in sub-paragraph (c) after "the" insert "shared ownership and"; and b after sub-paragraph (m) insert - n the homes for londoners: affordable homes programme 2016 - 21; o the london housing zones programme. . amendments to regulations 2, 3 and 4 (domestic violence refuge accommodation etc. ) 4 1 in regulation 2 after the definition for "co-operative housing association" and "fully mutual housing association" insert - "domestic violence refuge accommodation" means accommodation in a hostel which is used wholly or mainly for the non-permanent accommodation of persons who have been victims of domestic violence and have left their homes as a result of that violence - which is usually staffed 24 hours a day by persons whose normal duties include providing support to the residents of the hostel, and to which access by non-residents is controlled, and for the purpose of this definition - "hostel" has the meaning given in section 622 of the housing act 1985 , "domestic violence" means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) inflicted on or threatened against a person over the age of 16 by an associated person, "coercive behaviour" means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim, "controlling behaviour" means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour, "associated" has the same meaning as in part 4 of the family law act 1996 (see section 62 of that act); . 2 in regulation 3 - a after sub-paragraph (1)(l) insert - m domestic violence refuge accommodation; n almshouse accommodation; o accommodation provided by a co-operative housing association or a fully mutual housing association; p accommodation provided by a community land trust. ; and b for paragraph (2), substitute - 2 supported housing which is not specialised supported housing or domestic violence refuge accommodation is prescribed under section 24(5) of the act as a case where section 23 of the act does not apply during the first relevant year. . 3 in regulation 4 - a in paragraph (c) at the end insert "or domestic violence refuge accommodation"; and b after paragraph (l) insert - m domestic violence refuge accommodation. . amendments to regulation 9 5 for regulation 9(1), substitute - 9 1 subject to paragraph (2), where an exception under regulation 3(1)(m) to (p) or 3(2) applies, section 23 of the act has effect as if - a in subsection (1) for "at least 1% less" there were substituted "no more"; b at the end of subsection (1) there were inserted "adjusted by the specified percentage"; and c after subsection (1) there were inserted - 1a the specified percentage is determined by - a finding the percentage change in the consumer prices index over the specified period, and b adding 1% to that percentage. 1b in subsection (1a) - "consumer prices index" means the general index of consumer prices (for all items) published by the statistics board or, if that index is not published for any month, any substituted index or index figures published by that board; and "specified period" means the period of 12 months up to and including the september which falls before the 31st march immediately preceding the relevant year. . . insertion of regulations 11a and 11b 6 after regulation 11 insert - domestic violence refuge accommodation - modifications of part 1 of schedule 2 11a 1 subject to paragraph (2), where the exception in regulation 4(m) applies, part 1 of schedule 2 to the act has effect with the modifications specified by regulation 11b. 2 this regulation does not apply if an absolute exception applies. 11b the modifications to the application of part 1 of schedule 2 to the act mentioned in regulation 11a are as follows - a in paragraph 1(4)(a) for "the rate of formula rent" substitute "110% of the rate of formula rent"; b in paragraph 1(4)(c) for "making a 1% reduction in the rate" substitute "adjusting the rate by the specified percentage"; c in paragraph 1(5)(c) for "making a 1% reduction in the rate" substitute "adjusting the rate by the specified percentage"; d after paragraph 1(8) insert - 9 the specified percentage is determined by - a finding the percentage change in the consumer prices index over the specified period, and b adding 1% to that percentage. 10 in sub-paragraph (9) - "consumer prices index" means the general index of consumer prices (for all items) published by the statistics board or, if that index is not published for any month, any substituted index or index figures published by that board; and "specified period" means the period of 12 months up to and including the september which falls before the 31st march immediately preceding the relevant year. ; e after paragraph 3(1) insert - 1a if the tenancy begins before the beginning of the first relevant year, the registered provider must secure that the maximum amount of rent payable to the registered provider by the tenant in respect of the first relevant year is the higher of the amounts described in sub-paragraphs (1b) and (1c). 1b the amount found by - a determining the rate of the market rent for that social housing when the tenancy began, and b determining the amount that is the sum of - i 80% of the amount that would be payable in respect of the part of the relevant year that preceded the anniversary of the beginning of the tenancy if that rate had applied during that period, and ii 80% of the amount that would be payable in respect of the part of the relevant year beginning with the anniversary of the beginning of the tenancy if that rate had applied during that period adjusted by the specified percentage. 1c the amount that would be payable in respect of that relevant year if the tenant were paying rent at the social rent rate. ; e in paragraph 3(2) omit "before or"; f in paragraph 3(5) omit from "higher of" to the end and substitute "higher of the amounts described in sub-paragraphs (1b) and (1c)."; g in paragraph 3(6) for "sub-paragraph (2)" in each place it occurs substitute "sub-paragraph (1a), (2)"; h after paragraph 4(8) insert - 9 the specified percentage is determined by - a finding the percentage change in the consumer prices index over the specified period, and b adding 1% to that percentage. 10 in paragraph (9) - "consumer prices index" means the general index of consumer prices (for all items) published by the statistics board or, if that index is not published for any month, any substituted index or index figures published by that board; and "specified period" means the period of 12 months up to and including the september which falls before the 31st march immediately preceding the relevant year. . amendments to regulation 13 7 in regulation 13 - a for paragraphs (a) and (b) substitute - a in paragraph 1(4)(a) for "the rate of formula rent" substitute "105% of the rate of formula rent"; b in paragraph 1(4)(c) for "making a 1% reduction in the rate" substitute "adjusting the rate by the specified percentage"; ; b omit paragraph (c); c for paragraph (d) substitute - d in paragraph 1(5)(c) for "making a 1% reduction in the rate" substitute "adjusting the rate by the specified percentage"; da after paragraph 1(5) insert - 5a the specified percentage is determined by - a finding the percentage change in the consumer prices index over the specified period, and b adding 1% to that percentage. 5b in sub-paragraph (5a) - "consumer prices index" means the general index of consumer prices (for all items) published by the statistics board or, if that index is not published for any month, any substituted index or index figures published by that board; and "specified period" means the period of 12 months up to and including the september which falls before the 31st march immediately preceding the relevant year. . ; d in paragraph (e) - i for the inserted sub-paragraph (1b)(b)(ii) substitute - ii 80% of the amount that would be payable in respect of the part of the relevant year beginning with the anniversary of the beginning of the tenancy if that rate had applied during that period adjusted by the specified percentage. ; and ii in the inserted sub-paragraph (1c) for "the first" substitute "that"; and e after paragraph (f) insert - g in paragraph 3(5) omit from "higher of" to the end and substitute "higher of the amounts described in sub-paragraphs (1b) and (1c)."; h in paragraph 3(6), for "sub-paragraph (2)" in each place it occurs substitute "sub-paragraph (1a), (2)"; i after paragraph 4(8) insert - 9 the specified percentage is determined by - a finding the percentage change in the consumer prices index over the specified period, and b adding 1% to that percentage. 10 in sub-paragraph (9) - "consumer prices index" means the general index of consumer prices (for all items) published by the statistics board or, if that index is not published for any month, any substituted index or index figures published by that board; and "specified period" means the period of 12 months up to and including the september which falls before the 31st march immediately preceding the relevant year. . . amendments related to housing administration 8 1 in regulation 2 - a in the definition of "absolute exception" for "4(a), 4(b), and 4(d) to (i)", substitute "3(1)(q), 3(1)(r), 4(1)(a), 4(1)(b), 4(1)(d) to (i), 4(1)(n) and 4(1)(o)"; b after the definition of "guidance on rents for social housing" insert - "housing administration order" and "housing administrator" have the meaning given in section 95 of the housing and planning act 2016 ; . 2 in regulation 3 - a after paragraph (1)(p) insert - q accommodation provided by a private registered provider in relation to which a housing administration order is in force; r accommodation that satisfies the condition prescribed in paragraph (1a). ; b after paragraph (1) insert - 1a the condition is that before the accommodation was provided by the registered provider, the interest in the property or the interest in the part that includes the accommodation was sold or otherwise disposed of by a housing administrator (whether or not immediately before that time). . 3 in regulation 4 - a the existing text becomes paragraph (1); b after paragraph (1)(m) insert - n accommodation provided by a private registered provider in relation to which a housing administration order is in force; o accommodation that meets the condition prescribed in paragraph (2). ; c after paragraph (1) insert - 2 the condition is that before the accommodation was provided by the registered provider, the interest in the property or the interest in the part that includes the accommodation was sold or otherwise disposed of by a housing administrator (whether or not immediately before that time). . 4 in regulation 5(2)(a) for "4(a)" substitute "4(1)(a)". 5 in regulation 10(1) for "regulation 4(c)" substitute "regulation 4(1)(c)". 6 in regulation 11a(1) for "regulation 4(m)" substitute "regulation 4(1)(m)". 7 in regulation 12(1) for "regulation 4(j)" substitute "regulation 4(1)(j)". further amendments 9 1 in regulation 11, after paragraph (e) insert - f in paragraph 3(6), for "sub-paragraph (2)" in each place it occurs substitute "sub-paragraph (1a), (2)". 2 in paragraph 6 of the schedule for "paragraph 6" substitute "paragraph 5". gavin barwell minister of state department for communities and local government 1st february 2017

citation and commencement 1 these regulations may be cited as the national health service commissioning board (additional functions) regulations 2017 and come into force on 1st april 2017. interpretation 2 in these regulations - " 2006 act " means the national health service act 2006; "health service" means the health service continued under section 1(1) of the 2006 act ; and "regulation 4(1) function" means the function specified in regulation 4(1). additional functions of the board 3 the board is to have the functions specified in regulations 4 to 6. power to conclude and manage framework agreements 4 1 the board may conclude and manage framework agreements to facilitate the purchase and supply of a service, drug, medicine or other substance or product to which paragraph (2) applies. 2 this paragraph applies to a service, drug, medicine or other substance or product that is to be provided as part of the health service for - a the purposes of preventing, diagnosing, monitoring or treating a physical or mental illness; b the purposes of providing care to an individual; or c a purpose related to any matter mentioned in sub-paragraph (a) or (b). 3 in this regulation - a "framework agreement" means an agreement between the board and one (or more than one) economic operator (within the meaning of regulation 2 (definitions) of the public contracts regulations 2015 ), the purpose of which is to establish the terms governing contracts to be entered into during a given period, in particular with regard to price and, where appropriate, the quantity envisaged; and b "other substance or product" includes - i medical supplies within the meaning of section 260(5) of the 2006 act ; ii a medical device within the meaning of regulation 2 (interpretation) of the medical devices regulations 2002 ; and iii a human blood component. duty to provide assistance 5 in relation to the exercise of the regulation 4(1) function, the board must comply with a request made by the secretary of state for any assistance the secretary of state considers necessary or expedient for the purposes of the functions of the secretary of state relating to the health service. duty to consult and collaborate 6 1 for the purposes of exercising the regulation 4(1) function, the board must consult and collaborate with the registered pharmacist, or a person representing the registered pharmacist, of every trust. 2 in this regulation - a "the registered pharmacist" means a person falling within the definition of "registered pharmacist" in section 275 (interpretation) of the 2006 act who has been nominated by a trust for the purposes of paragraph (1); and b "trust" means - i a body in england established by an order made under section 25(1) of the 2006 act as a national health service trust ; or ii a body included in the register referred to in section 39(1) of the 2006 act (register of nhs foundation trusts). signed by authority of the secretary of state for health. o'shaughnessy parliamentary under-secretary of state, department of health 27th february 2017

citation 1 these regulations may be cited as the childcare payments act 2014 (commencement no. 5) regulations 2017. commencement 2 1 the day appointed for the coming into force of the provisions of the childcare payments act 2014 set out in paragraph (2) in respect of a relevant child and any sibling is 24th november 2017. 2 the provisions referred to in paragraph (1) are - a section 1; b sections 3 and 4; c sections 6 to 15; d sections 17 to 25; e section 62; and f section 73(2) to (4). 3 in this regulation - "relevant child" means a child born on or after 24th november 2011 and before 1st april 2013; "sibling" means any child normally living in the same household as a relevant child at the time the declaration of eligibility is made. heather wheeler mark spencer two of the lords commissioners of her majesty's treasury 16th november 2017

citation, commencement and application 1 1 this order may be cited as the surrey heath (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 surrey heath (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 surrey heath and number of councillors 3 1 the existing wards of the borough of surrey heath are abolished. 2 the borough of surrey heath is divided into 14 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 parish of windlesham 4 1 the existing wards of the parish of windlesham are abolished. 2 the parish of windlesham is divided into the three parish wards listed in the first column of the table in schedule 2. 3 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 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 1 this order may be cited as the south cambridgeshire (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 south cambridgeshire (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 south cambridgeshire and number of councillors 3 1 the existing wards of the district of south cambridgeshire are abolished. 2 the district of south cambridgeshire is divided into 26 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

part 1 preliminary citation and commencement 1 1 these regulations may be cited as the non-domestic rating (rates retention) and (levy and safety net) (amendment) regulations 2017. 2 these regulations come into force on the day after the day on which they are made. part 2 rates retention 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 3 3 in regulation 3 (calculation and notification of non-domestic rating income and other amounts) - a after paragraph (1)(d) insert - da for a billing authority listed in parts 2 to 6 of schedule 5, the amount that is its estimate of the amount (if any) specified by paragraph 2 of schedule 2 for that year; db for a billing authority listed in parts 2 to 6 of schedule 5, the amount that is its estimate of the amount (if any) specified by paragraph 3 of schedule 2 for that year; ; and b after paragraph (2) insert - 2a in relation to the relevant year commencing on 1st april 2017, a billing authority listed in parts 2 to 6 of schedule 5 must on or before 30th april 2017 notify the secretary of state and any relevant precepting authority of the amounts it has calculated under paragraph (1)(da) and (db) for that relevant year. . amendment of regulation 4 4 in regulation 4 (payment to the secretary of state in respect of the central share), after paragraph (2) insert - 3 in relation to a relevant year commencing on or after 1st april 2017, this regulation does not apply to a billing authority listed in parts 2 to 6 of schedule 5. . amendment of regulation 5 5 in regulation 5 (payments by billing authorities to major precepting authorities in respect of share of income) - a in paragraph (3), for "the" substitute "unless paragraph (3a) applies, the"; and b after paragraph (3) insert - 3a for a relevant year commencing on or after 1st april 2017, the relevant precepting authority shares are - a 37% where the relevant precepting authority is the greater london authority; b 5% where the relevant precepting authority is the west of england combined authority . . amendment of regulation 6 6 in regulation 6 (payments to major precepting authorities in respect of deductions from central share payments) - a in paragraph (1), for "of qualifying relief specified by paragraph 3 of schedule 2 (case b hereditaments)" substitute "specified by paragraph 3 of schedule 2 (case b hereditaments) or paragraph 2(1) of schedule 2a (special provision for deduction from the central share payment)"; and b in paragraph (2) for "the specified" substitute "each specified". amendment of regulation 11 7 in regulation 11 (reconciliation of amount deducted from central share payment) - a before paragraph (1) insert - a1 this regulation applies in relation to a relevant year if a billing authority deducts an amount under regulation 4(1) from its central share payment for that year. ; b in paragraph (3), for "for" substitute "unless paragraph (4) applies, for"; and c after paragraph (3) insert - 4 in relation to a relevant year commencing on or after 1st april 2017, the percentage shares are - a 44.8% where the billing authority is listed in part 1 of schedule 5; and b 55.2% where the relevant precepting authority is the greater london authority. . amendment of schedule 2a 8 in paragraph 1 of schedule 2a (special provision for deduction from the central share payment) - a in sub-paragraph (1), for "this" substitute "subject to sub-paragraph (1a), this"; and b after sub-paragraph (1) insert - 1a this schedule does not apply to a billing authority listed in part 2 of schedule 5 for a relevant year beginning on or after 1st april 2017. . amendment of schedule 3 9 in the definition of "q" in schedule 3 (transfer from collection fund to general fund) - a in paragraph (a), for "50%" substitute "unless paragraph (e) applies, 50%"; b in paragraph (b), for "49%" substitute "unless paragraph (e) applies, 49%"; c in paragraph (c), for "40%" substitute "unless paragraph (e) applies, 40%"; d in paragraph (d), for "30%" substitute "unless paragraph (e) applies, 30%"; and e after paragraph (d) insert - e for a relevant year beginning on or after 1st april 2017 - i for a billing authority listed in parts 2 to 4 of schedule 5, 99%; ii for a billing authority listed in part 5 of schedule 5, 94%; iii for a billing authority listed in part 6 of schedule 5, 100%; . amendment of schedule 4 10 1 in schedule 4 (rules for estimation and apportionment of surplus and deficit), paragraph 2 is amended as follows. 2 in sub-paragraph (1), for "the" substitute "unless sub-paragraph (1a), (1b), (1c) or (1d) applies, the". 3 after sub-paragraph (1) insert - 1a for the relevant year beginning on 1st april 2018, the secretary of state's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in part 1 of schedule 5 is calculated in accordance with the formula - ( a ( b + c d e ) ) 33 % + ( ( b + c d e ) 50 % ) 1b for the relevant year beginning on 1st april 2018, the secretary of state's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in parts 2 to 6 of schedule 5 is calculated in accordance with the formula - ( b + c d e ) 50 % 1c for a relevant year beginning on or after 1st april 2019, the secretary of state's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in part 1 of schedule 5 is 33%. 1d for a relevant year beginning on or after 1st april 2019, the secretary of state's share of any surplus or of any deficit estimated for that year under paragraph 1 by a billing authority listed in parts 2 to 6 of schedule 5 is zero. . 4 in sub-paragraph (2) - a for "a relevant" substitute "unless sub-paragraph (2a) or (2b) applies, a relevant"; and b after "regulation 5(3)" insert "or (3a)". 5 after sub-paragraph (2) insert - 2a where the relevant precepting authority is the greater london authority, its share of any surplus or of any deficit - a for the relevant year beginning on 1st april 2017, is 20%; b for the relevant year beginning on 1st april 2018, is calculated in accordance with the formula - ( a ( b + c d e ) ) 37 % + ( ( b + c d e ) 20 % ) 2b where the relevant precepting authority is the west of england combined authority, its share of any surplus or of any deficit - a for the relevant year beginning on 1st april 2017, is zero; b for the relevant year beginning on 1st april 2018, is calculated in accordance with the formula - ( a ( b + c d e ) ) 5 % 6 in sub-paragraph (3), for "the" substitute "unless any of the following sub-paragraphs applies, the". 7 after sub-paragraph (3) insert - 4 for the relevant year beginning on 1st april 2018, for a billing authority listed in parts 2 to 4 of schedule 5, the billing authority's share of any surplus or of any deficit for that year is calculated in accordance with the formula - ( a ( b + c d e ) ) 99 % + ( ( b + c d e ) 49 % ) 5 for the relevant year beginning on 1st april 2018, for a billing authority listed in part 5 of schedule 5, the billing authority's share of any surplus or of any deficit for that year is calculated in accordance with the formula - ( a ( b + c d e ) ) 94 % + ( ( b + c d e ) 49 % ) 6 for the relevant year beginning on 1st april 2018, for a billing authority listed in part 6 of schedule 5, the billing authority's share of any surplus or of any deficit for that year is calculated in accordance with the formula - ( a ( b + c d e ) ) 100 % + ( ( b + c d e ) 50 % ) 7 for a relevant year beginning on or after 1st april 2019, the billing authority's share of any surplus or of any deficit for that year is - a for a billing authority listed in parts 2 to 4 of schedule 5, 99%; b for a billing authority listed in part 5 of schedule 5, 94%; c for a billing authority listed in part 6 of schedule 5, 100%. 8 in this paragraph - a is the surplus or deficit estimated for the relevant year beginning on 1st april 2018; b is the amount mentioned in paragraph 1(3)(a); c is the amount mentioned in paragraph 1(3)(e); d is the amount mentioned in paragraph 1(4)(a); e is the amount mentioned in paragraph 1(4)(g). . insertion of schedule 5 11 after schedule 4 insert schedule 5 which is set out in schedule 1 to these regulations. part 3 levy and safety net amendment of the non-domestic rating (levy and safety net) regulations 2013 12 the non-domestic rating (levy and safety net) regulations 2013 are amended as follows. amendment of regulation 5 13 in regulation 5 (business rates baseline and baseline funding level) - a in paragraph (3), for "a year commencing on or after 1st april 2014" substitute "the years commencing on 1st april 2014, 1st april 2015 and 1st april 2016 and for the years commencing on or after 1st april 2018"; b after paragraph (3) insert - 3a the baseline funding level for an authority for the year commencing on 1st april 2017 is the amount calculated in accordance with the formula - a 264.9 259.6 where - a has the meaning given in paragraph (3). . amendment of regulation 6 14 1 regulation 6 (individual levy rates and safety net thresholds) is amended as follows. 2 in paragraph (1), for "an" substitute "for the relevant years commencing on 1st april 2013, 1st april 2014, 1st april 2015 and 1st april 2016, an". 3 after paragraph (2) insert - 2a unless paragraph (2c) applies, for a relevant year commencing on or after 1st april 2017 an authority's individual levy rate is 0.5 or the figure calculated in accordance with the formula in paragraph (2b), whichever is less. 2b the formula is - 1 e e p + q where - e is the authority's baseline funding level for the year commencing on 1st april 2017; and p and q have the meaning given in paragraph 1(1) of schedule 1, as determined for the year commencing on 1st april 2017. 2c for an authority listed in part 1, 3, 5, 7 or 8 of schedule 3, the individual levy rate for a relevant year beginning on or after 1st april 2017 is zero. . amendment of schedule 1 15 1 in schedule 1 (calculation of retained rates income), paragraph 1 is amended as follows. 2 in sub-paragraph (1), for the definitions of p and q substitute - p is - unless paragraph (b) of this definition applies, the amount paid to the authority by the secretary of state for the relevant year in accordance with part 5 of schedule 7b to the 1988 act (principal payments in connection with local retention of non-domestic rates); in respect of the billing authorities listed in parts 2 to 8 of schedule 3 - for the relevant year beginning on 1st april 2017, the amount specified for that authority in column 2 of schedule 3; for a relevant year beginning on or after 1st april 2018, the amount calculated in accordance with the formula - a b c q is - unless paragraph (b) of this definition applies, the amount paid by the authority to the secretary of state for the relevant year in accordance with part 5 of schedule 7b to the 1988 act; in respect of the billing authorities listed in parts 2 to 8 of schedule 3 - for the relevant year beginning on 1st april 2017, the amount specified for that authority in column 3 of schedule 3; for a relevant year beginning on or after 1st april 2018, the amount calculated in accordance with the formula - a b c 3 after sub-paragraph (1) insert - 1a for the purpose of the definitions of p and q in sub-paragraph (1) - a is the value for p or q for the previous year; b is the small business rates multiplier for the relevant year; c is the small business rating multiplier for the preceding year. . insertion of schedule 3 16 after schedule 2, insert schedule 3 which is set out in schedule 2 to these regulations. 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 29th march 2017 we consent david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 28th march 2017

citation and commencement 1 this order may be cited as the proscribed organisations (name change) order 2017 and comes into force on the day after the day on which it is laid before parliament. name change 2 hay'at tahrir al-sham, being a name that is not specified in schedule 2 to the terrorism act 2000 (proscribed organisations), is to be treated as another name for the organisation listed in that schedule as al-qa'ida . ben wallace minister of state home office 25th april 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the her majesty's chief inspector of education, children's services and skills (fees and frequency of inspections) (children's homes etc.) (amendment) regulations 2017 and come into force on 1st april 2017. 2 in these regulations, "the principal regulations" means the her majesty's chief inspector of education, children's services and skills (fees and frequency of inspections) (children's homes etc.) regulations 2015 . substitution of fees payable under the principal regulations 2 1 in each provision of the principal regulations specified in column 1 of the table, for the amount specified in column 2 substitute the amount specified in column 3. 2 "the table" means the table in the schedule to these regulations. amendment to size classification of children's homes 3 in regulation 23 (children's homes) - a in paragraph (1)(b) for "33" substitute "31"; b in paragraph (1)(b)(ii) for "33 rd " substitute "31 st "; and c in paragraph (1)(c) for "33" substitute "31". frequency of inspections 4 (1) in regulation 27 (frequency of inspections) - a in paragraph (1)(a), for "(2) and (3)" substitute "(2), (3), (3a) and (3b)"; b after paragraph (3) insert - 3a where in any year an inspection in that year results in a report prepared under section 32(5) of the care standards act 2000 : a which records a judgement that the overall experiences and progress of children and young people living in a children's home are good or outstanding; and b there has been no subsequent inspection in that year resulting in a report prepared under that act which records a judgement that the overall experiences and progress of the children and young people are less than good, the chief inspector must arrange for that home to be inspected at least once in the year following inspection. 3b subsection (3a) does not apply to accommodation in a children's home approved by the secretary of state under regulation 3 of the children (secure accommodation) regulations 1991 . . edward timpson minister of state department for education 2nd march 2017

citation and commencement 1 1 these regulations may be cited as the road user charging and workplace parking levy (classes of motor vehicles) (england) (amendment) regulations 2017. 2 these regulations come into force on 8th january 2018. amendment of regulations 2 1 the road user charging and workplace parking levy (classes of motor vehicles) (england) regulations 2001 are amended as follows. 2 in regulation (2) (classes of motor vehicles) - a in paragraph (1) - i for "and (3)" substitute "to (5)", ii for "the schedule" substitute "schedules 1 and 2"; b in paragraphs (2) and (3) for "the schedule" substitute "schedule 1"; c after paragraph (3) insert - 4 the classes of motor vehicles listed in schedule 2 are specified only in relation to severn charging schemes. 5 a severn charging scheme may specify charges for motor vehicles by reference to the classes of motor vehicles listed in schedule 2. 6 in this regulation, "severn charging scheme" means a charging scheme made in respect of the roads in england carried by the bridges referred to as the existing bridge and the new bridge in the severn bridges act 1992 . 3 number the schedule (classes of motor vehicles) as schedule 1. 4 after schedule 1 (classes of motor vehicles) as numbered by these regulations, insert the schedule to these regulations, numbered as schedule 2. signed by authority of the secretary of state for transport jesse norman parliamentary under secretary of state department for transport 22nd november 2017

citation 1 these regulations may be cited as the childcare payments act 2014 (commencement no. 4) regulations 2017. commencement 2 1 the day appointed for the coming into force of the provisions of the childcare payments act 2014 set out in paragraph (2) in respect of a relevant child and any sibling is 14th july 2017. 2 the provisions referred to in paragraph (1) are - a section 1; b sections 3 and 4; c sections 6 to 15; d sections 17 to 25; e section 62; and f section 73(2) to (4). 3 in this regulation - "relevant child" means a child born on or after 1st april 2013 and before 1st september 2013; "sibling" means any child normally living in the same household as a relevant child at the time the declaration of eligibility is made. mark spencer andrew griffiths two of the lords commissioners of her majesty's treasury 13th july 2017

citation and commencement 1 1 this order may be cited as the ashford (electoral changes) 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 2017. alterations of electoral division boundaries 2 1 the areas that cease to be part of the parishes listed in the first column of table 1 in the schedule and become part of the parishes listed in the second column of that table in consequence of the ashford (reorganisation of community governance) order 2016 , cease to be part of the electoral divisions listed in the third column of that table and become part of the electoral divisions listed in the fourth column of that table. 2 the unparished areas in the first column of table 2 in the schedule that become part of the parishes listed in the second column of that table in consequence of the ashford (reorganisation of community governance) order 2016, cease to be part of the electoral divisions listed in the third column of that table and become part of the electoral divisions listed in the fourth column of that table. 3 the area that ceases to be part of the parish of kingsnorth and becomes an unparished area in consequence of the ashford (reorganisation of community governance) order 2016, ceases to be part of the electoral division of ashford rural south and becomes part of the electoral division of ashford rural east. 4 in this article - "electoral divisions" means the electoral divisions as named in schedule 1 to the kent (electoral changes) order 2016 . sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 2nd february 2017

part 1 preliminary citation and commencement 1 this order may be cited as the town and country planning (permission in principle) order 2017 and comes into force on 15th april 2017. interpretation 2 in this order - "the 1990 act " means the town and country planning act 1990; "brownfield land register" means a register kept under regulation 3 of the town and country planning (brownfield land register) regulations 2017 ; "dwelling" includes a flat contained within a building of one or more flats; "flat" means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally; "housing development" means development for the provision of dwellings ; and "non-housing development" means development other than housing development. part 2 permission in principle: brownfield land register prescribed particulars for land allocated in a brownfield land register 3 for the purposes of section 59a(2)(c) of the 1990 act, to allocate land for development in a brownfield land register an entry in the register for the land (in addition to including an indication that the land is allocated for development for the purposes of section 59a of the 1990 act) must include the information required by regulation 15 of, and schedule 2 to, the town and country planning (brownfield land register) regulations 2017. permission in principle on allocation of land in a brownfield land register 4 permission in principle is hereby granted for development of land allocated in part 2 of a brownfield land register consisting of - a housing development for the provision of a number of dwellings falling within the range specified in the relevant entry in the brownfield land register; and b where the relevant entry in the brownfield land register specifies non-housing development of the land, non-housing development of a description falling within the description in that entry. direction by local planning authority as to when permission in principle takes effect 5 a local planning authority may direct that permission in principle granted pursuant to article 4 takes effect on a date specified in the direction instead of the date provided for in section 59a(4)(a) or (b) of the 1990 act. part 3 permission in principle: general planning register: permission in principle 6 1 the planning register kept by each local planning register authority must also include, as part 2a, a part relating to permission in principle. 2 in respect of every permission in principle granted pursuant to article 4 in relation to land in the local planning register authority's area, part 2a of the planning register must contain - a a copy (which may be photographic or in electronic form) of the entry in the brownfield land register which relates to the land; b the date the permission in principle takes effect and the date it expires; and c the name of the local planning authority which allocated the land in the brownfield land register. 3 every entry in part 2a of the planning register must be made by the local planning register authority within 14 days of the land being entered in part 2 of the brownfield land register. 4 in this article - "local planning register authority" has the same meaning as in article 40 of the town and country planning (development management procedure) (england) order 2015 ; and "planning register" means the register kept by a local planning register authority under article 40 of that order. prescribed period for the purposes of section 70(2zzc) of the 1990 act 7 for the purposes of section 70(2zzc) of the 1990 act the prescribed period for a permission in principle granted pursuant to article 4 is 5 years. part 4 miscellaneous amendments to secondary legislation in relation to permission in principle 8 the schedule, which contains amendments to secondary legislation, has effect. review 9 1 the secretary of state must from time to time - a carry out a review of the regulatory provisions contained in this order; and b publish a report setting out the conclusions of the review. 2 the first report must be published by 15th 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 report published 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 given by 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 for communities and local government gavin barwell minister of state department for communities and local government 20th march 2017

citation and commencement 1 these regulations may be cited as the general anti-abuse rule procedure (amendment) regulations 2017 and come into force on 5th december 2017. amendments of schedule 43a to the finance act 2013 2 schedule 43a to the finance act 2013 (procedural requirements: pooling notices and notices of binding) is amended as specified in regulations 3 to 10. 3 1 paragraph 1 (pooling notices) is amended as follows. 2 in sub-paragraph (3) - a in paragraph (a) - i for "another" substitute "a"; ii after "arrangements" insert "(other than the lead arrangements)"; b in the words after paragraph (c), for the words from "which places" to the end substitute "to that effect". 3 after sub-paragraph (3) insert - 3a for the purposes of this schedule and schedule 43b, all the tax arrangements in relation to which pooling notices have been served in respect of the same lead arrangements are to be regarded as being in a "pool" together. 4 omit sub-paragraphs (4) and (5). 4 1 paragraph 2 (notice of proposal to bind arrangements to counteracted arrangements) is amended as follows, 2 in sub-paragraph (1) omit "which are in a pool created under paragraph 1". 3 in sub-paragraph (2)(a) - a for "another" substitute "a"; b after "arrangements" insert "(other than the counteracted arrangements)". 5 in paragraph 3 (requirements relating to pooling notice or notice of binding), in sub-paragraph (1) - a after "the decision" insert "of a designated hmrc officer"; b or "hmrc" substitute "the officer". 6 1 paragraph 4 (corrective action) is amended as follows. 2 in sub-paragraph (1), for "8 and" substitute "6 to". 3 in sub-paragraph (3)(b), omit the words from "if" to "that notice,". 7 omit paragraph 5 (lead arrangements ceasing to be in pool). 8 in paragraph 6 (opinion notices etc ), in sub-paragraph (1)(b), after "pool" insert "or the lead arrangements". 9 in paragraph 8 (notice of final decision), in sub-paragraph (1) - a for paragraph (a) substitute - a further to a pooling notice given under paragraph 1(3), a set of tax arrangements is in a pool relating to any lead arrangements, and ; b in paragraph (b), after "pool" insert "or the lead arrangements". 10 after paragraph 12 insert - hmrc officers 12a anything that may or must be done by a given designated hmrc officer under this schedule may be done instead by any other designated hmrc officer. amendments of schedule 43b to the finance act 2013 11 schedule 43b to the finance act 2013 (generic referrals) is amended as specified in regulations 12 to 14. 12 1 paragraph 1 (notice of proposal to make generic referral) is amended as follows. 2 in sub-paragraph (1), for paragraphs (a) and (b) substitute - a further to pooling notices given under paragraph 1(3) of schedule 43a, two or more sets of tax arrangements are in a pool relating to any lead arrangements, b the person to whom the notice mentioned in paragraph 1(1) of schedule 43a was given takes the relevant corrective action (as defined in paragraph 4a of schedule 43) before - i the end of the period of 75 days beginning with the day on which that notice was given, or ii such later time as that person and hmrc may agree, and . 13 1 paragraph 3 (generic referral) is amended as follows. 2 in sub-paragraph (3)(a), after "relevant pool" insert "in relation to which such a proposal has been made". 3 after sub-paragraph (3) insert - 3a if under sub-paragraph (3)(a) a notice is given under paragraph 3 of schedule 43 in respect of one set of tax arrangements but (by virtue of paragraph 4a of that schedule) the matter is not referred to the gaar advisory panel, a designated officer must make a referral to the gaar advisory panel in respect of the notified taxpayers and the arrangements which are specified arrangements in relation to them. 14 after paragraph 9 insert - hmrc officers 9a anything that may or must be done by a given designated hmrc officer under this schedule may be done instead by any other designated hmrc officer . mark spencer heather wheeler two of the lords commissioners of her majesty's treasury 13th november 2017

citation, commencement and interpretation 1 1 this order may be cited as the automatic enrolment (earnings trigger and qualifying earnings band) order 2017 and comes into force on 6th april 2017. 2 in this order, "the act" means the pensions act 2008. increase of amounts 2 in section 13(1) of the act (qualifying earnings) - a in paragraph (a) for "5,824" substitute "5,876"; and b in paragraph (b) for "43,000" substitute "45,000". rounding of figures 3 for the purposes of sections 3(6b), 5(7b) and 13(2) of the act , in the case of a pay reference period of a length described in the first row of the table, the rounded figure in respect of the provision of the act mentioned in the first column of the table is that which appears below the pay reference period which corresponds to that provision. table 1 week 2 weeks 4 weeks 1 month 3 months 6 months sections 3(6b) and 5(7b) 192 384 768 833 2,499 4,998 section 13(2) (referring to section 13(1)(a)) 113 226 452 490 1,469 2,938 section 13(2) (referring to section 13(1)(b)) 866 1,731 3,462 3,750 11,250 22,500 revocation 4 the following orders are revoked - a the automatic enrolment (earnings trigger and qualifying earnings band) order 2015 ; b the automatic enrolment (earnings trigger and qualifying earnings band) order 2016 . signed by authority of the secretary of state for work and pensions richard harrington parliamentary under-secretary of state department for work and pensions 14th march 2017

part 1 introduction citation, commencement and extent 1 1 these regulations may be cited as the oversight of professional body anti-money laundering and counter terrorist financing supervision regulations 2017 and come into force on 18th january 2018. 2 regulation 28 extends to scotland only. interpretation 2 in these regulations - "the european supervisory authorities" means - the european securities and markets authority; the european banking authority; and the european insurance and occupational pensions authority; "the fca" means the financial conduct authority; "fourth money laundering directive" means directive 2015/849/eu of the european parliament and of the council of 20th may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing ; "fsma" means the financial services and markets act 2000 ; "the mlr" means the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 ; "self-regulatory organisation" means one of the professional bodies listed in schedule 1 to the mlr; "supervision requirement" means any requirement imposed by the mlr on a self-regulatory organisation (whether imposed on a self-regulatory organisation in terms or in its capacity as a supervisory authority within the meaning given by regulation 3 of the mlr). duties of the fca 3 the fca must have regard to the importance of ensuring that self-regulatory organisations comply with any supervision requirement - a when discharging the fca's functions under these regulations; and b in drafting any guidance in relation to self-regulatory organisations that the fca may issue under section 139a of fsma in relation to the mlr. part 2 applications application to be added to schedule 1 to the mlr 4 1 this part applies where a person ("the applicant") wishes to be added to the list of self-regulatory organisations in schedule 1 to the mlr. 2 the applicant must make an application to the fca in such manner as the fca may specify, setting out how the applicant proposes to meet the supervision requirements and providing such other information as the fca may specify as part of the application. 3 at any time after receiving an application and before making a recommendation to the treasury concerning the application, the fca may require the applicant to provide such further information as the fca reasonably considers necessary to enable it to make the recommendation. 4 any information to be provided to the fca under this regulation must be in such form and verified in such manner as the fca may reasonably specify. determination of applications 5 1 before the end of the period of 6 months beginning with the date on which the fca receives the completed application, the fca must make a recommendation to the treasury as to whether the applicant should be added to schedule 1 to the mlr. 2 the fca may consider an incomplete application if, in the fca's opinion, it is appropriate to do so, but must in any event make a recommendation to the treasury concerning such an application within 12 months beginning with the date on which it receives the incomplete application. 3 the treasury must take the fca's recommendation into account when deciding whether to make regulations which add the applicant to schedule 1 to the mlr. part 3 information and directions interpretation 6 in this part - "body corporate" - includes - a body corporate incorporated under the laws of the united kingdom or any part of the united kingdom, and a body corporate constituted under the law of a country or territory outside the united kingdom; but does not include - a corporation sole, or a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed; "connected person", in relation to a self-regulatory organisation, means - if the self-regulatory organisation is a body corporate, any person who is or has been - an officer or manager of the body corporate; an employee of the body corporate; an agent of the body corporate; an officer, manager or agent of a parent undertaking of the body corporate; if the self-regulatory organisation is a partnership, any person who is or has been a member, manager, employee or agent of the partnership; if the self-regulatory organisation is an unincorporated association of persons (other than a partnership), any person who is or has been a member, officer, manager, employee or agent of the association; "manager", in relation to a body corporate, partnership or other unincorporated association, means a person who has control, authority or responsibility for managing the business of that body, partnership or association; "officer" means - in relation to a body corporate or a parent undertaking of a body corporate - a director, secretary, chief executive, member of the committee of management, or a person purporting to act in such a capacity, or an individual who is a controller of the body, or a person purporting to act as a controller; in relation to an unincorporated association, any officer of the association or any member of its governing body, or a person purporting to act in such a capacity; "officer of the fca" means an officer or agent of the fca or a member of the fca's staff; "skilled person" means a person appointed under regulation 13(2). power to require information 7 1 the fca may, by notice in writing to a person who is (or was at any time) a self-regulatory organisation or a connected person, require that person to - a provide specified information, or information of a specified description; b produce specified documents, or documents of a specified description; or c attend before an officer of the fca at a time and place specified in the notice and answer questions. 2 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. 3 an officer of the fca who has written authorisation from the fca to do so may require a person who is (or was at any time) a self-regulatory organisation or a connected person without delay to - a provide the officer with specified information or information of a specified description; or b produce to the officer specified documents or documents of a specified description. 4 the powers in this regulation may only be exercised in relation to information or documents which are reasonably required by the fca in connection with the exercise by the fca of any of its functions under these regulations. 5 where the fca or an officer of the fca requires information to be provided or documents to be produced under paragraph (1) or (3), the fca or the officer must give the reasons why the information is required to be provided or the documents produced, unless the disclosure of those reasons would be likely to prejudice any criminal investigation or criminal proceedings. 6 an officer of the fca may require - a information contained in a computer or other storage device, or recorded in any other way otherwise than in legible form to be produced to it in legible form or in a form from which the information can readily be produced in visible and legible form, and b any information provided under this regulation to be provided in such form as the officer may reasonably require. 7 the production of a document does not affect any lien which a person has on the document. retention of documents provided under regulation 7 8 1 the fca may retain any material which was provided under regulation 7 for so long as it is necessary to retain it (rather than copies of it) in connection with the exercise of the functions of the fca under these regulations for the purposes for which the information was required under regulation 7. 2 if an officer of the fca has reasonable grounds for suspecting that - a the material may need to be produced for the purposes of legal proceedings, and b it might otherwise be unavailable for those purposes, it may be retained until the proceedings are concluded. 3 a person claiming to be the owner of any material provided under regulation 7 may apply to the crown court or (in scotland) the sheriff or the summary sheriff for an order for the delivery of the material to the person appearing to the court, the sheriff or the summary sheriff to be the owner. 4 if on an application under paragraph (3) the court or (in scotland) the sheriff or the summary sheriff cannot ascertain who is the owner of the material the court, the sheriff or the summary sheriff may make such order as the court, the sheriff or the summary sheriff thinks fit. 5 an order under paragraph (3) or (4) does not affect the right of any person to take legal proceedings against any person in possession of material for the recovery of the material. provision of information: safeguards 9 1 a person may not be required under regulation 7 - a to produce excluded material, or b to provide information, produce documents or answer questions which that person would be entitled to refuse to provide, produce or answer on grounds of legal professional privilege in proceedings in the high court. 2 the provision of information in accordance with regulation 7 is not to be taken to breach any restriction on the disclosure of information, however imposed. 3 where a disclosure is made in good faith in accordance with regulation 7 no civil liability arises in respect of the disclosure on the part of the person by whom, or on whose behalf, it is made. 4 in the application of this regulation to scotland, the references in paragraph (1) - a to proceedings in the high court are to be read as references to proceedings in the court of session, and b to an entitlement on grounds of legal professional privilege are to be read as references to an entitlement on the grounds of confidentiality of communication - i between professional legal advisers and their clients, or ii made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings. 5 for the purposes of paragraph (1) - "excluded material" means personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which is held subject - to an express or implied undertaking to hold it in confidence; or to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in, or made under, an act passed after these regulations; "personal records" means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating to the individual's physical or mental health. admissibility of statements 10 1 a statement made by a person in response to a requirement imposed under regulation 7(1)(c) may not be used in evidence against the person in criminal proceedings. 2 paragraph (1) does not apply - a on a prosecution for an offence under section 5 of the perjury act 1911 (false statements) ; b on a prosecution for an offence under article 10 of the perjury (northern ireland) order 1979 (false statements) ; c on a prosecution for an offence under section 44(2) of the criminal law (consolidation) (scotland) act 1995 (false statements and declarations) ; or d for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in paragraph (1). 3 a statement may not be used by virtue of paragraph (2)(d) against a person unless - a evidence relating to it is adduced, or b a question relating to it is asked, by that person or on their behalf in the proceedings arising out of the prosecution. confidential information 11 1 subject to paragraph (2), confidential information must not be disclosed by any of the following (each a "primary recipient") - a the fca; b any person who is or has been an officer of the fca; c a skilled person; d any person who is or has been employed by a skilled person, or by any person obtaining the information directly or indirectly from a primary recipient. 2 this regulation does not prevent disclosure where the disclosure - a has the consent of - i the person from whom the primary recipient obtained the information; and ii if different, the person to whom it relates; b is made in accordance with regulation 12; c is made by a skilled person to the fca (and the fca is then treated for the purposes of paragraph (1) as a person obtaining the information from a primary recipient); or d is required by law. 3 in this regulation, "confidential information" means information which - a relates to the business or other affairs of any person; b was received by the primary recipient for the purposes of, or in the discharge of, any functions of the primary recipient under these regulations; and c is not prevented from being confidential information by paragraph (4). 4 information is not confidential information if - a it has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purposes for which, disclosure is not precluded by this regulation; or b it is in the form of a summary or collection of information so framed that it is not possible to ascertain from it information relating to any particular person. disclosure 12 1 the fca may disclose information it holds to a relevant authority, provided the disclosure is made - a for purposes connected with the effective exercise of the functions of the fca under these regulations; b for purposes connected with the effective exercise of the functions of that relevant authority under these regulations or the mlr; or c with a view to the institution of, or otherwise for the purposes of, any criminal or other enforcement proceedings. 2 information disclosed to a relevant authority under paragraph (1) may not be further disclosed by that authority except where the further disclosure - a has the consent of the person or persons mentioned in regulation 11(2)(a); b is made to another relevant authority for purposes connected with the effective exercise of the functions of either relevant authority under these regulations or the mlr; c is made by, or to, the secretary of state for purposes connected with the effective exercise of his or her functions under enactments relating to companies and insolvency; d is made with a view to the institution of, or otherwise for the purposes of, any criminal or other enforcement proceedings; or e is required by law. 3 for the purposes of this regulation, "relevant authority" means - a the commissioners for her majesty's revenue and customs; b the financial reporting council; c the gambling commission; d the legal services board; e the national crime agency; f an overseas authority; g the police forces maintained under section 2 of the police act 1996 (maintenance of police forces); h the police of the metropolis; i the police for the city of london; j the police service of scotland; k the police service of northern ireland; l a self-regulatory organisation; m the secretary of state; n the serious fraud office; o a skilled person; p the treasury. 4 for the purposes of paragraph (3)(f), an "overseas authority" means an authority within the meaning of regulation 50(4) of the mlr which undertakes to comply with such conditions in relation to the information as the fca considers appropriate. report by a skilled person 13 1 this regulation applies where the fca reasonably considers that a report by a skilled person, concerning a matter relating to the exercise of the fca's functions under these regulations, is required in connection with the exercise by the fca of any of its functions under these regulations. 2 the fca may either - a by notice in writing to the self-regulatory organisation, require the self-regulatory organisation to appoint a skilled person to provide the fca with a report on the matter concerned, or b itself appoint a skilled person to do so. 3 when acting under paragraph (2)(a), the fca may require - a the report to be in such form as may be specified in the notice; and b that the contract between the skilled person and the self-regulatory organisation contain certain terms that the fca considers appropriate. 4 the fca must give notice in writing of an appointment under paragraph (2)(b) to the self-regulatory organisation. 5 references in this regulation to a skilled person are to a person - a appearing to the fca to have the skills necessary to make a report on the matter concerned, and b where the appointment is to be made by the self-regulatory organisation, nominated or approved by the fca. 6 subject to paragraph (7), it is the duty of the self-regulatory organisation and any connected person to give the skilled person all such assistance as the skilled person may reasonably require. 7 regulation 9 applies to the provision of any information under paragraph (6) as it applies to the provision of information under regulation 7. directions 14 1 the fca may give a direction in writing to a self-regulatory organisation. 2 a direction may be given for the purpose of - a remedying a failure to comply with a supervision requirement; b preventing a failure to comply, or continued non-compliance, with a supervision requirement. 3 a direction may require or prohibit the taking of specified action. 4 in deciding whether to give a direction to a self-regulatory organisation, the fca must consider whether at the time the self-regulatory organisation followed - a any relevant guidance which was at the time issued by the fca; b any relevant guidelines issued by a european supervisory authority in accordance with articles 17, 18(4) or 48(10) of the fourth money laundering directive. part 4 enforcement and appeals interpretation 15 in this part - "censuring statement" means a statement published in accordance with regulation 16; "recommendation for removal" means a recommendation made in accordance with regulation 17. public censure 16 1 if the fca considers that a self-regulatory organisation has failed to comply with - a a supervision requirement, b a requirement under regulation 7 (power to require information), regulation 12 (disclosure), or regulation 13 (report by a skilled person), c a direction given under regulation 14, or d a requirement under regulation 27 (costs of supervision), the fca may publish a statement censuring the self-regulatory organisation. 2 the fca may publish a statement censuring a self-regulatory organisation which, in purported compliance with a supervision requirement or a requirement imposed on the self-regulatory organisation by or under these regulations, provides information to the fca which is false or misleading in a material particular and - a knows that the information is false or misleading, or b is reckless as to whether the information is false or misleading. 3 the fca must not censure a self-regulatory organisation under this regulation for failure to comply with a requirement listed in paragraph (1) if the fca is satisfied that the self-regulatory organisation took all reasonable steps and exercised all due diligence to ensure that such a requirement would be complied with. 4 in deciding whether a self-regulatory organisation has failed to comply with a supervision requirement, the fca must consider whether at the time the self-regulatory organisation followed - a any relevant guidance which was at the time issued by the fca; b any relevant guidelines issued by a european supervisory authority in accordance with articles 17, 18(4) or 48(10) of the fourth money laundering directive. recommendation for removal from schedule 1 to the mlr 17 1 if the fca is satisfied that a self-regulatory organisation has failed to comply with - a a supervision requirement, b a requirement under regulation 7, regulation 12 or regulation 13, c a direction given under regulation 14, or d a requirement under regulation 27, the fca may make a recommendation to the treasury that the self-regulatory organisation is removed from schedule 1 to the mlr. 2 the fca may make a recommendation for removal if, in purported compliance with a supervision requirement or a requirement imposed on the self-regulatory organisation by or under these regulations, it provides information to the fca which is false or misleading in a material particular and - a knows that the information is false or misleading, or b is reckless as to whether the information is false or misleading. 3 the fca must not make a recommendation for removal for failure to comply with a requirement listed in paragraph (1) if the fca is satisfied that the self-regulatory organisation took all reasonable steps and exercised all due diligence to ensure that such a requirement would be complied with. 4 in deciding whether a self-regulatory organisation has failed to comply with a supervision requirement, the fca must consider whether at the time the self-regulatory organisation followed - a any relevant guidance which was at the time issued by the fca; b any relevant guidelines issued by a european supervisory authority in accordance with articles 17, 18(4) or 48(10) of the fourth money laundering directive. 5 the treasury must take the fca's recommendation for removal into account when deciding whether to make regulations removing a self-regulatory organisation from schedule 1 to the mlr. application of one or more measures 18 one or both of the measures in regulations 16 and 17 may be exercised in relation to the same contravention. procedure for disciplinary measures 19 1 if the fca proposes to publish a censuring statement or make a recommendation for removal, it must give the self-regulatory organisation concerned a warning notice. 2 section 387 of fsma applies in relation to a notice given under paragraph (1) as it applies in relation to a warning notice given by the fca under fsma, subject to paragraph (3). 3 in complying with section 387(1)(a), a warning notice must - a if it is about a proposal to publish a censuring statement, set out the terms of the proposed statement; b if it is about a proposal to make a recommendation for removal, set out the reasons for the proposal. 4 if the fca decides to publish a censuring statement or make a recommendation for removal, it must, without undue delay, give a decision notice to the self-regulatory organisation concerned. 5 if the decision is to publish a censuring statement, the decision notice must set out the terms of the statement. 6 if the decision is to make a recommendation for removal, the decision notice must set out the reasons for the decision. 7 section 388 (decision notices) of fsma applies in relation to a decision notice given under paragraph (4) as it applies in relation to a decision notice given by the fca under fsma. procedure (general) 20 1 section 389 (notices of discontinuance) of fsma applies in relation to a warning notice given under regulation 19(1) and a decision notice given under regulation 19(4) as it applies in relation to warning notices or decision notices given under fsma. 2 section 390 (final notices) of fsma applies to a decision notice given under regulation 19(4) in relation to public censure as it applies in relation to decision notices given under fsma, except with subsections (4) to (10) being omitted. publication 21 1 where a warning notice is given by the fca under regulation 19(1), neither the fca nor any person to whom it is given or copied may publish the notice or any details concerning it. 2 where a decision notice is given by the fca under regulation 19(4) relating to a recommendation for removal, neither the fca nor any person to whom it is given or copied may publish the notice or any details concerning it. 3 where the fca gives a decision notice under regulation 19(4) relating to public censure the fca must, without undue delay, publish on its official website - a information on the type and nature of the breach, and on the identity of the self-regulatory organisation on whom the measure is imposed; and b such other information about the matter to which the notice relates as it considers appropriate, subject to paragraphs (4) to (6). 4 where the fca publishes information under paragraph (3) and the self-regulatory organisation concerned refers the matter to the upper tribunal (see regulation 22), the fca must, without undue delay, publish on its official website information about the status of the appeal and its outcome. 5 this paragraph applies where, in the fca's opinion, publication of any information under paragraph (3) would - a jeopardise the stability of the financial markets or an ongoing investigation; or b cause disproportionate damage to the persons involved. 6 where paragraph (5) applies, the fca must defer publication of the information concerned until such time as paragraph (5) ceases to apply, except that - a if paragraph (5) continues to apply five years after the decision notice, that information must not be published; and b in the meantime, the fca must publish such other information under paragraph (3) as would not have the effect mentioned in paragraph (5)(a) or (b). 7 where the fca publishes information in accordance with paragraphs (3) to (6), the fca must ensure that the information remains on its official website for at least five years, unless the information is personal data and the data protection act 1998 requires the information to be retained for a different period. 8 for the purposes of this regulation "personal data" has the meaning given in section 1 of the data protection act 1998 . appeals against decisions of the fca 22 1 a self-regulatory organisation may appeal to the upper tribunal from a decision by the fca to publish a censuring statement. 2 the provisions of part 9 of fsma (hearings and appeals) apply, subject to the modifications set out in paragraph (3), in respect of appeals to the upper tribunal made under this regulation as they apply in respect of references made to that tribunal under fsma. 3 part 9 of fsma has effect as if - a in section 133 (proceedings before tribunal: general provision), in subsection (7a) , after paragraph (o) there were inserted - p a decision to take action under regulation 16 of the oversight of professional body anti-money laundering and counter terrorist financing supervision regulations 2017. ; and b for section 133a there were substituted - proceedings before tribunal: decision notices 133a 1 the action specified in a decision notice given in relation to regulation 16 under regulation 19(4) of the oversight of professional body anti-money laundering and counter terrorist financing supervision regulations 2017 must not be taken - a during the period within which the matter to which the notice relates may be referred to the tribunal under the oversight of professional body anti-money laundering and counter terrorist financing supervision regulations 2017; and b if the matter is so referred, until the reference, and any appeal against the tribunal's determination, has been finally disposed of. 2 the tribunal may, on determining a reference under these regulations in respect of a decision of the fca, make recommendations as to its regulating provisions or its procedures. . offences 23 1 if a person fails to comply with a requirement imposed on that person under regulation 7 or regulation 13, the fca may certify that fact in writing to the court. 2 if the court is satisfied that the person failed without reasonable excuse to comply with the requirement, it may deal with the person as if that person were in contempt. 3 a person commits an offence if that person discloses information in contravention of regulation 11 or 12, or publishes information in contravention of regulation 21. 4 a person guilty of an offence under paragraph (3) is liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding three months, to a fine or to both, ii in scotland or northern ireland, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. 5 it is a defence for a person charged with an offence under paragraph (3) of disclosing or publishing information to prove that they reasonably believed - a that the disclosure or publication was lawful; or b that the information had already and lawfully been made available to the public. 6 in this regulation, "court" means - a the high court; b in scotland, the court of session. proceedings 24 proceedings for an offence under these regulations may be instituted - a in england and wales, by the director of public prosecutions; or b in northern ireland, by the director of public prosecutions for northern ireland. prescribed regulations 25 these regulations are prescribed for the purposes of sections 168(4)(b) (appointment of persons to carry out investigations in particular cases) and 402(1)(b) (power of the fca to institute proceedings for certain other offences) of fsma . part 5 miscellaneous provisions recovery of charges through the court 26 any charge imposed on a self-regulatory organisation by the fca under these regulations is a debt due from that self-regulatory organisation to the fca, and is recoverable accordingly. costs of supervision 27 1 the fca may impose charges on - a an applicant under regulation 4; b a self-regulatory organisation for supervision by the fca under these regulations; c a self-regulatory organisation for expenses incurred by the fca in relation to an appointment under regulation 13(2)(b). 2 charges levied under paragraph (1) must not exceed such amount as the fca considers will enable it to meet any expenses reasonably incurred by it in carrying out its functions under these regulations or for any incidental purpose. 3 a self-regulatory organisation must, at such times and in such form as the fca may direct, provide the fca with such information as the fca may require for the purpose of calculating charges under paragraph (1)(b). consequential amendment of the solicitors (scotland) act 1980 28 1 the solicitors (scotland) act 1980 is amended as follows. 2 in the italic cross-heading before section 35 at the end insert "and fees". 3 in section 37a (accounts fee) - a for the heading substitute "accounts and anti-money laundering fees"; b in subsection (1) for the words from "an annual fee" to "paid by each" substitute "an annual accounts fee (the "accounts fee") and an annual anti-money laundering fee (the "anti-money laundering fee") are to be paid by each"; c in subsection (2) for "the accounts fee is" substitute "the accounts fee and the anti-money laundering fee are"; d after subsection (3) insert - 3a the anti-money laundering fee is to be set by the council for the purpose of funding the exercise of their functions of - i complying with the oversight of professional body anti-money laundering and counter terrorist financing supervision regulations 2017, and ii securing compliance (by the categories specified in subsections (1) and (2)) with the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 . ; e in subsection (4) for "the accounts fee is" substitute "the accounts fee and the anti-money laundering fee are"; f in subsections (5) and (6) in each case after "fee" insert "and the anti-money laundering fee". 4 in section 65(1) (interpretation) in the appropriate place insert - "anti-money laundering fee" has the meaning given by section 37a(1); . financial conduct authority 29 the functions of the fca under these regulations shall be treated for the purposes of parts 1, 2 and 4 of schedule 1za to fsma (the financial conduct authority) as functions conferred on the fca under fsma. notices 30 the provisions of the financial services and markets act 2000 (service of notices) regulations 2001 apply in respect of any notice, direction or document given under these regulations. application to the crown 31 1 these regulations bind the crown. 2 no contravention of a provision of these regulations makes the crown criminally liable. 3 these regulations apply to persons in the service of the crown as they apply to other persons. review 32 1 the treasury 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 26th june 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 article 48 of the fourth money laundering 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). mark spencer david rutley two of the lords commissioners of her majesty's treasury 14th december 2017

citation and commencement 1 this order may be cited as the hinkley point c (nuclear generating station) (amendment) order 2017 and shall come into force on 18th august 2017. amendment of the hinkley point c (nuclear generation station order) 2013 2 the hinkley point c (nuclear generating station) order 2013 ("the order") is amended as follows. amendment to interpretation 3 1 article 2(1) of the order is amended as follows. 2 in the definition of "book of reference", after "this order" insert "(but excluding section 5 (bridgwater c) in the book of reference so certified)". 3 in the definition of "land plans", after "this order" insert "(but excluding sheet no. 5 (bridgwater c land plan) in the land plans so certified)". 4 in the definition of "rights of way plans", after "this order" insert "(but excluding sheet no. 5 (bridgwater c rights of way plan) in the rights of way plans so certified)". 5 in the definition of "the works plans", after "this order" insert "(but excluding sheet no. 13 (bridgwater c works plan) in the works plans so certified)". omission of suspension of restriction on development of bridgwater c 4 omit article 38 (suspension of restriction on development of bridgwater c) of the order. amendment to part 1 (authorised development) of schedule 1 (authorised project) 5 in part 1 of schedule 1 to the order omit the descriptions of work no. 5a and work no. 5b, including their accompanying heading. amendment to part 3 (approved plans) of schedule 1 (authorised project) 6 1 part 3 of schedule 1 to the order is amended as follows. 2 for the drawings listed under the heading "bridgwater a" substitute the list in the schedule to this order. 3 omit the drawings listed under the heading "bridgwater c", and the heading. amendment to schedule 2 (requirements) 7 1 schedule 2 to the order is amended as follows. 2 in paragraph 1(1) - a omit "bric3, " from the definition of "permanent buildings or structures"; and b omit "5a and 5b, " from the definition of "start-up and shut-down". 3 in the table at paragraph 2 (project wide) - a in sub-paragraph (1) of requirement pw4 omit "5a, "; b in sub-paragraph (2) of requirement pw4, after "access statement" insert ", save in the case of work no. 4a where any revised plans shall be in accordance with the annex to the bridgwater a design and access statement"; c in sub-paragraph (1) of requirement pw7, omit "5b, "; d in sub-paragraph (5) of requirement pw7, omit "5b, "; e in sub-paragraph (1) of requirement pw12, for "work nos. 3, 4a and 5a" substitute "work nos. 3 and 4a"; f in sub-paragraph (1) of requirement pw13, omit "5a, 5b, "; g in requirement pw16, omit "5a, "; and h in sub-paragraph (1) of requirement pw21, omit "5a, 5b, ". 4 in the table at paragraph 8 (bridgewater a accommodation campus) - a in requirement bria3, for "543" substitute "609"; b in sub-paragraph (1) of requirement bria5 - i for "500106 (rev 01)" substitute "500106 (rev 02)"; and ii for "500108 (rev 01)" substitute "500108 (rev 02)"; and c after requirement bria21 insert new rows - bria22 photovoltaic panels (1) photovoltaic panels shall only be installed in the location shown on plan ref. hpcgen072aa000drw001020, and their installation shall not commence until detailed plans relating to their siting and appearance have been approved by the relevant planning authority; and (2) the works shall be carried out in accordance with the approved details. bria23 portable cabins prior to the use of the sports pitches at the bridgwater a accommodation campus, portable cabins to provide toilet facilities and a changing area for those using the sports pitches shall be installed adjacent to the sports pitches at the site in accordance with details to be approved by the relevant planning authority. 5 omit paragraph 9 (bridgwater c accommodation campus), including its accompanying table and heading. amendment to schedule 4 (streets subject to street works) 8 in the table in schedule 4 to the order ,omit row containing - college way bridgwater c amendment to schedule 8 (streets to be temporarily stopped up) 9 in the table in schedule 8 to the order, omit row containing - footway of college way between points tsf5/1 and tsf5/2; and between points tsf5/3 and tsf5/4 bridgwater c amendment to schedule 9 (access to works) 10 in the table in schedule 9 to the order, omit row containing - access no. a5/1 from college way bridgwater c amendment to schedule 12 (land of which temporary possession may be taken) 11 in the table in schedule 12 to the order, omit rows containing - bri-c_3, bri-c_8 highway works (work no. 5a and work no. 5b) bridgwater c bri-c_4, bri-c_5, bri-c_7 construction purposes (work no. 5a) bridgwater c bri-c_2 highway works and construction purposes (work no. 5a and work no. 5b) bridgwater c amendment to schedule 14 (procedure for discharge of requirements) 12 in paragraph 5 of schedule 14 to the order omit "bric5, " from the definition of "major detailed requirements". certification of revised plans 13 1 the undertaker shall, as soon as practicable after the making of this order, submit to the secretary of state copies of - a the annex to the bridgwater a design and access statement, and b the substituted approved plans listed in the schedule, for certification that they are true copies of the plans referred to in this order. 2 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. 3 in paragraph (1), the "undertaker" has the same meaning as in article 2(1) of the order. signed by authority of the secretary of state for business, energy and industrial strategy emily bourne director of the energy development unit department for business, energy and industrial strategy 17th august 2017

part 1 general citation and commencement 1 1 this order may be cited as the west midlands combined authority (functions and amendment) order 2017. 2 save as provided in paragraph (3) this order comes into force on 8th may 2017. 3 article 24(3)(d)(ii) comes into force on the day after the day on which this order is made. interpretation 2 in this order - "the 1980 act" means the highways act 1980 ; "the 1988 act" means the road traffic act 1988 ; "the 1989 act" means the local government and housing act 1989 ; "the 1991 act" means the new roads and street works act 1991 ; "the 1997 act" means the road traffic reduction act 1997 ; "the 1999 act" means the greater london authority act 1999 ; "the 2000 act" means the transport act 2000 ; "the 2003 act" means the local government act 2003 ; "the 2004 act" means the traffic management act 2004 ; "the 2008 act" means the housing and regeneration act 2008 ; "the 2009 act" means the local democracy, economic development and construction act 2009; "the 2011 act" means the localism act 2011 ; "the 2016 order" means the west midlands combined authority order 2016 ; "combined area" means the combined area of the combined authority; "the combined authority" means the west midlands combined authority, a body corporate established by the 2016 order ; "combined authority roads" means the highways specified in schedule 1; "constituent council" means the councils for the local government areas of birmingham, coventry, dudley, sandwell, solihull, walsall and wolverhampton; "corporation" means a corporation established by the secretary of state in accordance with the provisions in section 198 of the 2011 act, with the modifications made by schedule 4, following the designation of an area of land by the combined authority; "the hca" means the homes and communities agency ; and "the mayor" means the mayor for the combined area, except where the context otherwise requires . part 2 transport power to pay grant 3 1 the functions of a minister of the crown specified in section 31 of the 2003 act (power to pay grant) are functions of the combined authority that are exercisable in relation to the combined area. 2 the functions are exercisable by the combined authority concurrently with a minister of the crown. 3 paragraph (4) applies where, in exercising functions referred to in paragraphs (1) and (2), the combined authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions. 4 in determining that amount, the combined authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those functions. 5 to comply with paragraph (4), the combined authority must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions. 6 for the purposes of the exercise by the combined authority of the functions referred to in paragraphs (1) and (2), section 31 of the 2003 act has effect as if - a in subsection (1) - i the reference to a minister of the crown were a reference to the combined authority; ii the reference to a local authority in england were a reference to a constituent council; b subsection (2) were omitted; c in subsections (3) and (4), the references to the person paying it (the grant) were references to the combined authority; d subsection (6) were omitted. 7 in this article "highway functions" means the functions which are exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority. agreements between authorities and strategic highways companies 4 1 the functions of the constituent councils specified in section 6 of the 1980 act (powers to enter into agreements with the minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc) are exercisable by the combined authority in relation to the combined area. 2 the functions of the constituent councils as local highway authorities specified in section 8 of the 1980 act (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works) are exercisable by the combined authority in relation to combined authority roads. 3 the functions referred to in paragraphs (1) and (2) are exercisable by the combined authority concurrently with the constituent councils. 4 in this article "local highway authority" has the meaning given by section 329(1) of the 1980 act . promoting road safety 5 1 the functions of the constituent councils specified in section 39(2) and (3) of the 1988 act (duties of local authorities in relation to measures designed to promote road safety and studies into vehicular accidents arising, etc) are exercisable by the combined authority in relation to the combined area. 2 the functions are exercisable by the combined authority concurrently with the constituent councils. bus lane contraventions 6 1 the functions of the constituent councils in relation to each of their civil enforcement areas are exercisable by the combined authority in relation to the enforcement area. 2 the functions are exercisable by the combined authority (in relation to the enforcement area) concurrently with each constituent council (in relation to its civil enforcement area). 3 for the purposes of this article, the combined authority is to be treated as an approved local authority for the enforcement area, and references in the 2005 regulations to an approved local authority or to the combined area of such an authority are to be construed accordingly. 4 in this article - a "the 2005 regulations" means the bus lane contraventions (penalty charges, adjudication and enforcement) (england) regulations 2005 ; b "civil enforcement area" means an area falling within schedule 8 to the traffic management act 2004 (civil enforcement areas and enforcement authorities) and which falls within a constituent council's area; c "enforcement area" means the area comprising the civil enforcement areas of the constituent councils. road traffic reduction 7 1 the functions of the constituent councils as principal councils specified in section 2 of the 1997 act (duty of principal councils to make reports) are exercisable by the combined authority in relation to combined authority roads. 2 subject to paragraph (3), the functions are exercisable by the combined authority instead of by the constituent councils. 3 the combined authority must consult the constituent councils before exercising the functions mentioned in paragraph (1). 4 in this article "principal council" has the meaning given by section 1 of the 1997 act . permit schemes 8 1 the functions of the constituent councils as local highway authorities specified in the following provisions of the 2004 act are exercisable by the combined authority in relation to combined authority roads - a section 33 (preparation of permit schemes) ; b section 33a (implementation of permit schemes of strategic highways companies and local highway authorities in england) ; and c section 36 (variation and revocation of permit schemes) . 2 the functions of the constituent councils as permit authorities specified in the 2007 regulations are exercisable by the combined authority in relation to combined authority roads. 3 the functions mentioned in paragraph (1) and (2) are exercisable by the combined authority concurrently with the constituent councils. 4 part 3 of the 2004 act (permit schemes) applies in relation to the preparation, implementation, variation and revocation of permit schemes by the combined authority as it applies in relation to the preparation, implementation, variation and revocation of permit schemes by a constituent council, subject to the modifications in schedule 2. 5 the 2007 regulations apply in relation to the content, preparation, operation, variation and revocation of permit schemes by the combined authority as they apply in relation to the content, preparation, operation, variation and revocation of permit schemes by a constituent council. 6 for the purposes of paragraph (5), references in the 2007 regulations to a permit authority are to be read as including references to the combined authority. 7 in this article - a "permit scheme" is to be construed in accordance with section 32 of the 2004 act; and b "the 2007 regulations" means the traffic management permit scheme (england) regulations 2007 ; apparatus affected by highway, bridge or transport works 9 1 the functions of the constituent councils as highway authorities specified in the following enactments are exercisable by the combined authority in relation to combined authority roads - a sections 83 (works for road purposes likely to affect apparatus in the street), 84 (measures necessary where apparatus affected by major works) and 85 (sharing of cost of necessary measures) of the 1991 act; and b the 2000 regulations. 2 the functions mentioned in paragraph (1) are exercisable by the combined authority concurrently with the constituent councils. 3 the 2000 regulations apply in relation to the sharing of costs of diversionary works between the combined authority and undertakers as they apply in relation to the sharing of costs of diversionary works between a constituent council and undertakers. 4 for the purposes of paragraph (3), references in the 2000 regulations to an authority are to be read as including references to the combined authority. 5 in this article - a "the 2000 regulations" means the street works (sharing of costs of works) (england) regulations 2000 ; b "undertaker" has the same meaning as in sections 48(4) and (5) (streets, street works and undertakers) and 89(4) (public sewers, sewer authorities and related matters) of the 1991 act ; and c "diversionary works" has the meaning given by regulation 2(1) of the 2000 regulations. part 3 housing and regeneration conferral of functions corresponding to functions that the hca has in relation to the combined area 10 1 the functions of the hca which are specified in the following provisions in the 2008 act that are exercisable in relation to the combined area are to be functions of the combined authority - a section 5 (powers to provide housing or other land); b section 6 (powers for regeneration, development or effective use of land); c section 7 (powers in relation to infrastructure); d section 8 (powers to deal with land etc); e section 9 (acquisition of land); f section 10 (restrictions on disposal of land); g section 11 (main powers in relation to acquired land) ; and h section 12 (powers in relation to, and for, statutory undertakers). 2 the combined authority is to exercise the functions contained in the provisions specified in paragraph (1) for the purposes of or for purposes incidental to the following objects - a to improve the supply and quality of housing in the combined area; b to secure the regeneration or development of land or infrastructure in the combined area; c to support in other ways the creation, regeneration or development of communities in the combined area or their continued well-being; and d to contribute to the achievement of sustainable development and good design in the combined area, with a view to meeting the needs of people living in the combined area. 3 the functions contained in the provisions specified in paragraph (1) are - a exercisable concurrently with the hca; and b subject to schedules 2 and 3 to the 2008 act. 4 in paragraph (2) "good design" and "needs" have the meanings given by section 2(2) of the 2008 act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing. 5 section 23(3) of the land compensation act 1961 (compensation where planning decision made after acquisition) applies in relation to an acquisition by the combined authority as it applies in relation to the hca. application of provisions of the 2008 act 11 1 this article has effect in consequence of article 10. 2 chapters 1 and 2 of part 1 of the 2008 act apply in relation to the powers of the combined authority to acquire land for housing and infrastructure under the functions specified in article 10(1) and land acquired by the combined authority under those functions as they apply to the hca and land acquired by the hca, with the modifications made by schedule 3. part 4 mayoral development corporations conferral of functions corresponding to functions that the mayor of london has in relation to greater london to designate mayoral development areas 12 1 the combined authority shall have in relation to the combined area functions corresponding to the following functions specified in the provisions in the 2011 act, that the mayor of london has in relation to greater london - a section 197 (designation of mayoral development areas); b section 199 (exclusion of land from mayoral development areas); c section 200 (transfers of property etc to a mayoral development corporation); d section 202 (functions in relation to town and country planning); e section 204 (removal or restriction of planning functions); f section 214 (powers in relation to discretionary relief from non-domestic rates); g section 215 (reviews); h section 216 (transfers of property, rights and liabilities); i section 217 (dissolution: final steps); j section 219 (guidance by the mayor); k section 220 (directions by the mayor); l section 221 (consents); m paragraph 1 of schedule 21 (membership); n paragraph 2 of schedule 21 (terms of appointment of members); o paragraph 3 of schedule 21(staff); p paragraph 4 of schedule 21 (remuneration etc: members and staff); q paragraph 6 of schedule 21 (committees); and r paragraph 8 of schedule 21 (proceedings and meetings). 2 the exercise by the combined authority of the functions corresponding to the functions specified in section 197 (designation of mayoral development areas) of the 2011 act requires the consent of at least one member of the combined authority appointed by each of the constituent councils, or a substitute member acting in place of one of those members, whose local government area contains any part of the combined area to be designated as a mayoral development area. 3 the exercise by the combined authority of the functions corresponding to the functions specified in section 199 (exclusion of land from mayoral development areas) of the 2011 act in respect of any mayoral development area requires the consent of at least one member of the combined authority appointed by each of the constituent councils, or a substitute member acting in place of one of those members, whose local government area contains any part of the combined area to be excluded from a mayoral development area. 4 the exercise by the combined authority of the functions corresponding to the functions specified in section 202(2) to (4) of the 2011 act (functions in relation to town and country planning) in respect of any mayoral development area requires the consent of at least one member of the combined authority appointed by each of the constituent councils, or a substitute member acting in place of one of those members, whose local government area contains the whole or any part of the combined area in respect of which the combined authority proposes to exercise the functions. 5 for the purposes of paragraphs (2), (3) and (4), the consent must be given at a meeting of the combined authority. application of provisions in the localism act 2011 13 1 chapter 2 of part 8 (mayoral development corporations) of the 2011 act applies in relation to the combined authority as it applies in relation to the mayor of london with the modifications made by schedule 4. 2 chapter 2 of part 8 of the 2011 act applies in relation to a corporation as it applies in relation to a mayoral development corporation, with the modifications made by schedule 4. 3 subject to paragraph (6), in any enactment passed or made on or before 8th may 2017 - a any reference to a mayoral development corporation; or b any reference which falls to be read as a reference to a mayoral development corporation, is to be treated as including a reference to a corporation. 4 for the purposes of any transfer scheme under any provisions of the 2011 act applied with modifications by this order, paragraph 9 of schedule 24 to the 2011 act (transfers under scheme under section 200(1) or (4) or 216(1)) applies in relation to - a any property, rights or liabilities transferred to or from a corporation in accordance with a transfer scheme, or b anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a corporation in accordance with such a transfer scheme, as it applies in relation to a mayoral development corporation. 5 for the purposes of establishing a corporation, giving the corporation a name, giving effect to any decisions notified to the secretary of state (under sections 199(4) (exclusion of land from mayoral development areas), 202(8) (decisions about planning functions), 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 act) or making provision for varying the way in which a relevant tax has effect from time to time in relation to the transfer of land to or from a corporation under any provision of the 2011 act, applied with modifications by this order, the provisions in section 235 of the 2011 act (orders and regulations) apply in relation to - a the power of a minister of the crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a mayoral development corporation) of that act; and b the power of the treasury to make regulations under paragraph 9(2) of schedule 24 to that act, as they apply in relation to the establishment of a mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the secretary of state (under sections 199(4), 202(8) and 214(6) of the 2011 act) and making provision for varying the way in which a relevant tax has effect from time to time in relation to a transfer of land to or from a mayoral development corporation. 6 paragraph (3) does not apply to - a paragraph 9(8)(a) of schedule 2 to the channel tunnel rail link act 1996 ; b section 31(1a) of the 1999 act ; c section 38 of the 1999 act ; d section 60a(3) of the 1999 act ; e section 68(6) of the 1999 act ; f section 73 of the 1999 act ; g section 424 of the 1999 act ; h section 24(4) of the planning and compulsory purchase act 2004 ; and i paragraph 8(8)(a) of schedule 2 to the crossrail act 2008 . incidental provisions 14 the following provisions of the 1989 act shall apply in relation to a corporation as if the corporation were a local authority - a section 1 (disqualification and political restriction of certain officers and staff) ; and b sections 2 and 3a (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section. 15 section 5 of the 1989 act (designation and reports of monitoring officer) applies in relation to the combined authority as if a corporation were a committee of the authority. 16 section 32 of the 2003 act applies in relation to expenditure of a corporation but as if - a each reference to a functional body were a reference to a corporation; b each reference to the greater london authority were a reference to the combined authority; c each reference to the mayor of london were a reference to the combined authority; and d subsection (7) were omitted. part 5 air quality; smoke-free premises, places and vehicles; culture and anti-social behaviour air quality 17 1 the functions of the constituent councils specified in the following provisions in the environment act 1995 are exercisable by the combined authority in relation to the combined area - a section 82 (local authority reviews); b section 83 (duty to designate air quality management areas); c section 84 (duties in relation to designated area) ; and d section 113 (disclosure of information) . 2 the functions are exercisable concurrently with the constituent councils. smoke-free premises, places and vehicles 18 1 the functions of the constituent councils specified in the following provisions are exercisable by the combined authority in relation to the combined area - a section 10(3) (duty to enforce) and (5) (power to authorise officers) of the health act 2006 ; b paragraphs 13 and 16 (functions relating to fixed penalty notices) of schedule 1 to the health act 2006 ; c regulation 3(5) of the smoke-free (premises and enforcement) regulations 2006 (power to transfer enforcement functions to another enforcement authority) ; and d regulation 3(4) of the smoke-free (vehicle operators and penalty notices) regulations 2007 (form of fixed penalty notice) . 2 the functions are exercisable concurrently with the constituent councils. 3 for the purposes of paragraph (1) the combined authority is to be treated as an enforcement authority . culture 19 1 the functions of the constituent councils specified in section 145 of the local government act 1972 (provision of entertainments) are exercisable by the combined authority in relation to the combined area. 2 the functions are exercisable concurrently with the constituent councils. 3 any requirement in any enactment for a constituent council to exercise such functions may be fulfilled by the exercise of that function by the combined authority. anti-social behaviour 20 1 the functions of the constituent councils specified in the following provisions in the 2014 act are exercisable by the combined authority in relation to the combined area - a section 5 (applications for injunctions); and b section 104 (review of response to complaints). 2 the functions are exercisable concurrently with the constituent councils. 3 part 1 of the 2014 act (injunctions) applies in relation to an application for an injunction by a combined authority as it applies in relation to an application for an injunction by a constituent council, but as if the following provisions were omitted - a in section 2 (meaning of anti-social behaviour), subsections (1)(b) and (c), (2), (3) and (4); and b section 13 (power to exclude person from home in cases of violence or risk of harm). 4 section 101 of the 2014 act (the community remedy document) has effect in relation to the combined authority as if it were a local authority. 5 the combined authority shall be a relevant authority for the purposes of section 115 of the crime and disorder act 1998 (disclosure of information) . 6 in this article "the 2014 act" means the anti-social behaviour, crime and policing act 2014 . part 6 funding funding 21 1 the constituent councils must meet any reasonably incurred costs of the combined authority, other than the costs mentioned in paragraph (4) to the extent that the combined authority has not decided to meet these costs from other resources available to the combined authority. 2 any amount payable by each of the constituent councils to ensure that the costs of the combined authority referred to in paragraph (1) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in proportion to the total resident population of the combined authority which resides in that council at the relevant date as estimated by the statistics board . 3 the functions mentioned in article 6 may be funded out of the levy issued by the combined authority to the constituent councils under section 74 of the local government finance act 1988 and in accordance with the transport levying bodies regulations 1992 . 4 subject to paragraph (5), the constituent councils must meet the costs of the expenditure reasonably incurred in, or in connection with, the exercise of the functions specified in articles 3, 4, 5, 7, 8 9, 10 (only in relation to the function specified in section 9(2) of the 2008 act) and 23, to the extent that the mayor has not decided to meet these costs from other resources available to the combined authority. 5 in relation to the expenditure mentioned in paragraph (4) - a to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (2) - i the mayor must agree with the combined authority the total expenditure mentioned in paragraph (4) in advance of incurring this expenditure; and ii in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred; b any precept issued in relation to such expenditure under section 40 of the local government finance act 1992 is to be disregarded from any calculation of the costs of the expenditure. 6 for the purposes of this article the relevant date in relation to a payment for a financial year is 30th june in the financial year which commenced two years prior to the financial year in which such payment is made. part 7 functions of the combined authority exercisable only by the mayor; political advisers general functions of the combined authority exercisable only by the mayor 22 1 the following functions are general functions exercisable only by the mayor - a the functions of the combined authority in the following enactments - i section 31 of the 2003 act (power to pay grant); ii sections 33 (preparation of permit schemes), 33a (implementation of permit schemes of strategic highways companies and local highway authorities in england) and 36 (variation of permit schemes) of the 2004 act; iii sections 83 (works for road purposes likely to affect apparatus in the street), 84 (measures necessary where apparatus affected by major works) and 85 (sharing of cost of necessary measures) of the 1991 act; iv sections 6 (powers to enter into agreements with the minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc) and 8 (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works) of the 1980 act; v section 39(2) and (3) of the 1988 act (duties of local authorities to prepare and carry out a programme of measures designed to promote road safety, and carry out studies into accidents arising out of the use of vehicles on certain roads within their areas); vi section 2 of the 1997 act (duty of principal councils to make reports); and vii the 2000 regulations; b the functions of the combined authority corresponding to the functions specified in section 9(2) of the 2008 act. 2 the mayor must seek the assistance of members and officers of the combined authority in the exercise of the functions mentioned in paragraph (1). 3 the mayor may do anything that the combined authority may do under section 113a of the 2009 act (general power of epb or combined authority) . 4 the mayor must not make arrangements under section 107d(3)(b) of the 2009 act (functions of mayors: general) in relation to the functions specified in paragraph (1), in relation to a political adviser appointed under article 23(1). 5 the exercise of the general functions mentioned in paragraph (1)(b) requires the consent of - a at least one member of the combined authority appointed by each of the constituent councils whose local government area contains any part of the land subject to the proposed compulsory acquisition; or b substitute members acting in place of those members, to be provided at a meeting of the combined authority. political advisers 23 1 the mayor may appoint one person as the mayor's political adviser. 2 any appointment under paragraph (1) is an appointment as an employee of the combined authority. 3 no appointment under paragraph (1) shall extend beyond - a the term of office for which the mayor who made the appointment was elected; or b where the mayor who made the appointment ceases to be the mayor before the end of the term of office for which the mayor was elected, the date on which the mayor ceases to hold that office. 4 a person appointed under paragraph (1) is to be regarded for the purposes of part 1 of the 1989 act (political restriction of officers and staff) as holding a politically restricted post under a local authority. 5 subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 act (assistants for political groups , shall apply in relation to an appointment under paragraph (1) as if - a any appointment to that post were the appointment of a person in pursuance of that section; and b the combined authority were a relevant authority for the purposes of that section. 6 subsection (3) of section 9 of the 1989 act shall apply in relation to an appointment under paragraph (1) as if the words from and including "and that the appointment terminates" to the end of that subsection were omitted. part 8 amendment of the west midlands combined authority order 2016; incidental provisions amendments of the west midlands combined authority order 2016 24 1 the 2016 order is amended as follows - 2 in article 2 (interpretation) - a after the definition of "constituent councils" insert - "deputy mayor" means the member of the combined authority appointed by the mayor as the mayor's deputy; ; b at the end of the definition of "local enterprise partnership" omit "and"; c after the definition of "local enterprise partnership" insert - "mayor" means the mayor for the combined area of the combined authority; ; and d for the definition of "non constituent council" substitute - "non-constituent councils" means the councils for the local government areas of cannock chase, north warwickshire, nuneaton and bedworth, redditch, rugby, shropshire, stratford-on-avon, tamworth, telford and wrekin and warwickshire. . 3 in schedule 1 (constitution) - a in paragraph 1 (membership) - i sub-paragraph (1) is omitted; ii for sub-paragraph (4) there is substituted - 4 each constituent council must appoint another of its elected members to act as a member of the combined authority ("the substitute member") if a member appointed in accordance with the provisions in sub-paragraph (2) - a is absent; or b has been appointed as the deputy mayor and is acting in place of the mayor at a meeting. ; b omit paragraph 2 (chairman and vice-chairman); and c for paragraph 3 (proceedings) there is substituted - proceedings 3 1 subject to the following sub-paragraphs, a decision on a question relating to any matter to be decided by the combined authority must meet each of the following requirements - a requirement b; b requirement c. 2 a decision on a question relating to any matter to be decided by the combined authority which relates to any of the matters specified in articles 7 and 10 of this order must meet each of the following requirements - a requirement a; b requirement c. 3 a decision as to whether to consent to a corporation submitting a compulsory purchase order, authorising the acquisition of land under section 207(2) of the localism act 2011, to the secretary of state for confirmation must meet each of the following requirements - a requirement c; b requirement d. 4 subject to sub-paragraph (5), a decision on a question relating to any of the matters specified in sub-paragraph (7) must meet each of the following requirements - a requirement c; b requirement e. 5 if a decision on a question relating to any of the matters specified in sub-paragraph (7) will affect the mayor's exercise of any of the general functions exercisable only by the mayor that are specified in article 22 of the west midlands combined authority (functions and amendment) order 2017 the decision must meet each of the following requirements - a requirement c; b requirement f. 6 the requirements mentioned in sub-paragraphs (1) to (5) are - a requirement a is a majority of at least two-thirds of the members appointed by the constituent councils present and voting on a question at a meeting of the combined authority; b requirement b is that the mayor and at least two-thirds of the members appointed by the constituent councils present and voting on a question at a meeting of the combined authority, vote for the same outcome; c requirement c is that where members appointed by the non-constituent councils or appointed from the local enterprise partnerships have been given voting rights by resolution of the combined authority, there is a simple majority of all members entitled to vote on the question to be decided present and voting on a question; d requirement d is that - i the requirements in requirement b are met; ii the majority of at least two-thirds of the members appointed by the constituent councils present and voting on that question, required by requirement b, includes each member appointed by a constituent council whose local government area contains the whole or any part of the area in respect of which the corporation proposes to acquire the land; e requirement e is a unanimous vote in favour by all members of the combined authority appointed by the constituent councils, present and voting on that question at a meeting of the combined authority; f requirement f is a unanimous vote in favour by the mayor and all members of the combined authority appointed by the constituent councils, present and voting on that question at a meeting of the combined authority. 7 the matters referred to in sub-paragraphs (4) and (5) are - a approval of borrowing limits, treasury management strategy including reserves, investment strategy and capital budget of the combined authority; b the conferral of further functions on the combined authority by the secretary of state under sections 105 or 105a of the 2009 act; c voting rights for members of the combined authority appointed otherwise than from among the elected members of the constituent councils; d the combined authority's exercise of its functions under section 113a of the 2009 act; e amendments to the standing orders of the combined authority; and f such other plans and strategies as may be determined by the combined authority and set out in its standing orders. 8 no business is to be transacted at a meeting of the combined authority unless the mayor and at least five members appointed by at least five of the constituent councils are present at the meeting. 9 each member is to have one vote and no member or substitute member is to have a casting vote. 10 members appointed by the non-constituent councils or appointed by the local enterprise partnerships shall be non-voting members of the combined authority but may be given voting rights by resolution of the combined authority. 11 the proceedings of the combined authority are not invalidated by any vacancy among its members or by any defect in the appointment or qualifications of any member. 12 in this paragraph - a a reference to a member appointed by a constituent council includes a substitute member acting in that member's place; b a reference to a member appointed by a non-constituent council includes a substitute member acting in that member's place; c a reference to a member appointed from a local enterprise partnership includes a substitute member acting in that member's place; d a reference to the mayor includes the deputy mayor acting in place of the mayor. 13 in sub-paragraphs (9) and (11), the reference to a member includes - a the mayor or the deputy mayor acting in place of the mayor; b a constituent member or a substitute member acting in that member's place; c a non constituent member who has been given voting rights by resolution of the combined authority or a substitute member acting in that member's place; and d a member appointed from a local enterprise partnership who has been given voting rights by resolution of the combined authority or a substitute member acting in that member's place. 14 in this paragraph "corporation" means a corporation established by the secretary of state in accordance with the provisions in section 198 of the localism act 2011, as modified by schedule 4 to the west midlands combined authority (functions and amendment order 2017, following the designation of an area of land by the combined authority. ; d in paragraph 4 (committees) - i for sub-paragraph (2) there is substituted - 2 no business is to be transacted at a meeting of the overview and scrutiny committee unless at least two-thirds of the total number of members of the overview and scrutiny committee are present. ; ii after paragraph (4) there is inserted - independent remuneration panel 4a the combined authority may establish an independent remuneration panel to recommend allowances payable to the mayor and the deputy mayor. 2 an independent remuneration panel must consist of at least three members none of whom - a is also a member of the combined authority or is a member of a committee or sub-committee of the combined authority; b is disqualified from being or becoming a member of the combined authority. 3 the combined authority may pay the expenses incurred by an independent remuneration panel established under sub-paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the combined authority may determine. 4 an independent remuneration panel must produce a report in relation to the combined authority, making recommendations as to any allowances payable to the mayor and deputy mayor. 5 a copy of a report made under sub-paragraph (4) shall be sent to the combined authority. ; e for paragraph 7 (remuneration) there is substituted - 7 1 subject to paragraph (2), no remuneration is payable by the combined authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the combined authority. 2 the combined authority may pay the mayor and deputy mayor such allowances as it may agree, in accordance with any recommendations made by its independent remuneration panel. . further incidental provisions 25 in consequence of article 24(2)(e), for the purposes of section 104(1)(a) of the 2009 act (constitution) section 85 of the local transport act 2008 (provision that may be made in an order under section 84: membership of ita) is to be applied without including the mayor in any calculation of whether a majority of the members of the combined authority have been appointed by the constituent councils. signed by authority of the secretary of state for communities and local government bourne of aberystwyth parliamentary under secretary of state department for communities and local government 30th march 2017

citation and commencement 1 1 these regulations may be cited as the town and country planning (local planning) (england) (amendment) regulations 2017. 2 these regulations come into force on 15th january 2018, apart from regulation 4, which comes into force on 6th april 2018. amendment of the town and country planning (local planning) (england) regulations 2012 2 the town and country planning (local planning) (england) regulations 2012 are amended in accordance with the following provisions. amendment of regulation 2 3 1 regulation 2(1) (interpretation) is amended as follows. 2 omit "and" at the end of the definition of "supplementary planning document". 3 at the end of regulation 2(1) insert - and "upper-tier county council" means a county council for an area for which there is also a district council. amendment of regulation 10a 4 after regulation 10 (local plans and supplementary planning documents: additional matters to which regard is to be had) insert - review of local development documents 10a 1 a local planning authority must review a local development document within the following time periods - a in respect of a local plan, the review must be completed every five years, starting from the date of adoption of the local plan, in accordance with section 23 of the act (adoption of local development documents); b in respect of a statement of community involvement, the review must be completed every five years, starting from the date of adoption of the statement of community involvement, in accordance with section 23 of the act. . amendment of regulation 22 5 in regulation 22 (submission of documents and information to the secretary of state), omit paragraph (2). amendment of regulation 29 6 1 regulation 29 (direction in respect of a local plan) is amended as follows. 2 in paragraph (2) for "or the combined authority" substitute ", the combined authority or the upper-tier county council". 3 in paragraph (4) - a at the end of sub-paragraph (a) omit "or"; b at the end of sub-paragraph (b) omit the comma and insert "; or"; and c after sub-paragraph (b) insert - c the upper-tier county council gives a direction under paragraph 7c(4)(b) of schedule a1 to the act in respect of a local plan, . amendment of regulation 31 7 in regulation 31 (secretary of state's default power) - a at the end of paragraph (b) omit "or"; b at the end of paragraph (c) omit the full stop and insert "; or"; and c after paragraph (c) insert - d an upper-tier county council prepares a local plan under paragraph 7b of schedule a1 to the act. . amendment of regulation 32 8 after regulation 32 (joint local plans or supplementary planning documents: corresponding documents) insert - joint local plans prepared under direction by the secretary of state: corresponding documents and corresponding joint development plan documents 32a 1 the period prescribed for the purpose of section 28c(6) of the act is 3 months starting with the day on which the direction given under section 28a of the act is withdrawn or modified by the secretary of state in accordance with section 28c(3) of the act. 2 a corresponding document for the purposes of section 28c(7) of the act is a document prepared by a local planning authority which - a does not relate to any part of the area of any other local planning authority to which the original joint local plan related; and b with respect to the area of the local planning authority which prepared it, has substantially the same effect as the original joint local plan. 3 a corresponding joint development plan document for the purposes of section 28c(7) of the act is a document prepared by two or more local planning authorities which - a does not relate to any part of the area of any other local planning authority to which the original joint local plan related; and b with respect to the areas of the local planning authorities which prepared it, has substantially the same effect as the original joint local plan. 4 in this regulation "original joint local plan" means a joint local plan prepared pursuant to a direction given by the secretary of state under section 28a of the act. amendment of regulation 35 9 in regulation 35(4)(a) (availability of documents: general), for "or a combined authority" substitute ", a combined authority or an upper-tier county council". amendment of schedule 1 10 1 schedule 1 (call-in by the secretary of state) is amended as follows. 2 in paragraph 2a, for "or combined authority" substitute ", combined authority or upper-tier county council". 3 in paragraph 3a - a in sub-paragraph (1), for "or the combined authority under paragraph 6(2)" substitute "the combined authority under paragraph 6(2) or the upper-tier county council under paragraph 7c(2)"; b for "or the combined authority", wherever else it appears in sub-paragraphs (1) and (2), substitute ", the combined authority or the upper-tier county council". 4 in paragraph 4 - a in sub-paragraph (1a), for "or paragraph 6(2) of schedule a1 to the act" substitute ", paragraph 6(2) or 7c(2) of schedule a1 to the act"; b for "or the combined authority", wherever it appears in sub-paragraphs (1a) and (1b), substitute ", the combined authority or the upper-tier county council". 5 in paragraph 6 - a for "or combined authority" substitute ", combined authority or upper-tier county council"; b for "or 6(2) of schedule a1 to the act" substitute ", 6(2) or 7c(2) of schedule a1 to the act." 6 in paragraph 7, for "or combined authority" substitute ", combined authority or upper-tier county council". amendment of schedule 2 11 in paragraph 1(1) of schedule 2 (the relevant authority's default power) - a at the end of sub-paragraph (b) omit "or"; b at the end of sub-paragraph (c) omit the full stop and insert "; or"; and c after sub-paragraph (c) insert - d an upper-tier county council prepares a local plan under paragraph 7b of schedule a1 to the act. . signed by authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 11th december 2017

citation and commencement 1 these regulations may be cited as the personal portfolio bonds (amendment of property categories in section 520 of the income tax (trading and other income) act 2005) regulations 2017 and come into force on 1st january 2018. amendments to section 520 of the income tax (trading and other income) act 2005 2 1 section 520 of the income tax (trading and other income) act 2005 is amended as follows. 2 in the table in subsection (2) - a in the entry relating to category 3, in the second column, at the end insert "or an overseas equivalent", b in the entry relating to category 7, in the second column, omit paragraph (a), and c at the end insert - category 8 shares in a uk reit or an overseas equivalent category 9 an interest in an authorised contractual scheme 3 in subsection (4), at the appropriate places insert - "authorised contractual scheme" means a contractual scheme (within the meaning given by section 235a(1) of fisma 2000) which is authorised for the purposes of fisma 2000 by an authorisation order in force under section 261d(1) of that act, , "overseas equivalent", in relation to an investment trust or a uk reit, means a company - which is resident in a territory outside the united kingdom in accordance with the law of that territory relating to taxation, and which is, under the law of that territory, the equivalent of an investment trust or a uk reit (respectively), , "uk reit" has the same meaning as in part 12 of cta 2010 (see section 518(4)). . mark spencer andrew griffiths two of the lords commissioners of her majesty's treasury 30th november 2017

citation 1 these regulations may be cited as the criminal finances act 2017 (commencement no. 3) regulations 2017. provisions of the act coming into force on 31st october 2017 2 the following provisions of the criminal finances act 2017 come into force on 31st october 2017 - a section 11 (sharing of information within the regulated sector) so far as it applies to relevant undertakings within section 339zg(5)(a) of the proceeds of crime act 2002 ; b section 36 (sharing of information within the regulated sector) so far as it applies to relevant undertakings within section 21cf(6)(a) of the terrorism act 2000 . ben wallace minister of state home office 25th october 2017

citation and commencement 1 these regulations may be cited as the m60 motorway (junctions 8 to 18) and the m62 motorway (junctions 18 to 20) (variable speed limits) regulations 2017 and come into force on 21st august 2017. interpretation 2 in these regulations - "the 1982 regulations " means the motorways traffic (england and wales) regulations 1982 ; "the 2016 regulations and directions " means the traffic signs regulations and general directions 2016 ; and "carriageway", "hard shoulder", "motorway" and "verge" have the same meaning as in the 1982 regulations. variable speed limits 3 1 no person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign. 2 a section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if - a the road is specified in the schedule; b the vehicle has passed a speed limit sign; and c the vehicle has not subsequently passed - i another speed limit sign indicating a different speed limit; or ii a traffic sign which indicates that the national speed limit is in force. 3 in relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign. 4 for the purposes of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force. 5 in this regulation - "national speed limit" has the meaning given by schedule 1 to the 2016 regulations and directions and a traffic sign which indicates that the national speed limit is in force means a traffic sign of the type shown in diagram 671 in part 2 of schedule 10 to the 2016 regulations and directions which is - placed on or near a road; and directed at traffic on the carriageway on which the vehicle is being driven; "road" includes the adjacent hard shoulder and verge; and "speed limit sign" in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in part 2 of schedule 10 to the 2016 regulations and directions which is - situated on or near any part of a road specified in paragraph 1of the schedule; and directed at traffic on the carriageway on which the vehicle is being driven. signed by authority of the secretary of state for transport jesse norman parliamentary under secretary of state department for transport 24th july 2017

citation and commencement 1 1 these regulations may be cited as the valuation tribunal for england (council tax and rating appeals) (procedure) (amendment) regulations 2017. 2 these regulations come into force on 1st april 2017. application 2 the amendments made by these regulations apply only in relation to - a a local non-domestic rating list compiled on or after 1st april 2017; and b a central non-domestic rating list compiled on or after 1st april 2017. interpretation 3 in these regulations "the 2009 procedure regulations " means the valuation tribunal for england (council tax and rating appeals) (procedure) regulations 2009 . amendment of regulation 2 4 in regulation 2 (interpretation: general) of the 2009 procedure regulations - a in paragraph (1) - i in the definition of "appeal", for paragraph (c) substitute - c regulation 13a of the ndr regulations; ; and ii after the definition of "local list" insert - "ndr appeal" means an appeal under regulation 13a of the ndr regulations; ; b in paragraph (3)(d)(i) - i for "regulation 8, 13" substitute "regulation 13a"; and ii for "vo" substitute "vte"; and c after paragraph (3) insert - 4 a reference in these regulations to a matter included in the notice of appeal or any document accompanying the notice of appeal does not include any particulars of the grounds of the proposal with which the vo agreed . 5 in paragraph (4), "particulars of the grounds of the proposal" has the meaning given in the ndr regulations. . amendment of regulation 5 5 in regulation 5 (arrangements for appeals) of the 2009 procedure regulations - a for paragraph (2) substitute - 2 the vte shall not deal with an appeal under regulation 10 of the ct regulations or a ndr appeal until any appeal under regulation 7 of the ct regulations in respect of the same proposal has been decided. ; b in paragraph (3) for "referred under regulation 13" substitute "made under regulation 13a". amendment of regulation 6 6 in regulation 6 (appeal management powers) of the 2009 procedure regulations - a in paragraph (3)(c), before "permit" insert "subject to paragraph (4),"; b in paragraph (3)(d), before "permit" insert "subject to regulations 17, 17a and 18a,"; c after paragraph (3) insert - 4 the vte may permit or require a party to a ndr appeal to amend a document under paragraph (3)(c) only if the amendment is in order to correct an inaccuracy in the document. . amendment of regulation 7 7 in regulation 7 (lead appeals) of the 2009 procedure regulations, in paragraph (1)(a)(ii) for "regulation 13" substitute "regulation 13a". amendment of regulation 17 8 in regulation 17 (evidence and submissions) of the 2009 procedure regulations - a in paragraph (1), for "the vte" substitute "subject to paragraph (1a), the vte"; b after paragraph (1) insert - 1a the vte may only direct a party to a ndr appeal to provide evidence or submissions that relate to a matter included in - a the notice of appeal or any document accompanying the notice of appeal; or b new or further evidence admitted under regulation 17a. ; c in paragraph (2), for "the vte" substitute "subject to regulation 17a, the vte"; d in paragraph (4), at the end insert - c for a ndr appeal, the information relates to a matter included in - i the notice of appeal or any document accompanying the notice of appeal; or ii new or further evidence admitted under regulation 17a. ; and e after paragraph (6) insert - 6a on a ndr appeal, the vte may only admit as evidence documents produced or submitted under paragraph (6)(b) that relate to a matter included in - a the notice of appeal or any document accompanying the notice of appeal; or b new or further evidence admitted under regulation 17a. . insertion of regulation 17a 9 after regulation 17 of the 2009 procedure regulations insert - admission of new evidence on ndr appeal 17a 1 on a ndr appeal, the vte may only admit evidence that was not included in the notice of appeal or any document accompanying the notice of appeal ("new evidence") if - a that evidence - i is provided by a party to the appeal; ii relates to the ground on which the proposal was made; and iii was not known to the party and could not reasonably have been acquired by the party before the proposal was determined under part 2 of the ndr regulations ; or b all the parties to the appeal agree in writing to the party providing the new evidence. 2 if the vte admits new evidence under paragraph (1), the vte may admit further evidence provided by another party to the appeal if the further evidence specifically relates to - a the new evidence; and b the ground on which the proposal was made. 3 a party which provides evidence under paragraph (1) or (2) must also provide that evidence to all the other parties to the appeal. . amendment of regulation 18 10 in regulation 18 (summoning of witnesses, and orders to answer questions or produce documents) of the 2009 procedure regulations, before paragraph (1) insert - a1 in relation to a ndr appeal, this regulation applies subject to regulation 18a. . insertion of regulation 18a 11 after regulation 18 of the 2009 procedure regulations insert - summoning of witnesses, and orders to answer questions or produce documents on ndr appeal 18a 1 this regulation applies in relation to a ndr appeal. 2 the vte may only issue a summons under regulation 18(1)(a) requiring a person to attend a hearing as a witness in relation to matters included in - a the notice of appeal or any document accompanying the notice of appeal; b evidence or submissions provided in accordance with a direction under regulation 17(1); c information to which regulation 17(4) applies which is used in the proceedings by the vo; d evidence admitted under regulation 17(6a); or e new or further evidence admitted under regulation 17a. 3 the vte may only order a person under regulation 18(1)(b) to answer questions in relation to matters included in - a the notice of appeal or any document accompanying the notice of appeal; b evidence or submissions provided in accordance with a direction under regulation 17(1); c information to which regulation 17(4) applies which is used in the proceedings by the vo; d evidence admitted under regulation 17(6a); or e new or further evidence admitted under regulation 17a. 4 the vte may only order a person under regulation 18(1)(b) to produce documents that relate to matters included in - a the notice of appeal or any document accompanying the notice of appeal; b evidence or submissions provided in accordance with a direction under regulation 17(1); c information to which regulation 17(4) applies which is used in the proceedings by the vo; d evidence admitted under regulation 17(6a); or e new or further evidence admitted under regulation 17a. . amendment of regulation 19a 12 in regulation 19a (withdrawals and deemed withdrawals for non-domestic rating appeals) of the 2009 procedure regulations - a in paragraph (2)(a)(ii) for "vo" substitute "appellant"; b for paragraph (3) substitute - 3 the vte must notify each party in writing of a withdrawal under paragraph (2). . c in paragraph (5) after "any" insert "other"; d for paragraph (6)(a) substitute - a the date on which the vte notifies each party under paragraph (3) of the withdrawal of the appeal; or ; e in paragraph (7) for "regulation 13 of the ndr regulations (disagreement as to proposed alteration)" substitute "regulation 13a of the ndr regulations (making an appeal to the vte)"; and f omit paragraphs (9) and (10). amendment of regulation 33 13 in regulation 33 (appeals relating to validity of proposals) of the 2009 procedure regulations - a omit "or regulation 13 of the ndr regulations (disagreement as to proposed alteration)"; b omit "or, as the case may be, the vo". amendment of regulation 36 14 in regulation 36 (notice of decisions) of the 2009 procedure regulations, after paragraph (2) insert - 3 for a ndr appeal - a a decision notice provided under paragraph (2)(a) must be accompanied by a written statement of the vte panel's reasons for the decision; b the statement of reasons for the decision must specify which, if any, grounds of the appeal were made out; and c the vte must send a copy of the decision notice and the statement of reasons for the decision to - i if the appellant is not the ratepayer, the ratepayer; and ii any ip mentioned in regulation 12(2)(e) of the ndr regulations who was served a notice of the vo's decision under regulation 13(2) of those regulations. 4 in paragraph (3)(b), "grounds of the appeal" has the meaning given in regulation 2 of the ndr regulations. . insertion of regulation 37a 15 after regulation 37 (reasons for the decision) of the 2009 procedure regulations insert - matters which must not be taken into account in ndr appeals 37a 1 this regulation applies in relation to a ndr appeal. 2 in determining an appeal, the vte must not take into account any matter unless it was included in - a the notice of appeal or any document accompanying the notice of appeal; b evidence or submissions provided in accordance with a direction under regulation 17(1); c information to which regulation 17(4) applies which is used in the proceedings by the vo; d evidence admitted under regulation 17(6a); or e new or further evidence admitted under regulation 17a. . amendment of regulation 38 16 in regulation 38 (orders other than consent orders) of the 2009 procedure regulations, in paragraph (4) for "an appeal under regulation 13 of the ndr regulations (disagreement as to proposed alteration)" substitute "a ndr appeal". transitional provision 17 the 2009 procedure regulations as in force immediately before these regulations come into force continue to have effect in relation to a rating list compiled before 1st april 2017. signed by authority of the secretary of state for communities and local government marcus jones parliamentary under secretary of state department of communities and local government 16th march 2017

part 1 general citation, commencement and interpretation 1 1 this order may be cited as the water act 2014 (consequential amendments etc.) order 2017 and comes into force on the day after the day on which it is made. 2 in this order - "the 1991 act" means the water industry act 1991 ; "the 2014 act" means the water act 2014. part 2 consequential amendments to primary legislation telecommunications act 1984 2 in section 101(3)(j) of the telecommunications act 1984 , at the end insert "or the water act 2014". airports act 1986 3 in section 74(3)(k) of the airports act 1986 , at the end insert "or the water act 2014". water act 1989 4 in section 174(2) of the water act 1989 - a in paragraph (a), after "the water act 2003" insert ", the water act 2014"; b in paragraph (b), after "by or under this act" insert ", the water act 2014"; c in paragraph (j), after "the water act 2003" insert ", the water act 2014". food safety act 1990 5 in section 55(b) of the food safety act 1990 , for "licensed water supplier" substitute "water supply licensee". the 1991 act 6 1 the 1991 act is amended as follows. 2 in sections 2a(9) and 2b(9) , for "section 2(1)(b)" substitute "section 2(1)". 3 in section 22a(1)(b) - a at the end of sub-paragraph (i) omit "or"; b at the end of sub-paragraph (ii) insert - or iii has failed or is failing to achieve any standard of performance prescribed under section 38za or 95za , . 4 in section 66j(2)(a) , for "licensed water supplier" substitute "water supply licensee". 5 in section 185 - a in subsection (4), for "as the undertaker may reasonably require" substitute "as charging rules allow and the undertaker requires"; b omit subsections (6) and (7). 6 in section 206(3) - a in paragraph (a), after "the water act 2003" insert ", the water act 2014"; b in paragraph (b) - i omit "chapter 4 of part 1 of"; ii at the end insert ", the water act 2003 or the water act 2014"; c in paragraph (j) - i after "the water act 2003", in the first place it occurs, insert ", the water act 2014"; ii for "or the water act 2003" substitute ", the water act 2003 or the water act 2014". water resources act 1991 7 in section 204(2) of the water resources act 1991 - a in paragraph (a), after "the water act 2003," insert "the water act 2014"; b in paragraph (b), for "or the water act 2003" substitute ", the water act 2003 or the water act 2014"; c in paragraph (j) - i after "the water act 2003", in the first place it occurs, insert ", the water act 2014"; ii for "or the water act 2003" substitute ", the water act 2003 or the water act 2014". railways act 1993 8 in section 145 of the railways act 1993 - a for subsection (2)(b)(vi) substitute - vi the water services regulation authority, ; b in subsection (3), after paragraph (t) insert - u the water act 2003; v the water act 2014. . coal industry act 1994 9 in section 59(4) of the coal industry act 1994 , after paragraph (s) insert - t the water act 2014. . environment act 1995 10 1 the environment act 1995 is amended as follows. 2 in section 108(15) - a in the definition of "local enforcing authority", in paragraph (d), at the end insert "or regulations under section 61 of the water act 2014"; b in the definition of ""pollution control functions", in relation to the agency, the natural resources body for wales or sepa", in the words after paragraph (n), after "the pollution prevention and control act 1999" insert "or regulations under section 61 of the water act 2014". 3 in section 113(5) , in the definition of "local enforcing authority", in paragraph (aa), at the end insert "or regulations under section 61 of the water act 2014". 4 in section 114(2)(a)(viii) - a as it applies to england and wales, at the end insert "or regulations under section 61 of the water act 2014 extending to england and wales"; b as it applies to scotland, after "extending to scotland" insert ", under section 61 of the water act 2014 extending to scotland". greater london authority act 1999 11 in section 235 of the greater london authority act 1999 - a for subsection (2)(c)(vi) substitute - vi the water services regulation authority, ; b in subsection (3) - i after paragraph (rt) insert - rta the water act 2003; ; ii after paragraph (u) insert - v the water act 2014. . utilities act 2000 12 in section 105(6)(l) of the utilities act 2000 , at the end insert "or the water act 2014". transport act 2000 13 in paragraph 3(3) of schedule 9 to the transport act 2000 , after paragraph (rg) insert - rh the water act 2014; . enterprise act 2002 14 in schedule 15 to the enterprise act 2002 , after the entry relating to the energy act 2013 insert - water act 2014. . regulatory enforcement and sanctions act 2008 15 in schedule 7 to the regulatory enforcement and sanctions act 2008 , after the entry relating to the vehicle excise and registration act 1994 insert - water act 2014 (c. 21) , section 61 . civil aviation act 2012 16 in paragraph 4(3) of schedule 6 to the civil aviation act 2012 , after the entry for the enterprise and regulatory reform act 2013 insert - water act 2014; . part 3 consequential amendments and modifications to secondary legislation the water supply (water fittings) regulations 1999 17 in regulations 2, 3, 5 and 12(1)(aa) of, and schedules 1 and 2 to, the water supply (water fittings) regulations 1999 , for "licensed water supplier", in each place it occurs, substitute "water supply licensee". the drinking water (undertakings) (england and wales) regulations 2000 18 1 the drinking water (undertakings) (england and wales) regulations 2000 are amended as follows. 2 in regulation 1(3) - a for the definition of "licensed water supplier" substitute - "water supply licensee" is to be construed in accordance with section 17a(1) of the water industry act 1991 ; b in the definition of "the relevant enforcement authority", for paragraph (a) substitute - a in relation to a company whose area of appointment as a water undertaker is wholly or mainly in wales or a person who is a water supply licensee as regards licensed activities using the supply system of any such water undertaker, the welsh ministers; . 3 in regulation 3(1) - a for "company", in both places it occurs, substitute "person"; b in sub-paragraph (e), for "company's" substitute "person's". 4 in regulation 4(d), for "company" substitute "person". the water industry (determination of turnover for penalties) order 2005 19 1 the water industry (determination of turnover for penalties) order 2005 is amended as follows. 2 in article 2 - a in paragraph (1) - i in paragraph (b) of the definition of "business year", for "licensed water supplier" substitute "water supply licensee or sewerage licensee"; ii omit the definition of "company"; iii for the definition of "regulated activities" substitute - "regulated activities" means - in the case of a person holding an appointment as a water undertaker, its functions as a water undertaker; in the case of a person holding an appointment as a sewerage undertaker, its functions as a sewerage undertaker; in the case of a water supply licensee, the activities authorised by its water supply licence; or in the case of a sewerage licensee, the activities authorised by its sewerage licence; ; iv at the appropriate places insert - "person" means a relevant undertaker or a water supply licensee or a sewerage licensee; ; "sewerage licence" is to be construed in accordance with section 17ba(1) of the act ;" . b in paragraph (2) - i for "company", in each place it occurs, substitute "person"; ii for "company's", in both places it occurs, substitute "person's". 3 in article 3 - a for "company", in both places it occurs, substitute "person"; b in paragraph (4) - i in sub-paragraph (a) omit "or"; ii at the end of sub-paragraph (b) insert - or c a sewerage licence, . the water supply (fluoridation indemnities) (england) regulations 2005 20 1 the water supply (fluoridation indemnities) (england) regulations 2005 are amended as follows. 2 in regulation 1(2), for "licensed water suppliers" substitute "water supply licensees". 3 in regulation 2(2), for "licensed water supplier" substitute "water supply licensee". 4 in schedule 2 - a in the heading, for "licensed water suppliers" substitute "water supply licensees"; b for "licensed water supplier", in each place it occurs, substitute "water supply licensee". the water supply (exceptions from supply system prohibitions) regulations 2005 21 in regulation 3(3)(a)(i) of the water supply (exceptions from supply system prohibitions) regulations 2005 , for "licensed water supplier" substitute "water supply licensee". the water supply licence (new customer exception) regulations 2005 22 1 the water supply licence (new customer exception) regulations 2005 are amended as follows. 2 in regulation 3(1), for "licensed water supplier", in both places it occurs, substitute "water supply licensee". 3 in regulation 4, for "with the approval of the secretary of state" substitute "from time to time with the approval of the welsh ministers". 4 in regulation 5(1), for "licensed water supplier", in each place it occurs, substitute "water supply licensee". the water resale order 2006 23 in the water resale order 2006 made under section 150 of the 1991 act by the director general of water services - a in paragraph 4, "licensed water supplier" has effect as if it read "water supply licensee or sewerage services provided by a sewerage licensee"; b in paragraph 5, the definition of "licensed water supplier" has effect as if it read - "water supply licensee or sewerage licensee" is to be construed in accordance with section 17a(1) or 17ba(1) of the act. ; c in paragraphs 6 and 9, "licensed water supplier", in each place it occurs, has effect as if it read "water supply licensee or sewerage licensee". the cross-border insolvency regulations 2006 24 in article 1 of schedule 1 to the cross-border insolvency regulations 2006 , in paragraph 2(a), for "licensed water supplier" substitute "water supply licensee". the water industry (special administration) rules 2009 25 in rules 3(1), 7(3) and (4)(b) and 8(1)(a) of the water industry (special administration) rules 2009 , for "licensed water supplier" substitute "water supply licensee". the flood risk regulations 2009 26 in regulation 36(3)(e) of the flood risk regulations 2009 , after "the water industry act 1991 or" insert "a person who holds". the private water supplies (wales) regulations 2010 27 1 regulation 8 of the private water supplies (wales) regulations 2010 is amended as follows - a in the english language text - i in the heading, for "licensed water suppliers" substitute "water supply licensees"; ii for "licensed water supplier", in both places it occurs, substitute "water supply licensee"; b in the welsh language text - i in the heading, for "gyflenwyr dr trwyddedig" substitute "drwyddedeion cyflenwi dr"; ii for "gyflenwr dr trwyddedig", in both places it occurs, substitute "drwyddedai cyflenwi dr". the water supply (water quality) regulations 2010 28 1 the water supply (water quality) regulations 2010 are amended as follows. 2 in regulations 1(2)(b) and (3)(c), 21 and 36(2)(b), for "licensed water supplier", in each place it occurs, substitute "water supply licensee". 3 in regulation 2(1) - a omit the definition of "combined licensee"; b in the definition of "relevant supplier", for "licensed water supplier" substitute "water supply licensee"; c for the definition of "retail licensee" substitute - "retail licensee" means a person who is the holder of a water supply licence with a restricted retail authorisation within the meaning of schedule 2a to the act ; ; d at the appropriate place insert - "supplementary licensee" means a person who is the holder of a water supply licence with a supplementary authorisation within the meaning of schedule 2a to the act; . 4 in regulations 5(4), 8(2) and (3), 12(2), 13(1) and (3), 14 to 19, 22(3) and (4), 27 to 29, 30(1) and (3), 31 to 34 and 37(2), for "combined licensee", in each place it occurs, substitute "supplementary licensee". 5 in regulation 18(9), for "combined license" substitute "supplementary licensee". the postal services act 2011 (disclosure of information) order 2012 29 in article 4 of the postal services act 2011 (disclosure of information) order 2012 , after the entry for the energy act 2013 insert - the water act 2014; . the water industry (specified infrastructure projects) (english undertakers) regulations 2013 30 1 the water industry (specified infrastructure projects) (english undertakers) regulations 2013 are amended as follows. 2 in regulation 3 - a for paragraph (3)(a) and (b) substitute - a in subsection (1) (when the general duties of the secretary of state and the authority apply), after "by virtue of", there were inserted "the water industry (specified infrastructure projects) (english undertakers) regulations 2013 or"; b in subsection (2a) (primary duties) - i the "and" following paragraph (d) were repealed; ii for paragraph (e), there were substituted - e to further the resilience objective; f to secure that the functions of a licensed infrastructure provider are properly carried out; and g to secure that relevant licensed infrastructure providers are able (in particular, by securing reasonable returns on their capital) to finance the proper carrying out of those function" ; b omit paragraph (3)(f); c in paragraph (5) - i for "section 2(1)(a)" substitute "section 2(1)"; ii for "licensed water suppliers" substitute "water supply licensees and sewerage licensees". 3 schedule 1 is amended in accordance with paragraphs (4) to (16). 4 in paragraph 1(1)(a), after "paragraphs" insert "1a,". 5 after paragraph 1 insert - strategic priorities and objectives 1a section 2a (strategic priorities and objectives: england) applies without modification. . 6 in paragraph 2 - a for "licensed water supplier" substitute "water supply licensee or sewerage licensee"; b for ""supplier"" substitute ""sewerage licensee"". 7 in paragraph 3 - a in sub-paragraph (1), for "(licensing of water suppliers)" substitute "(water supply licences)"; b in sub-paragraph (3)(b)(ii)(aa), for "licensed water supplier" substitute "sewerage licensee"; c for sub-paragraph (3)(b)(ii)(bb) substitute - bb for paragraph (b), there were substituted - b it is proposed that on and after the relevant date another company ("the transferee") should carry on - i where the transferor is a qualifying water supply licensee, activities relating to the introduction or introductions of water mentioned in section 23(6)(b) of this act which were carried on by the transferor until that date; ii where the transferor is a qualifying sewerage licensee, activities relating to the removal or removals of matter mentioned in section 23(9) of this act which were carried on by the transferor until that date; or iii where the transferor is a licensed infrastructure provider, functions formerly carried on by the transferor in its capacity as a licensed infrastructure provider ; d for sub-paragraph (3)(b)(iv)(aa) substitute - aa in the definition of "other relevant companies" - i in paragraph (a), after "this act" there were inserted "or, as the case may be, the functions to which its project licence relates; ii in paragraph (b), after "this act" there were inserted "or, as the case may be, the functions to which its project licence relates" . 8 in paragraph 5 - a in sub-paragraph (1), for "water supply licences" substitute "licences"; b in sub-paragraph (2) - i in the words before paragraph (a), for "(water supply licences: modification references to the cma)" substitute "(modification references to competition authority)"; ii omit paragraph (a); iii in paragraph (b), for "after "a particular licence"" until the end substitute "after "a particular water supply or sewerage licence" there were inserted "or project licence granted under this chapter""; iv in paragraph (c)(i), omit ", (iv)"; c in sub-paragraph (4) - i in the words before paragraph (a), omit "water supply licences:"; ii omit paragraph (a); iii in paragraph (b)(i), for "each of sub-paragraphs (ii) and (iv)" substitute "sub-paragraph (ii)"; d in sub-paragraph (5) - i in the words before paragraph (a), for "(water supply licences: modification following report)" substitute "(modification of licences following report)"; ii omit paragraph (a); iii in paragraph (b)(i), omit ", (iii)"; e in sub-paragraph (6) - i in the words before paragraph (a), for "(water supply licences: cma's power of veto following report)" substitute "(power of veto following report)"; ii omit paragraph (a); iii in paragraph (b)(i), omit ", (v)"; f in sub-paragraph (8) - i in the words before paragraph (a), for "(water supply licences: modification by order under the enterprise act 2002 )" substitute "(modification by order under other enactments)"; ii omit paragraph (a); iii in paragraph (b), for "combined licence" in both places it occurs, substitute "sewerage licence". 9 in paragraph 6 - a in sub-paragraph (1), for "licensed water supplier" substitute "water supply licensee or sewerage licensee"; b for "company", in each place it occurs, substitute "person". 10 in paragraph 7 - a for "licensed water supplier", in each place it occurs, substitute "water supply licensee"; b in sub-paragraph (2)(b), for "licensed water suppliers" substitute "water supply licensees". 11 in paragraph 8 - a in sub-paragraph (a)(i), for ""licensed water suppliers"" substitute ""sewerage licensees""; b for sub-paragraph (c)(ii), substitute - ii after "(see sections 17a and 17ba )" there were inserted "or project licences" . 12 in paragraph 11 - a in sub-paragraph (2)(b)(ii) omit "and"; b after sub-paragraph (2)(b) insert - ba in subsection (6) (power of authority to direct in relation to compliance of a charges scheme) - i in the words before paragraph (a), after "relevant undertaker's", there were inserted "or a licensed infrastructure provider's"; ii in the words after paragraph (d), after "the undertaker", there were inserted "or the licensed infrastructure provider"; bb in subsection (6b) (consultation with the council about a charges scheme), after "relevant undertaker", there were inserted "or a licensed infrastructure provider"; bc in subsection (6c) (power of authority to direct in relation to compliance of a charges scheme with rules), after "relevant undertaker", there were inserted "or a licensed infrastructure provider"; bd in subsection (6d) (duty to comply with a direction), after "relevant undertaker", there were inserted "or a licensed infrastructure provider"; be after subsection (6d), there were inserted - 6e rules (and revised rules) issued by the authority under this section in relation to relevant undertakers have effect as if they were issued in relation to licensed infrastructure providers and apply to licensed infrastructure providers as they apply to relevant undertakers, unless otherwise stated. ; c omit sub-paragraph (2)(c); d after sub-paragraph (2) insert - 2a section 143b (rules about charges schemes) applies as if - a in subsection (7), after "relevant undertakers", there were inserted "or licensed infrastructure providers"; b after subsection (10), there were inserted - 11 rules (and revised rules) issued by the authority under this section in relation to relevant undertakers have effect as if they were issued in relation to licensed infrastructure providers and apply to licensed infrastructure providers as they apply to undertakers, unless otherwise stated." 2b section 143c (rules under section 143b: procedure) applies as if in subsection (6)(a), after "england", there were inserted "or licensed infrastructure providers". 2c section 143d (rules under section 143b: minor or urgent revisions) applies without modification. 2d section 143e (rules under section 143b: guidance) applies as if in subsection (7)(a), after "england", there were inserted "or licensed infrastructure providers;" e in sub-paragraph (3)(a), in the text of section 144(1a)(b) of the 1991 act as it has effect as inserted by that sub-paragraph, for "licensed water supplier" substitute "water supply licensee or sewerage licensee"; f after sub-paragraph (3) insert - 3a section 144ze (general guidance on charges) applies as if - a in subsection (13)(a), after "england", there were inserted "or licensed infrastructure providers"; b after subsection (13), there were inserted - 14 guidance (and revised guidance) issued by the secretary of state under this section which applies to the authority in relation to relevant undertakers whose areas are wholly or mainly in england has effect as if it was issued in relation to licensed infrastructure providers and applies to licensed infrastructure providers as it applies to the authority in relation to relevant undertakers whose areas are wholly or mainly in england, unless otherwise stated. 3b section 144zf (guidance under section 144ze: procedure) applies without modification. 13 in paragraph 13(1)(c)(ii), omit the words "in the first place it occurs,". 14 in paragraph 14 - a omit sub-paragraph (1)(a); b in sub-paragraph (6) - i for "licensed water suppliers", in both places it occurs, substitute "water supply licensees and sewerage licensees"; ii in paragraph (c), for "licensed water supplier", in both places it occurs, substitute "sewerage licensee"; c omit sub-paragraph (7)(a); d after sub-paragraph (7)(b) insert - c in subsection (8) (definition of "the minister"), after paragraph (a)(ii), there were inserted - iii any licensed infrastructure provider carrying out functions using the supply system or sewerage system of any such undertaker" 15 in paragraph 15 - a in sub-paragraph (a) - i in paragraph (i), for "licensed water supplier", in both places it occurs, substitute "sewerage licensee"; ii in paragraph (ii), for "supplier", in both places it occurs, substitute "licensee"; b in sub-paragraph (b) - i in paragraph (i), for "licensed water supplier", in both places it occurs, substitute "sewerage licensee"; ii in paragraph (ii), for "supplier", in both places it occurs, substitute "licensee"; and c in sub-paragraph (c) - i for "licensed water suppliers" substitute "water supply licensees and sewerage licensees"; ii for "licensed water supplier", in both places it occurs, substitute "sewerage licensee". 16 in paragraph 16(2)(a)(i), in paragraph (a)(i) of the definition of "customer or potential customer" as it has effect as substituted by that paragraph, for "licensed water supplier" substitute "water supply licensee or sewerage licensee". the insolvency (protection of essential supplies) order 2015 31 in article 2 of the insolvency (protection of essential supplies) order 2015 , omit paragraph (4). the water supply (water quality) regulations 2016 32 1 the water supply (water quality) regulations 2016 are amended as follows. 2 in regulations 1(2)(b) and (3)(c), 19(3), 21, 26(2), 28(6), 34(1) and 36(2)(b), for "licensed water supplier", in each place it occurs, substitute "water supply licensee". 3 in regulation 2 - a omit the definition of "combined licensee"; b in the definition of "relevant supplier", for "licensed water supplier" substitute "water supply licensee"; c for the definition of "retail licensee" substitute - "retail licensee" means a person who is the holder of a water supply licence with a retail authorisation within the meaning of schedule 2a to the act; ; d in the definition of "water of a relevant description", for "combined licensee" substitute "wholesale licensee"; e in the definition of "water supply zone", for "licensed water supplier" substitute "water supply licensee"; f at the appropriate place insert - "wholesale licensee" means a person who is the holder of a water supply licence with a wholesale authorisation within the meaning of schedule 2a to the act ; . 4 in regulations 5(5), 8(3) and (4), 12(2), 13(1) and (4), 14 to 18, 19(1) and (2), 22(3) and (4), 26 to 28, 29(2) and (4), 31 to 34 and 37(2), for "combined licensee", in each place it occurs, substitute "wholesale licensee". 5 in regulation 34(2), after sub-paragraph (c) insert - ca particulars of all consumer contacts made in relation to the discharge of duties under these regulations; . the private water supplies (england) regulations 2016 33 1 the private water supplies (england) regulations 2016 are amended as follows. 2 in regulation 2(1), in the definition of "private water supply" and "private supply of water", for "licensed water supplier" substitute "water supply licensee". 3 in regulation 8 - a in the heading, for "licensed water suppliers" substitute "water supply licensees"; b for "licensed water supplier", in both places it occurs, substitute "water supply licensee". part 4 transitional provision the 1991 act 34 the amendments made to section 185 of the 1991 act by article 6(5) do not have effect - a in relation to water undertakers and sewerage undertakers whose areas are wholly or mainly in england until section 20 of the 2014 act is brought into force by the secretary of state; b in relation to water undertakers and sewerage undertakers whose areas are wholly or mainly in wales until section 20 of the 2014 act is brought into force by the welsh ministers. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 30th march 2017

citation, commencement and extent 1 1 these regulations may be cited as the immigration act 2016 (consequential amendments) (licensing of booking offices: scotland) regulations 2017 and come into force on 22nd january 2018. 2 these regulations extend to scotland only. interpretation 2 in these regulations - "the 2009 order " means the civic government (scotland) act 1982 (licensing of booking offices) order 2009 ; " the act " means the civic government (scotland) act 1982 ; "booking office licence" means a licence for an activity designated as an activity for which a licence is required under part i of the act by article 2 of the 2009 order. amendments to the civic government (scotland) act 1982 (licensing of booking offices) order 2009 3 the 2009 order is amended as follows. 4 in article 1, paragraph (2), at the appropriate place insert - "booking office licence" means a licence for an activity designated under article 2; . 5 after article 3 (application of part i of the act) insert - booking office licences for persons subject to immigration control 3a 1 this article applies to a licence for the activity designated by article 2. 2 a licensing authority shall not grant a licence to a person, or renew a person's licence in respect of the activity designated by article 2 unless the authority is satisfied that the person is not disqualified by reason of the person's immigration status from holding a booking office licence. 3 for the purposes of paragraph (2) a person is disqualified by reason of the person's immigration status from holding a booking office licence if the person is subject to immigration control and - a the person has not been granted leave to enter or remain in the united kingdom, or b the person's leave to enter or remain in the united kingdom - i is invalid, ii has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or iii is subject to a condition preventing the person from holding a booking office licence. 4 in determining for the purposes of paragraph (2) whether a person is disqualified by reason of the person's immigration status from holding a booking office licence, a licensing authority must have regard to any guidance issued by the secretary of state. 5 where a person is on immigration bail within the meaning of part 1 of schedule 10 to the immigration act 2016 - a the person is to be treated for the purposes of this section as if the person had been granted leave to enter the united kingdom, but b any condition as to the person's work in the united kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave. 6 for the purposes of this article a person is subject to immigration control if under the immigration act 1971 the person requires leave to enter or remain in the united kingdom. . 6 in the schedule (application of part i of the act) - a after paragraph 3 insert - 3a in paragraph 8a (taxi etc driving licences for persons subject to immigration control) of schedule 1 - a in sub-paragraph (1)(a) after "private hire car driver's licence" insert "or booking office licence"; b in sub-paragraph (3)(a) after "private hire car driver's licence" insert "or booking office licence"; c after sub-paragraph (5) insert - 5a a booking office licence ceases to have effect if the person to whom it was granted becomes disqualified by reason of the person's immigration status from holding a booking office licence. . 3b in paragraph 11 (suspension and revocation of licences) of schedule 1, in sub-paragraph (2a) after "private hire car driver's licence" insert "or a booking office licence". 3c in paragraph 18 (appeals) of schedule 1, in sub-paragraph (8a) after "private hire car driver's licence" insert "or a booking office licence". ; b for paragraph 4 substitute - 4 after paragraph 20 of schedule 1 insert - 21 1 in this schedule- a "booking office licence" means a licence for an activity designated as an activity for which a licence under part i of the act is required by article 2(1) of the 2009 order, and b "relevant premises" and "relevant vehicle" have the same meaning as in the 2009 order. 2 in this paragraph "the 2009 order" means the civic government (scotland) act 1982 (licensing of booking offices) order 2009. ". transitional provisions 7 1 an amendment made to the 2009 order by regulation 4 or 5 does not apply in relation to an application for the grant or renewal of a booking office licence made before the coming into force of that regulation. 2 subject to paragraphs (3) and (4), the amendments to the 2009 order made by these regulations do not apply in relation to a booking office licence if the application to the licensing authority as a result of which that licence was granted or renewed was made before the coming into force of these regulations. 3 an amendment made by regulation 5(a) applies in relation to a conviction for an immigration offence only if the conduct which constitutes the offence occurred after the coming into force date of that regulation. 4 an amendment made by regulation 5(a) applies in relation to a requirement to pay an immigration penalty only if the conduct which resulted in the penalty becoming payable occurred after the coming into force date of that regulation. brandon lewis minister of state home office 19th december 2017

citation, commencement and application 1 1 these regulations may be cited as the greater london authority (consolidated council tax requirement procedure) regulations 2017 and come into force on 5th january 2018. 2 these regulations apply in relation to the financial year beginning on 1st april 2018 only. modification of the greater london authority act 1999 2 in paragraph 3(4) (draft consolidated budget) of schedule 6 to the greater london authority act 1999, for "1st february" substitute "15th february". 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 12th december 2017

citation and commencement 1 these regulations may be cited as the council tax (demand notices) (england) (amendment) regulations 2017 and come into force on 10th february 2017. amendment of the council tax (demand notices) (england) regulations 2011 2 1 the council tax (demand notices) (england) regulations 2011 are amended in accordance with paragraphs (2) to (5). 2 in regulation 2 (interpretation) - a in paragraph (1) - i after the definition of "preceding year" insert - "prior year", in relation to a notice, means any year before the relevant year; ii at the end of the definition of "relevant precepting authority" omit "and"; iii after the definition of "relevant year" insert - and "subsequent year", in relation to a notice, means any year after the year beginning in 2016. b in paragraph (3) - i after "where, in relation to the year beginning in 2016" insert "or in relation to any subsequent year"; ii in sub-paragraph (a) for "year beginning in 2015" substitute "preceding year"; iii in sub-paragraph (b) after "the authority intends to use" insert ", or has in any prior year used,"; c in paragraph (4) at the end insert - or in any subsequent year . 3 in regulation 8 (supply of information by precepting authorities) - a in paragraph (3a) - i after "beginning in 2016" insert "or for any subsequent year"; ii in sub-paragraph (b) after "adult social care precept" insert "in the relevant year or in any prior year"; b for paragraph (3c) substitute - 3c the information mentioned in paragraph (3a)(b) is, in relation to each category of dwellings in the billing authority's area - a the amount of the precept issued under section 40 of the act which is attributable to the adult social care precept in the relevant year and in any prior year; b the amount referred to in sub-paragraph (a) less any amount attributable to the adult social care precept in any prior year; c the percentage change between - i the precept issued under section 40(2)(a) of the act for the preceding year; and ii the precept issued under section 40(2)(a) of the act for the relevant year, expressed to one decimal place; d the number of percentage points of the percentage change at sub-paragraph (c) which are attributable to the amount calculated in accordance with sub-paragraph (b), expressed to one decimal place; and e the number of percentage points of the percentage change at sub-paragraph (c) which are not attributable to the amount referred to in sub-paragraph (b), expressed to one decimal place. 4 in schedule 1 (matters to be contained in demand notices) - a in paragraph 7a - i in sub-paragraph (1)(a) after "in relation to the year beginning in 2016" insert and to any subsequent year ; ii in sub-paragraph (1)(c) after "amount attributable to the adult social care precept" insert "in the relevant year or in any prior year"; iii for sub-paragraph (2) substitute - 2 the.notice must contain the matters specified in sub-paragraphs (3) and (4). ; iv in sub-paragraph (3) - aa for "less the" substitute "less any"; bb after "attributable to the adult social care precept" insert "in the relevant year and in any prior year"; v for sub-paragraph (5) substitute - 5 the amount referred to in sub-paragraph (4) must represent the aggregate of - a the amount attributable to the adult social care precept in the relevant year; and b the amount attributable to the adult social care precept in any prior year. b in paragraph 8a - i in sub-paragraph (1)(a) after "in relation to the year beginning in 2016" insert - and to any subsequent year ; ii in sub-paragraph (1)(c) after "adult social care precept" insert "in the relevant year or in any prior year"; iii for sub-paragraph (2) substitute - 2 the notice must contain the matters specified in sub-paragraphs (3) and (4). iv in sub-paragraph (3) - aa for "less the amount" substitute "less any amount which is"; bb after "adult social care precept" insert "in the relevant year and in any prior year"; v for sub-paragraph (5) substitute - 5 the amount referred to in sub-paragraph (4) must represent the aggregate of - a the amount attributable to the adult social care precept in the relevant year; and b the amount attributable to the adult social care precept in any prior year. c in paragraph 12a(1) at the end insert "and to any subsequent year". d in paragraph 17a - i in sub-paragraph (1)(a) at the end insert "and to any subsequent year"; ii in sub-paragraph (2)(a) for "year beginning in 2015" substitute "preceding year"; iii in sub-paragraph (2)(b) - aa for "year beginning in 2016" substitute "relevant year"; bb after "adult social care precept" insert "in the amount set by the authority under section 30 of the act in the relevant year"; iv after sub-paragraph (2)(b) insert - c the amount referred to in sub-paragraph (2)(b) must not include an amount set by the authority under section 30 of the act attributable to the adult social care precept in any prior year. ; v for sub-paragraph (3) substitute - 3 where the notice specifies an amount under paragraph 7a(4), both - a the percentage change calculated in accordance with sub-paragraph (2); and b the number of percentage points which the amount attributable to the adult social care precept in the relevant year represents as part of the percentage change between - i the amount set by the authority under section 30 of the act in the preceding year; and ii the amount set by the authority under section 30 of the act in the relevant year, expressed to one decimal place. c the amount attributable to the adult social care precept referred to in sub-paragraph (3)(b) must not include any amount attributable to the adult social care precept in any prior year. e in paragraph 17b - i in sub-paragraph (1)(a) after "in relation to the year beginning in 2016" insert "and to any subsequent year"; ii in sub-paragraph (2)(a) for "year beginning in 2015" substitute "preceding year"; iii in sub-paragraph (2)(b) - aa for "year beginning in 2016" substitute "relevant year"; bb after "adult social care precept" insert "in the precept issued by the authority under section 40(2)(a) of the act for the relevant year"; iv after sub-paragraph (2)(b) insert - c the amount referred to in sub-paragraph (2)(b) must not include any amount in the precept issued by the authority under section 40(2)(a) of the act which is attributable to the adult social care precept in any prior year. v in sub-paragraph (3) for "8a(5)" substitute "8a(4)"; vi in sub-paragraph (3)(a) after "the percentage" insert "change"; vii for sub-paragraph (3)(b) substitute - b the number of percentage points which the amount attributable to the adult social care precept in the relevant year represents as part of the percentage change between - i the precept issued by the authority under section 40(2)(a) of the act for the preceding year; and ii the precept issued by the authority under section 40(2)(a) of the act for the relevant year, expressed to one decimal place; c the amount attributable to the adult social care precept referred to in sub-paragraph (3)(b) must not include any amount attributable to the adult social care precept in any prior year. f at the end of paragraph 27 insert - f in relation to the year beginning in 2017 and to any subsequent year, the following statement - for adult social care authorities, council tax demand notices show two percentage changes: one for the part of the overall change attributable to the adult social care precept, and one for the part attributable to general expenditure. 5 in schedule 2 (information to be supplied with demand notices) after paragraph 7 insert - 8 in relation to the year beginning in 2017 and any subsequent year, the following statement - the secretary of state for communities and local government has made an offer to adult social care authorities. ("adult social care authorities" are local authorities which have functions under part 1 of the care act 2014, namely county councils in england, district councils for an area in england for which there is no county council, london borough councils, the common council of the city of london and the council of the isles of scilly.) the offer is the option of an adult social care authority being able to charge an additional "precept" on its council tax for financial years from the financial year beginning in 2016 without holding a referendum, to assist the authority in meeting expenditure on adult social care. subject to the annual approval of the house of commons, the secretary of state intends to offer the option of charging this "precept" at an appropriate level in each financial year up to and including the financial year 2019-20. 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 11th january 2017

part 1 introductory provision citation and commencement 1 these regulations may be cited as the investment bank (amendment of definition) and special administration (amendment) regulations 2017, and come into force on the 21st day after the day on which they are made. part 2 definition of "investment bank" amendment of definition 2 1 an institution of a class specified in paragraph (2) is to be treated as an investment bank for the purpose of sections 232 to 236 of the banking act 2009. 2 this paragraph specifies the following classes of institution - a an institution which has permission under part 4a of the financial services and markets act 2000 to carry on the activity specified by article 51za of the financial services and markets act 2000 (regulated activities) order 2001 (managing a ucits ) or article 51zc of that order (managing an aif); and b an institution which has permission under part 4a of that act to carry on the regulated activity specified by article 51zb of that order (acting as trustee or depositary of a ucits) or article 51zd of that order (acting as trustee or depositary of an aif). amendment of the banking act 2009 in consequence of regulation 2 3 in section 232 of the banking act 2009 (definition of "investment bank") - a in subsection (2) after paragraph (a) insert - aa managing an aif or a ucits, ab acting as trustee or depositary of an aif or a ucits, ; and b after subsection (2) insert - 2a subsection (2) must be read with section 22 of the financial services and markets act 2000, taken with schedule 2 to that act and any order under section 22 . . part 3 investment bank insolvency regulations amendment of the investment bank special administration regulations 2011 4 the investment bank special administration regulations 2011 are amended as follows. interpretation of additional expressions 5 in regulation 2 (interpretation) - a in paragraph (1) - i after the definition of "client" insert - "client money account" means an account which the investment bank maintains in accordance with client money rules, including an account with any person which the investment bank maintains for the purpose of - any transaction with or by that person for a client's benefit; or meeting a client's obligation to provide collateral for a transaction; "client money" means client assets which are money received or held by an investment bank for, or on behalf of, clients; "client money pool" means the pool of client money which is held on trust by the investment bank in accordance with client money rules and has been pooled in accordance with those rules for the purpose of distribution; "client money rules" means rules made under part 9a of fsma (rules and guidance) which make provision relating to the handling and distribution of money held by a person who is authorised for the purposes of fsma; ; ii after the definition of "fca" insert - "foreign property" has the meaning given by section 39(2) of the act; ; and b after paragraph (2) insert - 2a in these regulations a reference to the investment bank's own bank accounts includes a reference to any account, other than a client money account, opened by the administrator for the purposes of the special administration. . overview 6 in regulation 3 (overview), in paragraph (3) re-number sub-paragraphs (c) and (d) so that they become paragraphs (i) and (ii) of sub-paragraph (b). special administration objectives - duties of co-operation for the achievement of objective 1 7 after regulation 10 (special administration objectives) insert - objective 1 - duty of administrator to work with the fscs 10a 1 the administrator must - a as soon as reasonably practicable after appointment as the administrator, inform the fscs of the value of client assets held by the investment bank for each of the clients of the investment bank; b keep the fscs informed about progress towards the achievement of objective 1; c comply, as soon as reasonably practicable, with any request by the fscs for the provision of information or the production of documents relating to the client assets held by the investment bank; and d at the request of the fscs, provide any assistance identified by the fscs as being necessary for the purpose of enabling the fscs to administer the compensation scheme in relation to the entitlement of clients of the investment bank to compensation. 2 where the administrator is required by this regulation to provide any information or produce any document, the administrator may provide the information or produce the document in hard copy or in electronic format. 3 this regulation does not apply if the administrator is appointed under a special administration (bank insolvency) order (within the meaning given by paragraph 2 of schedule 1). . transfer of client assets 8 after regulation 10a insert - objective 1 - transfer of client assets 10b 1 this regulation applies where - a the administrator, in pursuit of objective 1 (whether or not also in pursuit of objective 3) enters into a binding arrangement with another financial institution for the transfer to that institution ("the transferee") of all or some of the property, rights and liabilities of the investment bank; and b for the purposes of that transfer the arrangement includes provision for a transfer of client assets to the transferee or to a person who has undertaken to receive or hold any of the assets to the order of the transferee. 2 this regulation is subject to the restrictions on partial property transfers in regulations 10c to 10g. 3 the transfer of client assets which the investment bank has undertaken to hold under a client contract and of relevant rights and liabilities is to have effect in spite of any - a restriction affecting what can or cannot be assigned or transferred by the investment bank (whether generally or by a particular person or particular description of persons); b requirement to give notice to, or obtain the consent (however referred to) of, any person who is party to the client contract; or c entitlement of any person to the return of the assets otherwise than by transfer under the arrangement. 4 for these purposes it does not matter whether a restriction, requirement or entitlement has effect by virtue of a provision contained in a contract or an enactment, or in any other way, except that in paragraph (3)(a) a restriction does not include a restriction in client money rules. 5 to the extent that rights and liabilities under a client contract are transferred by the arrangement, the contract is to be treated for the purposes of the arrangement as if it had been made by the transferee rather than the investment bank. 6 the transferee may vary the terms of client contracts without obtaining the agreement of persons who are party to the contracts to the extent necessary for giving effect to the transfer and ensuring that the powers, rights and obligations of the transferee acting as a trustee are exercisable. 7 where necessary for the purposes of the arrangement the administrator may disclose to the transferee all information which is, in the administrator's view, relevant to the transfer of client assets or rights and liabilities under client contracts. 8 subject to paragraph (9), paragraph (7) overrides any contractual or other requirement to keep information in confidence. 9 paragraphs (7) and (8) do not authorise a disclosure, in contravention of any provisions of the data protection act 1998 , of any personal data which are not exempt from the provisions of that act. 10 the arrangement must include such provision as the administrator thinks necessary to ensure that clients whose assets are to be transferred will be able to exercise their rights in relation to the assets as soon as reasonably practicable after the transfer. 11 for the purposes of this regulation, if the arrangement purports to transfer all of the property, rights and liabilities of the investment bank, it is to be treated as having done so effectively (so that none of regulations 10c to 10g applies to it) notwithstanding the possibility that any property, right or liability purportedly transferred is foreign property and might not have been effectively transferred by the arrangement. 12 in this regulation a reference to rights and liabilities of the investment bank or to rights and liabilities under a client contract, in relation to property held by the investment bank on trust (however arising), includes a reference to - a the legal and beneficial interest of the investment bank in the property; and b the powers and obligations of the investment bank acting as a trustee of the property. 13 in this regulation - "client assets" means client assets (within the meaning given by section 232(4) of the act) and assets equivalent to those which the investment bank undertook to hold for clients; "client contract" means a contract under which the investment bank undertook to - receive or hold client assets; or provide any services or enter into any transactions for the benefit of a particular client in relation to the investment bank's holding of client assets for that client; "partial property transfer" means an arrangement of a kind referred to in paragraph (1) for the transfer of some, but not all, of the property, rights and liabilities of the investment bank; and "relevant rights and liabilities", in relation to a client contract, means the rights and liabilities under the contract so far as they have effect in relation to any client assets which are to be transferred by the arrangement. restrictions on partial property transfers - general provision 10c 1 regulation 10b has effect in relation to a partial property transfer as if paragraph (3)(b) of that regulation were omitted. 2 paragraph (1) does not apply in relation to the transfer of protected rights and liabilities (within the meaning given in regulation 10d(2)) or the transfer of any property, benefits, rights or liabilities to which regulation 10e, 10f or 10g applies. 3 a partial property transfer must include such provision as the administrator thinks appropriate - a to ensure that a client whose client assets are to be transferred by the arrangement will be entitled to demand a transfer back to the investment bank of assets which are transferred ("reverse transfer"); b for the identification of assets for the purposes of a reverse transfer; and c unless the investment bank has ceased to satisfy condition 1 in section 232 of the act (definition of "investment bank"), to ensure that the transferee is obliged to give effect to the reverse transfer as soon as reasonably practicable after the demand is made. 4 the administrator must take all steps necessary to give effect to the reverse transfer. 5 a reverse transfer has effect to transfer back to the investment bank the relevant rights and liabilities transferred by the arrangement so far as they have effect in relation to the client assets which are transferred back to the investment bank. 6 in this regulation "client assets", "partial property transfer" and "relevant rights and liabilities" have the meaning given in regulation 10b(13). restrictions on partial property transfers - set-off and netting arrangements 10d 1 a partial property transfer may not provide for the transfer of some, but not all, of the protected rights and liabilities between a client or other person ("c") and the investment bank. 2 rights and liabilities between c and the investment bank are protected if - a they are rights and liabilities which c or the investment bank is entitled to set off or net under a particular set-off arrangement, netting arrangement or title transfer financial collateral arrangement which c has entered into with the investment bank; and b they are not excluded rights or excluded liabilities. 3 for the purpose of paragraph (1), a partial property transfer which purports to transfer all of the protected rights and liabilities between c and the investment bank is to be treated as having done so effectively (and not in contravention of paragraph (1)) notwithstanding the possibility that any of the protected rights or liabilities are foreign property and might not have been effectively transferred by the arrangement. 4 for the purposes of paragraph (2), it is immaterial whether or not - a the arrangement which permits c or the investment bank to set off or net rights and liabilities also permits c or the investment bank to set off or net rights and liabilities with another person; or b the right of c or the investment bank to set off or net is exercisable only on the occurrence of a particular event. 5 a partial property transfer made in contravention of this regulation does not affect the exercise of the right to set off or net. 6 in this regulation - "excluded rights", in relation to rights between c and the investment bank, has the same meaning as it has in relation to rights between c and a banking institution by virtue of articles 1(3) and 3 of the banking act 2009 (restriction of partial property transfers) order 2009 , except that in article 1(3), in the definition of "excluded rights" - in sub-paragraph (e) the reference to subordinated debt is to be read as a reference to subordinated debt issued by c or by the investment bank; and in sub-paragraph (f) - the reference to a set-off arrangement, netting arrangement or title transfer financial collateral arrangement is to be read as a reference to a set-off arrangement, netting arrangement or title transfer financial collateral arrangement referred to in this regulation; and the references to transferable securities are to be read as references to transferable securities issued by c or by the investment bank; "excluded liabilities" means the liabilities which correspond with excluded rights; "netting arrangement" means an arrangement under which a number of claims or obligations can be converted into a net claim or obligation and includes, in particular - a "close-out" netting arrangement, under which actual or theoretical debts are calculated during the course of a contract for the purpose of enabling them to be set off against each other or to be converted into a net debt; an arrangement which provides for netting (within the meaning given by regulation 2(1) of the financial markets and insolvency (settlement finality) regulations 1999 ); and an arrangement which includes a close-out netting provision (within the meaning given by regulation 3(1) of the financial collateral arrangements (no 2) regulations 2003 ); "partial property transfer" has the same meaning as in regulation 10b(13); "set-off arrangement" means an arrangement under which two or more debts, claims or obligations can be set off against each other; and "title transfer financial collateral arrangement" has the meaning given by regulation 3(1) of the financial collateral arrangements (no 2) regulations 2003. restrictions on partial property transfers - security interests 10e 1 subject to paragraph (6), paragraphs (3), (4) and (5) apply where under any binding arrangement one party owes to the other a liability which is secured against any property or rights. 2 for these purposes it is immaterial whether or not - a the liability is secured against all or substantially all of the property or rights of a person; b the liability is secured against specified property or rights; or c the property or rights against which the liability is secured are owned by the person who owes the liability. 3 a partial property transfer may not transfer the property or rights against which the liability is secured unless that liability and the benefit of the security are also transferred. 4 a partial property transfer may not transfer the benefit of the security unless the liability which is secured is also transferred. 5 a partial property transfer may not transfer the liability unless the benefit of the security is also transferred. 6 paragraphs (3), (4) and (5) do not apply if the investment bank entered into the binding arrangement in contravention of a rule prohibiting such arrangements made by the fca or the pra under fsma or otherwise than in accordance with the investment bank's part 4a permission (within the meaning given by section 55a(5) of fsma ). 7 for the purposes of paragraphs (3), (4) and (5), a partial property transfer which purports to transfer any property, rights and liabilities is to be treated as having done so effectively (and not in contravention of any of those paragraphs) notwithstanding the possibility that any of that property, or of those rights or liabilities, is foreign property and might not have been effectively transferred by the arrangement. 8 in this regulation "partial property transfer" has the same meaning as in regulation 10b(13). restrictions on partial property transfers - capital market arrangements 10f 1 subject to paragraph (2), a partial property transfer may not provide for the transfer of some, but not all, of the property, rights and liabilities which are or form part of a capital market arrangement to which the investment bank is a party. 2 paragraph (1) does not apply where the only property, rights and liabilities which are, or are not, transferred relate to deposits. 3 for the purpose of paragraph (1), a partial property transfer which purports to transfer all of the property, rights and liabilities which are or form part of a capital market arrangement to which the investment bank is a party is to be treated as having done so effectively (and not in contravention of paragraph (1)) notwithstanding the possibility that any property, right or liability purportedly transferred is foreign property and might not have been effectively transferred by the arrangement. 4 in this regulation - "capital market arrangement" has the meaning given by paragraph 1 of schedule 2a to the insolvency act ; "deposit" has the same meaning as in article 5 of the financial services and markets act 2000 (regulated activities) order 2001 , disregarding the exclusions in other articles of that order; and "partial property transfer" has the same meaning as in regulation 10b(13). restrictions on partial property transfers - financial markets 10g 1 a partial property transfer may not transfer property, rights or liabilities to the extent that doing so would have the effect of modifying, modifying the operation of, or rendering unenforceable - a a market contract; b the default rules of a recognised investment exchange or recognised clearing house; or c the rules of a recognised investment exchange or recognised clearing house as to the settlement of market contracts not dealt with under its default rules. 2 a partial property transfer is void in so far as it is made in contravention of this regulation. 3 in this regulation - "default rules" has the meaning given in section 188 of the companies act 1989 ; and "partial property transfer" has the same meaning as in regulation 10b(13). . distribution of client money 9 after regulation 10g insert - objective 1 - post-administration reconciliation of accounts and records relating to client money 10h 1 immediately after being appointed as the administrator, the administrator must carry out a client money reconciliation in accordance with paragraph (2) and make any transfer required by paragraph (3) or (4). 2 the client money reconciliation must - a be carried out in accordance with the method for carrying out client money reconciliations adopted by the investment bank to meet client money rules, whether or not the method adopted is in compliance with those rules; b be based on records and accounts of the investment bank as they stood immediately after the last such reconciliation by the investment bank (but taking no further account of money received, or payments, transfers or transactions made, by the investment bank of which account was taken for the purposes of that reconciliation); and c take account of money received, and payments, transfers and transactions made, by the investment bank after the last such reconciliation and before the appointment of the administrator. 3 where the client money reconciliation shows that amount a exceeds amount b, the administrator must transfer an amount equal to the difference from the investment bank's own bank accounts to any client money account other than a client transaction account. 4 where the client money reconciliation shows that amount b exceeds amount a, the administrator must transfer an amount equal to the difference from the client money accounts to the investment bank's own bank accounts. 5 in this regulation - "amount a" means the total amount of client money which the investment bank, according to its own records and accounts, is required to hold in accordance with client money rules; "amount b" means the total amount of client money which the investment bank holds in client money accounts; "client money reconciliation" means a reconciliation of amount a with amount b; and "client transaction account" means an account with any person which the investment bank maintains for the purpose of - any transaction with or by that person for a client's benefit; or meeting a client's obligation to provide collateral for a transaction. objective 1 - removal of right to interest on unsecured claims for the return of client money 10i 1 this regulation applies where - a a debt arises from a liability of the investment bank to return client money; b the client has not submitted a claim for payment of the debt by way of a distribution from the client money pool; and c the client makes an unsecured claim for payment of the debt. 2 the client is not entitled to interest on the debt for the period commencing on the date on which the investment bank entered special administration, except interest on such part of the debt which remains after deduction of the total amount which the client would have received on a claim for payment of the debt by way of a distribution from the client money pool. . distribution of client assets 10 in regulation 11 (objective 1 - distribution of client assets) - a for paragraph (4) substitute - 4 subject to paragraph (4a), where the administrator sets a bar date - a the administrator must return client assets in accordance with the prescribed procedure; but b no client assets may be returned after the bar date has been set unless the court has given its approval on an application made by the administrator in accordance with the prescribed procedure. 4a the administrator may, at any time after setting a bar date, return client assets without the approval of the court if (and only if) - a at that time the administrator has not made any application for court approval to return client assets; b the administrator has identified the person who is beneficially entitled to the assets or has a right to the assets as bailor or otherwise; and c the assets are not held by the investment bank in a client omnibus account (within the meaning given in regulation 12(9)). ; b in paragraph (5) after "has returned client assets" insert "with the approval of the court"; and c in paragraph (8) for the words from "client assets" to the end substitute "client money". shortfall in client assets held in omnibus account 11 in regulation 12 (objective 1 - shortfall in client assets held in omnibus account), in paragraph (1)(c) for the words from "ones" to the end substitute "client money". objective 1 - distribution of client money 12 after regulation 12 insert - objective 1 - distribution of client money 12a 1 if the administrator thinks it necessary in order to expedite the return of client money, the administrator may by notice set a bar date for the submission of client money claims. 2 in setting a bar date the administrator must allow a reasonable time after notice of the special administration has been published (in accordance with insolvency rules) for persons to be able to calculate and submit client money claims. 3 as soon as reasonably practicable after the bar date, the administrator must make a distribution of client money in accordance with client money rules to the clients or other persons who are entitled to payment under client money claims. 4 a person who submits a client money claim after the bar date, but before the return of client money after that date, must, so far as is reasonably practicable, be included within the distribution of client money under paragraph (3). 5 when determining the amount to be distributed under paragraph (3), the administrator must make allowance for the entitlement to the return of client money, by way of a subsequent distribution from the client money pool, of persons who have neither made a client money claim nor received any payment under a previous distribution of client money. 6 where the administrator has returned client money after the bar date, no payment or part of any payment made to any person under the distribution may be recovered for the purpose of meeting a late claim. 7 the restriction in paragraph (6) does not apply where - a client money was returned to a person by the administrator in bad faith in which that person was complicit; or b a person to whom client money was returned is later found to have made a false claim to the money. 8 where the administrator determines that a client or other person who makes a late claim would have participated in the distribution of client money under paragraph (3) if the claim had been submitted before the return of client money after the bar date, the administrator must include the claimant within a subsequent distribution from the client money pool. 9 in this regulation - "bar date" means a date by which clients are invited to submit client money claims for the purposes of this regulation; "client money claims" are claims for the return of client money which has been pooled in accordance with client money rules; and "late claim" means a client money claim received after the bar date other than a claim received after that date from a person who is included within the distribution of client money under paragraph (3). objectives 1 and 3 - client assets (other than client money) which the administrator is unable to return to clients 12b 1 this regulation applies where the administrator, after setting a soft bar date, includes in the distribution plan provision for the option of setting a hard bar date. 2 if the administrator thinks it necessary in order to expedite the return of client assets, the administrator may by a hard bar date notice set a hard bar date. 3 the administrator may not set a hard bar date without the approval of the court given on application by the administrator. 4 a late claim of a type described in regulation 11(1) which is submitted in response to the setting of a bar date under that regulation on or after the date on which the administrator sets a hard bar date is to be treated as a client asset claim. 5 where the administrator sets a hard bar date, the administrator, after that date - a must return client assets to eligible claimants; b may dispose of all client assets which the investment bank still holds after the return of client assets to any eligible claimants ("residual assets"); and c must transfer the proceeds of any disposal of residual assets to the investment bank's own bank accounts. 6 a person who acquires client assets on a disposal of residual assets acquires good title to them as against all clients. 7 where the administrator receives a client asset claim after the hard bar date ("late claim") and - a the administrator has not made any arrangements for the disposal of the residual assets, or b such arrangements as the administrator has made for their disposal do not prevent the administrator from returning them, the administrator must meet the late claim out of the residual assets. 8 where the administrator has returned client assets after setting a hard bar date and then receives a late claim in respect of assets that have been returned - a none of those assets may be recovered for the purpose of meeting the late claim; and b the person to whom the assets have been returned acquires good title to them as against the late-claiming claimant. 9 the restrictions in paragraph (8) do not apply where - a the client assets were returned to a person by the administrator in bad faith in which that person was complicit; or b a person to whom client assets were returned is later found to have made a false claim to them. 10 where a disposal of residual assets prevents the administrator from meeting a late claim - a the claim which the late-claiming claimant has against the investment bank in consequence of the disposal ranks as an unsecured claim; and b the value of the unsecured claim is the value of the consideration paid to the administrator for the assets disposed of which would have been returned to that claimant if their client asset claim had been made before the hard bar date. 11 no interest is payable on the debt for which a person makes an unsecured claim under paragraph (10). 12 this regulation does not apply to client money. 13 in this regulation - "client asset claim" means a claim of a type described in regulation 11(1) which is submitted in response to the setting of a hard bar date; "distribution plan" means the plan for the return of client assets which the administrator is required to draw up in accordance with insolvency rules after setting a soft bar date; "eligible claimant" means - a person to whom the administrator has already returned client assets under regulation 11; or a person who - submits a client asset claim on or before the hard bar date; and would have been eligible for a return of client assets under regulation 11 if the claim had been submitted in response to the setting of the soft bar date; "hard bar date" means a final date (subject to provision for late claims in paragraphs (7) to (10)) for the submission of claims of a type described in regulation 11(1); "hard bar date notice" means a notice which specifies a hard bar date and includes a statement that after the end of that day the administrator - may dispose of client assets still held by the investment bank after the administrator has returned client assets to any eligible claimants; and may, consequently, be unable to meet any further client asset claims; and "soft bar date" means a bar date set under regulation 11. objectives 1 and 3 - client money which the administrator is unable to return to clients 12c 1 this regulation applies where the administrator, after setting a bar date under regulation 12a, thinks it is appropriate, in order to achieve objective 1, to close the client money pool and treat any further claim for the return of client money as an unsecured claim. 2 the administrator may by a hard bar date notice set a hard bar date. 3 the administrator may not set a hard bar date without the approval of the court given on application by the administrator. 4 where the administrator sets a hard bar date, the administrator may not meet any final money claim received after the hard bar date. 5 a final money claim received by the administrator after the hard bar date ranks as an unsecured claim. 6 no interest is payable on the debt for which a person makes such a claim, except interest on such part of the debt which remains after deduction of the total amount which the client would have received by way of a distribution from the client money pool if the final money claim had been received by the administrator on or before the hard bar date. 7 in this regulation - "final money claim" means a claim for the return of client money which is submitted in response to the setting of a hard bar date; "eligible claimant" means a person - to whom the administrator has already made a distribution of client money without receiving a claim for the return of client money to that person; who has submitted a claim for the return of client money other than a final money claim; or who submits a final money claim on or before the hard bar date; "hard bar date" means a final date (subject to paragraph (5)) for the submission of claims for the return of client money; and "hard bar date notice" means a notice which specifies a hard bar date and includes a statement that after the end of that day the administrator - may, in accordance with client money rules, transfer to the investment bank's own bank accounts any balance of the client money pool which the investment bank holds after the return of client money to eligible claimants; and may not meet any further final money claims. powers of the court on application to set a hard bar date 12d 1 on an application under regulation 12b(3) or 12c(3) for the approval of the court to set a hard bar date the court may - a make an order approving the setting of a hard bar date; b adjourn the hearing of the application conditionally or unconditionally; or c make any other order that the court thinks appropriate. 2 the court may make an order under paragraph (1)(a) only if - a it is satisfied that the administrator has taken all reasonable measures to identify and contact persons who may be entitled to the return of client assets; and b it considers that if a hard bar date is set there is no reasonable prospect - i that the administrator will receive claims for the return of client assets after that date; and ii in the case of an application under regulation 12b(3), that the administrator will receive claims of persons in relation to a security interest asserted over, or other entitlement to, client assets which are not client money. bar date notices - procedural requirements 12e 1 the persons to whom a bar date notice must be given are - a all clients of whose claim for the return of client assets the administrator is aware; b all persons whom the administrator believes have a right to assert a security interest or other entitlement over the client assets; c the fca and, where the investment bank is a pra-authorised person, the pra; and b in a special administration (bank administration) before the bank of england has given an objective a achievement notice, the bank of england. 2 paragraph (1) does not apply in relation to any such person whom the administrator has no means of contacting. 3 a bar date notice - a must be advertised once in the gazette; and b may be advertised in such other manner as the administrator thinks fit. 4 in advertising a bar date notice under paragraph (3), the administrator must aim to ensure that the notice comes to the attention of as many persons who are eligible to submit a claim for the return of client assets as the administrator considers practicable. 5 in this regulation - "gazette" means - in england and wales, the london gazette; in scotland, the edinburgh gazette; and in northern ireland, the belfast gazette; "bar date notice" means a notice under regulation 12a(1) or a hard bar date notice under regulation 12b or 12c; and "objective a achievement notice" has the meaning given by paragraph 3(3) of schedule 2. costs of making a claim 12f 1 unless the court orders otherwise, every person who submits a relevant claim bears the cost of making the claim, including costs incurred in providing documents or evidence or responding to requests for further information. 2 "relevant claim" means - a a claim for the return of client assets which is submitted in response to the setting of a bar date under regulation 12a, 12b or 12c; or b a claim in relation to a security interest asserted over, or other entitlement to, client assets, which is submitted in response to the setting of a bar date under regulation 12b. . continuity of supply 13 in regulation 14 (continuity of supply) in paragraph (6), in the definition of "supply" before paragraph (a) insert - za services relating to the safeguarding or administration of client assets; . general powers, duties and effect 14 in regulation 15 (general powers, duties and effect), in table 1 (applied provisions: schedule b1), in the entry for para 74 (challenge to administrator's conduct), in the third column after paragraph (d) insert - e fscs may make an application under this paragraph on the grounds that the administrator is not performing the duties set out in regulation 10a as quickly or as efficiently as is reasonably practicable. f any of the following persons may make an application under this paragraph on the grounds that the administrator has made, or proposes to make, a partial property transfer (within the meaning given in regulation 10b(13)) ("relevant transfer") in contravention of regulation 10e, 10f or 10g - i the bank of england; ii the fca; iii where the investment bank is a pra-authorised person, the pra. g any person, other than the investment bank, who is party to an arrangement of a kind referred to in regulation 10e(1) or 10f(1) may make an application under this paragraph on the grounds that the administrator has made, or proposes to make, a relevant transfer in contravention of that regulation. h a recognised investment exchange, a recognised clearing house or any person, other than the investment bank, who is party to a market contract may make an application under this paragraph on the grounds that the administrator has made, or proposes to make, a relevant transfer in contravention of regulation 10g. i where an application is made under this paragraph on the grounds that the administrator has made a relevant transfer in contravention of regulation 10g - i sub-paragraphs (3)(a), (d) and (e) and (4) are not applied; ii the court may make an order declaring that the transfer was made in contravention of the regulation concerned. j where an application is made under this paragraph on the grounds that the administrator has made a relevant transfer in contravention of regulation 10e or 10f, the court may make such order as it thinks fit for restoring the position to what it would have been if the transfer had been made in contravention of the regulation concerned. k the fca and, where the investment bank is a pra-authorised person, the pra may make an application under this paragraph on the grounds that the administrator has failed to carry out a client money reconciliation in accordance with regulation 10h(2) or to transfer an amount in accordance with regulation 10h(3) or (4). . responsibility for certain costs of the administration 15 after regulation 19 insert - responsibility for certain costs of the administration 19a 1 where the administrator considers that relevant costs have been incurred in consequence of a failure by the investment bank to comply with client money rules or with any relevant requirement ("a default"), the administrator - a must seek the agreement of the creditors' committee established under paragraph 57 of schedule b1 (as applied by regulation 15) to the amount incurred in consequence of the default; or b if there is no creditors' committee or the administrator is unable to agree that amount with the creditors' committee, must apply to the court for an order fixing the amount. 2 on an application under paragraph (1)(b), the court may fix the amount incurred in consequence of the default or dismiss the application on the ground that there was no default or that no relevant costs have been incurred in consequence of the default. 3 paragraph (4) applies where the creditors' committee agree an amount incurred in consequence of the default or the court fixes an amount by order. 4 notwithstanding any provision in insolvency rules prescribing how the expenses of the special administration are to be paid, responsibility for the relevant amount is assigned to the investment bank, and accordingly that amount is to be paid out of the investment bank's assets. 5 where the investment bank's assets are insufficient to enable the relevant amount to be met out of those assets, paragraph (4) has effect only in relation to that part of the relevant amount which can be met out of those assets. 6 in this regulation - "relevant amount" means the amount of relevant costs incurred in consequence of the default as agreed by the creditors' committee or fixed by the court; "relevant costs" means costs incurred by the administrator of applying the procedure set out in schedule b1 (as applied by regulation 15 and as prescribed) for ascertaining particulars of the client assets held by the investment bank, and of taking custody and control and distributing those assets; and "relevant requirement" means any requirement relating to holding client assets contained in - rules made under part 9a of fsma (rules and guidance) which make provision relating to the handling of client assets, other than client money, held by a person who is authorised for the purposes of fsma; commission delegated regulation ( eu ) no. 231/2013 of 19th december 2012 supplementing directive 2011/61/eu of the european parliament and of the council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision ; or commission delegated regulation (eu) 2016/438 of 17th december 2015 supplementing directive 2009/65/ec of the european parliament and of the council with regard to obligations of depositaries . . northern irish equivalent enactments 16 in schedule 5 (table of enactments referred to in the regulations together with the equivalent enactment having effect in relation to northern ireland) after the entry for paragraph 111 of schedule b1 to the insolvency act 1986 insert - schedule 2a, para 1 schedule 1a , para 1 part 4 transitional provisions transitional provision for part 3 17 1 part 3 of these regulations does not have effect in relation to an investment bank which is in special administration on the date on which these regulations come into force. 2 for the purpose of this regulation an investment bank is in special administration on that date if the appointment of the administrator took effect before that date under - a a special administration order made under regulation 7 of the investment bank special administration regulations 2011 ("the principal regulations"); b a special administration (bank insolvency) order made under section 97(1) of the banking act 2009 (as applied by paragraph 6 of schedule 1 to the principal regulations); or c a special administration (bank administration) order made under section 144 of the banking act 2009 (as applied by paragraph 6 of schedule 2 to the principal regulations). 3 where paragraph (2)(b) or (c) applies to an investment bank which is a partnership, paragraph 6 of schedule 1 to the principal regulations or paragraph 6 of schedule 2 to those regulations (as the case may be) must be read with paragraph 3(a) of schedule 4 to those regulations. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 16th march 2017

citation and commencement 1 this order may be cited as the value added tax (increase of registration limits) order 2017 and comes into force on 1st april 2017. amendment of the value added tax act 1994 2 the value added tax act 1994 is amended as follows. 3 in schedule 1 (registration in respect of taxable supplies: uk establishment) - a in paragraph 1(1)(a), (1)(b), (2)(a) and (2)(b), for "83,000" substitute "85,000"; b in paragraph 1(3), for "81,000" substitute "83,000"; and c in paragraph 4(1) and (2), for "81,000" substitute "83,000". 4 in schedule 3 (registration in respect of acquisitions from other member states) - a in paragraph 1(1) and (2), for "83,000" substitute "85,000"; and b in paragraph 2(1)(a), (1)(b) and (2), for "83,000" substitute "85,000". guto bebb david evennett two of the lords commissioners of her majesty's treasury 7th march 2017

citation 1 these regulations may be cited as the childcare act 2016 (commencement no. 2) regulations 2017. provisions coming into force on 1st september 2017 2 subsections (1) and (6) of section 1 of the childcare act 2016 ( duty to secure 30 hours free childcare available for working parents ) come into force on 1st september 2017. signed by authority of the secretary of state for education robert goodwill minister of state department for education 19th july 2017

citation 1 these regulations may be cited as the welfare reform and work act 2016 (commencement no. 5) regulations 2017. provisions in the welfare reform and work act 2016 coming into force on 27th july 2017 2 section 20(2) to (7) and (10) of the welfare reform and work act 2016 (consequential amendments) comes into force on 27th july 2017. signed by authority of the secretary of state for work and pensions damian hinds minister of state department for work and pensions 26th july 2017

citation and commencement 1 1 these regulations may be cited as the cattle identification (amendment) regulations 2017. 2 these regulations come into force on 1st march 2017. amendment of the cattle identification regulations 2007 2 the cattle identification regulations 2007 are amended in accordance with the following provisions. amendment of regulation 2 3 in regulation 2, in the definition of "cattle passport", after "england, wales or scotland under article 6(1)" insert "or 6a". amendment of regulation 10 4 in regulation 10 - a in paragraph (2) - i the words from "only includes" to the end become sub-paragraph (a); ii at the end insert - ; and b includes a power to enter premises by reasonable force if need be ; and b in paragraph (3) for "all checks and examinations" substitute "any actions". amendment of regulation 11 5 in regulation 11, for "the second paragraph of article 22(1)" substitute "article 22(2)". amendment of regulation 12 6 in regulation 12 , after "no 494/98" insert "and article 22(2)(d) of regulation (ec) no 1760/2000 ". schedule 1 7 in schedule 1 - a in the heading of paragraph 1, for "article 4" substitute "articles 4 to 4d"; b in paragraph 1 - i in sub-paragraph (3), for "article 4(2)" substitute "article 4a"; ii in sub-paragraph (4), for "requirement in article 4(1)" substitute "requirements in articles 4 and 4a"; c in paragraph 3, for "article 4(2)" substitute "article 4a(1)"; d in paragraph 4(1) - i for "article 4(5)" substitute "article 4d"; ii for "article 4(4)" substitute "article 4c(1)"; e in paragraph 9(1), for "article 4(3)" substitute "article 4b". amendment of schedule 2 8 in schedule 2, in paragraph 5(1), for "the first paragraph of article 4(3)" substitute "article 4b". amendment of schedule 5 9 in schedule 5, in paragraph 2 - a after "article 7(3)" insert "of regulation (ec) no 1760/2000 "; and b for "guilt" substitute "guilty". signatory text gardiner of kimble parliamentary under secretary of state department for environment, food and rural affairs 2nd february 2017

citation and commencement 1 these regulations may be cited as the income tax (pay as you earn) (amendment) regulations 2017 and come into force on 6th april 2017. amendment of the income tax (pay as you earn) regulations 2003 2 1 the income tax (pay as you earn) regulations 2003 ("the paye regulations") are amended as follows. 2 in regulation 2(1) (interpretation) - a in the definition of "additional rate" for "the scottish additional rate of income tax determined under section 6a of that act" substitute "any scottish additional rate of income tax set by a scottish rate resolution of the scottish parliament under section 80c of the scotland act 1998" ; b in the definition of "basic rate" for "determined under section 6a of that act" substitute "set by a scottish rate resolution of the scottish parliament under section 80c of the scotland act 1998; c in the definition of "combined amount" after paragraph (c) insert "(d) apprenticeship levy due under these regulations;" and d in the definition of "higher rate" for "the scottish higher rate of income tax determined under section 6a of that act" substitute "any scottish higher rate of income tax set by a scottish rate resolution of the scottish parliament under section 80c of the scotland act 1998". 3 in regulation 7 (meaning of "code" etc ) in paragraph (2a) , for "determined under section 6a of ita" substitute "set by a scottish rate resolution of the scottish parliament under section 80c of the scotland act 1998". 4 after regulation 67f(3) (additional information about payments) insert - 4 this regulation applies in addition to the provisions set out in regulation 147d (duty to report amount of apprenticeship levy to be paid). . 5 in regulation 97a(1) (interpretation) after the interpretation of "qualifying period" insert - "relevant apprenticeship levy debt" means a debt specified in regulation 97b; . 6 in regulation 97b (relevant paye debts of managed service companies) a in the heading, after "relevant paye" insert "and apprenticeship levy", b for paragraph (1) substitute - 1 a managed service company has a relevant paye debt or a relevant apprenticeship levy debt if a managed service company must pay an amount of tax or apprenticeship levy for a qualifying period, and - a in the case of a relevant paye debt one of conditions a to e is met, and b in the case of a relevant apprenticeship levy debt one of conditions f or g is met. , c after paragraph (6) add - 7 condition f is met if - a an amount of apprenticeship levy for a qualifying period has been assessed in accordance with regulation 147l (assessment of unpaid apprenticeship levy), and b any part of the apprenticeship levy assessed has not been paid within 14 days beginning with the date on which the assessment is served. 8 condition g is met if - a an employer delivers a return under regulation 147d (duty to report the amount of apprenticeship levy to be paid), showing an amount of apprenticeship levy payable by the employer for the tax year, b hm revenue and customs assesses the amount of apprenticeship levy under regulation 147l showing how much of that amount remains unpaid, and c any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the assessment is served. . 7 in regulation 97c (transfer of debt of managed service company) - a in paragraph (1)(a) after "relevant paye debt" insert "or a relevant apprenticeship levy debt", b in paragraph (1)(b) after the first occurrence of "relevant paye debt" insert "or the relevant apprenticeship levy debt" and after the second occurrence of "relevant paye debt" insert "or part of the relevant apprenticeship levy debt", c in paragraph (3) after "relevant paye debt" insert "or the relevant apprenticeship levy debt". 8 in regulation 97d (time limits for issue of transfer notices) - a in paragraph (2) for "(3) to (7)" substitute "(3) to (7b)", b after paragraph (7) insert - 7a in a case in which condition f in regulation 97b is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which the assessment became final and conclusive. 7b in a case in which condition g in regulation 97b is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which hm revenue and customs serves the assessment under regulation 147l. . 9 in regulation 97e (contents of transfer notice) - a in paragraph (1)(a) to (e) after each occurrence of "relevant paye debt" insert "or the relevant apprenticeship levy debt", b in paragraph (1)(f) for "conditions a to e" substitute "conditions a to g". 10 in regulation 97g (appeals) in paragraph (3)(a) after "relevant paye debt)" insert "or the relevant apprenticeship levy debt (or part of the relevant apprenticeship levy debt).". 11 in regulation 97h (procedure on appeals) in paragraphs (3)(a), (3)(b) and (4) after each occurrence of "relevant paye debt" insert "or the relevant apprenticeship levy debt". 12 in regulation 97l (repayment of surplus amounts) - a in paragraph (1) after "relevant paye debt" insert "or a relevant apprenticeship levy debt", b in paragraph (3) for the words "regulation 83" to the end substitute "section 102 of the finance act 2009 (repayment interest on sums to be paid by hmrc ) .". 3 after regulation 147a insert - part 7a apprenticeship levy interpretation of part 7a 147b in this part - "monthly pay bill" means the total amount of earnings paid by a person in a tax month on which class 1 secondary contributions are payable but for the condition in section 6(1)(b) of the contributions and benefits act (liability for class 1 contributions) . due date for payment of apprenticeship levy 147c 1 a person must pay the amount of apprenticeship levy due under this part within - a 17 days after the end of the tax month, where the payment is made by an approved method of electronic communications, or b 14 days after the end of the tax month, in any other case. 2 the person must pay the apprenticeship levy mentioned in paragraph (1) at the same time as the amount of tax and any earnings-related contributions due and in accordance with part 4 and chapter 1 of these regulations (payment, returns and information). 3 in this regulation, "earnings-related contributions" means any contributions other than class 1a and 1b contributions payable under the contributions and benefits act in respect of earnings paid to or for the benefit of an earner in respect of employed earners employment. duty to report amount of apprenticeship levy to be paid 147d 1 subject to paragraph (2) this regulation applies where - a a person's pay bill in the tax year preceding the year in which the apprenticeship levy liability falls to be reported was over 3 million, or b a person considers that their pay bill will be over 3 million in the current tax year. 2 in the case of a member of a company unit or charities unit this regulation applies where - a the total amount of the pay bill for the company unit or the charities unit in the tax year preceding the year in which the apprenticeship levy liability falls to be reported was over 3 million, or b i the annual entitlement to levy allowance has been determined for each member of the company unit or charities unit in the current tax year in accordance with sections 101 or 102 of the finance act 2016, and ii a member considers that their annual pay bill will be over t where t is an amount equal to the levy allowance determined for that member divided by 0.005. 3 a real time information employer must inform hmrc of their apprenticeship levy liability after deducting any amount of levy allowance to which they are entitled for the tax month from it. 4 the information must be given in a return. 5 the return mentioned under paragraph (4) must be sent within 14 days after the end of the tax month. 6 a return under this regulation must - a state - i the tax year to which it relates, ii the employer's hmrc office number, iii the employer's paye reference to which the return of the apprenticeship levy relates, iv the employer's accounts office reference, v the amount of annual levy allowance the employer is allocating to the employer's paye reference, vi the amount of apprenticeship levy due to date which the employer has calculated, and vii the tax month to which it relates, and b be sent using an approved method of electronic communications unless the employer is one to whom regulation 67d applies. 7 this regulation applies in addition to the provisions set out in regulation 67f (additional information about payments). calculation of monthly levy allowance 147e 1 this regulation applies where the monthly levy allowance falls to be calculated by a person. 2 subject to regulations 147f and 147g, the monthly levy allowance is an amount equal to - n p where - n is the levy allowance for the tax year, and p is twelve. 3 subject to regulations 147f and 147g, the monthly cumulative levy allowance is an amount equal to the monthly levy allowance aggregated in accordance with the tax month within the tax year as shown in the table below. table 1 relevant month in the tax year monthly cumulative levy allowance month 1 1,250 month 2 2,500 month 3 3,750 month 4 5,000 month 5 6,250 month 6 7,500 month 7 8,750 month 8 10,000 month 9 11,250 month 10 12,500 month 11 13,750 month 12 15,000 apportionment of levy allowance between employer's paye references 147f 1 this regulation applies where a person has more than one employer's paye reference in respect of its employees. 2 the person may elect to apportion their annual entitlement of levy allowance amongst the employer's paye references mentioned in paragraph (1) in accordance with the proportions they choose. 3 the monthly levy allowance for each employer's paye reference is an amount equal to one twelfth of the annual apportioned entitlement for that reference. 4 the person must notify hm revenue and customs of the election mentioned in paragraph (2) with their first return of the apprenticeship levy. apportionment of levy allowance between employer's paye references: members of a company unit or charities unit 147g 1 this regulation applies where - a members of a company unit or charities unit ("the relevant members") have determined what amount of levy allowance each of them is entitled to for the tax year, and b at least one of the relevant members mentioned in sub-paragraph (1)(a) has more than one employer's paye reference. 2 the relevant members may elect to apportion their share of levy allowance amongst their respective employer's paye references in accordance with the proportions they choose. 3 the relevant members must - a make the election mentioned in sub-paragraph (2) at the beginning of the tax year, and b notify hmrc of the election made with their first return of the apprenticeship levy. calculation of monthly apprenticeship levy for the first month of the tax year 147h a person must calculate the amount of their apprenticeship levy for the first month of the tax year in accordance with the following steps. step 1 multiply the amount of the monthly pay bill by 0.5%. step 2 deduct the monthly levy allowance for the first month as mentioned in table 1 from the amount obtained from step 1. if the resulting amount is positive, that amount is the apprenticeship levy payable for the first month of the tax year. if the resulting amount is negative or zero, there will be no apprenticeship levy payable for the first month of the tax year. calculation of monthly apprenticeship levy for subsequent months of the tax year 147i 1 a person must calculate the amount of apprenticeship levy for any month following the first month of the tax year (the relevant month) in accordance with the following steps. step 1 determine the cumulative amount of the monthly pay bill for the relevant months of the tax year. step 2 multiply the amount obtained from step 1 by 0.5%. step 3 determine the amount of the monthly cumulative levy allowance for the relevant month in accordance with table 1. step 4 deduct the amount obtained from step 3 from the amount obtained from step 2. if the resulting amount is negative, that amount is to be treated as zero for the purpose of the calculation mentioned in step 6. if the resulting amount is a positive amount, that amount is to be used in the calculation mentioned in step 6. step 5 determine the amount of the cumulative apprenticeship levy paid up to the month preceding the relevant month and reduce that amount by any credit gained in the preceding month. step 6 deduct the amount obtained from step 5 from the amount obtained from step 4. if the resulting amount is a positive amount, that amount is the apprenticeship levy due to be paid for the relevant month. if the resulting amount is negative, that amount is the credit gained in the relevant month. 2 in this regulation, "credit" means any amount which is negative which can be used by a person to reduce the combined amount in the relevant month. recovery of overpaid apprenticeship levy by an employer 147j 1 this regulation applies where a person has overpaid apprenticeship levy in a tax year. 2 the person must set off any overpaid apprenticeship levy against any amount which that person is liable to pay under these regulations before making a claim to hmrc for a refund of the overpaid levy. liability to pay and duty to make a return of apprenticeship levy: continental shelf workers certificate holders 147k 1 this regulation applies to persons specified in certificates in force under section 120(4) of the social security contributions and benefits act 1992 (employment at sea: continental shelf operations) . 2 the person specified in paragraph (3) must - a pay apprenticeship levy under regulation 147c, and b make a return of apprenticeship levy under regulation 147d. 3 the person referred to paragraph (2) is a ukcs continental shelf workers certificate holder who has obligations under regulation 114b of the ssc regulations (ukcs continental shelf workers certificate holder: obligations and responsibilities) to make deductions, returns and repayments as are required by a secondary contributor. 4 in this regulation a ukcs continental shelf workers certificate holder means a holder of a certificate issued under regulation 114a of the ssc regulations (application for certificate). assessment of unpaid apprenticeship levy 147l 1 this regulation applies if it appears to hmrc that there may be apprenticeship levy payable for a tax year under regulations 147e, 147h or 147i (calculation of apprenticeship levy) by an employer which has not been - a paid to hmrc under regulation 147c, and b reported on a return under regulation 147d. 2 hmrc may assess the amount of apprenticeship levy which to the best of their judgement is due, and serve notice of their assessment on the employer. 3 an assessment under this regulation may - a cover the apprenticeship levy payable by the employer under regulation 147e, 147h or 147i for any one or more tax periods in a tax year, and b extend to the whole of the apprenticeship levy, or such part of it as is payable in respect of - i a class or classes of employees specified in the notice of assessment (without naming the individual employees), or ii one or more named employees specified in the notice. 4 section 30a of the tma (assessing procedure) applies in relation to an assessment under this regulation as it applies in relation to an assessment to income tax. 5 any amount of apprenticeship levy which is payable by virtue of an assessment made under this regulation shall be payable on the day following the end of the period of 30 days beginning with the day on which the notice of assessment is served. recovery of overpayment of apprenticeship levy by hmrc 147m 1 where an amount of apprenticeship levy has been repaid to any person which ought not to have been repaid to that person, that amount may be assessed and recovered as if it were unpaid apprenticeship levy. 2 an assessment under this regulation shall not be out of time under section 108 of the finance act 2016 (time limits for assessment) if it is made before the end of the year of assessment following that in which the amount assessed was repaid. 3 in this regulation any reference to an amount repaid includes a reference to an amount allowed by way of a set-off. retention by employer of apprenticeship levy records 147n 1 an employer must keep and preserve for not less than three years after the end of the tax year to which they relate all apprenticeship levy records which are not required to be sent to hmrc under regulation 147d. 2 the duty under paragraph (1) to preserve apprenticeship levy records may be discharged by preserving them in any form or by any means. 3 in this regulation, "apprenticeship levy records" means documents relating to the calculation of the amount of apprenticeship levy payable by the employer. . 4 in regulation 150 (application of other regulations) , in the list in paragraph 1 for the entry relating to regulation 185 substitute the following - regulation 185 adjusting total net tax deducted for purposes of sections 59a(1), 59b(1) and 59ba(2) tma . 5 in regulation 184b (application of other regulations) , in the list in paragraph (1) for the entry relating to regulation 185 substitute the following - regulation 185 adjusting total net tax deducted for purposes of sections 59a(1), 59b(1) and 59ba(2) tma . 6 in regulation 185 (adjusting total net tax deducted for the purposes of sections 59a(1) and 59b(1) tma) - a in the heading for "59a(1) and 59b(1)" substitute "59a(1), 59b(1) and 59ba(2)"; b in paragraph (1)(a) omit "and"; c in paragraph (1)(b) for "at source)." substitute "at source), and"; d after paragraph (1)(b) insert - c the difference mentioned in section 59ba(2) of tma (payments of income tax and capital gains tax: difference between tax contained in simple assessment and aggregate of payments on account or deducted at source). ; e in paragraph (6) in the definition of "relevant tax year" after sub-paragraph (b) insert - c in relation to section 59ba(2) of tma the tax year for which the simple assessment referred to in that subsection is made; ; f in paragraph (6) in the definition of "the taxpayer" after "section 59b(1) of tma" insert - or the person whose simple assessment is referred to in section 59ba(2) of tma . jim harra edward troup two of the commissioners for her majesty's revenue and customs 15th march 2017 david evennett andrew griffiths two of the lords commissioners for her majesty's treasury 14th march 2017

part 1 introduction citation, commencement, application and interpretation 1 1 these regulations may be cited as the school and early years finance (england) regulations 2017 and come into force on 16th february 2017. 2 these regulations apply in relation to the financial year beginning on 1st april 2017. 3 these regulations apply in relation to england. 4 in these regulations - "1989 act" means the children act 1989 ; "1996 act" means the education act 1996 ; "1998 act" means the school standards and framework act 1998; "2002 act" means the education act 2002; "2003 act" means the local government act 2003 ; "2005 act" means the education act 2005 ; "2006 act" means the education and inspections act 2006 ; "2009 act" means the apprenticeships, skills, children and learning act 2009 ; "2010 act" means the academies act 2010 ; "2014 act" means the children and families act 2014 ; "the early years provision regulations 2014" means the local authority (duty to secure early years provision free of charge) regulations 2014 ; "2015 regulations" means the school and early years finance (england) regulations 2015 ; "2008 document" means the document entitled "statutory framework for the early years foundation stage" published by the secretary of state on 19th may 2008 ; "2012 document" means the document entitled "statutory framework for the early years foundation stage" published by the secretary of state on 27th march 2012 ; "2014 document" means the document entitled "statutory framework for the early years foundation stage" published by the secretary of state on 31st march 2014 ; "2016 ara" means the document entitled "2016 key stage 2 assessment and reporting arrangements" containing provisions made under article 11 of the education (national curriculum) (key stage 2 assessment arrangements) (england) order 2003 , made under section 87(3) of the 2002 act; "academic year" means any period commencing with 1st august and ending with the next 31st july; "administrative costs and overheads" includes - expenditure on legal services; expenditure in relation to the investigation and resolution of complaints; expenditure related to functions imposed by or under chapter 4 of part 2 of the 1998 act (financing of maintained schools), the administration of grants to the authority (including preparation of applications) and, where it is the authority's duty to do so, ensuring payments are made in respect of taxation, national insurance and superannuation contributions; and expenditure on recruitment, training, continuing professional development, performance management and personnel management of staff who are funded by expenditure not met from schools' budget shares and who are paid for services. "all-through schools" means those primary or secondary schools known by this title where pupils may join the school at an age of between three and five years and remain at the school until the age of between 16 and 19 years; "capital expenditure" means expenditure of a local authority which falls to be capitalised in accordance with proper accounting practices, or expenditure treated as capital expenditure by virtue of any regulations or directions made under section 16 of the 2003 act ; "central expenditure" means, in respect of the funding period, the total amount deducted by a local authority from its schools budget in accordance with regulation 8 or, in respect of the previous funding period, the total amount deducted by a local authority from its schools budget in accordance with regulation 8 of the 2015 regulations; "cera" means capital expenditure which a local authority expects to charge to its revenue account within the meaning of section 22 of the 2003 act; "community early years provision" means funded early years provision provided by the governing body of a maintained school under section 27(1) of the 2002 act to children other than pupils at the school, where the local authority has chosen to fund such provision; "dedicated schools grant" means the grant of that name paid to a local authority by the secretary of state under section 14 of the 2002 act; "early years block" means the amount of funding allocated to a local authority in relation to early years provision in the dedicated schools grant during the funding period; "the early years foundation stage profile" has the meaning given in section 2 of the 2008 document, the 2012 document or the 2014 document, as the context specifies more particularly; "early years provision" has the meaning given in section 20 of the childcare act 2006 ; "early years pupil premium" means funding supplied by the department for education for the purpose of early years provision to children who meet the criteria in regulation 17(2); "ehc plan" has the meaning given in section 37(2) of the 2014 act; "eligibility for free school meals" means eligibility for free lunches under section 512zb of the 1996 act ; "excluded early years provision" means early years provision provided by a provider - which is an independent school (other than an academy) which does not meet the standards prescribed under section 94 of the education and skills act 2008 in relation to the spiritual, moral, social and cultural development of pupils at the school; or which the local authority has reasonable grounds to believe - does not actively promote the fundamental british values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs; or promotes, as evidence-based, views and theories which are contrary to established scientific or historical evidence and explanations; "expenditure on the schools specific contingency" is central expenditure deducted for the purpose of ensuring that monies are available to enable an increase in a school's budget share after it has been allocated and where it subsequently becomes apparent that a governing body has incurred expenditure which it would be unreasonable to expect it to meet from the school's budget share, which may include expenditure in relation to - schools in financial difficulty; the writing off of deficits of schools which are discontinued, excluding any associated costs and overheads; new, amalgamating or closing schools; or circumstances which were unforeseen when the school's budget share was initially determined; "funded early years provision" means - early years provision prescribed for the purposes of section 7(1) of the childcare act 2006; and early years provision specified for the purposes of section 2(1) of the childcare act 2016 ; "funding period" means the financial year beginning on 1st april 2017; "home school" means, in respect of a pupil, a school which is the shortest distance in a straight line from the pupil's home and which admits pupils of the pupil's age and sex, other than - a selective school; a special school ; or an independent school which is not an academy; "hospital education" means education provided at a community special school or foundation special school established in a hospital, or under any arrangements made by the local authority under section 19 of the 1996 act (exceptional provision of education), where the child is being provided with such education by reason of a decision made by a medical practitioner, and "hospital education places" shall be read accordingly; "idaci" means the income deprivation affecting children index referred to in the document named "the english indices of deprivation 2015" published by the department for communities and local government ; "idaci score" means the score allocated to a child under idaci; "key stage" means the key stage of the national curriculum for england comprising the requirements and entitlements described in sections 84, 85 and 85a of the 2002 act and "key stage 1", "key stage 2", "key stage 3" and "key stage 4" mean, respectively, the first, second, third and fourth key stages referred to in those sections; "looked after child" has the meaning given by - section 22(1) of the 1989 act; or section 74(1) of the social services and well-being (wales) act 2014 ; "middle school single sum formula" is a ( b / c ) + d ( e / c ) where - a is the amount allocated per school by the authority under paragraph 1(a) of schedule 3 (primary single sum); b is the number of primary-age year groups in the school; c is the number of year groups in the school; d is the amount allocated per school by the authority under paragraph 2(a) of schedule 3 (secondary single sum); and e is the number of secondary-age year groups in the school; "the maintained nursery school supplement" is any amount allocated to the authority in respect of nursery schools maintained by it, notified to the authority in the early years block; "non-domestic rate" has the meaning given in section 54 of the local government finance act 1988 ; "previous funding period" means the financial year beginning on 1st april 2016 and "previous funding periods" means such funding periods as the context specifies more particularly; "proper accounting practices" means those accounting practices which a local authority is required to follow by virtue of any enactment, or which, so far as they are consistent with any such enactment, are generally regarded (whether by reference to any generally recognised published code or otherwise) as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned ; "provider", in relation to funded early years provision, includes a governing body of a maintained school or a relevant early years provider; "prudential borrowing" means borrowing money for the purpose of facilitating the modernisation and rationalisation of the school estate, where the revenue savings expected to be achieved as a result are equal to or more than the expenditure expected to be incurred in borrowing the money; "pupil premium" means the amount allocated by a local authority from the pupil premium grant to a school under the terms and conditions of the grant; "pupil premium grant" is a grant of that name paid to a local authority by the secretary of state under section 14 of the 2002 act in respect of pupils who are entitled to a pupil premium; "relevant early learning goals" means the early learning goals in the prime areas in section 1 of the 2014 document (or, as the case may be, the 2012 document) and also the early learning goals of reading; writing; numbers; and shape, space and measures in section 1 of that document; "relevant early years provider" means a provider of funded early years provision, other than the governing body of a maintained school; "relevant early years provision" means funded early years provision provided by a relevant early years provider; "school census" means the record of individual pupil information supplied by local authorities to the secretary of state under section 537a of the 1996 act ; "second closest school" means, in respect of a pupil, the school which is the second shortest distance in a straight line from the pupil's home and which admits pupils of the pupil's age and sex, other than - a selective school; a special school; or an independent school which is not an academy; "selective school" means a school where all the pupils in the school are selected by ability or by aptitude; "sixth form grant" means a grant of that name paid to a local authority by the secretary of state under section 14 of the 2002 act in respect of sixth form pupils; "special academy" means an educational institution which meets the requirements of section 1a(2) of the 2010 act; "special educational needs" has the meaning given in section 20(1) of the 2014 act; "specific grant" means any grant paid to a local authority under conditions which impose restrictions on the particular purposes for which the grant may be used other than - the dedicated schools grant; or any sixth form grant; "unavoidable costs" means costs which must be incurred by virtue of a statutory requirement; "year 1" means the school year in which the majority of pupils attain the age of six; "year 2" means the school year in which the majority of pupils attain the age of seven; "year 3" means the school year in which the majority of pupils attain the age of eight; "year 4" means the school year in which the majority of pupils attain the age of nine; "year 5" means the school year in which the majority of pupils attain the age of ten; "year 6" means the school year in which the majority of pupils attain the age of eleven. 5 in these regulations - a a reference to a determination or redetermination of a budget share or amount to be allocated is a reference to such a determination or redetermination for the funding period, unless otherwise stated; b a reference to an academy's "predecessor school" is a reference to - i the school that was discontinued and which that academy replaced, or ii the maintained school which converted into that academy in accordance with section 4 of the 2010 act; c a reference to a "governing body" of a school includes the management committee of a pupil referral unit; d a reference to an inspection under section 5 of the 2005 act includes a reference to an inspection under section 8 of that act (other inspections) which has been treated by the chief inspector as an inspection under section 5; e a reference to the number of pupils at a particular key stage is a reference to the number on 6th october 2016, unless otherwise stated; f a reference to disadvantaged two year olds in regulations 22 and 23 means - i a child who is eligible for funded early years provision only by virtue of meeting the eligibility condition in regulation 3(2) of the early years provision regulations 2014, including any three year olds who are so eligible, or ii a child in respect of whom funding is allocated by virtue of regulation 15(6); g a reference to "pupils or children" in regulations 15 and 16 is a reference to - i in respect of a nursery school, the pupils at the school, ii in respect of a nursery class, the pupils in the class, iii in respect of a funded early years provider, the children receiving funded early years provision from the provider, iv in respect of a relevant early years provider, the children receiving relevant early years provision from the provider, and v in respect of community early years provision, the children receiving such provision at the school; h a reference to "pupils" includes only those pupils who are recorded on the school census as either - i registered solely at that school, or ii registered at more than one school, but attending that school for most of their time, except in regulations 15(5), 15(6) and 16 where "pupil" means a registered pupil ; i a reference to "schools" in schedule 1 includes maintained schools and academies, except where the context requires otherwise; j a reference to "special educational needs transport costs", for the purposes of paragraph 2(d) of schedule 2, is a reference to the costs of home-to-school transport for pupils with special educational needs in schools maintained by a local authority where the authority is meeting such costs because the revenue savings that will be achieved by placing such children in a school maintained by it are equal to, or greater than, the costs of such transport; k a reference to "termination of employment costs", for the purposes of paragraph 2(b) of schedule 2, is a reference to expenditure relating to the dismissal or premature retirement of, or for the purpose of securing the resignation of, any person employed in a maintained school; l a reference to "children", for the purposes of schedule 2, has the meaning given by section 579 of the 1996 act. m a reference to "young people", for the purposes of part 5 of schedule 2, is a reference to a person who is over compulsory school age but under the age of 19. revocation 2 the school and early years finance (england) regulations 2014 are revoked on 1st april 2017. amendments 3 in regulation 8 of the schools forums (england) regulations 2012 , for regulation 8(9a) and (9b) substitute - 9a only the schools members of the schools forum who are representatives of primary schools may vote to decide whether or not to authorise the matters referred to in regulation 12(1)(d) of the school and early years finance (england) regulations 2017 where they relate to primary schools. 9b only the schools members of the schools forum who are representatives of secondary schools may vote to decide whether or not to authorise the matters referred to in regulation 12(1)(d) of the school and early years finance (england) regulations 2017 where they relate to secondary schools. 9c only the schools members of the schools forum who are listed in regulation 5(2)(b) to (e) may vote to decide whether or not to authorise the matters referred to in regulation 12(1)(e) of the school and early years finance (england) regulations 2017. . part 2 action to be taken by a local authority chapter 1 determination of the non-schools education budget, schools budget, individual schools budget, and budget shares the non-schools education budget 4 1 the following classes or descriptions of local authority expenditure are prescribed for the purposes of section 45a(1) of the 1998 act and the determination of a local authority's non-schools education budget, subject to the exceptions in regulation 7 - a those specified in schedule 1; b expenditure which is to be treated as part of the non-schools education budget by virtue of regulation 8(12); and c any expenditure which falls outside the classes or descriptions of expenditure specified in regulation 6 and schedule 2 (the schools budget). 2 the expenditure referred to in paragraph (1) includes expenditure on associated administrative costs and overheads. initial determination of a local authority's schools budget 5 a local authority must, not later than 28th february 2017 - a make an initial determination of its schools budget; and b give notice of that determination to the governing bodies of the schools which it maintains. the schools budget 6 1 the classes or descriptions of local authority expenditure specified in paragraph (2) and schedule 2 are prescribed for the purposes of section 45a(2) of the 1998 act and the determination of a local authority's schools budget, subject to the exceptions in regulation 7. 2 the classes or descriptions of local authority expenditure are - a expenditure on the provision and maintenance of maintained schools and on the education of pupils at maintained schools; b expenditure on the education of children at independent schools, non-maintained special schools, pupil referral units, at home or in hospital, and on any other arrangements for the provision of primary and secondary education for children otherwise than at schools maintained by a local authority; c all other expenditure incurred in connection with the authority's functions in relation to the provision of primary and secondary education, in so far as that expenditure does not fall within sub-paragraphs (a) or (b); d expenditure on the education of - i persons provided with further education who are aged under 19 and have special educational needs; and ii persons provided with further education who are aged 19 or over but under 25 and are subject to an ehc plan, in so far as that expenditure does not fall within sub-paragraphs (a) to (c); and e expenditure on early years provision, in so far as that expenditure does not fall within sub-paragraphs (a) to (d). exceptions 7 a local authority's non-schools education budget or schools budget must not include the following classes or descriptions of expenditure - a capital expenditure, other than - i cera; ii capital expenditure appropriated to the schools budget for the purpose of funding pay arrears due to staff whose salaries are met from the schools budget; b expenditure on capital financing, other than expenditure incurred - i on prudential borrowing; ii for the purpose of meeting the costs of financing the payment of pay arrears referred to in paragraph (a)(ii); and c expenditure for the purposes of section 26 of the road traffic regulation act 1984 (arrangements for patrolling school crossings). determination of the individual schools budget for the funding period and limit on increase in central expenditure 8 1 subject to this regulation, not later than 28th february 2017, a local authority must deduct from its schools budget such of the classes or descriptions of planned expenditure set out in schedule 2 as it proposes to deduct in order to determine its individual schools budget. 2 expenditure referred to in paragraphs 1 and 2 of part 1 (historic commitments) of schedule 2 may only be deducted by the local authority where the expenditure is to be incurred as a result of decisions taken before 1st april 2013 that commit the authority to incur expenditure in the funding period. 3 in deducting the expenditure referred to in part 1 (historic commitments) of schedule 2, a local authority must not exceed the limits referred to in paragraph 3 of schedule 2, unless it is authorised to do so under regulation 29(1)(a). 4 a local authority must not deduct the expenditure referred to in paragraphs 4 to 6 of schedule 2 unless the criteria for determining the expenditure have been authorised by its schools forum under regulation 12(1), or by the secretary of state under regulation 12(3). 5 except as provided for in paragraphs (12) and (13), a local authority must not deduct the expenditure referred to in schedule 2 (other than expenditure referred to in paragraph 8 (expenditure on licences) and part 5 (children and young people with high needs) of schedule 2) without authorisation from its schools forum under regulation 12(1), or from the secretary of state under regulation 12(3). 6 where a local authority carries forward a deficit from the previous funding period to the funding period which reduces the amount of the schools budget available, the funding of this deficit from the schools budget must be authorised by its schools forum under regulation 12(1), or by the secretary of state under regulation 12(3). 7 any amount of expenditure which was deducted under paragraphs 8 (growth fund), 9 (falling rolls), 10 (new schools), and 11 (extra infant classes) of schedule 2 to the 2015 regulations for the previous funding period and which remains unspent may be used by the local authority in the funding period for the purposes listed in paragraphs 8 to 11 of schedule 2 to the 2015 regulations that applied to such expenditure. 8 a local authority must deduct the expenditure referred to in paragraph 30 of schedule 2. 9 where a local authority treated any expenditure described in part 5 of schedule 2 to the 2015 regulations (items that may be removed from maintained schools' budget shares) as central expenditure for the previous funding period under regulation 11(4) of the 2015 regulations and any such amounts remain unspent, such amounts may be used by the local authority in the funding period for the purposes listed in part 5 of schedule 2 to the 2015 regulations that applied to such expenditure. 10 where a local authority treated any expenditure described in part 5 of schedule 2 to the 2015 regulations as central expenditure for the previous funding period under regulation 11(4) of the 2015 regulations and carries forward a deficit in respect of that expenditure, the funding of this deficit from the schools budget must be authorised by its schools forum under regulation 12(1) or by the secretary of state under regulation 12(3). 11 a local authority may apply to the secretary of state for authorisation under regulation 29(1) to - a deduct from its schools budget any expenditure falling outside the classes or descriptions of planned expenditure in schedule 2, in order to determine its individual schools budget; and b alter the operation of regulation 11(3) (additional costs of pupils with special educational needs). 12 a local authority may deduct the expenditure specified in paragraph (13) from the schools budget without authorisation from its schools forum under regulation 12(1), or from the secretary of state under regulation 12(3), in which case it shall be treated as if it were part of the non-schools education budget, prescribed in regulation 4. 13 the specified expenditure, for the purposes of paragraph (12), is the description of expenditure referred to in - a paragraphs 9 to 12 of schedule 2; b part 3 of schedule 2; and c part 7 of schedule 2. 14 references to planned expenditure in this regulation and schedule 2 are references to that expenditure net of - a all related specific grants; b all related fees, charges and income; and c any funding received from the secretary of state in respect of a charge payable by a local authority under a private finance transaction, as defined in regulation 16 of the local authorities (capital finance) regulations 1997 . 15 the expenditure referred to in schedule 2 includes expenditure on associated administrative costs and overheads. consultation 9 1 in determining the formulae under regulation 10, a local authority may change the formulae which it determined under regulation 10 of the 2015 regulations. 2 subject to paragraph (4), a local authority must consult its schools forum and schools maintained by it about any proposed changes under paragraph (1), in relation to the factors and criteria taken into account, and the methods, principles and rules adopted. 3 where a local authority proposes to make changes under paragraph (1) which will affect relevant early years providers in its area, it must also consult those providers in relation to the factors and criteria taken into account, and the methods, principles and rules adopted. 4 paragraph (2) does not apply to changes made relating to matters referred to in regulation 24 (sixth form funding) or 27 (excluded pupils). 5 a local authority must consult its schools forum before incurring any of the expenditure referred to in paragraphs 4 to 6 of schedule 2. formulae for determination of budget shares etc for certain maintained schools and early years providers 10 1 a local authority must, before the beginning of the funding period and after carrying out any consultation required by regulation 9(2), decide on the formula which it will use to determine the budget shares for schools which it maintains (other than special schools, pupil referral units and nursery schools, and in relation to nursery classes in schools maintained by it). 2 a local authority must use the formula determined under paragraph (1) in all determinations of school budget shares in respect of the funding period. 3 a local authority must, before the beginning of the funding period and after carrying out any consultation required by regulation 9(2) or (3), decide on the formula which it will use to determine - a the budget shares for nursery schools maintained by it; b the amounts to be allocated in respect of nursery classes in schools maintained by it; c the amounts to be allocated to relevant early years providers in its area; and d the amounts to be allocated in respect of community early years provision in schools maintained by it. 4 a local authority must use the formula determined under paragraph (3) when making all the determinations referred to in paragraph (3)(a) to (d) in respect of the funding period. 5 a local authority may not change its formulae after the funding period has begun. 6 the formulae must be determined in accordance with part 3 of these regulations. determination of allocation of budget shares etc for the funding period 11 1 except as provided for in paragraphs (2), (4) and (9), not later than 28th february 2017, a local authority must determine the budget share for each school which it maintains, using the formula referred to in regulation 10(1) in accordance with part 3 of these regulations. 2 paragraph (1) does not apply to any determination of amounts to be included in budget shares under regulation 24 (sixth form funding) and in relation to such determination the local authority must make the determination and notify the school to which the determination relates within a reasonable period after the notification given by the secretary of state under regulation 24(1). 3 when making the determination under paragraph (1) the local authority must identify within each budget share an amount calculated by reference to the requirements, factors and criteria specified in part 3 which are relevant to pupils with special educational needs; such amount must be calculated using a sum of 6,000 as the threshold below which the school will be expected to meet the additional costs of pupils with special educational needs from its budget share. 4 not later than 28th february 2017, a local authority must determine the budget share for each of the special schools and pupil referral units maintained by it in accordance with part 3 of these regulations. 5 after the local authority has made a determination under paragraph (1) but before giving notice under paragraph (10), the authority may apply to its schools forum under regulation 12(1), or to the secretary of state under regulation 12(2), for authorisation to redetermine schools' budget shares by removing any of the expenditure referred to in part 6 (items that may be removed from maintained schools' budget shares - primary and secondary schools) of schedule 2 from the budget shares of - a all primary schools other than nursery schools; b all secondary schools; or c all primary schools other than nursery schools, and all secondary schools, where the expenditure is instead to be treated as if it were part of central expenditure. 6 after the local authority has made a determination under paragraph (1) or (4) but before giving notice under paragraph (10), the authority may apply to its schools forum under regulation 12(1), or to the secretary of state under regulation 12(2), for authorisation to redetermine schools' budget shares by removing any of the expenditure referred to in part 7 (items that may be removed from maintained schools' budget shares - primary, secondary, and special schools, and pupil referral units) of schedule 2 from the budget shares of the schools specified in paragraph (7), where the expenditure is instead to be treated as if it were part of central expenditure. 7 for the purposes of paragraph (6), the specified schools are all primary schools other than nursery schools, all secondary schools, and all special schools and pupil referral units. 8 where the local authority makes an application under paragraph (6), the amount by which the budget share is to be redetermined must be set out - a in the case of a maintained school other than a special school, a pupil referral unit or a nursery school, on an amount per pupil basis; b in the case of a maintained school which is a special school, or a pupil referral unit, on an amount per place basis. 9 not later than 31st march 2017, a local authority must determine - a the budget share for each of the nursery schools maintained by it; b the amount to be allocated in respect of each nursery class in schools maintained by it; c the amount to be allocated to each relevant early years provider in its area; and d the amount to be allocated in respect of community early years provision, using the formula referred to in regulation 10(3) in accordance with part 3 of these regulations. 10 not later than 31st march 2017, a local authority must give notice of - a each budget share or amount determined under paragraphs (1), (4) and (9); or b the redetermined budget share, when the budget share has been redetermined under paragraph (5) or (6), to the governing body of the school or the relevant early years provider concerned. 11 save as provided in this regulation and in regulations 16 (special arrangements for pupils in maintained nursery schools and nursery classes and children receiving relevant early years provision), 19 (differential funding), 24 (sixth form funding), 25 (new schools, merged schools and closing schools), 26 (federated schools), 27 (excluded pupils), 28 (correction of errors and non-domestic rates) and 29 (alternative arrangements), the authority must not redetermine a school's budget share or the amount allocated to a relevant early years provider. chapter 2 further deductions and variations to limits authorised by schools forums or the secretary of state applications to the schools forum and the secretary of state 12 1 on the application of a local authority, its schools forum may authorise - a the criteria for determining expenditure referred to in paragraphs 4 to 6 of schedule 2, under regulation 8(4); b the making of deductions from the authority's schools budget of expenditure under regulation 8(5); c the funding of any deficit from the schools budget under regulation 8(6) or (10); or d the redetermination of schools' budget shares by removal of any of the expenditure referred to in part 6 (items that may be removed from maintained schools' budget shares - primary and secondary schools) of schedule 2 from schools' budget shares where it is instead to be treated by the authority as if it were part of central expenditure, under regulation 11(5); and e the redetermination of schools' budget shares by removal of any of the expenditure referred to in part 7 (items that may be removed from maintained schools' budget shares - primary, secondary, and special schools, and pupil referral units) of schedule 2 from schools' budget shares where it is instead to be treated by the authority as if it were part of central expenditure, under regulation 11(6). 2 where - a a schools forum does not authorise any of the matters referred to in paragraph (1); or b a local authority is not required to establish a schools forum for its area, the authority may apply to the secretary of state for such authorisation. 3 on the application of a local authority under paragraph (2), the secretary of state may authorise the matters referred to in paragraph (1). part 3 determination of budget shares etc chapter 1 requirements, and factors and criteria taken into account pupil numbers 13 1 in determining budget shares for primary and secondary schools, except in respect of nursery classes a local authority must ascertain and take into account in its formula the number of pupils at those schools in accordance with paragraph (2) on the date specified in paragraph (3). 2 for the purposes of paragraph (1), the number of pupils is a ( b c ) d where - a a is the total number of pupils in the school; b b is the number of places in the school which the authority has reserved for children with special educational needs; c c is the number of children in places in the school which the authority has reserved for children with special educational needs where those places are occupied by a child in a nursery class, or by a child who is not a pupil at the school; and d d is the number of pupils in the school in respect of whom sixth form grant is payable. 3 the date for ascertaining pupil numbers is 6th october 2016. 4 where a primary school had more pupils in reception classes on 21st january 2016 than on 1st october 2015, the local authority may take the number of additional pupils into account in its formula, and where it does so this factor must be applied to all primary schools in the area. 5 a local authority must include in its formula a single per pupil amount of at least - a 2,000 for each of the pupils in reception classes and at key stages 1 and 2; b 3,000 for each of the pupils at key stage 3; and c 3,000 for each of the pupils at key stage 4. places 14 1 in determining budget shares for special schools, a local authority - a must include 10,000 for each place other than - i hospital education places; and ii places for those who are over 18, unless they are aged 19 and are continuing to attend a particular course of secondary education which they began before they reached the age of 18; and b must not include funding for places described in sub-paragraph (a)(ii). 2 in determining budget shares for primary or secondary schools maintained by the local authority, with places which the authority has reserved for children with special educational needs, a local authority must include 10,000 for each place other than hospital education places. 3 in determining budget shares for pupil referral units, a local authority must include 10,000 for each place other than hospital education places. 4 paragraph (3) applies to places to be commissioned by schools or directly by a local authority. 5 for each hospital education place referred to in paragraphs (1) to (3) the local authority must include at least the equivalent amount per hospital education place which the authority included in the budget share of the school or pupil referral unit, as the case may be, in the previous funding period. social deprivation 15 1 in determining budget shares for schools maintained by it (other than special schools, pupil referral units and nursery schools), a local authority must take into account in its formula one or more factors based on the incidence of social deprivation in pupils at the schools maintained by it. 2 the authority must base the incidence of social deprivation referred to in paragraph (1) on one or both of the following - a a pupil's eligibility for free school meals on 6th october 2016 or a pupil's eligibility for free school meals recorded in any school census between and including summer 2010 and spring 2016; b a pupil's idaci score on 6th october 2016, and where it is based on an idaci score the authority may use factors which differentiate between different idaci bands (that is, groupings of idaci scores set out at annex 2 to the document published by the department for education named "schools revenue funding 2017 to 2018: operational guide" ). 3 in determining budget shares under paragraph (1), the authority may take into account in its formula a single per pupil amount for each socially deprived pupil in reception classes and at key stage 1 and 2, and a single per pupil amount for each socially deprived pupil at key stage 3 and 4. 4 in paragraph (3) a reference to a "socially deprived pupil" is to a pupil who has been determined as being such using the criteria in paragraph (2). 5 subject to regulation 23, other than in respect of two year olds, in determining - a budget shares for maintained nursery schools; b amounts to be allocated in respect of nursery classes in schools maintained by it; c amounts to be allocated to relevant early years providers in its area; and d amounts to be allocated in respect of community early years provision in schools maintained by it, a local authority must take into account in its formula one or more factors based on the incidence of social deprivation in pupils or children, and the determination of the incidence of social deprivation must be based on the characteristics of the pupils or children and not on the location of the school or provider. 6 in respect of two year olds, in determining - a budget shares for maintained nursery schools; b amounts to be allocated in respect of nursery classes in schools maintained by it; c amounts to be allocated to relevant early years providers in its area; and d amounts to be allocated in respect of community early years provision in schools maintained by it, a local authority may take into account in its formula one or more factors based on the incidence of social deprivation in pupils or children, and the determination of the incidence of social deprivation must be based on the characteristics of the pupils or children and not on the location of the school or provider. special arrangements for pupils in maintained nursery schools and nursery classes and for children receiving relevant early years provision and community early years provision 16 1 subject to this regulation, in determining - a budget shares for nursery schools maintained by it; b amounts to be allocated in respect of nursery classes in schools maintained by it; c amounts to be allocated to relevant early years providers in its area; and d amounts to be allocated in respect of community early years provision in schools maintained by it, a local authority must take into account in its formula the predicted total number of hours of attendance of pupils or children, basing the calculation on the most recent data available about the actual numbers of pupils or children. 2 when further information about hours of attendance becomes available a local authority must - a review the budget share for each maintained nursery school, the amount allocated in respect of each nursery class and the amount allocated in respect of community early years provision; and b redetermine that budget share or amount allocated, as the case may be. 3 when carrying out a review and redetermination under paragraph (2) the local authority must - a in the case where the local authority decides to fund only funded early years provision, take into account - i the predicted total number of hours of attendance of pupils in the nursery school or nursery class, and of children being provided community early years provision, who will receive funded early years provision during the period (basing the calculation on the actual hours of such attendance in each of at least three sample weeks); or ii the actual total number of hours of such attendance for the period; b in the case where the local authority decides to fund early years provision in excess of funded early years provision, take into account - i the predicted total number of hours of attendance of pupils in the nursery school or nursery class, and of children being provided community early years provision, who will receive early years provision during the period (basing the calculation on the actual hours of such attendance in each of at least three sample weeks); or ii the actual total number of hours of such attendance for the period. 4 when further information about hours of attendance becomes available, a local authority must - a review the amount allocated to each relevant early years provider; and b redetermine the amount allocated. 5 when carrying out a review and redetermination under paragraph (4) the local authority must take into account - a the predicted total number of hours of attendance of children who will receive funded early years provision from the relevant early years provider, during the period (basing the calculation on the actual hours of such attendance in each of at least three sample weeks); or b the actual total numbers of hours of such attendance for the period. 6 within 28 days of making any redetermination under paragraph (2) or (4), the local authority must give notice of the redetermination and the date on which it will be implemented to the governing body of the school, or the relevant early years provider concerned. 7 when making determinations under this regulation, a local authority may weight the predicted total number of hours of attendance of pupils or children, according to the special educational needs of any such pupils or children. 8 when determining - a budget shares for nursery schools maintained by it; b amounts to be allocated in respect of nursery classes in schools maintained by it; c amounts to be allocated to relevant early years providers in its area; d amounts to be allocated in respect of community early years provision in schools maintained by it, a local authority may take into account in its formula the number of places it wishes to fund in the school, class or provider (instead of the predicted total number of hours of attendance), where the authority has reserved those places for children with special educational needs or children in need. 9 in paragraph (8) "children in need" means children in respect of whom the local authority in whose area they reside must provide a range of services appropriate to their needs under section 17 of the 1989 act. early years pupil premium 17 1 a local authority must include in the amount to be allocated to each early years provider in its area which has one or more children eligible for the early years pupil premium an amount equivalent to 53 pence per eligible child for each hour of early years provision that the child receives, up to a maximum of 570 hours. 2 a child is eligible for early years pupil premium if the child - a is eligible for funded early years provision under regulation 3(3) of the early years provision regulations 2014; b receives at least one hour of such provision; and c either - i the child's parents are receiving one or more of the benefits in paragraph (3), or ii the child has previously been looked after by a local authority and is no longer so looked after as a result of the making of an order in paragraph (4). 3 the benefits are - a universal credit; b income support; c income-based jobseekers' allowance; d income-related employment and support allowance; e support under part vi of the immigration and asylum act 1999; f the guaranteed element of state pension credit; g child tax credit (where the recipient is not also entitled to working tax credit and has an annual gross income of no more than 16,190), and h working tax credit run-on. 4 the orders are - a an adoption order within the meaning given by section 46(1) of the adoption and children act 2002 ; b a special guardianship order within the meaning given by section 14a(1) of the 1989 act ; and c a child arrangements order within the meaning given by section 8(1) of the 1989 act which consists of, or includes, arrangements relating to either or both of the following - i with whom the child is to live; ii when the child is to live with any person. 5 a local authority must include in the amount to be allocated for relevant early years provision or community early years provision in its area an amount of 302.10 (equivalent to 53 pence multiplied by 570) for each looked after child aged three or four years old in the local authority's area. 6 the allocation referred to in paragraph (5) must be managed by the local authority's designated virtual school head for the benefit of the educational needs of the relevant looked after children as described in their personal education plans (that is, plans relating to the children's education and training, including as far as is relevant and reasonably practicable the information in paragraph 2 of schedule 1 to the care planning, placement and case review (england) regulations 2010 ). 7 in paragraph (6), "virtual school head" means a person appointed by a local authority under section 22(3b) of the 1989 act for the purpose of discharging the local authority's duty set out in section 22(3a) of that act (duty to promote the educational achievement of children looked after by the authority). disability access fund 18 1 a local authority must include in the amount to be allocated to an early years provider a single amount of 615 for each disabled child who is in receipt of funded early years provision by virtue of regulation 3(3) of the early years provision regulations 2014. 2 a local authority may only include an amount under paragraph (1) once in respect of any child. 3 for the purposes of this regulation, a child is disabled if he or she is paid or entitled to disability living allowance by virtue of section 71 of the social security contributions and benefits act 1992 . differential funding 19 1 for the purpose of determining or redetermining - a budget shares for nursery schools maintained by it; b amounts to be allocated in respect of nursery classes in schools maintained by it; c amounts to be allocated to relevant early years providers in its area; and d amounts to be allocated in respect of community early years provision in schools maintained by it, a local authority may use factors or criteria which differentiate between different categories or descriptions of school or provider on the basis of unavoidable costs. 2 in particular, a local authority may include an additional sum in the budget share of each nursery school maintained by it. additional requirements, factors or criteria 20 1 subject to paragraph (3), in determining budget shares, a local authority may take into account in its formula any or all of the requirements, factors or criteria in part 1 of schedule 3, and where it does the date for ascertaining pupil numbers is 6th october 2016, except where these regulations provide otherwise. 2 subject to regulation 23, in determining - a budget shares for nursery schools maintained by it; b amounts to be allocated in respect of nursery classes in schools maintained by it; c amounts to be allocated to relevant early years providers in its area; and d amounts to be allocated in respect of community early years provision in schools maintained by it, a local authority may take into account in its formula any or all of the requirements, factors or criteria in part 2 of schedule 3. 3 the requirements, factors and criteria in schedule 3 may not be taken into account by a local authority on the basis of actual or estimated cost unless otherwise stated in that schedule. 4 subject to paragraphs (5) to (7), where a school would otherwise receive a greater amount of redetermined adjusted budget share per pupil than it did in the previous funding period, the local authority may do one or both of the following - a determine a percentage beyond which the per pupil amount of redetermined adjusted budget may not increase; b determine a percentage by which the amount that the per pupil redetermined adjusted budget share would otherwise increase by will be reduced. 5 in paragraph (4) "redetermined adjusted budget share for the previous funding period" and "redetermined adjusted budget share" have the same meanings as in schedule 4. 6 where the local authority decides to take one or both of the actions described in paragraph (4)(a) and (b), this must be applied to the budget shares of all schools in the local authority area. 7 paragraph (4) does not apply to the determination of budget shares for - a special schools; b pupil referral units; c nursery schools; and d any school that has opened since 1 april 2010 and does not yet have pupils in each year group for which it proposes to provide education. schools minimum funding guarantee 21 1 except as provided for in this regulation, in determining and redetermining budget shares for primary and secondary schools maintained by it, a local authority must ensure that an amount equal to the guaranteed funding level is included, calculated in accordance with schedule 4. 2 for the purpose of determining budget shares, paragraph (1) does not apply to any school opening during the funding period, except in the circumstances set out in paragraph 3 of schedule 4. 3 this regulation does not apply in relation to a redetermination of a budget share under regulation 11(5) or (6). 4 a local authority may change the operation of this regulation and the operation of schedule 4 in determining and redetermining budget shares where authorised to do so by the secretary of state under regulation 29 (alternative arrangements). early years 93 per cent requirement 22 1 in making determinations under regulation 11(9), a local authority must comply with the formula set out in this regulation. 2 the formula is (a - b) / c is no less than 93 percent of d, where - a a is the total of - i all budget shares and amounts determined by the authority under regulation 11(9); ii any amount deducted by the authority under paragraph 25 of schedule 2 to these regulations; and iii any amount of the fund established under paragraph 30 of schedule 2 to these regulations, which the authority intends to distribute to early years providers; b b is the total of - i the maintained nursery school supplement, and ii any part of the budget share or amount determined by the authority under regulation 11(9) in respect of disadvantaged two year olds; c c is the total number of hours of attendance of children, predicted by the authority under regulation 16(1), less any predicted hours of attendance of disadvantaged two year olds; d d is the hourly unit funding rate, notified to the local authority in the early years block. 10 per cent early years discretionary funding cap 23 1 a local authority must ensure that the total amount of discretionary funding does not exceed 10 per cent of early years allocations. 2 in this regulation, "discretionary funding" means funding that is attributable to - a the factors based on the incidence of social deprivation in pupils or children referred to in regulation 15(5) (social deprivation), and b the requirements, factors and criteria set out in part 2 of schedule 3 which by virtue of regulation 20(2) a local authority may take into account in its formula. 3 in this regulation, early years allocations is the total amount of the following budget shares and amounts determined by the local authority under regulation 11(9) - a the budget shares for nursery schools maintained by the authority, b the amounts to be allocated in respect of nursery classes in schools maintained by it; c the amounts to be allocated to relevant early years providers in its area; and d the amounts to be allocated in respect of community early years provision in schools maintained by it. less any of the amounts specified in paragraph (4). 4 the following are not included in early years allocations for the purposes of this regulation - a any amounts allocated in respect of disadvantaged two year olds; and b the maintained nursery school supplement. sixth form funding 24 1 a local authority must include in the budget shares of maintained secondary schools and special schools an amount equal to any sum notified to the local authority by the secretary of state as being the allocation of sixth form grant for that school. 2 a local authority may also include an additional amount in the budget shares of maintained secondary schools and special schools where permitted to do so under the sixth form grant. 3 a local authority must redetermine the budget share of a secondary school before the end of the funding period where the authority receives a written notification from the secretary of state of a revised allocation in respect of the sum referred to in paragraph (1). new schools, merged schools and closing schools 25 1 where in the funding period, but excluding 1st april 2017, a new maintained school opens, and is a replacement for two or more maintained schools that are discontinued during the funding period, a local authority must calculate the budget share of the new school by adding together the budget shares of the schools that have been discontinued. 2 except where paragraph (1) applies, a local authority must determine a budget share for - a any new maintained school in its area, and b any school that has opened since 1st april 2010 and does not yet have pupils in each year group for which the school proposes to provide education, from the date of the school's opening on the basis of expected pupil numbers during the funding period estimated by the authority, and regulation 13 does not apply. 3 where a school to which paragraph (2) applies was funded on the basis of estimated pupil numbers in the previous funding period, the local authority may take account of any difference between estimated and actual pupil numbers in the previous funding period when estimating pupil numbers for the funding period. 4 where in the previous funding period or on 1st april 2017 a new maintained school opened or opens and is a replacement for two or more maintained schools that were discontinued during the previous funding period or on 1st april 2017, a local authority must include in the budget share of the new school an amount equal to 85% of the total amount which the schools that it replaced would have been allocated in their budget shares under paragraphs 1 and 2 of schedule 3 (single sums) if the schools had not been discontinued. 5 where paragraph (4) applies, no single sum is to be included in the new school's budget share under paragraph 1 or 2 of schedule 3. 6 a local authority must determine a budget share for any maintained school in its area which is to be discontinued in the funding period up to the date when the school is discontinued in accordance with this part. 7 where in the funding period, but excluding 1st april 2017, a maintained school is subject to a prescribed alteration as a result of a closure of a school, a local authority must redetermine the budget share of the enlarged school by adding to it the budget share of the school that has been discontinued. 8 where in the previous funding period or on 1st april 2017 a maintained school is subject to a prescribed alteration as a result of a closure of a school during the previous funding period or on 1st april 2017, a local authority must include in the budget share of the enlarged school an amount equal to 85% of the total amount which the schools whose provision it has replaced would have been allocated in their budget shares under paragraph 1 and 2 of schedule 3 if the school had not been discontinued. 9 where in the funding period, but excluding 1st april 2017, a school has been established or is subject to a prescribed alteration as a result of the closure of a school, a local authority may add an amount to the budget share of the new or enlarged school to reflect all or part of the unspent budget share (including any surplus carried over from previous funding periods) of the closing school for the funding period in which it closes. 10 a local authority may change the operation of this regulation where authorised to do so by the secretary of state under regulation 29 (alternative arrangements). 11 in this regulation, "prescribed alteration" means a prescribed alteration within the meaning of the school organisation (prescribed alterations to maintained schools) (england) regulations 2013 . federated schools 26 1 subject to paragraphs (2) and (3), where two or more maintained schools are federated under section 24 of the 2002 act, the local authority must determine a budget share for each school in accordance with part 3 of these regulations. 2 after carrying out the determination under paragraph (1) the local authority may treat the schools as a single school for the purposes of these regulations and, accordingly, allocate a single budget share to the governing body of the federation. 3 where the local authority decides to allocate a single budget share to the governing body of a federation under paragraph (2), it must determine it by combining the budget shares of all the schools that form part of that federation. 4 where one or more schools are to leave a federation which has been allocated a single budget share under paragraph (2), the local authority must - a determine the budget share for each of the leaving schools, and b redetermine the budget share for the federation, in accordance with part 3 of these regulations. chapter 2 adjustments, correction of errors, and alternative arrangements authorised by the secretary of state pupils permanently excluded from, or leaving, maintained schools 27 1 where a pupil is permanently excluded from a school maintained by a local authority (other than a special school, a pupil referral unit, or a place which the authority has reserved for children with special educational needs) ("the excluding school") the authority must redetermine the excluding school's budget share in accordance with paragraph (2). 2 the excluding school's budget share must be reduced by a ( b / 52 ) + c where - a a is the amount determined by the authority in accordance with this part that would be attributable to a pupil of the same age and personal circumstances as the pupil in question at primary or secondary schools maintained by the authority for the full funding period; b b is either - i the number of complete weeks remaining in the funding period calculated from the relevant date; or ii where the permanent exclusion takes effect on or after 1st april in a school year at the end of which pupils of the same age, or age group, as the pupil in question normally leave that school before being admitted to another school with a different pupil age range, the number of complete weeks remaining in that school year calculated from the relevant date; and c c is the amount of the adjustment made to the school's budget share under a financial adjustment order. 3 where a pupil who has been permanently excluded from the excluding school and is admitted to another school maintained by a local authority (other than a special school, a pupil referral unit, or to a place which the authority has reserved for children with special educational needs) ("the admitting school") in the funding period, the authority must redetermine the admitting school's budget share in accordance with paragraphs (4) and (5). 4 the admitting school's budget share must be increased by an amount which is not less than d ( e / f ) where - a d is the amount by which the authority reduced the budget share of the excluding school, or would have reduced the budget share if that school had been maintained by the authority, except that any reduction in the excluding school's budget share made under a financial adjustment order must not be taken into account for these purposes; b e is the number of complete weeks remaining in the funding period during which the pupil is a pupil at the admitting school; and c f is the number of complete weeks remaining in the funding period calculated from the relevant date. 5 in redetermining the admitting school's budget share, the authority may increase it by any amount up to the amount of the adjustment made to the excluding school's budget share under a financial adjustment order. 6 where a permanently excluded pupil is subsequently reinstated by the governing body of the school, the school's budget share must be increased by an amount which is no less than g ( h / i ) where - a g is the amount by which the authority reduced the school's budget share under paragraph (2); b h is the number of complete weeks remaining in the funding period during which the pupil is reinstated; and c i is the number of complete weeks remaining in the funding period calculated from the relevant date. 7 paragraphs (1) and (2) also apply where a pupil leaves a maintained school (other than a special school, a pupil referral unit, or a place which the authority has reserved for children with special educational needs) for reasons other than permanent exclusion and is receiving education funded by a local authority other than at a school which is maintained by that authority. 8 for the purposes of paragraph (2)(a), the amount attributable to a pupil is the sum of the amounts determined in accordance with the authority's formula, by reference to pupil numbers rather than by reference to any other factor or criterion not dependent on pupil numbers (except that where a sixth form grant is payable in respect of the pupil in question, the amount attributable to that pupil is 4,000 for the funding period). 9 where a pupil in respect of whom a pupil premium is payable has been permanently excluded from a school maintained by a local authority ("the excluding school"), the local authority must redetermine the excluding school's budget share in accordance with paragraph (10). 10 the excluding school's budget share must be reduced by j ( k / 52 ) where - a j is the amount of the pupil premium allocated to the excluding school for the funding period in respect of that child; and b k is either - i the number of complete weeks remaining in the funding period calculated from the relevant date; or ii where the permanent exclusion takes effect on or after 1st april in a school year at the end of which pupils of the same age, or age group, as the pupil in question normally leave that school before being admitted to another school with a different pupil age range, the number of complete weeks remaining in that school year calculated from the relevant date. 11 where a pupil in respect of whom a pupil premium is payable has been permanently excluded from a school maintained by a local authority and admitted to another school maintained by a local authority ("the admitting school") in the funding period, the authority must redetermine the budget share of the admitting school in accordance with paragraph (12). 12 the admitting school's budget share must be increased by an amount which is not less than l ( m / n ) where - a l is the amount by which the authority reduced the budget share of the excluding school or would have reduced the budget share had that school been maintained by the authority; b m is the number of complete weeks remaining in the funding period during which the pupil is a pupil at the admitting school; and c n is the number of complete weeks remaining in the funding period calculated from the relevant date. 13 where a permanently excluded pupil in respect of whom a pupil premium is payable is subsequently reinstated by the governing body of the school, the school's budget share must be increased by an amount which is no less than o ( p / q ) where - a o is the amount by which the authority reduced the school's budget share under paragraph (10); b p is the number of complete weeks remaining in the funding period during which the pupil is reinstated; and c q is the number of complete weeks remaining in the funding period calculated from the relevant date. 14 paragraphs (9) and (10) also apply where a pupil in respect of whom a pupil premium is payable leaves a maintained school for reasons other than permanent exclusion and is receiving education funded by a local authority other than at a school which is maintained by that authority. 15 for the purposes of this regulation - a "the relevant date" is the sixth school day following the date on which the pupil has been permanently excluded; and b "a financial adjustment order" means an order for the adjustment of a school's budget share made under regulation 25(5)(b) of the school discipline (pupil exclusions and reviews) (england) regulations 2012 in respect of the exclusion of the pupil from the excluding school. correction of errors and changes in non-domestic rates 28 1 a local authority may at any time during the funding period redetermine a maintained school's budget share, or the amount allocated to a relevant early years provider, for the funding period or any previous funding period in order to correct an error in a determination or redetermination made under these regulations or any previous regulations made under sections 47 or 47za of the 1998 act, whether arising from a mistake as to the number of pupils at the school or otherwise, and any such redetermination will take effect in the next financial year following the funding period. 2 a local authority may redetermine a school's budget share to take into account any changes in that school's non-domestic rate liability in relation to the funding period or any previous funding period. 3 in so far as any redetermination under paragraph (1) would require the amount that would otherwise have been the budget share of a school to be reduced, it may not be reduced to a figure which is lower than that which could have been allocated to that school under the regulations in force during the funding period in which the error occurred. alternative arrangements approved by the secretary of state 29 1 subject to paragraph (2), on application by a local authority, the secretary of state may authorise the authority to - a disregard the limits referred to in paragraph 3 of schedule 2 when deducting any expenditure referred to in regulation 8(3) (historic commitments); b deduct any expenditure referred to in regulation 8(11)(a) (expenditure falling outside schedule 2); c alter the operation of regulation 11(3) (additional expenditure on children with special educational needs); d determine or redetermine budget shares of schools maintained by it; e determine or redetermine amounts to be allocated in respect of nursery classes in schools maintained by it; f determine or redetermine amounts to be allocated to relevant early years providers in its area; g include additional factors or criteria in its formula under regulation 10(1) (formula for determining budget shares) where the nature of a school's premises exceptionally gives rise to significant additional cost; h include additional factors or criteria that the authority proposes to include in its formula under regulation 10(3) (early years single funding formula); i vary the amount by which a school's redetermined adjusted budget share must be reduced for the purpose of determining the guaranteed level of funding in paragraph 1 of schedule 4; j disregard regulation 13 (pupil numbers); k alter the operation of regulation 25 (new schools, merged schools and closing schools) in respect of particular schools; l alter the operation of paragraphs 14 (primary sparsity) and 15 (secondary sparsity) of schedule 3 in respect of particular schools; and m alter the operation of regulation 22 (early years 93 per cent requirement). 2 the secretary of state may authorise the matters in paragraph (1) to such extent as he or she may specify in accordance with arrangements approved in place of the arrangements provided for by these regulations. part 4 schemes required content of schemes 30 a scheme prepared by a local authority under section 48(1) of the 1998 act must deal with the matters connected with the financing of schools maintained by the authority set out in schedule 5. approval by the schools forum or the secretary of state of proposals to revise schemes 31 1 where a local authority submits a copy of its proposals to revise its scheme to its schools forum for approval under paragraph 2a(3)(b) of schedule 14 to the 1998 act, the members of the schools forum who represent schools maintained by the authority may - a approve the proposals; b approve the proposals with modifications; or c refuse to approve the proposals. 2 where the schools forum approves the proposals to revise the scheme, it may specify the date on which the revised scheme is to come into force. 3 the local authority may apply to the secretary of state for approval of proposals submitted under paragraph 2a(3)(b) of schedule 14 to the 1998 act where - a the schools forum refuses to approve the proposals, or approves them with modifications which are not acceptable to the local authority; or b the local authority is not required to establish a schools forum for its area. 4 the secretary of state may - a approve the proposals; b approve the proposals with modifications; or c refuse to approve the proposals. 5 when approving proposals, the secretary of state may specify the date on which the revised scheme is to come into force. 6 no revised scheme is to come into force unless approved by the schools forum or the secretary of state in accordance with this regulation. publication of schemes 32 1 a local authority - a must publish its scheme on a website which is accessible to the general public; and b may publish it elsewhere. 2 whenever a local authority revises the whole or part of its scheme, it must publish the scheme as revised on a website which is accessible to the general public by the date that the revisions are due to come into force, together with a statement that the revised scheme comes into force on that date. nick gibb minister of state department for education 23rd january 2017

citation and commencement 1 this order may be cited as the export control (amendment) (no. 3) order 2017 and comes into force on 13th july 2017. amendments to the export control order 2008 2 1 schedule 2 to the export control order 2008 is amended as follows. 2 under the definitions heading - a at the appropriate place, insert - "airship" means a power-driven airborne vehicle that is kept buoyant by a body of gas (usually helium, formerly hydrogen) which is lighter than air; ; b for the definition of "laser", substitute - "laser" means an item that produces spatially and temporally coherent light through amplification by stimulated emission of radiation; ; c for the definition of "lighter-than-air vehicles", substitute - "lighter-than-air vehicles" means balloons and "airships" that rely on hot air or on lighter-than-air gases such as helium or hydrogen for their lift; ; d for "pyrotechnic(s)" at the definition of that word, substitute "pyrotechnics"; e omit the definition of "software". 3 for entry ml1.d., including the note to that entry, substitute - d. sound suppressors or moderators, "special gun-mountings", optical weapon-sights and flash suppressors, for firearms specified in ml1.a., ml1.b. or ml1.c. note: ml1.d. does not control: a. optical weapon-sights without electronic image processing (i.e. using only lenses to view the target), with a magnification of 9 times or less, provided they are not specially designed or modified for military use. . 4 after entry ml8.a.39., insert - 40. btnen (bis(2,2,2-trinitroethyl)-nitramine) ( cas 19836-28-3); note: ml8.a. includes 'explosive co-crystals'. technical note: an 'explosive co-crystal' is a solid material consisting of an ordered three dimensional arrangement of two or more explosive molecules, where at least one is specified in ml8.a. . 5 for entry ml8.c.1., excluding the note to that entry, substitute - 1. "aircraft" fuels specially formulated for military purposes; . 6 for entry ml8.c.5., including the notes to that entry, substitute - 5. metal fuels, fuel 'mixtures' or "pyrotechnic" mixtures, in particle form whether spherical, atomised, spheroidal, flaked or ground, manufactured from material consisting of 99% or more of any of the following: a. metals as follows and 'mixtures' thereof: 1. beryllium (cas 7440-41-7) in particle sizes of less than 60m; 2. iron powder (cas 7439-89-6) with particle size of 3m or less produced by reduction of iron oxide with hydrogen; b. 'mixtures' containing any of the following: 1. zirconium (cas 7440-67-7), magnesium (cas 7439-95-4) or alloys of these in particle sizes of less than 60m; 2. boron (cas 7440-42-8) or boron carbide (cas 12069-32-8) fuels of 85% purity or higher and particle sizes of less than 60m; note 1: ml8.c.5.b.2 does not control boron and boron carbide enriched with boron-10 (20% or more of total boron-10 content). note 2: ml8.c.5.b. only controls metal fuels in particle form when they are mixed with other substances to form a 'mixture' formulated for military purposes such as liquid "propellant" slurries, solid "propellants" or "pyrotechnic" mixtures. note 3: ml8.c.5. controls "explosives" and fuels, whether or not the metals or alloys are encapsulated in aluminium, magnesium, zirconium or beryllium. nb: see also 1c of annex i to "the dual-use regulation". . 7 for entry ml10.c., substitute - c. unmanned "aircraft" and related equipment, as follows, and specially designed components therefor: 1. "uavs" remotely piloted air vehicles (rpvs), autonomous programmable vehicles and unmanned "lighter-than-air vehicles"; 2. launchers, recovery equipment and ground support equipment; 3. equipment designed for command and control; . 8 for entry ml10.e.2., substitute - 2. unmanned "aircraft" specified by ml10.c; . 9 for entry ml10.f., excluding the notes to that entry, substitute - f. 'ground equipment' specially designed for "aircraft" specified by ml10.a. or aero-engines specified by ml10.d.; . 10 for entry ml10.h.1., substitute - l. parachutes, other than those which form part of items controlled elsewhere in this schedule; . 11 for entry ml17.o., substitute - o. "laser" protection equipment (e.g. eye and sensor protection) specially designed for military use; . 12 for entry ml17.p., substitute - p. "fuel cells", other than those which form components of items controlled elsewhere in this schedule, specially designed or modified for military use. . mark garnier parliamentary under secretary of state for international trade department for international trade 21st june 2017

part 1 the traffic signs (amendment) (england and wales) regulations 2017 citation and commencement 1 1 this part of this instrument may be cited - a as the traffic signs (amendment) (england and wales) regulations 2017; and b together with part 2, as the traffic signs (amendment) (england and wales) regulations and general directions 2017. 2 these regulations come into force on 13th december 2017. preliminary 2 the traffic signs regulations 2016 have effect in england and wales subject to the amendments in the following provisions of this part of this instrument. amendment of regulation 2 3 in regulation 2(1), omit sub-paragraph (b) (definition of "the 1988 act") and the "and" which precedes it. amendment of schedule 1 4 1 schedule 1 is amended as follows. 2 in the definition of "bus lane", for "indicted", substitute "indicated". 3 after the definition of "refuge for pedestrians" insert - "refuge for pedestrians and cyclists" a part of a road to which vehicles (other than pedal cycles) do not have access and on which pedestrians and cyclists may wait after crossing one part of the carriageway and before crossing the other amendment of schedule 2 5 1 schedule 2 is amended as follows. 2 in the table in part 4, at item 5, for the description in column 2, substitute - vehicles exceeding height indicated in metric and imperial units prohibited from passing under, into or through a bridge, tunnel or other structure . 3 in part 7, in paragraphs 1 and 2, for "the 1988 act", in each case substitute "the road traffic act 1988". amendment of schedule 3 6 1 schedule 3 is amended as follows. 2 in the table in part 2 - a in the heading of the table, in column 5, for "(by reference to an item number in the part 3 sign table)", substitute "(by reference to a paragraph number in part 3)"; b at item 10, for the entry in column 6, substitute "1, 2, 4, 9"; and c at item 27, for the description in column 2, substitute - vehicles exceeding height indicated in metric and imperial units prohibited in circumstances not covered by the description in column 2 of item 5 of the sign table in part 4 of schedule 2 (which relates to bridges, tunnels and other structures) . 3 in part 4 - a in paragraph 1, for "the 1988 act", substitute "the road traffic act 1988"; and b after paragraph 8 insert - 9 the sign is specified for the purposes of column 5 of the entry in schedule 2 to the road traffic offenders act 1988 relating to offences under section 36 of the road traffic act 1988 . amendment of schedule 5 7 in schedule 5, at item 5 of the table in part 3, in column 4 omit "one of - " and the semi colon. amendment of schedule 7 8 1 schedule 7 is amended as follows. 2 in part 3, in paragraph 3, for "the 1988 act", substitute "the road traffic act 1988". 3 in part 6 - a in paragraph 2, for "the symbol at item 12", substitute "the symbol at item 10"; b in paragraph 3 - i for "the symbol at item 12", substitute "the symbol at item 10 of the sign table in part 3 of schedule 4"; ii omit ", subject to the exceptions in paragraph 5,". amendment of schedule 9 9 1 schedule 9 is amended as follows. 2 in the table in part 6, at item 8, in column 3, for each reference to "150", substitute "50". 3 in part 7, in paragraph 9(5)(e), for "item 9 or 10", substitute "item 10 or 11". 4 in part 8, in paragraphs 1(1) and 2, for "the 1988 act", in each case substitute "the road traffic act 1988". amendment of schedule 10 10 1 schedule 10 is amended as follows. 2 in paragraph 1(4) of part 4, for "paragraph (2)(a) to (e)" substitute "sub-paragraph (3)(a) to (e)". amendment of schedule 11 11 1 schedule 11 is amended as follows. 2 in the heading of part 2, for "advisory", substitute "upright". 3 for the heading of part 4, substitute "road markings". 4 in part 5, in paragraph 49, for sub-paragraph (2), substitute - 2 the marking, instead of being placed adjacent to the edge of the carriageway, may be placed adjacent to the marking provided for at item 7 of the sign table in part 6 of schedule 9 when that marking is indicating the boundary of a cycle lane. . 5 in part 6, in the table below paragraph 14, in the entry for d77, for "313.90", substitute "313.30". amendment of schedule 12 12 1 schedule 12 is amended as follows. 2 in part 1, in paragraph 8(b)(i), omit the "or" immediately following "is illuminated". 3 in part 19, in paragraph 10, for "item 20, 22, 23, 24 or 39 to 46", substitute "item 19, 21, 22, 23 or 36 to 43". 4 in the table in part 20, at item 45 - a in column 2, for "(except items 23, 37 and 38)", substitute "(except items 22, 25, 27 and 35)"; b in column 4 - i at paragraph 2, for "item 22", substitute "item 21"; ii at paragraph 3, for "item 27", substitute "item 26"; iii at paragraph 4, for "items 39 to 46", substitute "items 36 to 43". amendment of schedule 13 13 1 schedule 13 is amended as follows. 2 in the table in part 2, at item 3, in column 4, for "2." where it first occurs, substitute "1." 3 in the table in part 6 - a at item 4, in column 4, for "paragraph 2", substitute "paragraph 1"; b at item 5, in column 4 - i at the beginning, insert "1." ii for "paragraph 4", substitute "paragraph 3"; iii at the end, insert - 2 if the optional white reflective strip is not included, the minimum height is 450 ; c at item 15, in column 4, for paragraph 3 substitute - 3 in the bottom panel the distance may be - a varied; b preceded by "for"; ; d at item 37, in column 4, at paragraph 1(i), for "timing", substitute "timings". 4 in part 7, in paragraph 1, for "the 1988 act", substitute "the road traffic act 1988". 5 in part 8, in paragraph 3(a), for "4", substitute "5". amendment of schedule 14 14 1 schedule 14 is amended as follows. 2 in part 1, in paragraph 8(3)(a), for "3 seconds" substitute "not less than 3, and not more than 5, seconds". 3 in the table in part 2 - a at item 44, for the entry in column 5, substitute "1, 2, 10"; b at items 51 and 52, in column 4 of each item - i in paragraph 5, for "central refuge or reservation", substitute "refuge for pedestrians or a central reservation"; ii for paragraph 6 substitute - 6 where a refuge for pedestrians or a central reservation is provided, the following markings may be placed between the zig-zag lines on the approaches to the refuge or reservation - a on a one-way road, the markings provided for at item 27 of the sign table in part 4 of schedule 11 (and shown in the second diagram of that item); or b otherwise, the markings provided for at item 23 of that sign table (and shown in the second diagram of that item) ; c at item 53 - i in column 2, for "1001.5", substitute "diagram 1003.5"; ii in column 4, in paragraph 5, for "central refuge or reservation", substitute "refuge for pedestrians and cyclists or a central reservation"; iii in column 4, for paragraph 6 substitute - 6 where a refuge for pedestrians and cyclists or a central reservation is provided, the following markings may be placed between the zig-zag lines on the approaches to the refuge or reservation - a on a one-way road, the markings provided for at item 27 of the sign table in part 4 of schedule 11 (and shown in the second diagram of that item); or b otherwise, the markings provided for at item 23 of that sign table (and shown in the second diagram of that item) ; d at items 58, 59, 60 and 62, in column 5, in each case omit "8". 4 in part 4, in paragraphs 1 and 2, for "the 1988 act", in each case substitute "the road traffic act 1988". amendment of schedule 15 15 in schedule 15, in part 4, in paragraph 7(2), for "the 1988 act", substitute "the road traffic act 1988". amendment of schedule 17 16 in the heading of schedule 17, for "numeral", substitute "numerals". part 2 the traffic signs (amendment) (england and wales) general directions 2017 citation and commencement 1 1 this part of this instrument may be cited - a as the traffic signs (amendment) (england and wales) general directions 2017; and b together with part 1, as the traffic signs (amendment) (england and wales) regulations and general directions 2017. 2 these general directions come into force on 13th december 2017. amendment of the traffic signs directions 2016 2 1 the traffic signs directions 2016 have effect in england and wales subject to the following amendments. 2 in part 9 of schedule 9, in paragraph 7, for "schedule 2", substitute "schedule 3". 3 in part 4 of schedule 10, in paragraph 1(4), for "paragraph (2)(a) to (e)", substitute "sub-paragraph (3)(a) to (e)". 4 in part 12 of schedule 13 - a in paragraph 9(1)(a), for "the 1988 act", substitute "the road traffic act 1988"; b in paragraph 10, for the words in brackets, substitute "(except that in the case of a sign provided for at item 19 or 21 in the part 6 sign table, the sign may also be placed by the traffic authority)". signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 7th november 2017

citation 1 this order may be cited as the welfare reform act 2012 (commencement no. 9 and 21 and transitional and transitory provisions (amendment)) order 2017. amendment of 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 2 1 with effect from 6th april 2017, 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 is amended as follows. 2 in the opening words of paragraph (1) of article 5a (transitional provision where secretary of state determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker's allowance) , before "and where the amending provisions" insert ", or by virtue of regulation 39 of those regulations (restriction on claims for universal credit during the interim period) ,". 3 in sub-paragraph (e)(ii) of paragraph (1) of article 6 , at the end insert ", or the claim is or would be one to which regulation 39 of those regulations (restriction on claims for universal credit during the interim period) applies". amendment of the welfare reform act 2012 (commencement no. 21 and transitional and transitory provisions) order 2015 3 1 with effect from 6th april 2017, the welfare reform act 2012 (commencement no. 21 and transitional and transitory provisions) order 2015 is amended as follows. 2 in paragraph (11) of article 6 (transitional provision: claims for housing benefit, income support or a tax credit) , after "regulation 4" insert ", or by virtue of regulation 39,". signed by authority of the secretary of state for work and pensions damian hinds minister of state department for work and pensions 28th march 2017

citation and commencement 1 this order may be cited as the civil enforcement of parking contraventions (wokingham borough council) designation order 2017 and comes into force on 9th october 2017. designation of civil enforcement area and special enforcement area 2 the secretary of state designates the area described in the schedule as - a a civil enforcement area for parking contraventions; and b a special enforcement area. signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 6th september 2017

citation, commencement and extent 1 1 these regulations may be cited as the electricity (applications for consent) (amendment) (england and wales) regulations 2017 and come into force on 6th april 2017. 2 these regulations extend to england and wales only. amendment of the electricity (applications for consent) regulations 1990 2 1 the electricity (applications for consent) regulations 1990 are amended as follows. 2 in regulation 11 (fees payable on applications for consent) as it applies in england and wales, the table in paragraph (1) is amended as follows - a in the entry for "overhead line with a nominal capacity not exceeding 132kv", for "200" substitute "402.50"; b in the entry for "overhead line with a nominal capacity exceeding 132kv", for "700" substitute "902.50". jesse norman parliamentary under secretary of state department for business, energy and industrial strategy 20th february 2017

citation and commencement 1 1 this order may be cited as the south lakeland (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 to 5 and schedules 1 to 3 of this order 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 2018. 4 article 6 and schedule 4 of this order 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 england and wales in 2019. interpretation 2 1 in this order, "the map" means the map marked "map referred to in the south lakeland (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 south lakeland and number of councillors 3 1 the existing wards of south lakeland are abolished. 2 the district of south lakeland is divided into 18 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 by the entry in the second column of the table in schedule 1 which relates to that ward. elections of south lakeland district council 4 1 elections of all councillors for each ward of south lakeland are to be held simultaneously on the ordinary day of election of councillors in 2018. 2 the councillors holding office for any ward abolished by article 3(1) immediately before the fourth day after the ordinary day of election of councillors in 2018 are to retire on that fourth day and the newly elected councillors are to come into office on that fourth day. 3 of the councillors elected for a ward in 2018, each is to retire in accordance with the provision made in the table in schedule 2. 4 of the councillors elected in 2018 - a the first to retire is to be the councillor elected by the smallest number of votes; and b the second to retire is to be the councillor elected by the next smallest number of votes. 5 in the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year is to be determined by lot. 6 if an election of councillors for any ward is not contested, the person to retire in each year is to be determined by lot. 7 an election to replace a councillor who is to retire under paragraph (3) is to be held on the ordinary day of election of councillors in the year in which the retirement is due to take place, and any newly elected councillor is to come into office on the fourth day after that day. 8 where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting. wards of the parish of kendal 5 1 the existing wards of the parish of kendal are abolished. 2 the parish of kendal is divided into the ten parish wards listed in the first column of table 1 in schedule 3. 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 for each parish ward is the number specified in relation to that ward in the second column of the table 1 in schedule 3. wards of the parish of windermere 6 1 the existing wards of the parish of windermere are abolished. 2 the parish of windermere is divided into the four parish wards listed in the first column of table 1 in schedule 4. 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 for each parish ward is the number specified in relation to that ward in the second column of table 1 in schedule 4. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 27th november 2017

citation 1 these regulations may be cited as the infrastructure act 2015 (commencement no. 7) regulations 2017. provisions coming into force on 5th april 2017 2 the day appointed for the coming into force of section 27 (two-person panels) of the infrastructure act 2015 is 5th april 2017. gavin barwell minister of state department for communities and local government 8th march 2017

citation and commencement 1 1 this order may be cited as the tees valley combined authority (functions) order 2017. 2 save as provided in paragraph (3) this order comes into force on the day after the day on which it is made. 3 article 5(1) comes into force on 8th may 2017. interpretation 2 in this order - "the 1989 act " means the local government and housing act 1989 ; "the 1999 act " means the greater london authority act 1999 ; "the 2003 act " means the local government act 2003 ; "the 2009 act" means the local democracy, economic development and construction act 2009; "the 2011 act " means the localism act 2011 ; "combined area" means the area of the combined authority ; "combined authority" means the tees valley combined authority; "constituent council" means the councils for the local government areas of darlington, hartlepool, middlesbrough, redcar and cleveland and stockton-on-tees. " corporation " means a corporation established by the secretary of state in accordance with the provisions in section 198 of the 2011 act following the designation of an area of land by the combined authority; and "mayor" means the mayor for the combined area except in the term "the mayor of london". conferral of functions on the combined authority 3 1 the combined authority shall have in relation to the combined area functions corresponding to the following functions contained in the provisions in the 2011 act, that the mayor of london has in relation to greater london - a section 197 (designation of mayoral development areas); b section 199 (exclusion of land from mayoral development areas); c section 200 (transfers of property etc to a mayoral development corporation); d section 202 (functions in relation to town and country planning); e section 204 (removal or restriction of planning functions); f section 214 (powers in relation to discretionary relief from non-domestic rates); g section 215 (reviews); h section 216 (transfers of property, rights and liabilities); i section 217 (dissolution: final steps); j section 219 (guidance by the mayor); k section 220 (directions by the mayor); l section 221 (consents); m paragraph 1 of schedule 21 (membership); n paragraph 2 of schedule 21 (terms of appointment of members); o paragraph 3 of schedule 21 (staff); p paragraph 4 of schedule 21 (remuneration etc: members and staff); q paragraph 6 of schedule 21 (committees); and r paragraph 8 of schedule 21 (proceedings and meetings). 2 the exercise by the combined authority of the functions corresponding to the functions contained in section 197 (designation of mayoral development areas) of the 2011 act requires the consent of all members of the combined authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be designated as a mayoral development area. 3 the exercise by the combined authority of the functions corresponding to the functions contained in section 199 (exclusion of land from mayoral development areas) of the 2011 act in respect of any mayoral development area requires the consent of all members of the combined authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be excluded from a mayoral development area. 4 the exercise by the combined authority of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 act (functions in relation to town and country planning) in respect of any mayoral development area requires the consent of - a the north york moors national park authority, if the combined authority proposes to exercise the functions in respect of the whole or any part of the area of the north york moors national park authority ; b each member of the combined authority appointed by a constituent council, or a substitute member acting in place of that member, whose local government area contains the whole or any part of the area in respect of which the combined authority proposes to exercise the functions. 5 for the purposes of paragraphs (2), (3) and (4)(b), the consent must be given at a meeting of the combined authority. application of provisions in the 2011 act 4 1 chapter 2 of part 8 of the 2011 act (mayoral development corporations) applies to the combined authority as it applies in relation to the mayor of london, with the modifications made by the schedule. 2 chapter 2 of part 8 of the 2011 act applies to a corporation as it applies in relation to a mayoral development corporation, with the modifications made by the schedule. 3 subject to paragraph (7), in any enactment passed or made on or before the date on which article 1(2) comes into force - a any reference to a mayoral development corporation; or b any reference which falls to be read as a reference to a mayoral development corporation, is to be treated as including a reference to a corporation. 4 for the purposes of any transfer scheme under any provisions of the 2011 act applied with modifications by this order, paragraph 9 of schedule 24 to the 2011 act (transfers under scheme under section 200(1) or (4) or 216(1)) applies in relation to - a any property, rights or liabilities transferred to or from a corporation in accordance with a transfer scheme; or b anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a corporation in accordance with such a transfer scheme, as it applies in relation to a mayoral development corporation. 5 for the purposes of establishing a corporation, giving the corporation a name, giving effect to any decisions notified to the secretary of state under sections 199(4) (exclusion of land from mayoral development areas), 202(8) (decisions about planning functions) or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 act or in relation to the transfer of land to or from a corporation under any provision of the 2011 act, applied with modifications by this order, the provisions in section 235 of the 2011 act (orders and regulations) apply in relation to - a the power of a minister of the crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a mayoral development corporation) of that act; and b the power of the treasury to make regulations under paragraph 9(2) of schedule 24 to that act, as they apply in relation to the establishment of a mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the secretary of state under sections 199(4), 202(8) or 214(6) of the 2011 act or in relation to the transfer of land to or from a mayoral development corporation. 6 in this article "transfer scheme" means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 act. 7 paragraph (3) does not apply to - a paragraph 9(8)(a) of schedule 2 to the channel tunnel rail link act 1996 (works: further and supplementary provisions) ; b section 31(1a) of the 1999 act (limits of the general power) ; c section 38 of the 1999 act (delegation) ; d section 60a(3) of the 1999 act (confirmation hearings etc for certain appointments by the mayor) ; e section 68(6) of the 1999 act (disqualification and political restriction) ; f section 73 of the 1999 act (monitoring officer) ; g section 424 of the 1999 act (interpretation) ; h section 24(4) of the planning and compulsory purchase act 2004 (conformity with spatial development strategy) ; and i paragraph 8(8)(a) of schedule 2 to the crossrail act 2008 (works: further and supplementary provisions) . functions exercisable only by the mayor 5 1 the functions conferred by article 3(1) shall be general functions exercisable only by the mayor . 2 anything which, immediately before 8th may 2017, is in the process of being done by or in relation to the combined authority or by or in relation to a constituent council for the purposes of or in connection with the functions mentioned in article 3(1) is to be treated as having been done by or in relation to the mayor. incidental provisions 6 the following provisions of the 1989 act shall apply in relation to a corporation as if it were a local authority - a section 1 (disqualification and political restriction of certain officers and staff) ; and b sections 2 and 3a (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section. 7 section 5 of the 1989 act (designation and reports of monitoring officer) shall apply in relation to the combined authority as if a corporation were a committee of the authority. 8 section 32 of the 2003 act shall apply in relation to expenditure of a corporation but as if - a each reference to a functional body were a reference to a corporation; b each reference to the greater london authority were a reference to the combined authority; c each reference to the mayor of london were a reference to the mayor; and d subsection (7) were omitted. transitional provisions 9 1 until 8th may 2017 the functions conferred by article 3(1) shall be exercised only by the chairman of the combined authority . 2 anything which, immediately before the day on which article 3(1) comes into force is in the process of being done by or in relation to the combined authority or by or in relation to a constituent council for the purposes of or in connection with the functions mentioned in article 3(1) is to be treated as having been done by or in relation to the chairman of the combined authority. 3 before the chairman of the combined authority designates an area of land, under functions corresponding to the functions contained in section 197 of the 2011 act, the chairman must refer the proposal to one of the combined authority's overview and scrutiny committees for consideration. 4 before an area of land is designated as a mayoral development area the chairman of the combined authority must have regard to any report or recommendation made by any of the combined authority's overview and scrutiny committees. funding 10 1 the constituent councils must ensure that the costs of the combined authority reasonably attributable to the exercise of the functions mentioned in article 3 are met. 2 subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the mayor in, or in connection with, the exercise of the functions specified in article 3, to the extent that the mayor has not decided to meet these costs from other resources available to the combined authority. 3 any amount payable by each of the constituent councils to ensure that the costs of the combined authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning the costs of the combined authority referred to in paragraph (1) between the constituent councils in such proportions as they may agree or, in default of such agreement, in the following shares between the constituent councils - darlington 15.80% hartlepool 14.67% middlesbrough 20.89% redcar and cleveland 20.97% stockton-on-tees 27.67%. 4 in relation to the expenditure mentioned in paragraph (2) - a to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3) - i the mayor must agree with the combined authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and ii in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred; b any precept issued in relation to such expenditure under section 40 of the local government finance act 1992 (issue of precepts by major precepting authorities) is to be disregarded from any calculation of the costs of the expenditure. 5 for the purposes of this article the relevant date in relation to a payment for a financial year is 30th june in the financial year which commenced two years prior to the financial year in which such payment is made. signed by authority of the secretary of state for communities and local government bourne of aberystwyth parliamentary under secretary of state department for communities and local government 2nd march 2017

citation and commencement 1 these regulations may be cited as the contracting-out (transfer and transfer payment) (amendment) regulations 2017 and come into force on 3rd july 2017. amendment of the contracting-out (transfer and transfer payment) regulations 1996 2 1 the contracting-out (transfer and transfer payment) regulations 1996 are amended as follows. 2 in regulation 1(2) (interpretation) insert at the appropriate places - "assessment period" has the meaning given in section 132 of the pensions act 2004 (assessment periods) ; ; and "regulated apportionment arrangement" has the meaning given in regulation 2(1) of the occupational pension schemes (employer debt) regulations 2005 (interpretation) ; . 3 in regulation 2 (general) - a in paragraph (3), for "or 4" substitute ", 4 or 6a"; b after paragraph (3) insert - 3a a transfer payment from an occupational pension scheme in respect of the payment of guaranteed minimum pensions to or in respect of a person who has become entitled to them may be made in accordance with regulation 6a and no such transfer payment may be made otherwise. ; c in paragraph (4), for "6" substitute "6a" and after "in respect of" insert "the payment of guaranteed minimum pensions or a payment in respect of". 4 in part 2, after regulation 6 (transfer payments in respect of guaranteed minimum pensions to overseas schemes), insert - transfers in respect of guaranteed minimum pensions in the case of a regulated apportionment arrangement or where an assessment period has commenced 6a 1 this regulation applies in relation to an occupational pension scheme where - a there is an assessment period in relation to the scheme; or b a regulated apportionment arrangement has been entered into in relation to the scheme. 2 a transfer of liability for, or a transfer payment in respect of, the payment of guaranteed minimum pensions to or in respect of a person who has become entitled to them may be made from an occupational pension scheme to which this regulation applies ("the transferring scheme") to an occupational pension scheme which is not an overseas scheme or overseas arrangement ("the receiving scheme") if the person to whom the pension is payable - a consents to the transfer in writing; b acknowledges in writing to the transferring scheme the receipt of a statement showing the benefits to be awarded in respect of the transfer; and c acknowledges in writing to the transferring scheme the person's acceptance that - i the benefits to be provided by the receiving scheme may be in a different form and of a different amount to those which would have been provided by the transferring scheme; and ii there is no statutory requirement on the receiving scheme to provide for survivor's benefits in relation to the transfer. . 5 in regulation 7 (general) - a in paragraph (2)(b), after "regulation 9" insert "or a transfer in accordance with regulation 11a"; b after paragraph (2) insert - 2a a transfer payment from an occupational pension scheme that was a salary-related contracted-out scheme in respect of the payment of pensions under that occupational pension scheme deriving from section 9(2b) rights to or in respect of a person who has become entitled to them may be made in accordance with regulation 11a and no such transfer payment may be made otherwise. ; c in paragraph (3) for "11" substitute "11a" and after "paragraph (1)" insert "or a payment in respect of pensions deriving from section 9(2b) rights such as is referred to in paragraph (2a)". 6 in part 3, after regulation 11 (transfer payments to overseas schemes or arrangements in respect of section 9(2b) rights) insert - transfers in respect of section 9(2b) rights in the case of a regulated apportionment arrangement or where an assessment period has commenced 11a 1 this regulation applies in relation to an occupational pension scheme that was a salary-related contracted-out scheme where - a there is an assessment period in relation to the scheme; or b a regulated apportionment arrangement has been entered into in relation to the scheme. 2 a transfer of liability for, or a transfer payment in respect of, the payment of pensions deriving from section 9(2b) rights to or in respect of a person who has become entitled to them may be made from an occupational pension scheme to which this regulation applies ("the transferring scheme") to an occupational pension scheme which is not an overseas scheme or overseas arrangement ("the receiving scheme") if the person to whom the pension is payable - a consents to the transfer in writing; b acknowledges in writing to the transferring scheme the receipt of a statement showing the benefits to be awarded in respect of the transfer; and c acknowledges in writing to the transferring scheme the person's acceptance that - i the benefits to be provided by the receiving scheme may be in a different form and of a different amount to those which would have been provided by the transferring scheme; and ii there is no statutory requirement on the receiving scheme to provide for survivor's benefits in relation to the transfer. . signed by authority of the secretary of state for work and pensions richard harrington parliamentary under secretary of state department for work and pensions 26th april 2017 at 10:00 a.m.

citation, commencement and extent 1 1 these regulations may be cited as the communications act 2003 and the digital economy act 2017 (consequential amendments to secondary legislation) regulations 2017 and come into force on the day on which section 4 of, and schedule 1 to, the digital economy act 2017 come fully into force. 2 these regulations do not extend to the channel islands or the isle of man. 3 subject to paragraph (2), any amendment by these regulations of an enactment has the same extent as the enactment specified. amendments 2 1 the amendments to legislation made under the light railways act 1896 and the transport and works act 1992 specified in schedule 1 have effect. 2 the amendments to road traffic legislation specified in schedule 2 have effect. 3 the amendments to planning legislation specified in schedule 3 have effect. 4 the amendments to other secondary legislation specified in schedule 4 have effect. signed by authority of the secretary of state for digital, culture, media and sport matt hancock minister of state department for digital, culture, media and sport 18th october 2017

citation and commencement 1 these regulations may be cited as the social security (qualifying young persons participating in relevant training schemes) (amendment) regulations 2017 and come into force on 6th november 2017. amendment of the jobseeker's allowance regulations 1996 2 in regulation 1(3) of the jobseeker's allowance regulations 1996 (interpretation) , in paragraph (a)(ii) of the definition of "traineeship" for "skills funding" substitute "education and skills funding". amendment of the employment and support allowance regulations 2008 3 1 the employment and support allowance regulations 2008 are amended as follows. 2 in regulation 2(1) (interpretation) , in the appropriate place insert - "traineeship" means a course which - is funded (in whole or in part) by, or under arrangements made by, the - secretary of state under section 14 of the education act 2002, or chief executive of education and skills funding; lasts for no more than 6 months; includes training to help prepare the participant for work and a work experience placement, and is open to persons who on the first day of the course have reached the age of 16 but not the age of 25; . 3 in regulation 14 (meaning of education) , after paragraph (2a) insert - 2b paragraph (2) does not apply to a traineeship. . 4 in regulation 15 (claimants to be treated as receiving education) - a regulation 15 becomes paragraph (1) of that regulation; b in paragraph (1) after the words "regulation 18" insert "and paragraph (2)"; c after paragraph (1) insert - 2 a qualifying young person is not to be treated as receiving education if they are participating in a traineeship. . amendment of the universal credit regulations 2013 4 1 the universal credit regulations 2013 are amended as follows. 2 in regulation 12 of (meaning of "receiving education") - a in paragraph (1a) for "traineeship" substitute "relevant training scheme"; b in paragraph (1b) - i before the definition of "traineeship" insert - "relevant training scheme" means - a traineeship, or a course or scheme which - comprises education or training designed to assist a claimant to gain the skills needed to obtain paid work (or more paid work or better-paid work); is attended by a claimant falling within section 22 of the act as a work preparation requirement or as voluntary work preparation, and the claimant has been referred to by the secretary of state; ; ii in paragraph (a)(ii) of the definition of "traineeship", for "skills funding" substitute "education and skills funding". 3 in regulation 87 (references to paid work) for the words "better paid work" substitute "better-paid work". amendment of the jobseeker's allowance regulations 2013 5 in regulation 45(1a) of the jobseeker's allowance regulations 2013 (relevant education) , in paragraph (a)(ii) of the definition of "traineeship" for "skills funding" substitute "education and skills funding". saving in relation to regulation 4 6 1 the amendments made by regulation 4(1), (2)(a), (2)(b)(i) and (3) of these regulations do not apply to an award of universal credit unless it is an award falling within sub-paragraphs (a) to (d) of regulation 5(1) (saving) of the universal credit (digital service) amendment regulations 2014 . signed by authority of the secretary of state for work and pensions damian hinds minister of state department for work and pensions 11th october 2017

part 1 preliminary matters citation and commencement 1 these regulations may be cited as the ministry of defence police (conduct, performance and appeals tribunals) (amendment) regulations 2017 and come into force on 1st march 2017. part 2 amendment of the ministry of defence police (conduct etc. ) regulations 2015 introductory 2 the ministry of defence police (conduct etc.) regulations 2015 are amended in accordance with this part. amendment of regulation 3 3 1 regulation 3 (interpretation) is amended as follows. 2 in paragraph (1) - a omit the definition of "the 2013 order"; b omit the definition of "alternative police force"; c after the definition of "the commission", insert - "the commissioner" means the officer known as the police investigations and review commissioner, established under section 33 of the police, public order and criminal justice (scotland) act 2006 ; ; d for the definition of "complainant", substitute - "complainant" means a person who makes a complaint, or on behalf of whom a complaint is made, where that complaint is being or has been investigated under external procedures; ; e for the definition of "complaint", substitute - "complaint" means an expression of dissatisfaction about the conduct of an mdp officer; ; f in the definition of "document", omit "or images"; g in the definition of "external procedures" - i in sub-paragraph (a), for "article 3 of the 2013 order" substitute "an agreement made under section 26(1) of the 2002 act" ; ii after the end of sub-paragraph (b), insert "or"; iii after sub-paragraph (b), insert - c procedures - i established with the commissioner in accordance with an agreement under article 4 of the police, public order and criminal justice (scotland) act 2006 (consequential provisions and modifications) order 2007 ; ii established with the commissioner in accordance with an agreement under article 3(5) of the police and fire reform (scotland) act 2012 (consequential provisions and modifications) order 2013 ; or iii which apply where the commissioner has been directed to investigate by an appropriate prosecutor, and for this purpose "appropriate prosecutor" has the meaning given by section 47 of the police, public order and criminal justice (scotland) act 2006 ; ; h for the definition of "interested person", substitute - "interested person" means any person who the commission or a relevant authority consider to have an interest in being kept informed about the handling of a complaint under external procedures, where that person has given consent to being kept so informed; ; i in the definition of " mod police committee", for "ministry of defence police act 1987" substitute "1987 act"; j in the appropriate places, insert - "the 1987 act " means the ministry of defence police act 1987; ; "relevant authority" has the meaning given in section 4(4) of the 1987 act; ; "relevant force" has the meaning given in section 2b(3) of the 1987 act ; ; "relevant lawyer" has the meaning given in section 4(4) of the 1987 act; . 3 after paragraph (2), insert - 3 for the purposes of these regulations, the making by an mdp officer of a protected disclosure is not a breach of the standards of professional behaviour, and for this purpose "protected disclosure" has the meaning given by section 43a of the employment rights act 1996 . . amendment of regulation 4 4 1 regulation 4 (the harm test) is amended as follows. 2 in paragraph (1) - a for "are", substitute "is"; b for sub-paragraph (c), substitute - c necessary for the purpose of the prevention or detection of crime, or the apprehension or prosecution of offenders; ; c for sub-paragraph (d), substitute - d necessary for the purpose of the prevention or detection of misconduct by - i other mdp officers; ii persons under the direction and control of the chief constable; iii persons under the direction and control of a chief officer of a relevant force, or their apprehension for such matters; . amendment of regulation 5 5 in regulation 5(1) (conduct matters) - a after the end of sub-paragraph (a), insert "or"; b omit sub-paragraphs (c) and (d). amendment of regulation 7 6 1 regulation 7 (written warnings) is amended as follows. 2 in paragraph (2), for ""extended special unpaid leave"" to the end, substitute "extended special unpaid leave". 3 after paragraph (2), insert - 3 in paragraph (2), "extended special unpaid leave" means a period of more than 3 months' unpaid leave which the secretary of state has agreed may be taken by the officer concerned. . amendment of regulation 10 7 in regulation 10(1)(b) (police friend and legal representation), for "an alternative police force" substitute "a relevant force". insertion of regulation 24a 8 after regulation 24 (withdrawal of case), insert - national security: power to give directions in relation to misconduct hearings 24a 1 if the secretary of state considers it expedient in the interests of national security, the secretary of state may give a direction ("the direction"), in writing, in relation to a misconduct hearing, relating to one or more of the following matters - a that all or part of the hearing must be conducted in private; b that a specified person must be excluded from all or part of the hearing; c that steps must be taken to conceal the identity of a witness; d that specified information must be excluded from any notice published under regulation 30a (notification of misconduct hearings) or 40a (publication of information in relation to outcome). 2 the secretary of state must provide the direction (or a copy of it) to the relevant authority as soon as possible. 3 following receipt of the direction, the relevant authority must supply a copy of it to the person conducting or chairing the hearing as soon as possible. 4 the person conducting or chairing the hearing must comply with the direction. . amendment of regulation 29 9 in regulation 29 (persons conducting misconduct proceedings: officers other than senior officers), for paragraph (4)(a) substitute - a a chair selected by the relevant authority from a list of persons who satisfy the judicial-appointment eligibility condition on a 5-year basis and have been nominated by the secretary of state for the purposes of these regulations; . amendment of regulation 30 10 in regulation 30 (persons conducting misconduct proceedings: senior officers), for paragraph (3)(a) substitute - a a chair selected by the relevant authority from a list of persons who satisfy the judicial-appointment eligibility condition on a 7-year basis and have been nominated by the secretary of state for the purposes of these regulations; . insertion of regulation 30a 11 after regulation 30, insert - notification of misconduct hearings 30a 1 the person ("the chair") chairing a misconduct hearing may require notice of the hearing to be published which contains information relating to one or more of the matters in paragraph (6). 2 before requiring notice to be published under paragraph (1), the chair must - a specify the date ("the specified date") by which written representations under paragraph (4) must be provided; b inform the relevant authority of the specified date; and c consider any representations made under paragraph (4). 3 the relevant authority, having been informed of the specified date, must without delay inform the persons in paragraph (5)(a) and (c) to (f) of the specified date in writing. 4 a person mentioned in paragraph (5) may make written representations to the chair in relation to - a whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 35(6)(a); b whether the chair should impose any conditions under regulation 35(6)(b); and c whether the chair should require notice to be published under paragraph (1) and, if so, which information relating to the matters in paragraph (6) should be included in any such notice. 5 the persons are - a the officer concerned; b the relevant authority; c the complainant; d any interested person; e any witness; f if the case was investigated under external procedures, the commission or the ombudsman. 6 the matters referred to in paragraphs (1) and (4)(c) are - a the name of the officer concerned; b the date of the hearing; c the time of the hearing; d the place at which the hearing will take place; e the conduct that is the subject matter of the case and how that conduct is alleged to amount to misconduct or gross misconduct, as set out in the notice given in accordance with regulation 25(1)(a). 7 if the chair requires notice to be published in accordance with paragraph (1), the relevant authority must publish the notice on its website at least 5 working days before the day on which the hearing is to begin and, once published, it must remain there until the conclusion of the hearing. . amendment of regulation 34 12 1 regulation 34 (attendance of complainant or interested person at misconduct proceedings) is amended as follows. 2 for paragraphs (3) and (4), substitute - 3 subject to regulations 35(6) and (7) and 36, a complainant or interested person may attend a misconduct meeting as an observer. 4 subject to regulations 35(6) and (7) and 36, a complainant or interested person may be accompanied to a misconduct meeting by one other person, and if the complainant or the interested person has a special need, by one further person to accommodate that need. . 3 omit paragraphs (5) and (6). substitution of regulation 35 13 for regulation 35 (attendance of others at misconduct proceedings), substitute - attendance of others at misconduct proceedings 35 1 subject to regulations 33 and 34 and paragraphs (3) to (7), a misconduct meeting must be held in private. 2 subject to paragraphs (6) and (7) and regulation 36, a misconduct hearing must be held in public. 3 a person nominated by the commission or the ombudsman may attend a misconduct meeting which arises from a case which has been investigated under external procedures as an observer. 4 unless expressly authorised by the person conducting or chairing a misconduct meeting, a witness, other than a witness who is also a complainant, an interested person or the officer concerned, may only attend the meeting for the purpose of giving evidence. 5 the person conducting or chairing a misconduct meeting may permit a witness in the meeting to be accompanied by one other person at that meeting. 6 the person conducting or chairing the misconduct proceedings may - a exclude from the whole or a part of the proceedings any person who would otherwise be entitled to attend the proceedings by virtue of regulation 34 or this regulation; and b in order to facilitate the proper conduct of those proceedings, impose conditions relating to the attendance at the proceedings of any person who is entitled to attend the proceedings by virtue of regulation 34 or this regulation. 7 if a person is to give evidence as a witness in misconduct proceedings, the witness, and any person accompanying the witness, must not attend the proceedings before the witness is called to give evidence. . amendment of regulation 38 14 1 regulation 38 (senior officers: meeting of mod police committee to consider disciplinary action) is amended as follows. 2 in the heading, for "meeting" substitute "further meeting or further hearing". 3 for paragraph (3), substitute - 3 on receiving a report under paragraph (1), the mod police committee must - a in a case where the report was submitted following a misconduct meeting, hold a further meeting; or b in a case where the report was submitted following a misconduct hearing, hold a further hearing, for the purpose of considering what disciplinary action (if any) should be imposed. . 4 for paragraph (4), substitute - 4 the provisions of these regulations specified in paragraph (6) apply, with the modifications specified in paragraph (7) - a where those provisions relate to misconduct meetings, to a further meeting held under paragraph (3)(a) as if it were a misconduct meeting; b where those provisions relate to misconduct hearings, to a further hearing held under paragraph (3)(b) as if it were a misconduct hearing. . 5 in paragraph (5), for "meeting" substitute "further meeting or further hearing". 6 in paragraph (6) - a after sub-paragraph (c), insert - ca regulation 24a(4) (national security: power to give directions in relation to misconduct hearings); ; b after sub-paragraph (f), insert - fa regulation 30a (notification of misconduct hearings); . 7 in paragraph (7) - a in sub-paragraph (a), omit "the chair of"; b in sub-paragraph (b), omit the "and" at the end; c after sub-paragraph (c), insert - d in regulation 30a - i paragraph (2)(b) is omitted; ii in paragraph (3), ", having been informed of the specified date," is omitted; iii paragraph (5)(b) is omitted. . amendment of regulation 39 15 in regulation 39 (outcome of misconduct proceedings), in paragraph (2), for "meeting" substitute "further meeting or further hearing". amendment of regulation 40 16 1 regulation 40 (notification of outcome) is amended as follows. 2 in paragraph (2), for "meeting" substitute "further meeting or further hearing". 3 after paragraph (4), insert - 5 if the disciplinary action imposed as a result of the misconduct proceedings is dismissal (whether with or without notice), the relevant authority must send a copy of the written information provided to the officer concerned in accordance with paragraph (1) or (2) to the college of policing. . insertion of regulation 40a 17 after regulation 40, insert - publication of information in relation to outcome 40a 1 the person ("the chair") chairing a misconduct hearing, other than a further hearing under regulation 38(3)(b), may, having taken into account any representations made under regulation 30a or during the misconduct hearing, require the relevant authority to publish a notice containing information relating to one or more of the matters in paragraph (3), and the relevant authority must comply with any such requirement. 2 in relation to a further hearing under regulation 38(3)(b), the relevant authority may, having taken into account any representations made under regulation 30a or during the further hearing, publish a notice during the notification period containing information relating to one or more of the matters in paragraph (3). 3 the matters referred to in paragraphs (1) and (2) are - a the name of the officer concerned; b the conduct that was the subject matter of the case and how that conduct was alleged to amount to misconduct or gross misconduct, as set out in the notice given in accordance with regulation 25(1)(a); c the finding as a result of the hearing or the further hearing; d any disciplinary action imposed. 4 a notice under paragraph (1) or (2) must be published on the relevant authority's website during the notification period and, once published, it must remain there for a period of at least 28 days. 5 in paragraph (4), "the notification period" is the period from the beginning of the 7th working day after the date on which the misconduct hearing or the further hearing under regulation 38(3)(b) concluded, until the end of the 12th working day after that date. . amendment of regulation 43 18 in regulation 43 (appeal meeting), in paragraph (4)(b), for "35(2)" substitute "35(3)". amendment of regulation 44 19 in regulation 44 (procedure and finding of the appeal), in paragraph (8), for "35(2)" substitute "35(3)". insertion of regulation 45a 20 after regulation 45 (referral of case to special case hearing), insert - national security: power to give directions in relation to special case hearings 45a 1 if the secretary of state considers it expedient in the interests of national security, the secretary of state may give a direction ("the direction"), in writing, in relation to a special case hearing, relating to one or more of the following matters - a that all or part of the hearing must be conducted in private; b that a specified person must be excluded from all or part of the hearing; c that steps must be taken to conceal the identity of a witness; d that specified information must be excluded from any notice published under regulation 52a (notification of special case hearings) or 60(a) (publication of information in relation to outcome). 2 the secretary of state must provide the direction (or a copy of it) to the relevant authority as soon as possible. 3 following receipt of the direction, the relevant authority must supply a copy of it to the person conducting or chairing the hearing as soon as possible. 4 the person conducting or chairing the hearing must comply with the direction. . amendment of regulation 48 21 1 regulation 48 (notice of special case hearing) is amended as follows. 2 in paragraph (3), omit ", or to nominate a person to attend the hearing as an observer (regulation 56(2) or (3)),". 3 after paragraph (3), insert - 4 in any special case hearing arising from a case which has been investigated under external procedures, the relevant authority must notify the complainant and all interested persons of the date, time and place of the special case hearing. . amendment of regulation 50 22 1 regulation 50 (person conducting special case hearing: officers other than senior officers) is amended as follows. 2 in paragraph (2), for "3" substitute "(3)". 3 in paragraph (3), for "an alternative police force" substitute "a relevant force". amendment of regulation 51 23 in regulation 51 (persons conducting special case hearing: senior officers), for paragraph (2)(a) substitute - a a chair selected by the relevant authority from a list of persons who satisfy the judicial-appointment eligibility condition on a 7-year basis and have been nominated by the secretary of state for the purposes of these regulations; . insertion of regulation 52a 24 after regulation 52 (documents to be supplied), insert - notification of special case hearings 52a 1 the person ("the chair") conducting or chairing a special case hearing may require notice of the hearing to be published which contains information relating to one or more of the matters in paragraph (6). 2 before requiring notice to be published under paragraph (1), the chair must - a specify the date ("the specified date") by which written representations under paragraph (4) must be provided; b inform the relevant authority of the specified date; and c consider any representations made under paragraph (4). 3 the relevant authority, having been informed of the specified date, must without delay inform the persons in paragraph (5)(a) and (c) to (f) of the specified date in writing. 4 a person mentioned in paragraph (5) may make written representations to the chair in relation to - a whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 56(2)(a); b whether the chair should impose any conditions under regulation 56(2)(b); and c whether the chair should require notice to be published under paragraph (1) and, if so, which information relating to the matters in paragraph (6) should be included in any such notice. 5 the persons are - a the officer concerned; b the relevant authority; c the complainant; d any interested person; e any witness; f if the case was investigated under external procedures, the commission or the ombudsman. 6 the matters referred to in paragraphs (1) and (4)(c) are - a the name of the officer concerned; b the date of the hearing; c the time of the hearing; d the place at which the hearing will take place; e the conduct that is the subject matter of the case and how that conduct is alleged to amount to gross misconduct, as set out in the notice given in accordance with regulation 46(2). 7 if the chair requires notice to be published under paragraph (1), the relevant authority must publish the notice on its website at least 5 working days before the day on which the hearing is to begin and, once published, it must remain there until the conclusion of the hearing. . revocation of regulation 55 25 regulation 55 (attendance of complainant and interested persons at special case hearing) is revoked. substitution of regulation 56 26 for regulation 56 (attendance of others at special case hearing), substitute - attendance of others at special case hearing 56 1 subject to paragraph (2), a special case hearing must be held in public. 2 the person conducting or chairing the special case hearing may - a exclude from the whole or a part of the hearing any person who would otherwise be entitled to attend the hearing by virtue of paragraph (1); and b in order to facilitate the proper conduct of the hearing, impose conditions relating to the attendance at the hearing of any person who is entitled to attend the hearing by virtue of paragraph (1). 3 if a person is to give evidence as a witness in a special case hearing, the witness, and any person accompanying the witness, must not attend the hearing before the witness is called to give evidence. . amendment of regulation 58 27 1 regulation 58 (senior officers: meeting of mod police committee to consider disciplinary action) is amended as follows. 2 in the heading, for "meeting" substitute "further hearing". 3 in paragraph (3), for "meet" substitute "hold a further hearing". 4 in paragraph (4), for "meeting" substitute "further hearing". 5 after paragraph (4), insert - 4a the mod police committee may appoint a person (who may be a relevant lawyer) to advise it at the further hearing. . 6 in paragraph (5) - a after sub-paragraph (c), insert - ca regulation 45a(4) (national security: power to give directions in relation to special case hearings); ; b in sub-paragraph (d), for "and (3)" substitute ", (3) and (4)"; c after sub-paragraph (d), insert - da regulation 52a (notification of special case hearings); ; d omit sub-paragraph (g). 7 in paragraph (6) - a in sub-paragraph (a) - i omit "the chair of"; and ii omit the "and" at the end; b after sub-paragraph (b), insert - c in regulation 52a - i paragraph (2)(b) is omitted; ii in paragraph (3), ", having been informed of the specified date," is omitted; iii paragraph (5)(b) is omitted. . amendment of regulation 59 28 in regulation 59 (outcome of special case hearing), in paragraph (8)(a) after "special" insert "case". amendment of regulation 60 29 1 regulation 60 (notification of outcome) is amended as follows. 2 in paragraph (1)(c), for "meeting" substitute "further hearing". 3 in paragraph (2), omit "(senior officers: meeting of mod police committee to consider disciplinary action)". 4 in paragraph (4)(b), for "to which regulation 55 applies" substitute "which has been investigated under external procedures". 5 after paragraph (4) insert - 5 if the disciplinary action imposed as a result of the special case hearing or the further hearing under regulation 58(3) is dismissal (whether with or without notice), the relevant authority must send a copy of the written information provided to the officer concerned in accordance with paragraph (1) or (2) to the college of policing. . insertion of regulation 60a 30 after regulation 60, insert - publication of information in relation to outcome 60a 1 the person ("the chair") chairing a special case hearing, other than a further hearing under regulation 58(3), may, having taken into account any representations made under regulation 52a or during the hearing, require the relevant authority to publish a notice containing information relating to one or more of the matters in paragraph (3), and the relevant authority must comply with any such requirement. 2 in relation to a further hearing under regulation 58(3), the relevant authority may, having taken into account any representations made under regulation 52a or during the further hearing, publish a notice containing information relating to one or more of the matters in paragraph (3). 3 the matters referred to in paragraphs (1) and (2) are - a the name of the officer concerned; b the conduct that was the subject matter of the case and how that conduct was alleged to amount to gross misconduct, as set out in the notice given in accordance with regulation 46(2); c the finding as a result of the hearing or the further hearing under regulation 58(3); d any disciplinary action imposed. 4 a notice under paragraph (1) or (2) must be published on the relevant authority's website during the notification period and, once published, it must remain there for a period of at least 28 days. 5 in paragraph (4), "the notification period" is the period from the beginning of the 7th working day after the date on which the special case hearing or the further hearing under regulation 58(3) concluded, until the end of the 12th working day after that date. . revocation of paragraph 3 of schedule 3 31 in schedule 3 (amendments of the performance regulations), omit paragraph 3. part 3 amendment of the ministry of defence police (performance) regulations 2012 introductory 32 the ministry of defence police (performance) regulations 2012 are amended in accordance with this part. amendment of regulation 4 33 1 regulation 4(1) (interpretation) is amended as follows. 2 omit the definition of "the 2013 order". 3 omit the definition of "alternative police force". 4 in the definition of "external procedures", for "article 3 of the 2013 order" substitute "an agreement made under section 26(1) of the police reform act 2002". 5 after the definition of "police officer", insert - "relevant force" has the meaning given in section 2b(3) of the 1987 act; . 6 omit the definition of "senior officer of an alternative police force". amendment of regulation 5 34 in regulation 5(1)(b) (police friend), for "an alternative police force" substitute "a relevant force". amendment of regulation 11 35 1 regulation 11 (suspension of certain periods) is amended as follows. 2 in paragraph (1), for "leave under the ministry of defence statement of civilian personnel policy extended special unpaid leave" substitute "extended special unpaid leave". 3 after paragraph (2), insert - 3 in paragraph (1), "extended special unpaid leave" means a period of more than 3 months' unpaid leave which the secretary of state has agreed may be taken by the officer concerned. . amendment of regulation 30 36 1 regulation 30 (appointment of panel members) is amended as follows. 2 in paragraph (3), for "an alternative police force" substitute "a relevant force". 3 in paragraph (4), for "an alternative police force" substitute "a relevant force". part 4 amendment of the ministry of defence police appeals tribunals regulations 2009 introductory 37 the ministry of defence police appeals tribunals regulations 2009 are amended in accordance with this part. amendment of regulation 3 38 1 regulation 3(1) (interpretation) is amended as follows. 2 omit the definition of "the 1998 act". 3 omit the definition of "the 2013 order". 4 in the definition of "chair" - a for "5(3)" substitute "5(2)"; b for "22" substitute "22a". 5 move the definition of "head of hr" to the appropriate place in the alphabetical order. 6 in the definition of "head of hr" (as so moved to the appropriate place), for "ministry of defence" substitute "mod". 7 move the definition of "relevant decision" to the appropriate place in the alphabetical order. 8 in the definition of "specified appeal", in sub-paragraph (a), for "article 3 of the 2013 order" substitute "an agreement made under section 26(1) of the 2002 act". amendment of regulation 5 39 1 regulation 5 (appointment and composition of police appeals tribunal) is amended as follows. 2 for paragraph (2)(a), substitute - a a chair selected from a list of persons who satisfy the judicial-appointment eligibility condition on a 7-year basis and have been nominated by the secretary of state for the purposes of these regulations; . 3 in paragraph (4)(b)(i), for "an alternative police force" substitute "a relevant force". 4 in paragraph (4)(c)(ii), for "an alternative police force" substitute "a relevant force". amendment of regulation 8 40 in regulation 8(1) (the respondent), for "ministry of defence" substitute "mod". insertion of regulation 12a 41 after regulation 12 (determination of an appeal), insert - national security: power to give directions in relation to appeals 12a 1 if the secretary of state considers it expedient in the interests of national security, the secretary of state may give a direction ("the direction"), in writing, in relation to an appeal hearing, relating to one or more of the following matters - a that all or part of the hearing must be conducted in private; b that a specified person must be excluded from all or part of the hearing; c that steps must be taken to conceal the identity of a witness; d that specified information must be excluded from any notice published under regulation 14(6) (notice of the hearing) or 22a (publication of information in relation to tribunal's determination of appeals under regulation 4). 2 the secretary of state must provide the direction (or a copy of it) to the relevant authority and the head of hr as soon as possible. 3 following receipt of the direction, the head of hr must supply a copy of it to the chair as soon as possible. 4 the chair must comply with the direction. . amendment of regulation 14 42 1 regulation 14 (notice of the hearing) is amended as follows. 2 after paragraph (4), insert - 5 paragraphs (6) to (12) apply only to hearings of appeals under regulation 4. 6 the chair may require notice of the hearing to be published which contains information relating to one or more of the matters in paragraph (11). 7 before requiring notice to be published under paragraph (6), the chair must - a specify the date ("the specified date") by which written representations under paragraph (9) must be provided; b inform the head of hr of the specified date; and c consider any representations made under paragraph (9). 8 the head of hr, having been informed of the specified date, must without delay inform the persons in paragraph (10)(a) and (c) to (f) of the specified date in writing. 9 a person mentioned in paragraph (10) may make written representations to the chair in relation to - a whether, and (if so) the extent to which, the chair should exclude any person from the whole or part of the hearing under regulation 21(1); b whether the chair should impose any conditions under regulation 21(2); and c whether the chair should require notice to be published under paragraph (6) and, if so, which information relating to the matters in paragraph (11) should be included in any such notice. 10 the persons are - a the appellant; b the respondent; c the complainant; d any interested person; e any witness; f if the case was investigated under external procedures, the commission or the ombudsman. 11 the matters referred to in paragraphs (6) and (9)(c) are - a the name of the officer concerned; b the date of the hearing; c the time of the hearing; d the place at which the hearing will take place; e the finding made under the conduct regulations or the disciplinary action, if any, imposed under the conduct regulations in consequence of a finding in relation to which the appeal has been brought. 12 if the chair requires notice to be published under paragraph (6), the relevant authority must publish the notice on its website at least 5 working days before the day on which the hearing is to begin and, once published, it must remain there until the conclusion of the hearing. . substitution of regulation 18 43 for regulation 18 (hearing to be in private), substitute - attendance at hearing 18 1 subject to regulations 12a and 21, the hearing of an appeal under regulation 4 must be held in public. 2 subject to paragraph (3) and regulations 19 and 20, the hearing of an appeal under regulation 4a must be held in private. 3 the tribunal may allow a person to attend all or part of the hearing of an appeal under regulation 4a as an observer for the purposes of training. . amendment of regulation 19 44 1 regulation 19 (attendance of complainant at hearing) is amended as follows. 2 in paragraph (3), after "hearing" insert "of an appeal under regulation 4a". 3 in paragraph (4), after "21," insert "in the hearing of an appeal under regulation 4a". 4 omit paragraph (5). amendment of regulation 20 45 in regulation 20(3) (attendance of the commission or ombudsman (as the case may be) at hearing), after "hearing" insert "of an appeal under regulation 4a". amendment of regulation 21 46 in regulation 21 (exclusion from hearing), after paragraph (2) insert - 3 if a person is to give evidence as a witness in the hearing, the witness, and any person accompanying the witness, must not attend the hearing before the witness is called to give evidence. . amendment of regulation 22 47 in regulation 22 (tribunal's determination) , after paragraph (7), insert - 8 if the disciplinary action imposed under the conduct regulations was dismissal (whether with or without notice), and on determination of the appeal the tribunal's decision results in the appellant no longer being dismissed, the relevant authority must notify the college of policing of the tribunal's decision. . insertion of regulation 22a 48 after regulation 22, insert - publication of information in relation to tribunal's determination of appeals under regulation 4 22a 1 this regulation applies to appeals under regulation 4. 2 the chair may, having taken into account any representations made under regulation 14 or during the appeal hearing, require the relevant authority to publish a notice containing information relating to one or more of the matters in paragraph (3), and the relevant authority must comply with any such requirement. 3 the matters referred to in paragraph (2) are - a the name of the appellant; b the finding made under the conduct regulations or the disciplinary action, if any, imposed under the conduct regulations in consequence of a finding in relation to which the appeal had been brought; c the tribunal's determination of the appeal; d the reasons for that determination. 4 a notice under paragraph (2) must be published on the relevant authority's website during the notification period and, once published, it must remain there for a period of at least 28 days. 5 in paragraph (4), "the notification period" is the period from the beginning of the 5th working day after the date on which the hearing concluded, until the end of the 10th working day after that date. . part 5 transitional provisions transitional provision in relation to protected disclosures under the ministry of defence police (conduct etc.) regulations 2015 49 the amendment made by regulation 3(3) of these regulations (insertion of regulation 3(3) of the ministry of defence police (conduct etc.) regulations 2015: protected disclosures) does not apply to a protected disclosure made before the date on which these regulations come into force, and for this purpose "protected disclosure" has the meaning given in section 43a of the employment rights act 1996. transitional provision with respect to other amendments to the ministry of defence police (conduct etc.) regulations 2015 50 1 the amendments in part 2 are of no effect where the officer concerned was given notice of referral under regulation 25 or 46 of the ministry of defence police (conduct etc.) regulations 2015 before the date on which these regulations come into force, and for this purpose "the officer concerned" has the meaning given in the ministry of defence police (conduct etc.) regulations 2015. 2 paragraph (1) does not apply to the amendments made by regulations 3 and 6. transitional provision with respect to the amendment of the ministry of defence police appeals tribunals regulations 2009 51 the amendments in part 4 are of no effect if the notice of appeal under the ministry of defence police appeals tribunals regulations 2009 was given to the relevant authority before the date on which these regulations come into force, and for this purpose "relevant authority" has the meaning given in section 4(4) of the ministry of defence police act 1987. mark lancaster parliamentary under secretary of state ministry of defence 31st january 2017

citation and commencement 1 this order may be cited as the water abstraction (revocations etc.) (england) order 2017 and comes into force on 1st january 2018. revocations 2 1 the orders mentioned in part 1 of the schedule are revoked . 2 the orders mentioned in part 2 of the schedule are revoked so far as they relate to inland waters or underground strata in england. amendment of the northumbrian water authority act 1981 3 1 the northumbrian water authority act 1981 is amended as follows. 2 omit section 4 (exception of small abstractions from licensing control). 3 in subsection (2) of section 5 (registration of abstractions excepted from licensing control) - a at the end of paragraph (b) omit "; and"; b omit paragraph (c). 4 in section 6 (classification of springs for exception from licensing control) omit the words from "or for an order" to "this act". thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 30th october 2017

title, commencement and application 1 1 the title of these regulations is the education workforce council (registration fees) regulations 2017 and they come into force on 1 february 2017 except for regulation 2 which comes into force on 1 april 2017. 2 these regulations apply in relation to wales. revocation 2 the education workforce council (registration fees) (wales) regulations 2016 are revoked. interpretation 3 in these regulations - "the 2014 act " (" deddf 2014 ") means the education (wales) act 2014; "category of registration fee" (" ffi'r categori cofrestru ") means the fee payable in relation to each category of registration set out in regulation 4(1); "employer" (" cyflogwr ") means a person who employs or engages a registered person to provide relevant services; "fee" (" ffi ") means any fee payable by virtue of section 12 of the 2014 act; "notification date" (" dyddiad hysbysu ") means the date notified to an employer by the council as being the date upon which the fee becomes payable; "register" (" cofrestr ") means the register established and maintained under section 9 of the 2014 act; and "registration" (" cofrestru ") means registration on the register; "work based learning body" (" corff dysgu seiliedig ar waith ") has the meaning given to it in article 2 of the education workforce council (registration of youth workers, youth support workers and work based learning practitioners) order 2016 . amount of registration fee payable 4 1 the registration fee payable for the year commencing on 1 april 2017 and ending on 31 march 2018 and each subsequent year is - a 46 per year for a school teacher ; b 46 per year for a school learning support worker ; c 46 per year for a further education teacher ; d 46 per year for a further education learning support worker ; e 46 per year for a youth worker ; f 46 per year for a youth support worker ; and g 46 per year for a work based learning practitioner . 2 the fee payable pursuant to paragraph (1) is to be subsidised by such amount as may be determined by the welsh ministers from time to time. 3 the amount of any subsidy determined by the welsh ministers in accordance with paragraph (2) must be published on the welsh government website. 4 where a person applies to be registered or is registered in more than one category of registration - a only one category of registration fee is payable; and b the category of registration fee payable is the higher of those fees after taking into account any subsidy determined pursuant to paragraph (2). provision to be made by the council in relation to fees 5 the council may make provision - a to charge and recover fees determined by the welsh ministers in respect of - i applications for registration or for the restoration of entries in the register; and ii the retention of entries in the register; and b for there to be exceptions and exemptions where fees are not charged. information to be supplied by an employer to the council on request 6 an employer must notify the council upon request of the details specified in the schedule of any person who is employed or otherwise engaged by that employer to provide relevant services on a date specified by the council and who is required to be registered by virtue of regulations made under sections 14 to 16 of the 2014 act. deduction of fee 7 1 the employer of a person to whom this regulation applies must secure that the fee is deducted from the payment of salary made to that person immediately following the notification date. 2 this regulation applies to a person in respect of whom the employer has received notice ("a payment notice") from the council that they are required to secure that the fee is deducted from that person's salary. 3 a payment notice must specify the amount to be deducted taking into account the amount of subsidy determined in accordance with regulation 4(2). 4 a payment notice may be issued to an employer only if the council is satisfied that on the notification date the person in respect of whom the notice is issued has not already paid the fee and is - a registered on the register, or b required to be so registered by virtue of regulations made under sections 14 to 16 of the 2014 act. remittance of fees to the council 8 the employer must within 14 days of the fee being deducted in accordance with regulation 5 remit that fee to the council. information to be supplied to the council by the employer with the fee 9 when remitting the fee the employer must notify the council of the details specified in the schedule of the person in relation to whom the fee is remitted. failure to discharge duty 10 failure by a person to discharge a duty within a time limit specified in these regulations does not relieve that person of that duty. kirsty williams cabinet secretary for education, one of the welsh ministers 31 january 2017

citation, commencement and application 1 1 these regulations may be cited as the universal credit (benefit cap earnings exception) amendment regulations 2017 and come into force on 1st april 2017. 2 where an amendment made by these regulations 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 for the purposes of this regulation, "existing award of universal credit" means an award of universal credit that exists on 1st april 2017. exception to the application of the benefit cap - earnings 2 1 the universal credit regulations 2013 are amended as follows. 2 in regulation 6(1a) (rounding), before paragraph (a) insert - za regulation 82(1)(a) (exceptions - earnings); . 3 in regulation 82 (exceptions - earnings) - a in paragraph (1)(a), for "430", substitute - the amount of earnings that a person would be paid at the hourly rate set out in regulation 4 of the national minimum wage regulations for 16 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12 ; b in paragraph (2)(a), for "less than the amount mentioned in paragraph (1)(a)", substitute - less than - i where the assessment period began before 1st april 2017, 430; or ii in any other case, the amount calculated in accordance with paragraph (1)(a) ; and c in paragraph (3), for "exceeded the amount mentioned in paragraph (1)(a)", substitute - exceeded - a in any month beginning before 1st april 2017, 430; and b in any other case, the amount calculated in accordance with paragraph (1)(a) . signed by authority of the secretary of state for work and pensions caroline nokes parliamentary under secretary of state, department for work and pensions 20th february 2017

citation, interpretation and extent 1 1 these regulations may be cited as the criminal finances act 2017 (commencement no. 2 and transitional provisions) regulations 2017. 2 in these regulations - "tact" means the terrorism act 2000 ; "poca" means the proceeds of crime act 2002 ; "the act" means the criminal finances act 2017. 3 regulations 2(a), (d), (l), (t) and (v) do not extend to northern ireland. 4 in regulation 2(r), the commencement of paragraph 37 of schedule 5 to the act does not extend to northern ireland so far as it relates to section 333d(1)(aa) and (1a) of poca. provisions of the act coming into force on 31st october 2017 2 the following provisions of the act come into force on 31st october 2017 - a section 10 (power to extend moratorium period); b section 11 (sharing of information within the regulated sector) so far as it applies to relevant undertakings within section 339zg(5)(b) of poca; c section 12 (further information orders); d section 15 (forfeiture of certain personal (or moveable) property) so far as it inserts sections 303g and 303h into poca and so far as not already in force; e section 17 (serious fraud office) so far as relevant to paragraphs (j) to (l) below; f section 36 (sharing of information within the regulated sector) so far as it applies to relevant undertakings within section 21cf(6)(b) of tact; g section 37 (further information orders); h section 43 (enforcement in other parts of the united kingdom) so far as not already in force; i section 53 (minor and consequential amendments) so far as relevant to paragraphs (m) to (y) below; j paragraph 1 of schedule 1 (powers of members of staff of serious fraud office) so far as relevant to paragraphs (k) and (l) below; k paragraph 6 of schedule 1; l paragraphs 14 and 24 of schedule 1; m paragraphs 6 to 8 of schedule 5 (minor and consequential amendments); n paragraph 9 of schedule 5 so far as relevant to paragraphs (o) and (p) below; o paragraphs 10 to 12 of schedule 5; p paragraph 13 of schedule 5 for the purpose of issuing a code of practice under paragraph 6 of schedule 14 to tact; q paragraph 17 of schedule 5 so far as relevant to paragraphs (r) to (v) below; r paragraph 37 of schedule 5; s paragraph 38 of schedule 5; t paragraph 58 of schedule 5; u paragraph 83 of schedule 5 so far as not already in force; v paragraphs 87(3) to (6) of schedule 5 so far as they relate to section 303g(5) or 303h(4); w paragraph 89 of schedule 5; x paragraph 90 of schedule 5 so far as relevant to paragraph (y) below; y paragraph 91 of schedule 5 so far as necessary for enabling an act of sederunt (court rules) to be made under section 215 of the bankruptcy and diligence etc. (scotland) act 2007 in relation to a decree of removing or warrant for ejection granted under section 266(8za) of poca . transitional provisions 3 1 section 10 of the act applies only in relation to a relevant disclosure ("relevant disclosure" is defined in section 336d(5) of poca) made on or after 31st october 2017. 2 an order under section 339zh of poca (further information orders) (as inserted by section 12 of the act) can only be made where the information required to be given under that order relates to a matter arising from a disclosure made on or after 31st october 2017 . 3 an order under section 22b(1) of tact (further information orders) (as inserted by section 37 of the act) can only be made where the information required to be given under that order relates to a matter arising from a disclosure made on or after 31st october 2017 . ben wallace minister of state home office 12th october 2017

citation, commencement and extent 1 1 these regulations may be cited as the occupational pension schemes and social security (schemes that were contracted-out and graduated retirement benefit) (miscellaneous amendments) regulations 2017. 2 these regulations come into force on 6th april 2017. 3 these regulations, except for regulation 4(9), (10) and (11), extend to england and wales and scotland. 4 regulation 4(9), (10) and (11), and this regulation in so far as it relates to regulation 4(9), (10) and (11), extends to northern ireland. amendment of the contracting-out (transfer and transfer payment) regulations 1996 2 in regulation 13b(1) (modification of section 16: revaluation after transfer from another scheme) of the contracting-out (transfer and transfer payment) regulations 1996 , after "this regulation applies" insert "where an earner's service in contracted-out employment ended on the second abolition date and". amendment of the social security (graduated retirement benefit) regulations 2005 3 in paragraphs 6(2), 10(2), 16(2) and 20(2) of schedule 1 to the social security (graduated retirement benefit) regulations 2005 (calculating lump sums for the purposes of increasing lump sums in relation to deferred graduated retirement benefit) , in the definition of "accrual period" after "social security (claims and payments) regulations 1987" insert "or in accordance with regulation 22c(3) or (4) of those regulations". amendment of the occupational pension schemes (schemes that were contracted-out) (no.2) regulations 2015 4 1 the occupational pension schemes (schemes that were contracted-out) (no.2) regulations 2015 are amended as follows. 2 in regulation 2 (interpretation) - a after the definition of "administrator" insert - "bereavement support payment" means the benefit described in section 30 (bereavement support payment) of the pensions act 2014 ; ; b after the definition of "the finance act" insert - "scheme reconciliation service" means the service set up by the commissioners which allows schemes to compare the scheme's records of members who have been contracted-out, and the value of members' guaranteed minimum pensions ,with the commissioner's records of the same, with a view to removing any errors in the scheme's or the commissioner's records; . 3 for regulation 9(3) (notification of requirement to pay a contributions equivalent premium) substitute - 3 the commissioners may in any particular case or class of case extend the period within which notification is to be given - a if it appears to them that notification could not reasonably have been given within the period specified in paragraph (2); or b if - i the trustees are seeking to reach, or have reached, an agreement with the commissioners as to the scheme's liabilities for guaranteed minimum pensions or section 9(2b) rights of members through the scheme reconciliation service; and ii as a result of doing so, the commissioners and the trustees agree that a premium is payable. . 4 for regulation 11(5) (elections to pay contributions equivalent premiums) substitute - 5 the commissioners may in any particular case or class of case extend the period within which notification of an election is to be given - a if it appears to them that notification could not reasonably have been given within the period specified in paragraph (4); or b if - i the trustees are seeking to reach, or have reached, an agreement with the commissioners as to the scheme's liabilities for guaranteed minimum pensions or section 9(2b) rights of members through the scheme reconciliation service; and ii as a result of doing so, the commissioners and the trustees agree that a premium is payable. . 5 in regulation 12(3) (payment of a contributions equivalent premium) - a after sub-paragraph (a) omit "and"; b after sub-paragraph (b) insert - ; and c if - i the trustees are seeking to reach, or have reached, an agreement with the commissioners as to the scheme's liabilities for guaranteed minimum pensions or section 9(2b) rights of members through the scheme reconciliation service; and ii as a result of doing so, the commissioners and the trustees agree that a premium is payable, by such further period as they consider reasonable. . 6 in regulation 21(1) (circumstances for the purposes of section 17(6) of the 1993 act in which widower's, widow's or surviving civil partner's guaranteed minimum pension is payable) - a after sub-paragraph (b) omit "or"; b after sub-paragraph (c) insert - d the widower, widow or surviving civil partner is entitled to a bereavement support payment by virtue of the earner's contributions; or e the widower, widow or surviving civil partner was entitled to a bereavement support payment by virtue of the earner's contributions but that entitlement came to an end at a time after the widower, widow or surviving civil partner attained the age of 45. . 7 in regulation 22 (period for the purposes of section 17(6) of the 1993 act for which widower's, widow's or surviving civil partner's guaranteed minimum pension is payable) - a after paragraph (3) insert - 3a where a pension is payable by virtue of regulation 21(1)(d) but not by virtue of regulation 21(1)(a), (b), (c) or (e), the scheme is to make provision for the pension to be payable for the period during which the circumstances described in regulation 21(1)(d) continue to exist. 3b subject to paragraph (4a), where a pension is payable by virtue of regulation 21(1)(e) but not by virtue of regulation 21(1)(a), (b), (c) or (d), the scheme is to make provision for the pension to be payable for the remainder of the widower's, widow's or surviving civil partner's life. ; b for paragraphs (4) and (5) substitute - 4 subject to paragraph (5), there is excluded from the periods prescribed by paragraphs (2) and (3) any period - a after the time of any - i marriage; or ii formation of a civil partnership, by the widower, widow or surviving civil partner whilst under pensionable age and which takes place after the earner's death; or b during which the widower, widow or surviving civil partner is under pensionable age and he or she and another person are living together as a married couple; or c after the widower, widow or surviving civil partner has attained pensionable age if, immediately before he or she attained that age, he or she and another person were living together as a married couple. (4a) subject to paragraph (5), there is excluded from the period prescribed by paragraph (3b) any period - a after the time of any - i marriage; or ii formation of a civil partnership, by the widower, widow or surviving civil partner which takes place after the earner's death; or b during which the widower, widow or surviving civil partner and another person are living together as a married couple. (5) the following provisions do not apply where a man became a widower before 5th december 2005 - a paragraphs 4(a)(i) and (4a)(a)(i) so far as they relate to a marriage involving two people of the same sex; b paragraphs 4(a)(ii) and (4a)(a)(ii); and c paragraphs (4)(b), (4)(c) and (4a)(b) so far as they relate to the living together of two people of the same sex. . 8 for regulation 24(2) (fixed rate revaluation of guaranteed minimum pensions for early leavers) substitute - 2 subject to paragraph (3), in a case to which this regulation applies, the scheme is to provide for the weekly equivalent mentioned in section 14(2) of the 1993 act to be increased, in relation to the period of service in respect of which accrued rights to a guaranteed minimum pension have been acquired under, or transferred to, the scheme, by at least - a 4.75 per cent compound, where the period of pensionable service under the scheme terminates on or after 6th april 2016 but before 6th april 2017; b 3.5 per cent compound, where the period of pensionable service under the scheme terminates on or after 6th april 2017. . 9 for regulation 37(3) (notification of requirement to pay a contributions equivalent premium: northern ireland) substitute - 3 the commissioners may in any particular case or class of case extend the period within which notification is to be given - a if it appears to them that notification could not reasonably have been given within the period specified in paragraph (2); or b if - i the trustees are seeking to reach, or have reached, an agreement with the commissioners as to the scheme's liabilities for guaranteed minimum pensions or section 5(2b) rights of members through the scheme reconciliation service; and ii as a result of doing so, the commissioners and the trustees agree that a premium is payable. . 10 for regulation 39(5) (elections to pay contributions equivalent premiums: northern ireland) substitute - 5 the commissioners may in any particular case or class of case extend the period within which notification of an election is to be given - a if it appears to them that notification could not reasonably have been given within the period specified in paragraph (4); or b if - i the trustees are seeking to reach, or have reached, an agreement with the commissioners as to the scheme's liabilities for guaranteed minimum pensions or section 5(2b) rights of members through the scheme reconciliation service; and ii as a result of doing so, the commissioners and the trustees agree that a premium is payable. . 11 in regulation 40(3) (payment of a contributions equivalent premium: northern ireland) - a after sub-paragraph (a) omit "and"; b after sub-paragraph (b) insert - ; and c if - i the trustees are seeking to reach, or have reached, an agreement with the commissioners as to the scheme's liabilities for guaranteed minimum pensions or section 5(2b) rights of members through the scheme reconciliation service; and ii as a result of doing so, the commissioners and the trustees agree that a premium is payable, by such further period as they consider reasonable. . signed by authority of the secretary of state for work and pensions richard harrington parliamentary under secretary of state department for work and pensions 9th march 2017

citation, commencement and expiry 1 1 these regulations may be cited as the environmental offences (fixed penalties) (england) regulations 2017. 2 these regulations (except regulation 5 ) come into force on 1st april 2018. 3 regulation 5 comes into force on 1st april 2019. 4 regulation 4 ceases to have effect at the end of 31st march 2019. penalty range: audible intruder alarms 2 the amount of a fixed penalty capable of being specified by a local authority under section 74(2)(a) of the clean neighbourhoods and environment act 2005 is not less than 50 and not more than 80. penalty range: commercial etc. waste receptacles and noise 3 the amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than 75 and not more than 110 - a a waste collection authority under section 47zb(2)(a) of the environmental protection act 1990 in respect of an offence under section 47 of that act; b a local authority under section 8a(2)(a) of the noise act 1996. penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st april 2018 to 31st march 2019 4 the amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than 50 and not more than 150 - a a principal litter authority under section 88(6a)(a) of the environmental protection act 1990 ; b a principal litter authority under paragraph 7(4)(a) of schedule 3a to the environmental protection act 1990 ; c a relevant local authority under section 43a(1)(a) of the anti-social behaviour act 2003. penalty range: litter, distribution of printed matter, and graffiti and fly-posting: 1st april 2019 onwards 5 the amount of a fixed penalty capable of being specified by any of the following under the corresponding section is not less than 65 and not more than 150 - a a principal litter authority under section 88(6a)(a) of the environmental protection act 1990; b a principal litter authority under paragraph 7(4)(a) of schedule 3a to the environmental protection act 1990; c a relevant local authority under section 43a(1)(a) of the anti-social behaviour act 2003. default penalty: litter and distribution of printed matter 6 1 for subsection (6a)(b) of section 88 (fixed penalty notices for leaving litter) of the environmental protection act 1990 substitute - b if no amount is so specified, is - i in england, 100, or ii in wales, 75. . 2 for paragraph 7(4)(b) of schedule 3a (free distribution of printed matter on designated land) of that act substitute - b if no amount is so specified, is - i in england, 100, or ii in wales, 75. . default penalty: graffiti and fly-posting 7 for subsection (1)(b) of section 43a (amount of penalty for graffiti and fly-posting) of the anti-social behaviour act 2003 substitute - b if no amount is so specified, is - i in england, 100, or ii in wales, 75. . lesser penalty: litter, distribution of printed matter, graffiti and fly-posting, and audible intruder alarms 8 where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than 50 - a a litter authority acting under section 88(7) of the environmental protection act 1990 ; b a principal litter authority acting under paragraph 7(5) of schedule 3a to the environmental protection act 1990; c a relevant local authority acting under section 43a(3) of the anti-social behaviour act 2003; d a local authority acting under section 74(3) of the clean neighbourhoods and environment act 2005. lesser penalty: commercial etc. waste receptacles, noise, and exposing for sale etc. vehicles on roads 9 where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than 60 - a a waste collection authority acting under section 47zb(3) of the environmental protection act 1990 in respect of an offence under section 47 of that act; b a local authority acting under section 8a(3) of the noise act 1996; c a local authority acting under section 6(10) of the clean neighbourhoods and environment act 2005. lesser penalty: abandoning vehicles 10 where a local authority acting under section 2a(10) of the refuse disposal (amenity) act 1978 makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than 120. lesser penalty: transporting controlled waste and duty of care for waste 11 where any of the following makes provision for treating a fixed penalty as having been paid if a lesser amount is paid within a specified period, that amount must not be less than 180 - a a regulation authority acting under section 5b(11) of the control of pollution (amendment) act 1989; b an enforcement authority acting under section 34a(11) of the environmental protection act 1990. authorising notice-giving: condition: parish or community councils 12 before a parish or community council may authorise a person to give notices under any of the following sections the person must successfully complete a course of training suitable for equipping the person to give notices under those sections - a section 88(1) of the environmental protection act 1990; b section 43(1) of the anti-social behaviour act 2003. revocations 13 1 the environmental offences (fixed penalties) (miscellaneous provisions) regulations 2007 are revoked except for - a regulation 1 (title, application and commencement); b regulation 2(2)(b) (which specifies the range for fixed penalties for offences in respect of litter clearing and street litter control notices); c regulation 3(2)(b) (which specifies the lesser amount for fixed penalties for offences in respect of litter clearing and street litter control notices). 2 the environmental offences (fixed penalties) (miscellaneous provisions) (amendment) regulations 2012 are revoked. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 30th october 2017

citation, commencement and extent 1 1 these regulations may be cited as the electronic communications code (jurisdiction) 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. 2 these regulations extend to england and wales and to scotland. interpretation 2 1 in these regulations - "the code" means the electronic communications code set out in schedule 3a to the communications act 2003; "relevant proceedings" means proceedings under any of the following provisions of the code - parts 4, 5, 6, 12 or 13, or paragraph 53. conferral of jurisdiction on tribunals 3 subject to regulation 4, the functions conferred by the code on the court are also exercisable by the following tribunals - a in relation to england, the first-tier tribunal (in a case where relevant proceedings are transferred to it by the upper tribunal), b in relation to england and wales, the upper tribunal, and c in relation to scotland, the lands tribunal for scotland, and any provision of the code which confers a function on the court is to be read as if the reference to the court included references to these tribunals. restriction on jurisdiction for commencement of relevant proceedings 4 relevant proceedings must be commenced - a in relation to england and wales, in the upper tribunal, or b in relation to scotland, the lands tribunal for scotland. transfer of relevant proceedings to the court 5 1 a tribunal referred to in regulation 3 may transfer relevant proceedings to - a in relation to england or wales, the county court, or b in relation to scotland the sheriff court, if that tribunal considers the court to be a more appropriate forum for the determination of those proceedings. 2 a tribunal may transfer proceedings in accordance with paragraph (1) of its own motion or on the application of a party to those proceedings. matthew hancock minister of state department for digital, culture, media and sport 14th december 2017

citation and commencement 1 this order may be cited as the enactment of extra-statutory concessions order 2017 and comes into force on 6th april 2017. transitional provisions for woodlands subject to a deferred estate duty charge 2 at the end of paragraph 46 of schedule 19 to the finance act 1986 insert "to the extent that the value transferred is attributable to the land concerned". 3 the amendment made by article 2 has effect in relation to transfers of value made on or after the date on which this order comes into force. non-resident or dual resident settlements: meaning of "participator" 4 in section 96 of the taxation of chargeable gains act 1992 (payments by and to companies), in subsection (10) after paragraph (a) insert - aa a person is not to be regarded as a participator in a company controlled by the trustees of a settlement where the person has a share or interest in the capital or income of the company solely by virtue of an interest which the person has under the settlement; . 5 1 schedule 5 to the taxation of chargeable gains act 1992 is amended as follows. 2 in paragraph 2a (settlements created before 17th march 1998) after sub-paragraph (9) insert - 9a for the purposes of sub-paragraphs (8) and (9) above a person is not to be regarded as a participator in a company controlled by the trustees of a settlement where the person has a share or interest in the capital or income of the company solely by virtue of an interest which the person has under the settlement. . 3 in paragraph 8 (meaning of "originating") after sub-paragraph (8) insert - 8a but a person is not to be regarded as a participator in a company controlled by the trustees of a settlement where the person has a share or interest in the capital or income of the company solely because of an interest which the person has under the settlement. . 4 in paragraph 9 (qualifying settlements, and commencement) after sub-paragraph (10) insert - 10za for the purposes of sub-paragraphs (9) and (10) above a person is not to be regarded as a participator in a company controlled by the trustees of a settlement where the person has a share or interest in the capital or income of the company solely by virtue of an interest which the person has under the settlement. . 6 the amendments made by articles 4 and 5 have effect - a for corporation tax purposes, for accounting periods ending on or after the date on which this order comes into force, and b for capital gains tax purposes, for the tax year 2017-18 and subsequent tax years. disapplication of disallowance of input tax in insolvency where consideration not paid 7 1 part 1 of the value added tax act 1994 is amended as follows. 2 after subsection (1) of section 26a (disallowance of input tax where consideration not paid) insert - 1a subsection (1) is subject to section 26aa (disapplication of disallowance under section 26a in insolvency). . 3 after section 26a insert - disapplication of disallowance under section 26a in insolvency 26aa 1 section 26a(1) does not apply to a person in relation to credit for input tax which relates to a supply where - a at the time of the supply, no insolvency procedure had effect in relation to the person, b at any time during the relevant period, an insolvency procedure had effect in relation to that person ("the insolvent person"), and c the commissioners have been notified in writing of the matter mentioned in paragraph (b) by or on behalf of a person authorised to deal with the insolvent person's affairs. 2 but where the insolvency procedure mentioned in subsection (1)(b) is a bankruptcy order, award of sequestration, protected trust deed or voluntary arrangement and that bankruptcy order is annulled, that award of sequestration is recalled or that protected trust deed or voluntary arrangement has come to an end prematurely - a the disapplication of section 26a(1) by subsection (1) above ceases to have effect, and b the person to which the bankruptcy order, award of sequestration, protected trust deed or voluntary arrangement relates is to be taken for the purposes of section 26a(1) as not being entitled to the credit for the input tax concerned as from whichever is the later of - i the end of the relevant period, and ii the date on which the bankruptcy order was annulled, the award of sequestration recalled or the protected trust deed or voluntary arrangement has come to an end prematurely. 3 where the person mentioned in section 26a(1) is entitled as a member of a partnership to credit for input tax this section has effect as if - a the references in subsections (1)(a) and (b) to "the person" and "that person" were references to the partnership, b the reference in subsection (1)(c) to "the insolvent person's affairs" were a reference to the insolvent partnership's affairs, and c the reference in subsection (2)(b) to "the person", in connection with a bankruptcy order or a voluntary arrangement, were a reference to the person who is a member of the partnership to which the bankruptcy order or voluntary arrangement relates. 4 subsection (1) does not apply where the insolvency procedure referred to in subsection (1)(b) has effect as part of, or as a consequence of, arrangements where the main purpose, or one of the main purposes, of those arrangements is to obtain a tax advantage by the operation of this section. 5 regulations may make such supplementary, incidental, consequential or transitional provisions as appear to the commissioners to be necessary or expedient for the purposes of this section. 6 for the purposes of this section "the relevant period", in relation to a supply, is the period beginning immediately after the supply took place and ending six months after - a the date of that supply, or b if later, the date on which the relevant part of the consideration for the supply is payable. 7 for the purposes of subsection (6) the relevant part of the consideration is the part of the consideration referable to the credit for input tax which would (ignoring the effect of this section) be disallowed under section 26a(1). 8 for the purposes of this section an insolvency procedure has effect in relation to a person at a time when any of the following apply - a a bankruptcy order has been made under chapter 1 of part 9 of the insolvency act 1986 in relation to that person and has not been annulled, b a warrant has been granted for a petition for sequestration to be served on that person which has resulted in the sequestration of that person's estate or an award of sequestration has been made on an application by that person, in both cases under section 22 of the bankruptcy (scotland) act 2016 , and in either case the award of sequestration has not been recalled, c a bankruptcy order has been made under chapter 1 of part 9 of the insolvency (northern ireland) order 1989 in relation to that person and has not been annulled, d where that person is a company registered under the companies act 2006 in england and wales or scotland or an unregistered company as defined in section 220 of the insolvency act 1986 which is deemed to be registered in england and wales or scotland under section 221 of that act, a petition has been presented to the court which has resulted in a winding-up order being made under chapter 6 of part 4 or part 5 of the insolvency act 1986 in relation to that person and that person has not been dissolved or that winding-up order has not been stayed or sisted, e where that person is a company registered under the companies act 2006 in northern ireland, or an unregistered company as defined in article 184 of the insolvency (northern ireland) order 1989 which is deemed to be registered in northern ireland under article 185 of that order, a petition has been presented to the court which has resulted in a winding-up order being made under part 5 or part 6 of the insolvency (northern ireland) order 1989 and that person has not been dissolved or that winding-up order has not been stayed, f that person is in administration for the purposes of schedule b1 to the insolvency act 1986 or schedule b1 to the insolvency (northern ireland) order 1989, g an appointment of an administrative receiver is in force in relation to that person disregarding any temporary vacancy in the office of receiver, h an appointment of a liquidator is in force as a consequence of a creditors' voluntary winding up under chapter 4 of part 4 of the insolvency act 1986 or chapter 4 of part 5 of the insolvency (northern ireland) order 1989 in relation to that person disregarding any temporary vacancy in the office of liquidator, i a voluntary arrangement has been approved in accordance with part 1 or part 8 of the insolvency act 1986 or part 2 or chapter 2 of part 8 of the insolvency (northern ireland) order 1989 in relation to that person and that voluntary arrangement has not come to an end prematurely, j a county court administration order has been made under part 6 of the county courts act 1984 or part 6 of the judgments enforcement (northern ireland) order 1981 in relation to that person and has not ceased to take effect, k a compromise or arrangement sanctioned by the court and delivered to the registrar in accordance with section 899 of the companies act 2006 is in place in relation to that person, l that person's estate is vested in any other person as that person's trustee under a trust deed and that trust deed has become a protected trust deed, m that person has died and an insolvency administration order has been made which has not been discharged in respect of that person's estate in accordance with an order under section 421 of the insolvency act 1986 or article 365 of the insolvency (northern ireland) order 1989 or that person's estate has been sequestrated under section 22 of the bankruptcy (scotland) act 2016 and the award of sequestration has not been recalled, n a voluntary arrangement has been approved in accordance with part 1 of the insolvency act 1986 as applied by part 2 of the insolvent partnerships order 1994 or part 2 of the insolvency (northern ireland) order 1989 as applied by part 2 of the insolvent partnerships order (northern ireland) 1995 in relation to that person and that voluntary arrangement has not come to an end prematurely, o an appointment of a liquidator is in force as a consequence of a creditors' voluntary winding up under chapter 4 of part 4 of the insolvency act 1986 as applied by parts 4 and 5 of the insolvent partnerships order 1994, or chapter 4 of part 5 of the insolvency (northern ireland) order 1989 as applied by part 4 of the insolvent partnerships order (northern ireland) 1995 in relation to that person disregarding any temporary vacancy in the office of liquidator, p that person is in administration for the purposes of schedule b1 to the insolvency act 1986 as applied by part 3 of the insolvent partnerships order 1994 or schedule b1 to the insolvency (northern ireland) order 1989 as applied by part 3 of the insolvent partnerships order (northern ireland) 1995, q a voluntary arrangement has been approved in accordance with part 1 of the insolvency act 1986 as applied by part 4 of the limited liability partnerships regulations 2001 or part 2 of the insolvency (northern ireland) order 1989 as applied by part 4 of the limited liability partnerships regulations (northern ireland) 2004 in relation to that person and that voluntary arrangement has not come to an end prematurely, r an appointment of a liquidator is in force as a consequence of a creditors' voluntary winding up under chapter 4 of part 4 of the insolvency act 1986 as applied by part 4 of the limited liability partnerships regulations 2001 or chapter 4 of part 5 of the insolvency (northern ireland) order 1989 as applied by part 4 of the limited liability partnerships regulations (northern ireland) 2004 in relation to that person disregarding any temporary vacancy in the office of liquidator, s that person is in administration for the purposes of schedule b1 to the insolvency act 1986 as applied by part 4 of the limited liability partnerships regulations 2001 or schedule b1 to the insolvency (northern ireland) order 1989 as applied by part 4 of the limited liability partnerships regulations (northern ireland) 2004. 9 in this section - "administrative receiver" means an administrative receiver within the meaning of section 251 of the insolvency act 1986 or article 5(1) of the insolvency (northern ireland) order 1989; "protected trust deed" has the same meaning as in the bankruptcy (scotland) act 2016; "tax advantage" has the same meaning as in schedule 11a; and "trust deed" has the same meaning as in the bankruptcy (scotland) act 2016. 10 in this section a voluntary arrangement comes to an end prematurely if it would be regarded as having come to an end prematurely under - a section 7b or section 262c of the insolvency act 1986 ; or b article 20b or article 236c of the insolvency (northern ireland) order 1989 . 11 section 6 applies for determining the time when a supply is to be treated as taking place for the purposes of construing this section. . 8 1 in part 19b of the value added tax regulations 1995 , regulation 172h (repayment of input tax) is amended as follows. 2 in paragraph (1) for "paragraph (5)" substitute "paragraphs (5) and (6)". 3 after paragraph (5) insert - 6 this regulation does not apply in so far as a person is entitled under section 26aa of the act to credit for input tax in relation to the supply. . 9 the amendments made by articles 7 and 8 have effect in relation to supplies made on or after the date on which this order comes into force. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 28th march 2017

citation 1 these regulations may be cited as the immigration act 2016 (commencement no. 5) regulations 2017. provisions coming into force on 30th october 2017 2 the following provisions of the immigration act 2016 come into force, for all remaining purposes, on 30th october 2017 - a section 45 (bank accounts); and b schedule 7 (bank accounts). brandon lewis minister of state home office 18th september 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the democratic people's republic of korea (european union financial sanctions) (amendment) (no. 2) regulations 2017 and come into force at 4.00 p.m. on 6th september 2017. 2 in these regulations, "the 2017 regulations" means the democratic people's republic of korea (european union financial sanctions) regulations 2017 . amendments to the 2017 regulations 2 1 the 2017 regulations are amended as follows. 2 in regulation 2 (interpretation) - a in the definition of "the council regulation", 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 "; b in the definition of "designated person", for "annex iv , v or va" substitute "annex xiii , xv , xvi or xvii ". 3 omit regulation 8 (funds and economic resources: government of democratic people's republic of korea and worker's party of korea). 4 after regulation 8 insert - persons listed in annex xvii of the council regulation, the foreign trade bank and the korean national insurance company 8a 1 the prohibitions in regulations 3 to 7, as they relate to persons, entities or bodies listed in annex xvii of the council regulation, do not apply where the funds or economic resources are required to carry out the activities of a diplomatic or consular mission of the democratic people's republic of korea, including its missions to the united nations and its specialised agencies and related organisations. 2 the prohibitions in regulations 3 to 7 do not apply with regard to funds and economic resources belonging or made available to the foreign trade bank of the democratic people's republic of korea or to the korean national insurance company provided that such funds and economic resources are intended to be used exclusively for the official purposes of a diplomatic or consular mission in the democratic people's republic of korea or for humanitarian assistance activities undertaken by, or in coordination with, the united nations. . 5 in regulation 10 (credit and financial institutions: accounts and correspondent banking relationships) - a in paragraph (1), for "article 16" substitute "article 1"; b in paragraph (2)(b), omit "as listed in annex vi of the council regulation"; c for paragraph (2)(c) substitute - c a credit or financial institution that is not domiciled in the democratic people's republic of korea but is controlled by a person, entity or body domiciled in the democratic people's republic of korea. ; d in paragraph (3), for "article 16" substitute "article 1". 6 in regulation 12 (acquisition or extension of ownership interest), for "article 16" substitute "article 1". 7 in regulation 15 (severance of existing financial relationships), in both places it occurs, for "article 16" substitute "article 1". 8 in regulation 16 (business directly or indirectly with designated persons), for "annex iv" substitute "annex xiii". 9 in regulation 18(2), (3), (4) and (6)(f) (investment and commercial activities), omit "legal". 10 in regulation 19 (transfers of funds) - a in paragraph (1), after "paragraph (3)" insert "or paragraph (5)"; b in paragraph (2), before sub-paragraph (a) - i after "paragraph (3)" insert "or paragraph (5)"; ii for "article 16" substitute "article 1"; c in paragraph (2)(b), omit ", as listed in annex vi to the council regulation"; d for paragraph (2)(c) substitute - c credit or financial institutions that are not domiciled in the democratic people's republic of korea but are controlled by persons, entities or bodies domiciled in the democratic people's republic of korea. ; e in paragraph (3)(b)(ii), omit "prior"; f for paragraph (4)(g) substitute - g transactions regarding the official purposes of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law; ; g omit paragraphs (4)(h), (4)(i), (4)(k) and (4)(l); h for paragraph (5) substitute - 5 the prohibitions in paragraphs (1) and (2) do not apply to a transfer of funds or transaction which is necessary for the official purposes of a diplomatic or consular mission of a member state in the democratic people's republic of korea or an international organisation enjoying immunities in the democratic people's republic of korea in accordance with international law. . 11 in regulation 21 (bank accounts for diplomats and diplomatic missions of the democratic people's republic of korea), in both places it occurs, for "article 16" substitute "article 1". 12 in regulation 23(1) (licences), for "3 to 8" substitute "3 to 7". 13 in regulation 24 (contravention and circumvention of prohibitions), in both places, for "3 to 8" substitute "3 to 7". savings 3 1 this regulation applies to a licence or authorisation granted by the treasury under regulation 23 (licences) or regulation 19 (transfers of funds) of the 2017 regulations, or which has effect as if it were such a licence or authorisation by virtue of regulation 33 (savings) of the 2017 regulations, and which was in effect immediately before the coming into force of 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 . 2 subject to variation or revocation, a licence or authorisation to which paragraph (1) applies continues to have effect notwithstanding the repeal of council regulation (ec) no 329/2007 , and any reference in such licence or authorisation to that regulation (or to a particular part of that regulation) is to be construed as a reference to council regulation (eu) 2017/1509 (or the corresponding part). heather wheeler mark spencer two of the lords commissioners of her majesty's treasury at 11.45 a.m. on 6th september 2017

citation, commencement and application 1 these regulations may be cited as the electronic communications code (conditions and restrictions) (amendment) regulations 2017 and come into force on 7th august 2017. 2 the amendments made by regulation 4 do not apply to notices submitted under regulation 5 of the electronic communications code (conditions and restrictions) regulations 2003 before the date on which these regulations come into force. amendment of the electronic communications code (conditions and restrictions) regulations 2003 3 the electronic communications code (conditions and restrictions) regulations 2003 are amended as follows. 4 in regulation 5 - a for paragraphs (1)(b) and (1)(ba) substitute - b in relation to northern ireland, scotland or wales, the code operator has not given notice under regulations 6, 7 or 8 to the planning authority for the area that the code operator intends to carry out a matter specified in paragraph (1za) for which - i the code operator is not required to obtain planning permission under the planning acts; ii planning permission is granted under a development order; or ba in relation to england, the code operator intends to carry out a matter specified in paragraph (1ba) for which - i the code operator is not required to obtain planning permission under the planning acts; or ii planning permission is granted under a development order and is not subject to the prior approval process; or b before paragraph (1a), insert - 1za the matters referred to in paragraphs (1)(b) and (1)(ba) are - i the installation of a cabinet, box, pillar, pedestal or similar apparatus; and ii the installation, alteration or replacement of a mast. . 5 in regulation 20 - a in paragraph (1)(a), after "("the 2016 regulations")", insert "and the electronic communications code (conditions and restrictions) (amendment) regulations 2017 ("the 2017 regulations ")"; and b in paragraph (2)(a), after "the 2016 regulations", insert "and the 2017 regulations". amendment of the electronic communications code (conditions and restrictions) (amendment) regulations 2013 6 the electronic communications code (conditions and restrictions) (amendment) regulations 2013 are amended as follows. 7 omit regulation 3. matthew hancock minister of state department for digital, culture, media and sport 12th july 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the water supply and sewerage services (customer service standards) (amendment) regulations 2017 and come into force on 1st april 2017. 2 in these regulations "the principal regulations" means the water supply and sewerage services (customer service standards) regulations 2008 . amendments to the principal regulations 2 the principal regulations are amended in accordance with regulations 3 to 8. 3 regulations 1 to 4 become part 1, entitled "introduction". 4 in regulation 4 (interpretation) - a omit the definition of "customer"; and b omit paragraph (2). 5 after regulation 4 insert - part 2 customer service standards for welsh undertakers interpretation of part 2 4a 1 in this part - "customer" includes - a potential customer; and an occupier of premises whose supply of water or sewerage services is the subject of a separate charge for which a person other than the occupier is liable; but does not include a customer of a water supply licensee; "welsh undertaker" means a water or sewerage undertaker whose area is wholly or mainly in wales and a "welsh water undertaker" and "welsh sewerage undertaker" is to be construed accordingly. 2 for the purposes of this part, a water supply licensee is not a customer of a water undertaker that supplies water to it. 6 in regulations 5 to 17 - a for "these regulations", in each place it occurs, substitute "this part"; b for "undertaker", in each place it occurs, substitute "welsh undertaker"; c for "water undertaker", in each place it occurs, substitute "welsh water undertaker"; and d for "sewerage undertaker", in each place it occurs, substitute "welsh sewerage undertaker". 7 after regulation 17 (reference of disputes to the authority) insert - part 3 customer service standards for english service providers and english wholesalers interpretation of part 3 17a in this part - "customer" includes - in cases of self-supply, the relevant water supply licensee, sewerage licensee or person associated with a licensee; and in all other cases, customers or potential customers of water supply licensees or sewerage licensees that are operating in accordance with a retail authorisation, but does not include a person associated with the relevant licensee; "english service provider" means - in cases of self-supply, the english wholesaler whose water supply system or sewerage system is used to supply water or provide sewerage services to the customer; and in all other cases - the water supply licensee or sewerage licensee, as appropriate, who supplies water or provides sewerage services to the customer under a retail authorisation; or the english undertaker who supplies water or provides sewerage services to the customer; "english undertaker" means a water undertaker or sewerage undertaker whose area is wholly or mainly in england; "english wholesaler" means an english undertaker acting in their capacity of providing, developing, maintaining, improving or extending a water supply system or sewerage system, as appropriate, and "english water wholesaler" and "english sewerage wholesaler" are to be construed accordingly; "person associated with a licensee" has the meaning given - for a water supply licence, in paragraph 11 of schedule 2a to the wia ; and for a sewerage licence, in paragraph 1 of schedule 2b to the wia ; and "person associated with the relevant licensee" means a person associated with, in relation to water supply, the water licensee or, in relation to the provision of sewerage services, the sewerage licensee; "retail authorisation" has the meaning given - for a water supply licence, in paragraph 3 of schedule 2a to the wia; for a sewerage licence, in paragraph 1 of schedule 2b to the wia; "self-supply" means situations where a water supply licensee or sewerage licensee supplies water or provides sewerage services, as appropriate, to the premises of the relevant licensee or a person associated with the relevant licensee; "sewerage system", in relation to an english sewerage undertaker or english sewerage wholesaler, has the meaning given by section 17ba(7) of the wia ; "water supply system", in relation to an english water undertaker or english water wholesaler, has the same meaning as "supply system" in section 17b(4a) of the wia . exclusions 17b 1 nothing in this part requires an english service provider or english wholesaler - a to give notice to more than one person in respect of the same premises; or b to make a payment to more than one person in respect of any one claim. 2 nothing in this part, and nothing done by an english service provider or english wholesaler in consequence of this part, determines who is beneficially entitled to a payment made under this part, or in respect of any particular act or omission relating to the same premises. keeping of appointments 17c 1 this regulation applies if a representative of an english service provider or english wholesaler is to visit a customer's premises in connection with the provision of water supply services or sewerage services. 2 if the representative requires access to the premises, or it would otherwise be reasonable to expect the customer or a person acting on the customer's behalf to be on the premises, the english service provider or english wholesaler must - a consult the customer orally or in writing to try to agree on a day to attend the premises; and b give the customer notice, orally or in writing, of when the representative will attend the premises. 3 the notice in paragraph (2) must specify - a the premises; b the date that the representative will attend them; c either - i if the customer so requests, a period of two hours during which the visit will be made; or ii otherwise, whether the visit will be made during the morning or the afternoon; and d if the notice specifies that the visit will be made during the morning or afternoon, at what times the english service provider or english wholesaler regards the morning or afternoon, as the case requires, as beginning and ending. 4 subject to paragraph (6) - a the english service provider must pay the customer 20 if - i the english service provider or english wholesaler gives a notice that is not in accordance with paragraph (3); ii a representative does not attend the premises on the date specified in the notice; or iii a representative does attend the premises on that date, but - aa if the notice specified a two-hour period for the attendance, the representative does not attend during the specified period; or bb if the notice specified that the representative would attend during the morning or afternoon, the representative does not attend during the period specified as being the period of the morning or the afternoon, as the case requires; and b if the english wholesaler is responsible for a breach that gives rise to a payment obligation on the english service provider under sub-paragraph (a) it must pay the english service provider in accordance with regulation 17k. 5 no claim by the customer for the payment under paragraph (4)(a) is necessary. 6 the english service provider need not pay the customer, and the english wholesaler need not pay the english service provider, under paragraph (4) if - a the customer cancels the appointment; b the english service provider or english wholesaler cancels the appointment by giving the customer at least 24 hours' notice, orally or in writing, of the cancellation; or c it became impracticable, for a reason mentioned in paragraph (7), for the representative to keep the appointment, and the english service provider or english wholesaler could not reasonably have so foreseen in time to enable it - i to cancel the appointment giving 24 hours' notice; or ii to make other suitable arrangements for a representative to attend the premises at the arranged time. 7 the reasons are - a severe weather; b where the appointment is made by the english service provider - i industrial action by employees of the english service provider or the english wholesaler; ii the act or default of a person who is not an officer, employee or agent of the english service provider; or iii the act or default of a person who is not a person acting on behalf of the english service provider or of an agent of the english service provider; and c where the appointment is made by the english wholesaler who is not the english service provider - i industrial action by employees of the english wholesaler or the english service provider; ii the act or default of a person who is not an officer, employee or agent of the english wholesaler; or iii the act or default of a person who is not a person acting on behalf of the english wholesaler or of an agent of the english wholesaler. 8 the representative of an english service provider or the english wholesaler who attended a customer's premises may make and sign a written record stating that the representative attended the premises and the time and date of attendance. 9 unless the customer establishes that the record is incorrect, it is to be treated as confirming that the representative attended the premises as stated in the record. complaints, account queries and requests about payment arrangements 17d 1 this regulation applies where - a a customer of an english service provider complains in writing about the supply of water or the provision of sewerage services by the english service provider; b a customer of an english wholesaler complains in writing about the water supply system or sewerage system of the english wholesaler; or c a customer of an english service provider, apart from in cases of self-supply - i queries, in writing, the correctness of an account for the supply of water or the provision of sewerage services; or ii asks, in writing, for a change to payment arrangements. 2 the english service provider or english wholesaler to whom a complaint is directed must provide a substantive reply to the complaint to the customer within 10 working days. 3 the english service provider must provide a substantive reply to the customer - a to a query, within 10 working days; or b to a request for a change to payment arrangements that cannot be met, within 5 working days. 4 the first day of the period for reply is the day after the day when the english service provider, or english wholesaler, as appropriate, receives the complaint, query or request. 5 subject to paragraph (7) - a the english service provider must pay the customer 20 if - i the english wholesaler does not comply with paragraph (2); or ii the english service provider does not comply with paragraph (2) or (3); and b if the english wholesaler does not comply with paragraph (2) it must pay the english service provider in accordance with regulation 17k. 6 no claim by the customer for the payment under paragraph (5)(a) is necessary. 7 the english service provider need not pay the customer, and the english wholesaler need not pay the english service provider, under paragraph (5) if - a the address that the customer wrote to was not a notified address of the english service provider or english wholesaler, as appropriate, for a complaint, query or request of that kind; b the customer does not wish to pursue the complaint, query or request and has so informed the english service provider or english wholesaler, as appropriate; c in the case of a complaint, query or request to the english service provider, it was impracticable to send a reply within the required period because of - i industrial action by employees of the english service provider or the english wholesaler; ii the act or default of a person who is not an officer, employee or agent of the english service provider; or iii the act or default of a person who is not a person acting on behalf of the english service provider or of an agent of the english service provider; or d in the case of a complaint to the english wholesaler who is not the english service provider, it was impracticable to send a reply within the required period because of - i industrial action by employees of the english wholesaler or the english service provider; ii the act or default of a person who is not an officer, employee or agent of the english wholesaler; or iii the act or default of a person who is not a person acting on behalf of the english wholesaler or of an agent of the english wholesaler; or e in the case of a reply to a complaint or query - i the complaint or query was frivolous or vexatious; or ii the english service provider or english wholesaler reasonably considered that a visit was necessary before replying, and severe weather made that visit impracticable. 8 for the purposes of paragraph (7)(a) - a an address of an english service provider is a notified address of the english service provider for a complaint, query or request of a particular kind if the english service provider has notified that address to its customers as the appropriate address for a complaint, query or request of that kind by - i publishing it in a telephone directory; ii notifying it on the english service provider's website; or iii showing it on the english service provider's publicity material; and b an address of an english wholesaler is a notified address of the english wholesaler for a complaint if the english wholesaler has notified that address to its customers as the appropriate address for a complaint by - i publishing it in a telephone directory; ii notifying it on the english wholesaler's website; or iii showing it on the english wholesaler's publicity material. 9 for the purposes of this regulation - a "english wholesaler" includes a relevant authority that is carrying out sewerage functions on behalf of an english undertaker under arrangements entered into, or to be treated as entered into, for the purposes of section 97 of the wia (performance of sewerage undertaker's functions by local authorities etc. ); and b a complaint to such a relevant authority is taken, for the purposes of paragraph (2), to have been received by the english undertaker on whose behalf the relevant authority provides services on the date on which the undertaker received it from the relevant authority. 10 in this regulation - "a change to payment arrangements" includes a change to the frequency of payments (including instalment payments); "payment arrangements" means the arrangements by which a customer makes payments (including instalment payments) to the english service provider; and "relevant authority" has the meaning given by section 97(5) of the wia. notice of interruption of supply 17e 1 this regulation applies where an english wholesaler exercises its power under section 60(1) of the wia (disconnections for the carrying out of necessary works). 2 if the english wholesaler is required to serve a notice under section 60(3) of the wia, the english wholesaler must - a specify in the notice - i the earliest date and time after which the english wholesaler reasonably expects that the supply will be interrupted or cut off; and ii the latest date and time by which the english wholesaler reasonably expects that the supply will be restored; and b if the water is to be cut off for more than four hours, give at least 48 hours' notice before the supply is interrupted or cut off. 3 paragraph (4) applies if, because of an emergency, an english wholesaler - a interrupts or cuts off the supply of water to the premises of a customer; and b is excused from the requirement under section 60(3) of the wia to serve a notice. 4 if this paragraph applies the english wholesaler must, as soon as is reasonably practicable, take all reasonable steps to notify each affected customer - a that the supply has been interrupted or cut off; b where an alternative supply can be obtained; c of the time by which it is proposed that the supply should be restored; and d of the telephone number of an office from which further information may be obtained. 5 subject to paragraph (7), if the english wholesaler fails to comply with paragraph (2)(b) - a the english service provider must pay each customer whose supply of water was interrupted or cut off - i if the supply is to domestic premises, 20; and ii if the supply is to premises of any other kind, 50; and b the english wholesaler must pay the english service provider in accordance with regulation 17k. 6 no claim by the customer for the payment under paragraph (5)(a) is necessary unless the english service provider could not practicably have identified the customer as having been affected. 7 the english service provider need not pay the customer, and the english wholesaler need not pay the english service provider, under paragraph (5) - a if it was impracticable to give notice by the time required because of - i industrial action by employees of the english wholesaler or the english service provider; ii the act or default of a person who is not an officer, employee or agent of the english wholesaler; or iii the act or default of a person who is not a person acting on behalf of the english wholesaler or of an agent of the english wholesaler; or b if - i the english service provider could not practicably have identified the customer as having been affected; and ii the customer does not make a claim (orally or in writing) to the english service provider for a payment under this regulation within the 3 months following the date on which the supply was interrupted or cut off. entitlement to payment or credit where supply not restored as promised 17f 1 this regulation applies if an english water wholesaler interrupts or cuts off the supply of water to premises, as described in regulation 17e. 2 however, this regulation does not apply if the english wholesaler interrupts or cuts off the supply because of drought. 3 the english wholesaler must restore the supply - a by the time and date specified in the notice, if the english wholesaler has served a notice stating when the supply is to be restored; b within 48 hours after it first became aware that the supply was interrupted or cut off, if the supply was interrupted or cut off in an emergency because of a leak or burst in a strategic main; or c within 12 hours after it first became aware that the supply was interrupted or cut off, if the supply was interrupted or cut off in an emergency, but not because of a leak or burst in a strategic main. 4 subject to paragraph (6), if the english wholesaler fails to restore the supply by the time by which the english wholesaler should, under paragraph (3), have done so - a the english service provider must pay the customer - i where the supply is to domestic premises, 20; ii where the supply is to premises of any other kind, 50; and iii for each subsequent full period of 24 hours during which the supply has not been restored - aa where the supply is to domestic premises, 10; and bb where the supply is to premises of any other kind, 25; and b the english wholesaler must pay the english service provider in accordance with regulation 17k. 5 no claim by the customer for the payment under paragraph (4)(a) is necessary unless the english service provider could not practicably have identified the customer as having been affected. 6 the english service provider need not pay the customer, and the english wholesaler need not pay the english service provider, under paragraph (4) - a if (or, as the case may be, so long as) the english wholesaler was prevented from restoring the supply by - i severe weather; ii industrial action by the employees of the english wholesaler; iii the act or default of a person who is not an officer, employee or agent of the english wholesaler; or iv the act or default of a person who is not a person acting on behalf of the english wholesaler or of an agent of the english wholesaler; b in a case described in paragraph (3)(b) or (c), if the circumstances are so exceptional that it is unreasonable to expect the supply to be restored within the relevant period; or c if - i the english service provider could not practicably have identified the customer has having been affected; and ii the customer does not make a claim (orally or in writing) to the english service provider for a payment under this regulation within the 3 months following the date on which the supply was interrupted or cut off. 7 in this regulation, "strategic main" means a main that conveys water in bulk to centres of population that have no other supply that can fully meet normal demand. pressure standard 17g 1 an english water wholesaler must maintain, in a communication pipe serving premises supplied with water, a minimum water pressure of seven metres static head. 2 if in a period of 28 days the pressure in the communication pipe serving a customer's premises falls below seven metres static head on two occasions each lasting one hour or longer then, subject to paragraphs (3) and (5) - a the english service provider must pay the customer 25; and b the english wholesaler must pay the english service provider in accordance with regulation 17k. 3 paragraph (2) does not apply if the pressure falls below seven meters static head in connection with the carrying out of necessary works or because of drought. 4 no claim by the customer for the payment is necessary unless the english service provider could not practicably have identified the customer as having been affected. 5 the english service provider need not pay the customer, and the english wholesaler need not pay the english service provider, under paragraph (2) where - a the english service provider has already made a payment under this regulation, or the english wholesaler has made a payment under regulation 10, to the customer in respect of another such failure in the same financial year. b if - i the english service provider could not practicably have identified the customer as having been affected; and ii the customer does not make a claim (orally or in writing) to the english service provider for a payment under this regulation within the 3 months following the date of the second relevant occasion on which the pressure fell below seven metres static head for an hour or more; or c it was impracticable to maintain the pressure referred to in paragraph (1) because of - i industrial action by employees of the english wholesaler; ii the act or default of a person who is not an officer, employee or agent of the english wholesaler; or iii the act or default of a person who is not a person acting on behalf of the english wholesaler or an agent of the english wholesaler. 6 in this regulation, "communication pipe" means - a the part of a service pipe between an english wholesaler's water main and the boundary of the street in which the water main is laid; or b if the premises supplied with water abut on the part of the street in which the water main is laid, and the service pipe - i enters those premises otherwise than through the outer wall of a building abutting on the street; and ii has a stopcock in those premises as near to the boundary of the street as reasonably practicable the part of the service pipe between the water main and the relevant stopcock. flooding from sewers - internal flooding of buildings 17h 1 effluent from a sewer that is vested in an english sewerage wholesaler must not enter a customer's building. 2 subject to paragraphs (3) and (5), if effluent from a sewer that is vested in an english sewerage wholesaler enters a building (other than an outbuilding) of a customer - a the english service provider must pay the customer, in respect of each incident of such entry, the lesser of - i a sum equal to the sewerage charges payable by the customer to the english wholesaler for the financial year in which the incident occurs; and ii 1,000; and b the english wholesaler must pay the english service provider in accordance with regulation 17k. 3 if the amount that an english service provider would be required to pay a particular customer for an incident, worked out in accordance with paragraph (2)(a), would be less than 150, the english service provider must pay the customer 150. 4 no claim by the customer for the payment is necessary unless the english service provider could not practicably have identified the customer as having been affected. 5 the english service provider need not pay the customer, and the english wholesaler need not pay the english service provider, under paragraph (2) or (3) - a if the entry of effluent was caused by one or more of the following - i exceptional weather; ii industrial action by employees of the english wholesaler; iii an action of the customer; iv a defect, inadequacy or blockage in the customer's drain or sewer; or b if - i the english service provider could not practicably have identified the customer as having been affected; and ii the customer does not make a claim (orally or in writing) to the english service provider for a payment under this regulation within the 3 months following the date on which the effluent entered the building. 6 for the purposes of this regulation - a in the case of a building that has a suspended floor, the space beneath that floor is part of the building; b effluent is not taken to have entered a building while it is in a drain or sewer. flooding from sewers - external flooding 17i 1 effluent from a sewer that is vested in an english sewerage wholesaler must not enter a customer's land or property. 2 subject to paragraphs (3) and (4), if effluent from a sewer that is vested in an english sewerage wholesaler enters the land or property (including any outbuilding) of a customer - a the english service provider must pay the customer, for each incident of such entry, the lesser of - i a sum equal to 50% of the sewerage charges payable by the customer to the english service provider for the financial year in which the incident occurs; or ii 500; and b the english wholesaler must pay the english service provider in accordance with regulation 17k. 3 if the amount that an english service provider would be required to pay a particular customer for an incident, worked out in accordance with paragraph (2), would be less than 75, the english service provider must pay the customer 75. 4 the english service provider need not pay the customer, and an english wholesaler need not pay the english service provider, under paragraph (2) or (3) if - a the entry of effluent was caused by one or more of the following - i exceptional weather; ii industrial action by the employees of the english wholesaler; iii an action of the customer; iv a defect, inadequacy or blockage in the customer's drain or sewer; b the english service provider was required by regulation 17h to make a payment to the same customer in respect of the same incident; c the customer was not materially affected by the incident; or d the customer does not make a claim to the english service provider for the payment, in accordance with paragraph (5), within the 3 months following the date on which the effluent entered the customer's land or property. 5 with the customer's claim for the payment the customer must provide a written statement showing the effect of effluent on the customer's land or property. 6 in deciding whether a customer was materially affected by the entry of effluent during an incident of flooding, an english service provider must take into account - a what parts of the customer's land or property the effluent entered; b the duration of the flooding; c the extent of the flooding; d whether the flooding restricted the access to the land or property; e whether the flooding restricted the use of the land or property; and f any other relevant considerations of which the english service provider is aware. 7 for the purposes of this regulation, effluent is not taken to have entered land or property while it is in a drain or sewer. timing of payments 17j 1 if regulation 17c or 17d requires an english service provider to make a payment to a customer, the english service provider must make it within 10 working days of its becoming payable. 2 the english service provider must pay the customer a further 10 if - a the english service provider fails to make the payment in accordance with paragraph (1); and b the customer makes a written claim for payment under this paragraph within 3 months after the payment referred to in paragraph (1) becomes payable. 3 if regulation 17e, 17f, 17h, or 17i requires an english service provider to make a payment to a customer, the english service provider must make it within 20 working days of its becoming payable. 4 if the english service provider fails to make the payment in accordance with paragraph (3), the english service provider must pay the customer - a in the case of a payment under regulation 17e(5)(a)(i), 17f(4)(a)(i) or 17f(4)(iii)(aa) (payments in relation to the supply of water to domestic premises), a further 20; and b in any other case, a further 50. 5 for the purposes of this regulation, a payment payable under any of regulations 17c to 17f, 17h or 17i becomes payable - a if the customer concerned must make a claim for the payment, at the end of the day on which the english service provider receives that claim; or b if no such claim is necessary, at the end of the day on which the relevant breach of a service standard occurred. payments by english wholesalers to english service providers 17k 1 this regulation applies where - a an english wholesaler is responsible for a breach of a service standard that gives rise to a payment obligation on the english service provider under any of regulations 17c to 17i; and b the english wholesaler is not the english service provider. 2 where this regulation applies the english wholesaler must pay the english service provider the sum required to be paid by the english service provider to the customer for the breach of the service standard specified in the relevant regulation. 3 the english wholesaler must make any payment required by paragraph (2) by the payment deadline. 4 for the purposes of this regulation "the payment deadline" means the day by which the english service provider must pay the customer under regulation 17j(1) or (3) as appropriate. means of payment, including where customer is in arrears 17l 1 a customer who is entitled to payment under this part may ask the english service provider concerned to make the payment directly to the customer. 2 if the customer has not asked for direct payment, the english service provider may make the payment directly to the customer or by credit to the customer's account. 3 if - a a customer of an english service provider is entitled to a payment under this part but owes money to the english service provider; and b at the material time, the customer's debt to the english service provider has been outstanding for more than 6 weeks; the english service provider must make the payment, or so much of it as does not exceed the amount that the customer owes, by credit to the customer's account. 4 for the purposes of paragraph (3)(b), "the material time" is - a if the payment is payable without a written claim being made, the time when it becomes payable; or b otherwise, the time when the customer makes a written claim for it. payments not to affect other legal liabilities 17m 1 the making of a payment by an english service provider to a customer in consequence of a claim or potential claim for payment under this part is not an admission by that english service provider of any liability other than an obligation to comply with these regulations. 2 the acceptance by a customer of a payment or credit made in consequence of this part does not affect any liability of the english service provider to the customer other than its liability under these regulations. notice of rights to be given to customers 17n 1 an english service provider must, at least once in every financial year, give every customer to whom it sends an account in that year a detailed statement of the rights provided by this part. 2 if an english service provider is aware that accounts to a customer cover the supply of water or sewerage services to other customers it must - a give the customer enough copies of the statement referred to in paragraph (1) to enable the customer to give a copy to each of those other customers; or b send a copy of the statement to each of those other customers directly. reference of disputes to the authority 17o 1 in this regulation, "dispute" means - a a dispute between an english service provider and a customer as to the right of the customer to a payment or a credit to the customer's account; or b a dispute between an english service provider and an english wholesaler as to the right of the english service provider to a payment under regulation 17k or the right of a customer to a payment or credit to the customer's account. 2 if a dispute arises under this part either party to the dispute may refer the matter to the authority for determination. 3 the authority may require an english service provider, an english wholesaler or a customer to provide information or other assistance for the purpose of enabling the authority to make a determination under paragraph (2). 4 a requirement imposed on an english service provider or an english wholesaler under paragraph (3) is enforceable under section 18 of the wia (orders for securing compliance with certain provisions) by the authority. 5 if a dispute under paragraph (1)(a) is determined by the authority in the customer's favour but the english service provider fails to give effect to the determination, the customer may set off the amount in question against any liability that he has to the english service provider. review 17p 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in this part, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 1st april 2022. 3 subsequent reports must be published at intervals not exceeding five 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) above; 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 meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). 8 regulation 18 becomes part 4, entitled "revocation". transitional provision 9 1 this regulation applies where - a a breach of a service standard, prescribed by the principal regulations, by a water or sewerage undertaker whose area is wholly or mainly in england occurs before 1st april 2017; and b that undertaker has not made a payment to the customer or credited the customer's account in relation to that breach pursuant to the principal regulations before that date. 2 where this regulation applies, the principal regulations, except regulation 14, continue to apply in relation to the breach referred to in paragraph (1) as if they had not been amended by these regulations until - a the undertaker makes a payment to the customer for that breach; or b the authority determines that no such payment is required. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 28th february 2017

citation and commencement 1 these regulations may be cited as the deregulation act 2015 (birmingham city council act 1985) (repeal) regulations 2017 and come into force on 10th april 2017. repeal of the birmingham city council act 1985 2 the birmingham city council act 1985 is repealed. signed by the authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 13th march 2017

citation 1 this order may be cited as the welfare reform act 2012 (commencement no. 17, 19, 22, 23 and 24 and transitional and transitory provisions (modification)) order 2017. interpretation 2 1 in this order - "claimant" - in relation to an employment and support allowance, has the same meaning as in part 1 of the welfare reform act 2007 ; in relation to a jobseeker's allowance, has the same meaning as in the jobseekers act 1995 (as it applies apart from the amendments made by part 1 of schedule 14 to the welfare reform act 2012 that remove references to an income-based jobseeker's allowance); in relation to universal credit, has the same meaning as in part 1 of the welfare reform act 2012 ; "the claims and payments regulations 1987" means the social security (claims and payments) regulations 1987 ; "employment and support allowance" means an employment and support allowance under part 1 of the welfare reform act 2007; "jobseeker's allowance" means a jobseeker's allowance under the jobseekers act 1995; "the no. 17 order" means the welfare reform act 2012 (commencement no. 17 and transitional and transitory provisions) order 2014 ; "the no. 19 order" means the welfare reform act 2012 (commencement no. 19 and transitional and transitory provisions and commencement no. 9 and transitional and transitory provisions (amendment)) order 2014 ; "the no. 22 order" means the welfare reform act 2012 (commencement no. 22 and transitional and transitory provisions) order 2015 ; "the no. 23 order" means the welfare reform act 2012 (commencement no. 23 and transitional and transitory provisions) order 2015 ; "the no. 24 order" means the welfare reform act 2012 (commencement no. 24 and transitional and transitory provisions and commencement no. 9 and transitional and transitory provisions (amendment)) order 2015 . 2 for the purposes of this order, the universal credit, personal independence payment, jobseeker's allowance and employment and support allowance (claims and payments) regulations 2013 apply for the purpose of deciding - a whether a claim for universal credit is made; and b the date on which the claim is made. 3 for the purposes of this order, the claims and payments regulations 1987 apply, subject to paragraphs (4) and (5), for the purposes of deciding - a whether a claim for an employment and support allowance or a jobseeker's allowance is made; and b the date on which the claim is made or treated as made. 4 subject to paragraph (5), for the purposes of this order - a a person makes a claim for an employment and support allowance or a jobseeker's allowance if that person takes any action which results in a decision on a claim being required under the claims and payments regulations 1987; and b it is irrelevant that the effect of any provision of those regulations is that, for the purposes of those regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken. 5 where, by virtue of - a regulation 6(1f)(b) or (c) of the claims and payments regulations 1987 , in the case of a claim for an employment and support allowance; or b regulation 6(4za) to (4zd) and (4a)(a)(i) and (b) of those regulations , in the case of a claim for a jobseeker's allowance, a claim for an employment and support allowance or a jobseeker's allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (4)(a) is taken, the claim is treated as made on that earlier date. modification of the no. 17 order, the no. 19 order, the no. 22 order and the no. 24 order: removal of the gateway conditions 3 the provisions specified in the first column of the table in the schedule have effect as though the reference in those provisions to meeting the gateway conditions were omitted, in respect of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, by a claimant residing in any postcode specified in the corresponding entry in the second column, on or after the date specified in the corresponding entry in the third column. modifications of the no. 17 order, the no. 19 order, the no. 22 order and the no. 24 order in consequence of removal of the gateway conditions 4 1 this article applies in respect of claims in relation to which provisions of the no. 17 order, the no. 19 order, the no. 22 order and the no. 24 order are modified by article 3. 2 where this article applies, the following modifications also have effect - a those made to the no. 17 order by article 10(2) of the welfare reform act 2012 (commencement no. 29 and commencement no. 17, 19, 22, 23 and 24 and transitional and transitory provisions (modification)) order 2017 ; and b those made to the no. 19 order, the no. 22 order and the no. 24 order by articles 13(2), 14(2) and 15(2) respectively of the welfare reform act 2012 (commencement no. 19, 22, 23 and 24 and transitional and transitory provisions (modification)) order 2016 . modification of the no. 23 order: claims for housing benefit, income support or a tax credit 5 1 this article applies in respect of claims in relation to which the provisions referred to in paragraph (2)(a) to (d) are modified by article 3. 2 where this article applies, article 7 of the no. 23 order (prevention of claims for housing benefit, income support or a tax credit) applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that order included a reference to - a paragraph (1) and sub-paragraphs (c), (e) and (k) of paragraph (2) of article 3 of the no. 17 order; b paragraph (1) and sub-paragraphs (a), (b), (f), (g) and (i) to (l) of paragraph (2) of article 3 of the no. 19 order; c paragraph (1) and sub-paragraphs (b), (e) to (j), (l), (n) and (p) to (u) of paragraph (2) of article 3 of the no. 22 order; and d paragraph (1) and sub-paragraphs (a) to (m), (o) to (u) and (w) to (bb) of paragraph (2) of article 3 of the no. 24 order. david gauke secretary of state department for work and pensions 28th september 2017

citation 1 these regulations may be cited as the immigration act 2016 (commencement no. 6) regulations 2017. provision coming into force on 1st january 2018 2 section 73 of the immigration act 2016 (extension to wales, scotland and northern ireland) comes into force on 1st january 2018. brandon lewis minister of state home office 4th december 2017

part 1 preliminary citation and commencement 1 this order may be cited as the national grid (richborough connection project) development consent order 2017 and comes into force on 24th august 2017. interpretation 2 1 in this order, unless the context requires otherwise, - "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 1981 act " means the compulsory purchase (vesting declarations) act 1981 ; "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 ; "the 2009 act " means the marine and coastal access act 2009 ; "the access and rights of way and public rights of navigation plans" means the plans listed in part 2 of schedule 2 (plans and drawings) as the access and rights of way and public rights of navigation plans, certified by the secretary of state under article 43 (certification of plans, etc. ) for the purposes of this order; "the archaeological mitigation written scheme of investigation" means the scheme included as part of the cemp identifying steps to mitigate predicted effects on archaeology, geo-archaeology, palaeo-environmental and historic landscape heritage assets during construction of the authorised development and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "authorised development" means the development and associated development, described in schedule 1 (authorised development), including any related development authorised by this order, which is development within the meaning of section 32 of the 2008 act; "the biodiversity mitigation strategy" means the strategy included as part of the cemp incorporating measures to avoid, reduce, mitigate and compensate for likely adverse effects on ecological receptors arising from the construction of the authorised development and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "the book of reference" means the book of reference certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "building" includes any structure or erection or any part of a building, structure or erection; "business day" means monday to friday excluding bank holidays and other public holidays; "carriageway" has the same meaning as in the 1980 act; "cemp" means the construction environmental management plan (document 5.4.3.c(d)) including the archaeological mitigation written scheme of investigation (document 5.4.3f(b)), the biodiversity mitigation strategy (document 5.4.3e(c)), the construction traffic management plan (document 5.4.3g(c)), the public rights of way management plan (document 5.4.3h(c)), the outline waste management plan (document 5.4.3d(a)) and the noise and vibration management plan (document 8.8(b)) certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "compulsory acquisition notice" means a notice served in accordance with section 134 of the 2008 act (notice of authorisation of compulsory acquisition); "the construction traffic management plan" means the plan included as part of the cemp incorporating strategies and measures to limit the impact on existing users of the public highway network arising from construction of the authorised development and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "the deemed marine licence" means the marine licence set out in schedule 9 (deemed marine licence); "the design drawings" means the drawings listed in part 3 of schedule 2 (plans and drawings) as the design drawings and certified by the secretary of state under article 43 (certification of plans, etc.) 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 environmental statement (january 2016 - documents 5.1 to 5.4) as submitted by national grid electricity transmission plc to support its application for development consent and the documents contained in or named in the consolidated errata and changes (document 5.2.1(c)); "the extinguishment of easements, servitudes and other rights plans" means the extinguishment of easements, servitudes and other rights plans listed in part 6 of schedule 2 (plans and drawings) and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "foundations" means a foundation placed in land to support pylons and electric lines constructed upon those foundations; "highway" has the same meaning as in the 1980 act; "the highway authority" means kent county council; "the land plans" means the plans listed in part 4 of schedule 2 (plans and drawings) as the land plans and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "limits of deviation" means the limits of deviation referred to in article 5 (limits of deviation) and shown on the works plans; "the location plan" means the plan listed in part 1 of schedule 2 (plans and drawings) as the location plan and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "main river" has the same meaning as in part 4 of the water resources act 1991 ; "maintain" includes inspect, repair, adjust, alter, remove, reconstruct or replace the authorised development, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of "maintain" must be construed accordingly; " mmo " means the marine management organisation; "national grid" means national grid electricity transmission plc (registered company number 2366977); "noise and vibration management plan" means the plan included as part of the cemp incorporating measures for the management of noise and vibration arising from the construction of the authorised development and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; " the order land" means the land shown on the land plans which is within the order limits and described in the book of reference; "the order limits" means the limits shown on the land plans and on the works plans within which the authorised development may be carried out; "the outline waste management plan" means the plan included as part of the cemp incorporating measures for the management of waste arising from the construction of the authorised development, certified under article 43 (certification of plans, etc.); "owner", in relation to land, has the same meaning as in section 7 of the acquisition of land act 1981 ; "the public rights of way management plan" means the plan included as part of the cemp detailing measures to manage the temporary closure of public footpaths arising from the construction of the authorised development and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "relevant local authority" means, in any given provision of this order, the local authority for the area to which the provision relates; "relevant planning authority" means, in any given provision of this order, the local planning authority for the area to which the provision relates; "requirements" means the requirements as set out in schedule 3 (requirements) and any numbered requirement must be construed accordingly; "sewerage undertaker" means a company appointed under the water industry act 1991 to provide sewerage services in respect of a geographical area of england and wales; "the special category land and crown land plans" means the plans listed in part 5 of schedule 2 (plans and drawings) as the special category land and crown land plans and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "statutory undertaker" means, unless the contrary is apparent, any person falling within section 127(8) and section 138(4a) and (4b) of the 2008 act; "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 part of a street; "street authority", in relation to a street, has the same meaning as in part 3 of the 1991 act; "the temporary construction works" means work nos. 2 and 3; "traffic" has the same meaning as in section 329(1) of the 1980 act; "traffic authority" has the same meaning as in the 1984 act; "the traffic regulation order plans" means the plans listed in part 7 of schedule 2 (plans and drawings) as the traffic regulation order plans and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "the trees and hedgerows to be removed or managed plans" means the plans listed in part 8 of schedule 2 (plans and drawings) as the trees and hedgerows to be removed or managed plans and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order; "the tribunal" means the lands chamber of the upper tribunal; " uk power networks" means uk power networks operations limited (registered company number 03870728) and/or its affiliate south eastern power networks plc (registered company number 03043097) as applicable; "the uk power networks works" means works nos. 4a, 4b, 4c, 5a, 5b, 5c, 5d, 6a, 6b, 6c, 6d, 6e and 6f and any associated development in connection with those works, described in schedule 1 (authorised development); "the undertaker" - in relation to the authorised development, means national grid; and in relation to the uk power networks works, and subject to article 6(4), includes uk power networks; "watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, rhynes, sewers and passages through which water flows except a public sewer or drain; and "the works plans" means the plans listed in part 9 of schedule 2 (plans and drawings) as the works plans and certified by the secretary of state under article 43 (certification of plans, etc.) for the purposes of this order. 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 restrictions over land which interfere with the interests or rights of another and are for the benefit of land which is acquired, or rights over which are acquired, under this order. 3 all distances, directions and lengths referred to in this order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work. 4 all areas described in square metres in the book of reference are approximate. 5 references in this order to points identified by letters, or numbers, are to be construed as references to points so lettered or numbered on the access and rights of way plans. 6 references in this order to numbered works are references to the works as numbered in schedule 1 (authorised development). 7 references in this order to "document" followed by a number or numbers are references to documents submitted by national grid in support of the application for development consent that resulted in the making of this order. 8 for the purposes of this order, "operational use" in relation to any part of the authorised development occurs when that part first transmits electricity at either 132kv or 400kv. part 2 principal powers development consent etc. granted by the order 3 1 subject to the provisions of this order and to the requirements to this order - a national grid is granted development consent for the authorised development set out in schedule 1 (authorised development); and b subject to article 6(4), uk power networks is granted development consent for the uk power networks works. 2 national grid may - a install the authorised development; and b keep installed the above ground electric lines included in the authorised development except those above-ground electric lines included in the uk power networks works. 3 uk power networks may - a subject to article 6(4), install the uk power networks works; and b keep installed the above-ground electric lines included in the uk power networks works. 4 the authorised development must be constructed, installed and kept installed in the lines and situations shown on the works plans in schedule 2 (plans and drawings), subject to article 5 (limits of deviation) and to the requirements set out in schedule 3 (requirements). 5 schedule 2 (plans and drawings) has effect. maintenance of authorised development 4 1 national grid may at any time maintain the authorised development (excluding the uk power networks works), except to the extent that this order or an agreement made under this order provides otherwise. 2 uk power networks may at any time maintain the uk power networks works, except to the extent that this order or an agreement made under this order provides otherwise. limits of deviation 5 in carrying out the authorised development for which it is granted development consent by article 3(1) (development consent etc. granted by the order) the undertaker may - a deviate laterally from the lines or situations of the authorised development shown on the works plans within the limits of deviation relating to that work shown on those plans and carry out construction activities for the purposes of the authorised development anywhere within the order limits; and b deviate vertically from the levels of the authorised development shown on the design drawings - i to any extent not exceeding 4 metres upwards; or ii to any extent downwards as may be found to be necessary or convenient. benefit of order 6 1 the provisions of this order have effect for the benefit of - a national grid in respect of the authorised development; and b subject to paragraph (4), uk power networks in respect of the uk power networks works. 2 uk power networks may not carry out the uk power networks works under article 3(1)(b) (development consent etc. granted by the order) except in accordance with the written consent of national grid, which may be granted subject to reasonable conditions. 3 if uk power networks fails to carry out the uk power networks works in accordance with national grid's consent, national grid may give uk power networks and the secretary of state a notice that national grid intends to carry out the uk power networks works under article 3(1)(a) from a date specified in the notice. 4 on the date specified in the notice referred to in paragraph (3), and subject to paragraph (5) - a uk power networks is to cease to have the benefit of article 3(1)(b); b uk power networks is to cease to be an undertaker for the purposes of the installation of the uk power networks works; and c references to uk power networks in article 29 are to be read as including national grid. 5 where a notice is issued under paragraph (3), paragraph (4) does not affect the following insofar as they apply to uk power networks - a the operation of the following articles of this order - i article 3(3)(b), (4) and (5); ii article 4(2); iii article 5 iv this article; and b works done and actions undertaken prior to the date specified in that notice. 6 the exercise by uk power networks of any benefits or rights conferred on it by this order is subject to the same restrictions, liabilities and obligations as would apply under this order if those benefits or rights were exercised by national grid. 7 paragraph (1) does not apply where the consent granted by this order is expressed to be for the benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development. consent to transfer benefit of order 7 1 national grid, and uk power networks in relation to the uk power networks works, may, with the consent of the secretary of state - a transfer to another person ("the transferee") any or all of the benefit of the provision of this order and such related statutory rights as may be agreed between national grid or uk power networks and the transferee; or b grant to another person ("the lessee") for a period agreed between national grid or uk power networks and the lessee any or all of the benefit of the provisions of this order and such related statutory rights as may be so agreed. 2 the secretary of state must consult the mmo before giving consent to the transfer or grant to another person of the whole or part of the benefit of the provisions of the deemed marine licence. 3 where a transfer or grant has been made in accordance with paragraph (1) references in this order to national grid or uk power networks (as the case may be), except in paragraph (4), is to include references to the transferee or the lessee. 4 the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) must be subject to the same restrictions, liabilities and obligations as would apply under this order if those benefits or rights were exercised by national grid or uk power networks. application of the 1990 act 8 1 this article applies where the land is used for the temporary construction works. 2 where this article applies, section 57(2) of the 1990 act (planning permission required for development) applies as if the development consent granted by this order were planning permission granted for a limited period. application of the community infrastructure levy regulations 2010 9 1 the community infrastructure levy regulations 2010 apply to the authorised development as if regulation 5(2) of those regulations (meaning of "planning permission") referred to development consent which is deemed to be granted for a limited period by an order made under section 114(1)(a) of the 2008 act (grant or refusal of development consent) rather than to planning permission which is granted for a limited period. 2 development consent is deemed to be granted for a limited period for the temporary construction works and any other temporary buildings or works authorised by this order. part 3 streets street works 10 1 the undertaker may, for the purposes of the authorised development, enter upon so much of any of the streets specified in column (2) of schedule 5 (streets subject to street works) as is within the order limits and may - a break up or open the street, or any sewer, drain or tunnel within or under it; b tunnel or bore under the street; c remove or use all earth and materials in or under the street; d place and keep apparatus in the street; e maintain apparatus in the street or change its position; f execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e). 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 the powers conferred in paragraphs (1) and (2) are without limitation on the powers of the undertaker under the electricity act 1989 . 4 in this article "apparatus" has the meaning given in part 3 of the 1991 act. application of the 1991 act 11 1 works carried out under this order in relation to a highway which consists of or includes a carriageway must be treated for the purposes of part 3 of the 1991 act (street works in england and wales) as major highway works if - a they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of the 1991 act (which defines what highway authority works are major highway works); or b they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 of the 1980 act (dual carriageways and roundabouts). 2 the provisions of the 1991 act mentioned in paragraph (3) (which, together with other provisions of that act, apply in relation to the carrying out of street works) and any regulations made, or code of practice issued or approved, under those provisions apply (with necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 13 (temporary stopping up of streets and public rights of way) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that act. 3 the provisions of the 1991 act referred to in paragraph (2) are - a section 54 (advance notice of certain works), subject to paragraph (4); b section 55 (notice of starting date of works), subject to paragraph (4); c section 57 (notice of emergency works); d section 59 (general duty of street authority to co-ordinate works); e section 60 (general duty of undertakers to co-operate); f section 68 (facilities to be afforded to street authority); g section 69 (works likely to affect other apparatus in the street); h section 71 (materials, workmanship and standard of reinstatement); i section 76 (liability for cost of temporary traffic regulation); and j section 77 (liability for cost of use of alternative route); and all such other provisions as apply for the purposes of the provisions mentioned in sub-paragraphs (a) to (j). 4 sections 54 and 55 of the 1991 act as applied by paragraph (1) have effect as if references in section 57 of that act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency. power to alter layout, etc. of streets 12 1 the undertaker may for the purposes of carrying out the authorised development temporarily alter the layout of or carry out any works in a street specified in column (1) schedule 6 (streets subject to temporary alteration of layout) in the manner specified in relation to that street in column (2). 2 without limitation on the specific powers conferred by paragraph (1), but subject to paragraph (4), the undertaker may, for the purposes of constructing and maintaining the authorised development, temporarily alter the layout of any street within the order limits and the layout of any street having a junction with such a street; and, without limiting the scope of this paragraph, the undertaker may - a increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; b alter the level or increase the width of any such kerb, footpath, footway, cycle track or verge; c reduce the width of the carriageway of the street; d make and maintain crossovers and passing places; e carry out works for the provision or alteration of parking places, loading bays and cycle tracks; and f execute any works to provide or improve sight lines required by the highway authority. 3 the undertaker must restore to the reasonable satisfaction of the street authority any street that has been temporarily altered under this article. 4 the powers conferred by paragraph (2) must not be exercised without the consent of the street authority. 5 if a street authority which receives an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent. temporary stopping up of streets and public rights of way 13 1 during and for the purposes of carrying out the authorised development, the undertaker may temporarily stop up, alter or divert any street or public right of way shown on the access and rights of way plans or within the order limits and may for any reasonable time - a divert the traffic from the street or public right of way; and b subject to paragraph (3), prevent all persons from passing along the street or public right of way. 2 without limitation on the scope of paragraph (1), the undertaker may use as a temporary working site any street or public right of way which has been temporarily stopped up, altered or diverted under the powers conferred by this article. 3 the undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or public right of way affected by the temporary stopping up, alteration or diversion under this article if there would otherwise be no such access. 4 without limitation on the scope of paragraph (1), the undertaker may temporarily stop up, alter or divert the streets or public rights of way specified in columns (1) and (2) of parts 1 and 2 of schedule 7 (streets or public rights of way to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the access and rights of way plans, in column (3) of that schedule, and, if it does so in respect of a street or public right of way specified in part 1 of schedule 7, must provide the temporary diversion as specified in column (4) of that part. 5 the undertaker must not temporarily stop up, alter or divert - a any street or public right of way specified as mentioned in paragraph (4) without first consulting the street authority; and b any other street or public right of way without the consent of the street authority which may attach reasonable conditions to any consent. 6 any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 7 if a street authority which receives an application for consent under paragraph (5)(b) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent. access to works 14 1 the undertaker may, for the purposes of the authorised development and with the consent of the relevant planning authority, after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the order limits as the undertaker reasonably requires for the purposes of the authorised development. 2 if a relevant planning authority which receives an application for consent under paragraph (1) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent. agreements with street authorities 15 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 over or under an electric line authorised by this order; b the maintenance of the structure of any bridge or tunnel carrying a street over or under an electric line authorised by this order; c any stopping up, alteration or diversion of a street authorised by this order; or d the carrying out in the street of any of the works referred to in article 10 (street works). 2 such an agreement may, without limitation on the scope 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 the street authority specifying a reasonable time for the completion of the works; and c contain such terms as to payment and other matters as the parties consider appropriate. part 4 supplemental powers discharge of water 16 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 and for that purpose may lay down, take up and alter pipes and may, on any land within the order limits, make openings into, and connections with, a 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 must 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. 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; and b where that person has been given the opportunity to supervise the making of the opening. 5 the undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river. 6 the undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the environmental permitting (england and wales) regulations 2010 . 8 this article does not permit any activity listed in paragraph 3(1) of schedule 21 to the environmental permitting (england and wales) regulations 2010. 9 if a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application that person is deemed to have granted consent or given approval, as the case may be. 10 in this article - a "public sewer or drain" means a sewer or drain which belongs to the homes and communities agency, the environment agency, a harbour authority within the meaning of section 57 of the harbours act 1964 , an internal drainage board, a joint planning board, a local authority, the highway 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 environmental permitting (england and wales) regulations 2010 have the same meaning as in those regulations. protective work to buildings 17 1 subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the order limits as the undertaker considers necessary or expedient. 2 protective works may be carried out - a at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or b after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first brought into operational use. 3 for the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage. 4 for the purpose of carrying out protective works under this article to a building the undertaker may (subject to paragraphs (5) and (6)) - a enter the building and any land within its curtilage; and b where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it). 5 before exercising - a a right under paragraph (1) to carry out protective works to a building; b a right under paragraph (3) to enter a building and land within its curtilage; c a right under paragraph (4)(a) to enter a building and land within its curtilage; or d a right under paragraph (4)(b) to enter land, the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specify the protective works proposed to be carried out. 6 where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 48 (arbitration). 7 the undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights. 8 where - a protective works are carried out under this article to a building; and b within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first brought into operational use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development, the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them. 9 nothing in this article relieves the undertaker from any liability to pay compensation under section 10(2) of the 1965 act (compensation for injurious affection). 10 any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under part 1 of the 1961 act (determination of questions of disputed compensation). 11 in this article "protective works" in relation to a building means - a underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development; and b any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development. authority to survey and investigate the land 18 1 the undertaker may for the purposes of this order enter on any land shown within the order limits and - a survey or investigate the land; b without limitation on the scope of sub-paragraph (a), make trial holes, boreholes or excavations in such positions on the land as the undertaker thinks fit for the purposes of installing or keeping installed the authorised development on the land to investigate the nature of the surface layer and subsoil and remove soil samples; c without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations and monitoring 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, boreholes or excavations. 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; b must, before entering the land, provide in the notice details of the purpose specified in paragraph (1) to survey and investigate the land; and c may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes, boreholes or excavations. 4 no trial holes, boreholes or excavations may be made under this article - a on 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. 5 the undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under part 1 of the 1961 act (determination of questions of disputed compensation). 6 if either a highway authority or street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent - a under paragraph (4) (a) in the case of the highway authority; or b under paragraph (4)(b) in the case of a street authority, that authority is deemed to have granted consent. part 5 powers of acquisition compulsory acquisition of right: incorporation of the mineral code 19 parts 2 and 3 of schedule 2 to the acquisition of land act 1981 (minerals) are incorporated into this order subject to the modifications that - a paragraph 8(3) is not incorporated; and b for "the acquiring authority" there is substituted "the undertaker". time limit for exercise of authority to acquire rights compulsorily 20 1 after the end of the period of 5 years beginning on the day on which this 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 1981 act as applied by article 25 (application of the compulsory purchase (vesting declarations) act 1981) . 2 the authority conferred by article 28 (temporary use of land by national grid) and article 29 (temporary use of land by uk power networks) ceases 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. compulsory acquisition of rights 21 1 subject to the provisions of this article the undertaker may acquire compulsorily the rights, and impose the restrictions, over the order land, described in the book of reference, by creating them as well as by acquiring rights and the benefits of restrictions already in existence. 2 this article is subject to article 28 (temporary use of land by national grid) and article 29 (temporary use of land by uk power networks). 3 subject to section 8 of the 1965 act (other provisions as to divided land) as substituted by paragraph 5 of schedule 10 to this order (modification of compensation and compulsory purchase enactments for creation of new rights) where the undertaker 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. 4 schedule 10 to this order 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. 5 in any case where the acquisition of rights or the imposition of a restriction under paragraph (1) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the secretary of state, transfer the power to acquire such rights or impose such restrictions to the relevant statutory undertaker. 6 the exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this order if that power were exercised by the undertaker. 7 nothing in this article authorises the acquisition of rights over, or the imposition of restrictions affecting, an interest which is for the time being held by or on behalf of the crown. crown rights 22 1 nothing in this order affects prejudicially any estate, right, power, privilege, authority or exemption of the crown and, in particular, nothing in this order authorises the undertaker or any licensee to use, enter on or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary) - a belonging to her majesty in right of the crown and forming part of the crown estate without the consent in writing of the crown estate commissioners; b belonging to her majesty in right of the crown and not forming part of the crown estate without the consent in writing of the government department having the management of that land; or c belonging to a government department or held in trust for her majesty for the purposes of a government department without the consent in writing of that government department. 2 paragraph (1) does not apply to the exercise of any right under this order for the compulsory acquisition of an interest in any crown land (as defined in the 2008 act) which is for the time being held otherwise than by or on behalf of the crown. 3 a consent under paragraph (1) - a may be given unconditionally or subject to terms and conditions; b is deemed to have been given in writing where it is sent electronically. extinguishment and suspension of private rights 23 1 subject to the provisions of this article, all private rights or restrictive covenants over land subject to compulsory acquisition of rights or the imposition of restrictions under the order shall be extinguished in so far as their continuance would be inconsistent with the exercise of the right acquired or the burden of the restriction imposed - a as from the date of the acquisition of the right or the benefit of the restriction 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 in pursuance of the right; whichever is the earliest. 2 subject to the provisions of this article, all private rights and restrictive covenants over land owned by the undertaker which, being within the order limits, is required for the purposes of this order, are extinguished on the commencement of any activity authorised by this order which interferes with or breaches such rights or such restrictive covenants. 3 subject to the provisions of this article and article 24 (extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession), all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land. 4 any person who suffers loss by the extinguishment or suspension of any private right or restrictive covenant under this article is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 5 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 32 (statutory undertakers) applies. 6 paragraphs (1) to (4) have effect subject to - a any notice given by the undertaker before - i the completion of the acquisition of the rights or the imposition of restrictive covenants over or affecting the land; ii the undertaker's appropriation of it; iii the undertaker's entry onto it; or iv the undertaker's taking temporary possession of it, that any or all of those paragraphs do not 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 restrictive covenant in question is vested, belongs or benefits. 7 if any such agreement as is referred to in paragraph (6)(b) - a is made with a person in or to whom the right is vested or belongs; 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. 8 a reference in this article to private rights and restrictive covenants over land includes any trust, incident, easement, wayleave, liberty, privilege, right or advantage annexed to land (including any land forming part of a common, open space or fuel or field garden allotment) and adversely affecting other land, including any natural right to support. extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession 24 1 this article applies to any order land specified in part 1 (national grid) and part 2 (uk power networks) of schedule 8 (extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession) and any other order land of which national grid takes temporary possession under article 28 (temporary use of land by national grid) or uk power networks takes temporary possession under article 29 (temporary use of land by uk power networks). 2 all private rights or restrictive covenants in relation to apparatus belonging to national grid or uk power networks removed from any land to which this article applies are extinguished from the date on which national grid or uk power networks give up temporary possession of that land under article 28(5) and 28(6) or 29(5) and 29(6), as the case may be. 3 the extinguishment of rights by paragraph (2) does not give rise to any cause of action relating to the presence on or in the land of any foundations (save for those which lie less than 1.5 metres underground) referred to in article 28(5)(c) and 28(6)(c) or 29(5)(c) and 29(6)(c) (national grid and uk power networks not required to remove foundations when giving up temporary possession). 4 schedule 8 has effect. application of the compulsory purchase (vesting declarations) act 1981 25 1 the 1981 act applies as if this order were a compulsory purchase order. 2 the 1981 act, as so applied, has effect with the following modifications. 3 in section 5 (earliest date for execution of declaration), subsection (2) is omitted. 4 section 5a is omitted . 5 references to the 1965 act in the 1981 act must be construed as references to the 1965 act as applied by section 125 of the 2008 act (application of compulsory acquisition provisions) to the compulsory acquisition of land under this order. acquisition of subsoil or air-space only 26 1 the undertaker may compulsorily acquire such rights, and impose such restrictions, in the subsoil of, or the air-space of, the land referred to in article 21 (compulsory acquisition of rights) as may be required for any purpose for which such rights or restrictions may be acquired in land under that provision instead of acquiring the rights or imposing restrictions over the whole of the land. 2 where the undertaker acquires any right or imposes any restriction in the subsoil of, or the air-space over, land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land. rights under or over streets 27 1 the undertaker may enter on and use so much of the subsoil of, or air-space over, any street within the order limits as may be required for the purposes of the authorised development and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised development. 2 subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without 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 subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person's interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 5 compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 act (sharing of 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 by national grid 28 1 national grid may, in connection with the carrying out of the authorised development - a enter on and take temporary possession of - i so much of the land specified in column (1) of part 1 of schedule 11 (land of which temporary possession may be taken) to exercise the powers described in the book of reference and for the purpose specified in relation to that land in column (2) of part 1 of that schedule relating to the part of the authorised development specified in column (3) of part 1 of that schedule; and ii any other order land in respect of which no notice of entry has been served under section 11 of the 1965 act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the 1981 act; b remove any electric line, electrical plant, buildings, structures, pylons, apparatus 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 (2) of part 1 of schedule 11, or any other mitigation works. 2 not less than 14 days before entering on and taking temporary possession of land under this article, national grid must serve notice of the intended entry on the owners and occupiers of the land. 3 national grid 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 referred to in paragraph 1(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of part 1 of schedule 11, 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 completion of the work for which temporary possession of the land was taken unless national grid has, by the end of that period, served a notice of entry under section 11 of the 1965 act or made a declaration under section 4 of the 1981 act in relation to that land. 4 national grid must provide the owner of any land of which temporary possession has been taken under this article with written notice of the date of completion of the works for which temporary possession was taken within 28 days of the completion of those works. 5 before giving up possession of land of which temporary possession has been taken under paragraph (1)(a)(i), national grid must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land, but national grid is not required to - a replace a building, structure, electric line, electrical plant or pylon removed under this article; b restore the land on which any works have been carried out under paragraph (1)(d) insofar as the element of works shown in column (4) of part 1 of schedule 11 is concerned; c remove any foundations to a depth greater than 1.5 metres below adjoining ground level; or d remove any pylons or electric lines or underground cables constructed or installed on, over, under, or in that land as part of the authorised development. 6 before giving up possession of land of which temporary possession has been taken under paragraph (1)(a)(ii), unless otherwise agreed by the owners of the land, national grid must either acquire the interest on, over, or in the land in accordance with the provisions of paragraph (3)(b) or remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but national grid is not required to - a replace a building, structure, electric line, electrical plant or pylon removed under this article; b restore the land on which any works have been carried out under paragraph (1)(d) insofar as the element of works shown in column (4) of part 1 of schedule 11 is concerned; c remove any foundations to a depth greater than 1.5 metres below adjoining ground level; or d remove any pylons or electric lines or underground cables constructed or installed on, over, under, or in that land as part of the authorised development. 7 national grid 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. 8 any dispute as to a person's entitlement to compensation under paragraph (7), or as to the amount of the compensation, must be determined under part 1 of the 1961 act. 9 nothing in this article affects any liability to pay compensation under section 152 of the 2008 act (compensation in case where no right to claim in nuisance) 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 (7). 10 where national grid takes possession of land under this article, national grid is not 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 national grid from taking temporary possession more than once in relation to any land specified in part 1 of schedule 11. temporary use of land by uk power networks 29 1 uk power networks may, in connection with the carrying out of the uk power networks works - a enter on and take temporary possession of - i so much of the land specified in column (1) of part 2 of schedule 11 (land of which temporary possession may be taken) to exercise the powers described in the book of reference and for the purpose specified in relation to that land in column (2) of part 2 of that schedule relating to the part of the authorised development specified in column (3) of part 2 of that schedule; and ii any other order land in respect of the uk power networks works in respect of which no notice of entry has been served under section 11 of the 1965 act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the 1981 act; b remove any electric lines, electrical plant, buildings, structures, pylons, apparatus 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 (2) of part 2 of schedule 11, or any other mitigation works. 2 not less than 14 days before entering on and taking temporary possession of land under this article, uk power networks must serve notice of the intended entry on the owners and occupiers of the land. 3 uk power networks 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 referred to in paragraph 1(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of part 2 of schedule 11, 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 completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 act or made a declaration under section 4 of the 1981 act in relation to that land. 4 uk power networks must provide the owner of any land of which temporary possession has been taken under this article with written notice of the date of completion of the works for which temporary possession was taken within 28 days of the completion of those works. 5 before giving up possession of land of which temporary possession has been taken under paragraph (1)(a)(i), uk power networks must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but uk power networks is not required to - a replace a building, structure, electric line, electrical plant or pylon removed under this article; b remove any pylons, electric lines or underground cables constructed or installed on, over, under or in that land as part of the uk power networks works; c remove any foundations to a depth greater than 1.5 metres below adjoining ground level; or d restore the land on which any works have been carried out under paragraph 1(d) insofar as the element of works shown in column (4) of part 2 of schedule 11 is concerned. 6 before giving up possession of land of which temporary possession has been taken under paragraph (1)(a)(ii), unless otherwise agreed by the owners of the land, uk power networks must either acquire the interest on, over, or in the land in accordance with the provisions of paragraph (3)(b) or remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but uk power networks is not required to - a replace a building, structure, electric line, electrical plant or pylon removed under this article; b remove any pylons, electric lines or underground cables constructed or installed on, over, under or in that land as part of the uk power networks works; c remove any foundations to a depth greater than 1.5 metres below adjoining ground level; or d restore the land on which any works have been carried out under paragraph 1(d) insofar as the element of works shown in column (4) of part 2 of schedule 11 is concerned. 7 uk power networks 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. 8 any dispute as to a person's entitlement to compensation under paragraph (7), or as to the amount of the compensation, is to be determined under part 1 of the 1961 act. 9 nothing in this article affects any liability to pay compensation under section 152 of the 2008 act (compensation in case where no right to claim in nuisance) 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 (7). 10 where uk power networks takes possession of land under this article, uk power networks is not 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 uk power networks from taking temporary possession more than once in relation to any land specified in part 2 of schedule 11. temporary use of land for maintaining the authorised development 30 1 subject to paragraph (2), at any time during the maintenance periods relating to any part of the authorised development, the undertaker may - a enter upon 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; 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; and c enter on any land within the order limits for the purpose of gaining access as is reasonably required for the purpose of maintaining the authorised development. 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 upon 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 remain in possession of land under this article only 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 powers conferred by this article. 7 any dispute as to a person's entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under part 1 of the 1961 act. 8 nothing in this article affects any liability to pay compensation under section 152 of the 2008 act (compensation in case where no right to claim in nuisance) 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 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 periods" in relation to any part of the authorised development means the period of five years beginning with the date on which that part of the authorised development is brought into operational use, except where the authorised development is mitigation planting where "the maintenance periods" means the period of five years beginning with the date on which that part of the mitigation planting is completed. special category land 31 1 so much of the special category land as shall be required for the purposes of the exercising by the undertaker of the order rights shall be discharged from all rights, trusts and incidents to which it was previously subject. 2 so far as the temporary use of land under either article 28 and 29 is concerned, then the discharge in paragraph (1) is only for such time as the land is being used under either of those articles. 3 in this article - "order rights" means rights and powers exercisable over the special category land by the undertaker under article 21 (compulsory acquisition of rights), article 28 (temporary use of land by national grid) and article 29 (temporary use of land by uk power networks); and "the special category land" means the land identified as forming part of a common, open space, or fuel or field allotment in the book of reference and on the plan entitled "special category land and crown land plans". statutory undertakers 32 subject to the provisions of schedule 14 (protective provisions), the undertaker may - a acquire compulsorily interests, rights or impose restrictions over, the land belonging to statutory undertakers shown on the land plans within the order limits and described in the book of reference; and b extinguish the rights of, or remove or reposition the apparatus belonging to statutory undertakers over or within the order land. recovery of costs of new connections 33 1 where any apparatus of a public utility undertaker or of a public communications provider is removed under article 32 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is 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 32 any person who is - a the owner or occupier of premises the drains of which communicated with that sewer; or b the owner of a private sewer which communicated with that sewer, is 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 in this article - "public communications 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 deemed marine licence 34 the undertaker is deemed to have been granted the licence contained in schedule 9 (deemed marine licence) to this order, to carry out the works and make the deposits described in that licence and subject to the licence conditions which are deemed to have been attached to the licence by the secretary of state under part 4 of the 2009 act. application of landlord and tenant law 35 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 36 development consent granted by this order must 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 operational land for the purposes of that act). defence to proceedings in respect of statutory nuisance 37 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 must be made, and no fine may be imposed, under section 82(2) of that act if - a the defendant shows that the nuisance - i 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 site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the control of pollution act 1974 ; or ii is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or b the defendant shows that the nuisance - i relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised development and that the nuisance is attributable to the use of the authorised development which is being used in accordance with the noise and vibration management plan prepared under requirement 5 of schedule 3 (requirements) to this order; or ii is a consequence of the use of the authorised development and that it cannot reasonably be avoided. 2 section 61(9) (prior 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 does 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. temporary closure of, and works in, the river stour 38 1 the undertaker may, in connection with the construction of the authorised development, temporarily interfere with the relevant part of the river. 2 without limitation on the powers conferred by paragraph (1) but subject to paragraph (4) the undertaker may, in connection with the construction of the authorised development - a temporarily moor or anchor barges or other vessels or craft in the relevant part of the river and may load or unload into and from such barges, other vessels or craft equipment, machinery, soil and any other materials in connection with the construction or maintenance of the authorised development; and b on grounds of health and safety only, temporarily close to navigation the relevant part of the river. 3 the power conferred by paragraphs (1) and (2) shall be exercised in such a way which secures - a that no more of the relevant part of the river is closed to navigation at any time than is necessary in the circumstances; and b that, if complete closure to navigation of the relevant part of the river becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed. 4 any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by the undertaker, to be determined, in case of dispute, under part 1 of the 1961 act. 5 in this article, "the relevant part of the river" means so much of the river stour as is shown hatched in yellow on the access and rights of way and public rights of navigation plan. traffic regulation 39 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 at any time, for the purposes of the construction of the authorised development - a prohibit vehicular access, prohibit waiting of vehicles and regulate vehicular speed by imposing speed restrictions on vehicles in the manner specified in part 1 of schedule 12 (traffic regulation) on those roads specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that part of that schedule; b prohibit vehicular access and prohibit waiting of vehicles in the manner specified in part 2 of schedule 12 on those roads specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that part of that schedule; and c prohibit waiting of vehicles in the manner specified in part 3 of schedule 12 on the roads specified in column (1) and along the lengths and between the points specified in column (2) in the manner specified in column (3) of that part of that schedule. 2 without limiting the scope of the specific powers conferred by paragraph (1) but 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 construction of the authorised development, at any time prior to when the authorised development first becomes operational - a revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 act; b permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road; c authorise the use as a parking place of any road; d make provision as to the maximum speed, direction or priority of vehicular traffic on any road; and e permit or prohibit vehicular access to any road, either at all times or at times, on days or during such periods as may be specified by the undertaker. 3 the undertaker must not exercise the powers in paragraphs (1) and (2) unless it has - a given not less than 28 days' notice in writing of its intention so to do to the chief officer of police and 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 as provided for in sub-paragraph (a). 4 any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2) - a has effect as if duly made by - i the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 act; or ii the local authority in whose area the road is situated as an order under section 32 of the 1984 act (power of local authorities to provide parking places), and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in schedule 12 (traffic regulation) to which the prohibition, restriction or other provision is subject; and b 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). 5 any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1) and (2) at any time prior to the part of the authorised development to which it relates being brought into operational use. 6 before complying with the provisions of paragraph (3) the undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated. 7 expressions used in this article and in the 1984 act have the same meaning in this article as in that act. 8 if the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraphs (1) and (2) the traffic authority is deemed to have granted consent. felling or lopping of trees 40 1 the undertaker may fell or lop any tree or shrub near any part of the authorised development, 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 apparatus used in connection with the authorised development; or b from constituting a danger to persons using the authorised development. 2 in carrying out any activity authorised by paragraph (1), the undertaker must not cause any 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, must be determined under part 1 of the 1961 act. 4 development consent granted by this order is to be treated as planning permission pursuant to part 3 of the 1990 act for the purposes of regulation 14 of the town and country planning (tree preservation) (england) regulations 2012 . trees subject to tree preservation orders 41 1 the undertaker may fell or lop any tree described in schedule 13 (trees subject to tree preservation orders) and identified on the trees and hedgerows to be removed or managed plans, or cut back its roots, if it reasonably believes it to be necessary in order 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 apparatus used in connection with the authorised development; or b from constituting a danger to persons using the authorised development. 2 in carrying out any activity authorised by paragraph (1) - a the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any damage arising from such activity; and b the duty in section 206(1) of the 1990 act (replacement of trees) does not apply. 3 the authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order. 4 any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, will be determined under part 1 of the 1961 act. protection of interests 42 schedule 14 (protective provisions) has effect. certification of plans, etc. 43 1 national grid must, as soon as practicable after the making of this order, submit to the secretary of state copies of - a the access and rights of way and public rights of navigation plans; b the book of reference; c the cemp; d the archaeological mitigation written scheme of investigation; e the biodiversity mitigation strategy; f the construction traffic management plan; g the public rights of way management plan; h the outline waste management plan; i the noise and vibration management plan; j the design drawings; k the land plans; l the location plan; m the special category land and crown land plans; n the extinguishment of easements, servitudes and other rights plans; o the traffic regulation order plans; p the trees and hedgerows to be removed or managed plans; and q the works plans, 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 44 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 written consent of the recipient and subject to paragraphs (5) 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 (references to service by post) 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 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 the notice or document is 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 7 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 communication 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 final and takes effect on a date specified by the person in the notice but that date must not be less than 7 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. 10 in this article "legible in all material respects", in relation to a notice or document, means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form. procedure regarding certain approvals, etc. 45 1 where an application or request is submitted to a relevant planning authority, the highway authority, a street authority or the owner of a watercourse, sewer or drain for any consent, agreement or approval required or contemplated by any of the provisions of the order such consent, agreement or approval, if given, must be given in writing, such agreement not to be unreasonably withheld. 2 schedule 4 (discharge of requirements) has effect in relation to all consents, agreements or approvals granted, refused or withheld in relation to the requirements, and any document referred to in any requirement. 3 the procedure set out in paragraphs 3, 4 and 5 of schedule 4 (discharge of requirements) has effect in relation to any other consent, agreement or approval required under this order where such consent, agreement or approval is granted subject to any condition to which the undertaker objects, or is refused or is withheld. amendment of local legislation 46 1 the local enactments specified in part 1 of schedule 15 (amendment of local legislation), and any byelaws or other provisions made under any of those enactments, and the local byelaws specified in part 2 of that schedule are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by, this order. 2 for the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this order if and insofar as (in particular) - a it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this order; b action taken in pursuance of a power conferred by this order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this order. 3 where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out - a whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application; b if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and c the extent of that exclusion. no double recovery 47 compensation is not payable in respect of the same matter both under this order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this order. arbitration 48 subject to article 45 (procedure regarding certain approvals, etc.) and except where otherwise expressly provided for in this order or unless otherwise agreed between the parties, any difference under any provision of this order must 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. 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 3rd august 2017

citation, commencement and application 1 1 these regulations may be cited as the education (student fees, awards and support) (amendment) regulations 2017. 2 this regulation and regulations 2, 11, 12(b)(i), 15(a), 15(b)(i), 18(b), 24, 25, 28, 29, 30, 31, 32 and 37(b) come into force on 3rd march 2017. 3 subject to paragraphs (4) and (5), all other provisions of these regulations - a come into force on 3rd march 2017; and b apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st august 2017 whether anything done under these regulations is done before, on or after 1st august 2017. 4 regulation 3(c) does not apply in relation to a person who - a has transferred to the current course from a course beginning before 1st september 2012 pursuant to regulation 7 of the education (student support) regulations 2011 from a course that is not a distance learning course; or b begins an erasmus year before 1st august 2017. 5 regulations 33 to 37(a) do not apply in relation to an applicant - a who - i before the date on which these regulations come into force has been determined by the secretary of state to be an eligible student falling within paragraph 10 of part 2 of schedule 1 to the education (student support) (european university institute) regulations 2010 ; and ii on or after that date makes an application for support under the education (student support) (european university institute) regulations 2010 on the basis of that determination in relation to an academic year which begins on or after 1st august 2017; or b who would have fallen to be determined as eligible within paragraph 10 of part 2 of schedule 1 to the education (student support) (european university institute) regulations 2010 had they made an application for support before the coming into force of these regulations in relation to an academic year beginning before 1st august 2017. 6 in these regulations - "academic year" means the period of twelve months beginning on 1st january, 1st april, 1st july or 1st september of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st january and before 1st april, on or after 1st april and before 1st july, on or after 1st july and before 1st august or on or after 1st august and on or before 31st december, respectively; "current course" means the designated course in respect of which a person is applying for support; "distance learning course" means a course on which a student undertaking the course is not required to be in attendance by the institution providing the course, where "required to be in attendance" is not satisfied by a requirement imposed by the institution to attend any institution - for the purposes of registration or enrolment or any examination; on a weekend or during any vacation; or on an occasional basis during the week. amendment of the education (student support) regulations 2011 2 the education (student support) regulations 2011 are amended in accordance with regulations 3 to 27. 3 in regulation 2(1) (interpretation) - a after the definition of "accelerated course", insert - "allied health profession subject" means chiropody, dietetics, dietetics and nutrition, occupational therapy, orthoptics, orthotics and prosthetics, physiotherapy, podiatry, radiography, radiotherapy, and speech and language therapy; ; b for the definition of "bursary year", substitute - "bursary year" means an academic year of a course in relation to which the student is - eligible to apply for a healthcare bursary the amount of which is calculated by reference to income whether or not the calculation results in a nil amount; eligible to apply for a scottish healthcare allowance the amount of which is calculated by reference to income whether or not the calculation results in a nil amount; or eligible for a healthcare tuition payment; ; c in the definition of "erasmus year" - i in sub-paragraph (b), omit "or scotland"; ii in sub-paragraph (c), for "or wales", substitute ", scotland or wales"; d for the definition of "healthcare bursary", substitute - "healthcare bursary" means a bursary or award of similar description under - section 63 of the health services and public health act 1968 made in respect of - a course provided by an institution in england beginning before 1st august 2017; a course provided by an institution in england beginning on or after 1st august 2017, where that course leads to qualification as a paramedic, medical doctor or dentist; a course provided by an institution in scotland or northern ireland, where that course leads to qualification as a medical doctor or dentist; a course provided by an institution in wales; or article 44 of the health and personal social services (northern ireland) order 1972 ; ; e after the definition of "healthcare bursary", insert - "healthcare tuition payment" means a payment for tuition in connection with the nhs bursary scheme in england, established pursuant to section 63 of the health services and public health act 1968, in respect of a course beginning on or after 1st august 2017, except where that course leads to qualification as a medical doctor or dentist; ; f after the definition of "maintained school", insert - "non-regulated institution" means an institution in wales that does not have a fee and access plan in force approved by the higher education funding council for wales under section 7 of the higher education (wales) act 2015 ; ; g in the definition of "ordinary duration" - i in sub-paragraph (b), omit "or scotland"; ii in sub-paragraph (c), for "or wales" substitute ", scotland or wales"; iii after sub-paragraph (c), insert - d erasmus years of a course provided by an institution in scotland where the course began on or after 1st september 2012 and where the erasmus year begins before 1st august 2017; ; h after the definition of "preliminary course", insert - pre-registration course" means an education and training programme leading to a qualification which is a condition of inclusion in the register (or as the case may be, the relevant part or parts of the register) maintained respectively by the health and care professions council for allied health profession subjects and operating department practice, the nursing and midwifery council for midwifery or nursing, or the health and care professions council and nursing and midwifery council for nursing and social work ; i after the definition of "refugee", insert - "regulated institution" means an institution that has a fee and access plan in force approved by the higher education funding council for wales under section 7 of the higher education (wales) act 2015; ; j in the definition of "standard academic year" - i in sub-paragraph (b), omit "or scotland"; ii in sub-paragraph (c), for "or wales" substitute ", scotland or wales"; iii after sub-paragraph (c), insert - d an erasmus year of a course provided by an institution in scotland where the course began on or after 1st september 2012 and where the erasmus year begins before 1st august 2017; . 4 in regulation 4(3)(c)(i) (eligible students), omit "a's ". 5 in regulation 5(1)(d) (designated courses) - a in sub-paragraph (i), after "institution", add "in england, scotland or northern ireland, or in wales where the course begins before 1st september 2017"; b in sub-paragraph (ii), after "authority-funded institution", insert "in england, scotland or northern ireland, or in wales where the course begins before 1st september 2017"; c after sub-paragraph (ii), omit "or"; d in sub-paragraph (iii) - i after "authority-funded institution", insert "in england, scotland or northern ireland, or in wales where the course begins before 1st september 2017,"; ii after the semi-colon, insert "or"; e after sub-paragraph (iii), insert - iv provided by a regulated institution in wales or a regulated institution in wales in conjunction with an institution which is situated outside the united kingdom, where that course begins on or after 1st september 2017; . 6 in regulation 12 (previous course), after paragraph (4), insert - 4a a course which would otherwise be a previous course is not treated as such if the current course - a is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice; b leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and c begins on or after 1st august 2017. . 7 in regulation 13 (miscellaneous) - a after paragraph (2), insert - 2a paragraph (1) does not apply where the current course - a is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice; b leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and c begins on or after 1st august 2017. ; b after paragraph (7), insert - 8 paragraphs (6) and (7) do not apply to a person who is treated as being ordinarily resident in the united kingdom by virtue of paragraph 1(4) of schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that schedule. . 8 in regulation 19 (availability of fee loans to current system students) - a in paragraph (2)(b), omit "or scotland"; b in paragraph (2)(c), for "or wales", insert ", wales or scotland"; c in paragraph (8)(b), omit "or scotland"; d in paragraph (8)(c), for "or wales", insert ", wales or scotland"; e in paragraph (9)(b), omit "or scotland"; f in paragraph (9)(c), for "or wales", insert ", wales or scotland". 9 in regulation 23 (amount of the fee loan) - a in paragraph (3)(b)(ii), after "institution", insert "in england"; b in paragraph (4) - i in the opening words after "publicly funded institution)", insert "in england not listed in schedule 5"; ii for sub-paragraph (b), substitute - b 3,000 where paragraph (7) applies; ; iii in sub-paragraph (c), omit "and the course is provided by an institution in england or wales"; iv in sub-paragraph (d), omit "and the course is provided by an institution in england or wales"; c after paragraph (4), insert - 4a where the current course began on or after 1st september 2012 and is provided by a private or non-regulated institution listed in schedule 5 (other than on behalf of a publicly funded or regulated institution respectively), the "maximum amount" is - a 6,165, unless paragraph (7), (7a), (7b) or (8) applies; b 3,080, where paragraph (7) applies; c 1,230, where paragraph (7a) applies and the course is provided by a private institution in england (other than on behalf of a publicly funded institution); d 1,230, where paragraph (7a) applies, the course is provided by a private institution in wales (other than on behalf of a publicly funded institution) and begins before 1st september 2017; e 1,230 where paragraph (7a) applies, the course is provided by a non-regulated institution in wales (other than on behalf of a regulated institution) and begins on or after 1st september 2017; f 3,080 where paragraph (7a) applies and the course is provided by a private institution in northern ireland or scotland (other than on behalf of a publicly funded institution); g 920, where paragraph (7b) applies and the course is provided by a private institution in england (other than on behalf of a publicly funded institution); h 920, where paragraph (7b) applies, the course is provided by a private institution in wales (other than on behalf of a publicly funded institution), and begins before 1st september 2017; i 920, where paragraph (7b) applies, the course is provided by a non-regulated institution in wales (other than on behalf of a regulated institution), and begins on or after 1st september 2017; or j 3,080, where paragraph (7b) applies and the course is provided by a private institution in northern ireland or scotland (other than on behalf of a publicly funded institution). ; d for paragraph (5), substitute - 5 where the current course began on or after 1st august 2012 and is provided by an institution in scotland or northern ireland, the "maximum amount" is - a 9,250 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7a), (7b) or (8) applies; b 6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution), unless paragraph (4a), (7), (7a), (7b) or (8) applies; c 4,625 where the course is provided by or on behalf of a publicly funded institution and paragraph (7), (7a) or (7b) applies; d 3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7), (7a) or (7b) applies, unless paragraph (4a) applies. ; e after paragraph (5), insert - 5za where the current course begins on or after 1st august 2012 and before 1st september 2017, and is provided by or on behalf of an institution in wales, the "maximum amount" is - a 9,000 where the course is provided by or on behalf of a publicly funded institution, unless paragraph (7), (7a), (7b) or (8) applies; b 6,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution), unless paragraph (4a), (7), (7a), (7b) or (8) applies; c 4,500 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7) applies; d 3,000 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7) applies, unless paragraph (4a) applies; e 1,800 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7a) applies; f 1,200 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7a) applies, unless paragraph (4a) applies; g 1,350 where the course is provided by or on behalf of a publicly funded institution, and paragraph (7b) applies; or h 900 where the course is provided by a private institution (other than on behalf of a publicly funded institution) and paragraph (7b) applies, unless paragraph (4a) applies. 5zb where the current course begins on or after 1st september 2017, and is provided by or on behalf of an institution in wales, the "maximum amount" is - a 9,000 where the course is provided by or on behalf of a regulated institution, unless paragraph (7), (7a), (7b) or (8) applies; b 6,000 where the course is provided by a non-regulated institution, unless paragraph (4a), (7), (7a), (7b) or (8) applies; c 4,500 where the course is provided by or on behalf of a regulated institution, and paragraph (7) applies; d 3,000 where the course is provided by a non-regulated institution and paragraph (7) applies, unless paragraph (4a) applies; e 1,800 where the course is provided by or on behalf of a regulated institution, and paragraph (7a) applies; f 1,200 where the course is provided by a non-regulated institution and paragraph (7a) applies, unless paragraph (4a) applies; g 1,350 where the course is provided by or on behalf of a regulated institution, and paragraph (7b) applies; or h 900 where the course is provided by a non-regulated institution and paragraph (7b) applies, unless paragraph (4a) applies. ; f in paragraph (6)(b), after (4), insert "(4a), (5), (5za) or (5zb)"; g in paragraph (6a) - i in sub-paragraph (b), after "(4)", insert ", (4a), (5za) or (5zb)"; ii in sub-paragraph (c), for "(4)", substitute "(4a) or (5)"; h in paragraph (6b) - i in sub-paragraph (b), after "(4)", insert ", (4a), (5za) or (5zb)"; ii in sub-paragraph (c), for "(4)", substitute "(4a) or (5)"; i in paragraph (6c), after "1,350", insert "where the course is provided by an institution in wales or 1,385 where the course is provided by an institution in england or scotland"; j in paragraph (7c), for "or wales", substitute ", wales or scotland"; k in paragraph (8), for "5,535", substitute "5,785 for the first academic year of the course, otherwise 5,535". 10 in regulation 40 (qualifying conditions for the disabled students' allowance), after paragraph (3), insert - 3a paragraphs (2) and (3) do not apply to a person who is treated as being ordinarily resident in the united kingdom by virtue of paragraph 1(4) of schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that schedule. . 11 in regulation 41 (amount of the disabled students' allowance), omit paragraph (4). 12 in regulation 45(3) (childcare grant) - a in paragraph (b), omit the final "or"; b in paragraph (c) - i after "bursary", insert "or scottish healthcare allowance"; ii for the full-stop, substitute "; or"; c after paragraph (c), insert - d a's partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the health services and public health act 1968 . . 13 in regulation 69 (qualifying conditions for the loan for living costs - current system students) - a in sub-paragraph (2)(c) - i omit "that student's"; ii omit the final "or"; b after sub-paragraph (2)(c), insert - ca the current system student is eligible for a healthcare tuition payment; ; c in paragraph (2)(d), for the full-stop, substitute "; or"; d after sub-paragraph (2)(d), insert - e the designated course - i is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work, or operating department practice; ii leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, to an ordinary degree, honours degree or a diploma; and iii begins on or after 1st august 2017. . 14 in regulation 70(3) (qualifying conditions for the loan for living costs - old system students), in sub-paragraph (b), omit "the student's" both times it appears. 15 in regulation 80 (students with reduced entitlement) - a in paragraph (1), omit sub-paragraph (b)(iii); b in paragraph (2) - i omit sub-paragraph (b)(iii); ii in sub-paragraph (e), in the opening words, omit "or 2016"; iii in sub-paragraph (e)(iv), for the full-stop, substitute a semi-colon; iv after sub-paragraph (e), insert - f where a 2016 cohort student applies for a loan for living costs and opts not to provide the information needed to calculate the household income, the amount is - i for a student in category a, 2,870; ii for a student in category b, 4,991; iii for a student in category c, 4,055; iv for a student in category d, 3,652. . 16 in regulation 124 (support for distance learning courses), after paragraph (3a), insert - 3b paragraphs (3) and (3a) do not apply to a person who is treated as being ordinarily resident in the united kingdom by virtue of paragraph 1(4) of schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that schedule. . 17 in regulation 127 (disabled distance learning students' allowance), after paragraph (3a), insert - 3aa paragraphs (3) and (3a) do not apply to a person who is treated as being ordinarily resident in the united kingdom by virtue of paragraph 1(4) of schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that schedule. . 18 in regulation 137 (eligible part-time students) - a for paragraph (3)(a), substitute - a a is, in connection with the part-time course - i eligible to apply for a healthcare bursary whether or not the amount of such bursary is calculated by reference to income; ii eligible to apply for any allowance under the nursing and midwifery student allowances (scotland) regulations 2007; or iii eligible for a healthcare tuition payment; ; b in paragraph (10) - i in sub-paragraph (a) - aa for "person granted humanitarian protection", substitute "refugee"; bb for "such a person", substitute "a refugee"; ii for sub-paragraph (b), substitute - b as at the day before the academic year in respect of which a is applying for support begins, the refugee status of a or of a's spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the nationality, immigration and asylum act 2002) , . 19 in regulation 141 (assistance for part-time courses in respect of courses beginning before 1st september 2012), after paragraph (3b), insert - 3c paragraphs (3a) and (3b) do not apply to a person who is treated as being ordinarily resident in the united kingdom by virtue of paragraph 1(4) of schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that schedule. . 20 in regulation 144 (fee support for designated part-time courses beginning on or after 1st september 2012) - a after paragraph (3a), insert - 3b paragraphs (3)(b) and (3a) do not apply to a person who is treated as being ordinarily resident in the united kingdom by virtue of paragraph 1(4) of schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that schedule. ; b after paragraph (7), insert - 7a paragraph (4) does not apply if - a the current part-time course - i is a course in agriculture and related subjects, biological sciences, mathematical sciences, physical sciences or veterinary sciences (or a combination of those subjects); ii leads to an honours degree; and b the student begins the current part-time course on or after 1st august 2017. 7b paragraph (4) does not apply if - a the current part-time course - i is a pre-registration course in an allied health profession subject, midwifery, nursing, nursing and social work or operating department practice; ii leads to an ordinary degree, honours degree, or, in respect of a course in operating department practice, an ordinary degree, honours degree or a diploma; and b the student begins the current part-time course on or after 1st august 2017. . 21 in regulation 145(2) (amount of the fee loan - courses beginning on or after 1st september 2012) - a for sub-paragraph (b), substitute - b 4,500, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) not listed in schedule 5; ; b after sub-paragraph (b), insert - c 4,625, where the current part-time course is provided by a private institution (other than on behalf of a publicly funded institution) listed in schedule 5. . 22 in regulation 147 (disabled part-time students' allowance), after paragraph (2), insert - 2a paragraph (2)(b) does not apply to a person who is treated as being ordinarily resident in the united kingdom by virtue of paragraph 1(4) of schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that schedule. . 23 in regulation 159 (eligible postgraduate students), after paragraph (4)(a), insert - aa a is eligible for a healthcare tuition payment; . 24 in schedule 1 (eligible students) - a for paragraph 2, substitute - persons who are settled in the united kingdom 2 1 a person - a who on the first day of the first academic year of the course - i is settled in the united kingdom other than by reason of having acquired the right of permanent residence; ii is ordinarily resident in england; iii has been ordinarily resident in the united kingdom and islands throughout the three-year period preceding the first day of the first academic year of the course; and b subject to sub-paragraph (2), whose residence in the united kingdom and islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education. 2 paragraph (b) 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(4). ; b in paragraph 5(1)(a), 5(2)(c) and 5(3)(d), for "the united kingdom" substitute "england"; c for paragraph 13, substitute - long residence 13 1 a person - a who on the first day of the first academic year of the course either - i is under the age of 18 and has lived in the united kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or ii is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the united kingdom throughout either - aa half their life; or bb a period of twenty years; b who is ordinarily resident in england; c who has been ordinarily resident in the united kingdom and islands throughout the three-year period preceding the first day of the first academic year of the 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(4). . 25 in schedule 4 (financial assessment) - a in paragraph 4(3), for sub-paragraph (b), substitute - b otherwise the value of the sterling which the income would purchase using the average rate published by her majesty's revenue and customs for the calendar year which ends before the start of the relevant year. ; b in paragraph 5, for sub-paragraph (8), substitute - 8 where a's income is computed as for the purposes of the income tax legislation of another member state, it is computed under the provisions of this schedule in the currency of that member state and a's income for the purposes of this schedule is the sterling value of that income determined in accordance with the average rate published by her majesty's revenue and customs for the calendar year which ends before the end of the prior financial year. . 26 after schedule 4, insert schedule 1 to these regulations (institutions to whom regulations 23(4a) and 145(2)(c) apply), as schedule 5. 27 schedule 2 to these regulations has effect to substitute the figure in the third column of the table for the figure in the second column where it appears in the provision of the education (student support) regulations 2011 set out in the first column. amendment of the student fees (qualifying courses and persons) (england) regulations 2007 28 the student fees (qualifying courses and persons) (england) regulations 2007 are amended in accordance with regulation 29. 29 in the schedule - a for paragraph 2, substitute - persons who are settled in the united kingdom 2 1 a person - a who on the first day of the first academic year of the course - i is settled in the united kingdom other than by reason of having acquired the right of permanent residence; ii is ordinarily resident in the united kingdom; iii has been ordinarily resident in the united kingdom and islands throughout the three-year period preceding the first day of the first academic year of the course; and b 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 (a)(iii) been wholly or mainly for the purpose of receiving full-time education. 2 paragraph (b) 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(3). ; b for paragraph 12, substitute - long residence 12 1 a person - a who on the first day of the first academic year of the course either - i is under the age of 18 and has lived in the united kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or ii is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the united kingdom throughout either - aa half their life; or bb a period of twenty years; b who is ordinarily resident in the united kingdom on the first day of the first academic year of the course; c who has been ordinarily resident in the united kingdom and islands throughout the three-year period preceding the first day of the first academic year of the 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(3). . amendment of the education (fees and awards) (england) regulations 2007 30 the education (fees and awards) (england) regulations 2007 are amended in accordance with regulation 31. 31 in schedule 1 - a for paragraph 2, substitute - persons who are settled in the united kingdom 2 1 a person - a who on the first day of the first academic year of the course - i is settled in the united kingdom other than by reason of having acquired the right of permanent residence; ii is ordinarily resident in the united kingdom; iii has been ordinarily resident in the united kingdom and islands throughout the three-year period preceding the first day of the first academic year of the course; and b subject to sub-paragraph (2), whose residence in the united kingdom and islands has not during any part of the period referred to in sub-paragraph (a)(iii) been wholly or mainly for the purpose of receiving full-time education. 2 paragraph (b) 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 regulation 2(4). ; b for paragraph 13, substitute - long residence 13 1 a person - a who on the first day of the first academic year of the course either - i is under the age of 18 and has lived in the united kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or ii is aged 18 or above and, preceding the first day of the first academic year of the course, has lived in the united kingdom throughout either - aa half their life; or bb a period of twenty years; b who is ordinarily resident in the united kingdom on the first day of the first academic year of the course; c who has been ordinarily resident in the united kingdom and islands throughout the three-year period preceding the first day of the first academic year of the 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 regulation 2(4). . amendment of the education (student support) (european university institute) regulations 2010 32 the education (student support) (european university institute) regulations 2010 are amended in accordance with regulations 33 to 37. 33 in regulation 17(2) (grants for living and other costs), after "paragraph 9" insert "or paragraph 10". 34 in regulation 19(2) (disabled students' allowance), after "paragraph 9" insert "or paragraph 10". 35 in regulation 22(3) (adult dependants' grant), after "paragraph 9" insert "or paragraph 10". 36 in regulation 24(2) (parents' learning allowance), after "paragraph 9" insert "or paragraph 10". 37 in schedule 1, part 2 (eligible students - categories) - a after paragraph (10), insert - 10a a person who - a is an eu national other than a united kingdom national on the relevant date; b is ordinarily resident in england on the relevant date; c has been ordinarily resident in the united kingdom and islands throughout the five-year period immediately preceding the relevant date; and d in a case where the person's ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the european economic area and switzerland immediately prior to the period of ordinary residence referred to in paragraph (c). 2 where a state accedes to the eu after the relevant date and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an eu national other than a united kingdom national on the relevant date is treated as being satisfied. ; b after paragraph 12, insert - long residence 13 1 a person - a who on the relevant date either - i is under the age of 18 and has lived in the united kingdom throughout the seven-year period preceding the relevant date; or ii is aged 18 years old or above and, preceding the relevant date, has lived in the united kingdom throughout either - aa half their life; or bb a period of twenty years; b who is ordinarily resident in england on the relevant date; c who has been ordinarily resident in the united kingdom and islands throughout the three-year period preceding the relevant date; 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(7). . joseph johnson minister of state department for education 7th february 2017

citation and commencement 1 these regulations may be cited as the registered pension schemes (authorised payments) (amendment) regulations 2017 and come into force on 6th april 2017. amendments to the registered pension schemes (authorised payments) regulations 2009 2 the registered pension schemes (authorised payments) regulations 2009 are amended as follows. 3 in regulation 1(2) (citation, commencement and effect) omit "and" before sub-paragraph (c) and after that sub-paragraph insert - ; and d for payments of a description within part 6, in relation to payments made on or after 6th april 2017. . 4 after regulation 5a insert - 5b a payment by a registered pension scheme that is described in part 6 of these regulations is a payment of a prescribed description for the purposes of section 164(1)(f) of the finance act 2004. . 5 after regulation 20 insert - part 6 pension advice allowance payment 21 1 a payment made by an arrangement in respect of which the conditions in paragraph (2) are satisfied. 2 the conditions are that - a the payment is made for - i retirement financial advice provided to the person, or ii the implementation of such advice; b the payment is requested in writing by the person; c the written request contains a declaration by the person that the conditions in sub-paragraphs (d), (e) and (f) are satisfied; d no more than two pension advice allowance payments have been requested and made in respect of the person; e no pension advice allowance payment has been requested and made in respect of the person in the tax year in which the request is made; f the advice is regulated financial advice, provided by a financial advisor regulated and authorised by the financial conduct authority to provide such advice; g the payment is made by the registered pension scheme directly to the financial advisor; and h the payment does not exceed 500. 3 in this regulation - a "arrangement" means i a "money purchase arrangement" within the meaning given by section 152(2); or ii a "hybrid arrangement" within the meaning given by section 152(8); b "retirement financial advice" means advice in respect of the person's financial position, including their pension arrangements and the use of their pension funds; c "regulated financial advice" has the meaning given in article 53 of the financial services and markets act 2000 (regulated activities) order 2001 . . jennie granger ruth owen two of the commissioners for her majesty's revenue and customs 14th march 2017

citation, commencement and application 1 1 these regulations may be cited as the housing and planning act 2016 (consequential provisions) (england) regulations 2017 and come into force on 6th april 2017. 2 these regulations apply to the disposal of property in england only. amendment of the land registration rules 2003: rule 183a 2 in rule 183a of the land registration rules 2003 , omit paragraph (1a). amendment of the land registration rules 2003: schedule 4 3 1 schedule 4 of the land registration rules 2003 is amended as follows. 2 in form w - a omit (a); b in (b) for "any other" substitute "a"; and c before "to that disposition" insert "where consent"; and d for "under" substitute "is required by". 3 in form x - a omit (a); b in (b) for "any other" substitute "a"; c before "to that disposition" insert "where consent"; and d for "under" substitute "is required by". 4 in form y omit - a " or private registered provider of social housing "; and b "(as modified, in the case of a private registered provider of social housing, by section 179 of the housing and regeneration act 2008)" . 5 in form kk - a after "lease", insert "of property in wales"; b omit " [choose whichever bulleted clause is appropriate] "; and c omit "the regulator of social housing". gavin barwell minister of state department for communities and local government 13th march 2017

citation and interpretation 1 1 these regulations may be cited as the policing and crime act 2017 (commencement no. 5 and transitional provisions) regulations 2017. 2 in these regulations - a " the act " means the policing and crime act 2017; and b "the 2002 act " means the police reform act 2002 . provisions coming into force on 1st december 2017 2 the day appointed for the coming into force of the following provisions of the act is 1st december 2017 - a sections 29 (1) to (7) (disciplinary proceedings: former members of police forces and former special constables) in so far as not already in force ; b section 29 (8), in so far as that subsection relates to provisions specified in paragraphs 1 to 5 of schedule 7 (disciplinary proceedings: former members of ministry of defence police), and paragraphs 1 to 5 of schedule 7 , in so far as not already in force; c section 30 (police barred list and police advisory list) and schedule 8 (part to be inserted as part 4a of the police act 1996 ) in so far as not already in force; d section 38 (powers of police civilian staff and police volunteers), schedule 10 (schedule to be inserted as schedule 3b to the police reform act 2002) and schedule 11 (schedule to be inserted as schedule 3c to the police reform act 2002); e section 39 (application of firearms act 1968 to the police: special constables and volunteers); f section 40 (training etc of police volunteers); g section 41 (police volunteers: complaints and disciplinary matters); h section 42 (police volunteers: police barred list and police advisory list); i section 43 (police volunteers: inspection); j section 44 (restrictions on designated persons acting as covert human intelligence sources), and k section 45 (further amendments consequential on section 38 etc) and schedule 12 (powers of civilian staff and volunteers: further amendments) in so far as not already in force. provisions coming into force on 1st december 2018 3 the day appointed for the coming into force of section 46 (removal of powers of police in england and wales to appoint traffic wardens) and schedule 13 (abolition of office of traffic warden) is 1st december 2018 transitional provision 4 subject to regulation 5, any designations made under section 38 (police powers for civilian staff ) of the 2002 act prior to the coming into force of section 38 of the act (and the powers and duties conferred or imposed by that designation) remain in force until they are amended or revoked under section 38 of the 2002 act as it applies after the coming into force of section 38 of the act. 5 regulation 4 does not apply to any part of a designation made under section 38 of the 2002 act prior to the coming into force of section 38 of this act which conferred or imposed powers and duties that are included in part 1 of schedule 3b (excluded powers and duties of constables) to the 2002 act (as it applies after the coming into force of section 38 of the act), with the effect that those powers cease to be conferred or imposed under section 38 of the 2002 act. nick hurd minister of state home office 22nd november 2017

citation and commencement 1 1 these regulations may be cited as the franchising schemes and enhanced partnership schemes (pension protection) (england) regulations 2017. 2 these regulations come into force on 19th december 2017. 3 these regulations apply in relation to england only. interpretation 2 in these regulations - "the 2000 act " means the transport act 2000; "relevant employee" means a transferring original employee who, as an employee of the original operator, had rights to acquire pension benefits ; and "scheme" means a franchising scheme or an enhanced partnership scheme . duties to secure pension protection 3 1 the duties prescribed in paragraph (2) apply to a local transport authority, or two or more such authorities acting jointly, which have made a scheme and which - a enter into a local service contract or, as the case may be, an awarded contract with a person under the scheme; or b enter into, in the circumstances described in section 123x(2) or, as the case may be, 138s(2) of the 2000 act, any other agreement with a person for the provision of local services in the area to which the scheme relates. 2 the authority or authorities must ensure that any contract or agreement entered into with a person in a situation described in paragraph (1) is made, in the event of there being any transferring employees , on terms - a that require the person to secure pension protection for every relevant employee; b that, where there are relevant employees, require the person - i to procure a pensions statement which satisfies the requirements prescribed in regulation 6; and ii to provide every relevant employee with a copy of any part of the statement which relates to that employee; and c that, so far as relating to - i the requirement to secure pension protection described in sub-paragraph (a); and ii the requirement to procure and provide the statement described in sub-paragraph (b), are enforceable against the person by every relevant employee. rights to acquire pension benefits 4 for the purposes of section 123x(8)(b) and 138s(8)(b) of the 2000 act (rights to acquire pension benefits), the rights to acquire pension benefits which a relevant employee must have as an employee of the new operator are rights which - a are the same as the rights the relevant employee had as an employee of the original operator; or b count, by virtue of regulation 5, as being broadly comparable to, or better than, those rights. broadly comparable 5 1 for the purposes of regulation 4(b), the rights to acquire pension benefits, which a relevant employee must have as an employee of the new operator, count as being broadly comparable to, or better than, the rights which the employee had as an employee of the original operator - a if the rights satisfy the condition prescribed in paragraph (2); or b if, in the situation described in paragraph (3), the rights satisfy all of the alternative conditions prescribed in paragraph (4). 2 the condition is satisfied if the rights to acquire pension benefits that the relevant employee would have as an employee of the new operator mean that the employee would suffer no material detriment overall in terms of the employee's future accrual of pension benefits. 3 the situation is that there are exceptional circumstances which mean that it would not be reasonably practicable for the new operator to grant rights to the relevant employee which satisfy the condition prescribed in paragraph (2). 4 the alternative conditions are satisfied if - a the rights to acquire pension benefits granted to the relevant employee include arrangements to pay compensation to the relevant employee; and b the arrangements to pay compensation described in sub-paragraph (a) are such that the compensation is sufficient to offset the material detriment which would otherwise be suffered by the relevant employee. pensions statement 6 1 the pensions statement procured by a person entering into an agreement or contract, under a requirement specified in accordance with regulation 3(2)(b)(i), must be obtained in writing from a fellow of the institute and faculty of actuaries. 2 the statement must certify - a that, to the extent that the principles can be applied, the person making the statement has formed the opinion contained in the statement having had regard to the guidance for assessing broad comparability between two sets of pension scheme benefits set out in annex a to hm treasury's note 'fair deal for staff pensions: staff transfer from central government' dated october 2013 ; and b that, in the opinion of the person making the statement, the new operator's pension scheme offers relevant employees the rights to acquire the pension benefits prescribed in regulation 4 on the date the statement was made. signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 20th november 2017

citation and commencement 1 these regulations may be cited as the companies act 1989 (financial markets and insolvency) (amendment) regulations 2017 and come into force on 3rd january 2018. amendments to part 7 of the companies act 1989 2 1 part 7 of the companies act 1989 (financial markets and insolvency) is amended as follows. 2 in section 155a (qualifying collateral arrangements and qualifying property transfers) , for subsection (4)(aa) , substitute - aa transfers of property made in accordance with article 4(6) and (7) of the emir level 2 regulation or article 4(6) and (7) of the mifir level 2 regulation; . 3 in section 182a (recognised central counterparties: disapplication of provisions on mutual credit and set-off) - a in subsection (1)(a), for "or article 3(1) of the emir level 2 regulation" substitute ", article 3(1) of the emir level 2 regulation or article 3(1) of the mifir level 2 regulation"; b in subsection (2)(a), for "articles 4(2) and (3) of the emir level 2 regulation" substitute "article 4(2) of the emir level 2 regulation or article 4(2) of the mifir level 2 regulation". 4 in section 188(1a)(b) (meaning of "default rules" and related expressions) , for "article 4(4) of the emir level 2 regulation" substitute "article 4(6) and (7) of the emir level 2 regulation or article 4(6) and (7) of the mifir level 2 regulation". 5 in section 190(1) (minor definitions) - a in the definition of the "emir level 2 regulation" , at the end add "as amended by commission delegated regulation ( eu ) 2017/2155 of 22 september 2017 "; b after the definition of "member of a clearing house" insert - "mifir level 2 regulation" means commission delegated regulation (eu) 2017/2154 of 22 september 2017 supplementing regulation (eu) no. 600/2014 of the european parliament and of the council with regard to regulatory technical standards on indirect clearing arrangements ; . 6 in section 191 (index of defined expressions), in the table, below the row beginning "member of a clearing house" insert the following row - mifir level 2 regulation section 190(1) . david evennett mark spencer two lords commissioners of her majesty's treasury 11th december 2017

citation and commencement 1 this order may be cited as the value added tax (refund of tax to museums and galleries) (amendment) order 2017 and comes into force on 1st november 2017. amendments to the value added tax (refund of tax to museums and galleries) order 2001 2 the schedule to the value added tax (refund of tax to museums and galleries) order 2001 is amended as follows. 3 1 in column 2, opposite the entry in column 1 for university of edinburgh, below the text "talbot rice gallery the university of edinburgh old college south bridge edinburgh eh8 9yl", insert - st cecilia's hall niddry street cowgate edinburgh eh1 1nq 2 in column 3, opposite the entry for st cecilia's hall in column 2 inserted by article 3(1), insert "1st october 2014". 4 1 in column 2, opposite the entry in column 1 for university of glasgow, below the text "zoology museum graham kerr building university of glasgow university avenue glasgow g12 8qq", insert - the hunterian collections study centre kelvin hall 1431-1451 argyle street glasgow g3 8aw 2 in column 3, opposite the entry for the hunterian collections study centre in column 2 inserted by article 4(1), insert "1st august 2014". 5 1 at the end of the schedule, below the entry for teeside university, insert - athelstan museum athelstan museum town hall cross hayes malmesbury wiltshire sn16 9bz 2nd november 2013 athelstan museum the moravian church oxford street malmesbury wiltshire sn16 9ax 2nd november 2013 burns house museum burns house museum castle street mauchline kilmarnock ka5 5bz (in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events) 1st june 2017 callendar house callendar house callendar park falkirk fk1 1yr 2nd november 2013 cumbernauld museum cumbernauld museum cumbernauld library 8 allander walk cumbernauld g67 1ee (in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events) 1st june 2017 dean castle dean castle dean road kilmarnock ka3 1xb 1st june 2017 dick institute dick institute elmbank avenue kilmarnock ka1 3bu (in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events) 1st june 2017 elgin museum elgin museum 1 high street elgin iv36 2hl 1st june 2017 the fergusson gallery the fergusson gallery marshall place perth pa2 8ns 1st june 2017 glasgow women's library glasgow women's library 23 landressy street glasgow g40 1bp (in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events) 1st june 2017 kilsyth heritage kilsyth heritage kilsyth library burngreen kilsyth g65 0ht (in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events) 1st june 2017 king's own royal regiment museum king's own royal regiment museum city museum market square lancaster la1 1ht 1st june 2017 kirkcaldy museum and art gallery kirkcaldy galleries war memorial gardens kirkcaldy ky1 1yg (in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events) 1st june 2017 the library and museum of freemasonry the library and museum of freemasonry 60 great queen street london wc2b 5az (in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events) 1st june 2017 nantwich museum nantwich museum pillory street nantwich cheshire cw5 5bq 1st june 2017 north lanarkshire heritage centre north lanarkshire heritage centre high road motherwell ml1 3hu 1st june 2017 perth museum and art gallery perth museum and art gallery 78 george street perth ph1 5lb 1st june 2017 the pier arts centre the pier arts centre 28-36 victoria street stromness orkney kw16 3aa 1st june 2017 pittencrieff house museum pittencrieff house museum pittencrieff park dunfermline ky12 8qh 1st june 2017 the regimental museum of the royal highland fusiliers the regimental museum of the royal highland fusiliers 518 sauchiehall street glasgow g2 3lw 1st september 2014 the regimental museum of the royal highland fusiliers kelvin hall 1445 argyle street glasgow g3 8aw 1st september 2014 the royal academy of arts the royal academy of arts burlington house piccadilly london w1j 0bd 1st january 2014 royal college of music the royal college of music museum royal college of music prince consort road london sw7 2bs 5th august 2015 shotts heritage centre shotts heritage centre 5 behar road shotts ml7 5en (in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events) 1st june 2017 stirling smith art gallery and museum stirling smith art gallery and museum dumbarton road stirling fk8 2rq 2nd november 2013 stockwood discovery centre stockwood discovery centre stockwood park london road luton lu1 4lx 1st june 2017 summerlee museum of scottish industrial life summerlee museum of scottish industrial life heritage way coatbridge ml5 1qd 1st june 2017 touchstones rochdale touchstones rochdale the esplanade rochdale lancaster ol16 1aq 2nd november 2013 towner art gallery towner art gallery devonshire park college road eastbourne bn21 4jj 1st june 2014 university of nottingham university of nottingham museum nottingham lakeside arts university blvd nottingham ng7 2rd 1st june 2017 wardown park museum wardown park museum old bedford road luton lu2 7ha 1st june 2017 west highland museum west highland museum cameron square fort william ph33 6aj 2nd november 2013 yorkshire sculpture park yorkshire sculpture park west bretton wakefield wf4 4lg (in respect of the collections housed in its purpose-built buildings) 1st june 2017 david evennett heather wheeler two of the lords commissioners of her majesty's treasury 11th september 2017

citation and commencement 1 these regulations may be cited as the financial services and markets act 2000 and the financial services (banking reform) act 2013 (disclosure of confidential information) (amendment) regulations 2017 and come into force on 12th april 2017. amendment of the financial services and markets act 2000 (disclosure of confidential information) regulations 2001 2 1 the financial services and markets act 2000 (disclosure of confidential information) regulations 2001 are amended as follows. 2 in schedule 1 (disclosure of confidential information whether or not subject to single market restrictions), in part 1 at the end insert - the comptroller and auditor general (a) that person's function under section 6 of the national audit act 1983 of carrying out examinations into the economy, efficiency and effectiveness with which the fca has used its resources in discharging its functions (b) that person's function of carrying out examinations under section 7d of the bank of england act 1998 the national audit office functions for which it is responsible by virtue of section 22 of, and schedule 3 to, the budget responsibility and national audit act 2011 in relation to - (i) examinations under section 6 of the national audit act 1983 in respect of the fca; or (ii) examinations under section 7d of the bank of england act 1998 amendment of the financial services (banking reform) act 2013 (disclosure of confidential information) regulations 2014 3 in the financial services (banking reform) act 2013 (disclosure of confidential information) regulations 2014 , in the schedule (persons and functions in respect of which disclosure is permitted) at the end insert - the comptroller and auditor general (a) that person's function under section 6 of the national audit act 1983 of carrying out examinations into the economy, efficiency and effectiveness with which the fca or the payment systems regulator has used its resources in discharging its functions (b) that person's function of carrying out examinations under section 7d of the bank of england act 1998 the national audit office functions for which it is responsible by virtue of section 22 of, and schedule 3 to, the budget responsibility and national audit act 2011 in relation to - (i) examinations under section 6 of the national audit act 1983 in respect of the fca or the payment systems regulator; or (ii) examinations under section 7d of the bank of england act 1998 andrew griffiths guy opperman two of the lords commissioners of her majesty's treasury 21st march 2017

citation 1 these regulations may be cited as the education and adoption act 2016 (commencement no. 3) regulations 2017. provisions coming into force on 11th january 2017 2 the following provisions of the education and adoption act 2016 come into force on 11th january 2017: a section 1 (coasting schools) for all remaining purposes; b section 16 (consequential repeals) so far as it repeals provisions of the apprenticeship, skills, children and learning act 2009 and the education act 2011 . nick gibb minister of state department for education 9th january 2017

part 1 preliminary citation and commencement 1 this order may be cited as the network rail (streat green underbridge) (temporary land acquisition) order 2017 and comes into force on 4th january 2018. 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 2015 order" means the town and country planning (general permitted development) (england) order 2015 ; "authorised works" means the works required to reconstruct the streat green underbridge ( no. kje1/666) permitted by the 2015 order and the notice of prior approval granted by lewes district council on 16th december 2014 reference number lw/14/0889 or such other notice of prior approval as may be issued by lewes district council for such works under the 2015 order; "the book of reference" means the book of reference 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; "electronic transmission" means a communication transmitted - by means of an electronic communications network; or by other means but while in electronic form; "the land plan" means the plan certified by the secretary of state as the land plan for the purposes of this order; and "network rail" means network rail infrastructure limited (company registration number 02904587) whose registered office is 1 eversholt street, london nw1 2dn. 2 all measurements stated in any description of lands in the book of reference are approximate. 3 references in this order to numbered plots are references to plot numbers shown on the land plan. part 2 land provisions temporary possession of land 3 1 network rail may, in connection with the carrying out of the authorised works, enter upon and take temporary possession of the land specified in columns (1) and (2) of the schedule (land of which temporary possession may be taken) for the purposes specified in column (3) of that schedule. 2 not less than 14 days before entering upon and taking temporary possession of land under this article network rail must serve notice of the intended entry on the owners and occupiers of the land. 3 network rail may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the authorised works. 4 before giving up possession of land of which temporary possession has been taken under this article, network rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of land, but network rail is not required to replace a building removed in connection with the carrying out of the authorised works. 5 network rail 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 powers conferred by this article. 6 any dispute as to a person's entitlement to compensation under paragraph (5), or as to the amount of compensation, is to be determined under part 1 of the 1961 act. 7 without affecting article 9 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5). 8 where network rail takes possession of land under this article, network rail is not required to acquire the land or any interest in it. application of part 1 of the 1965 act 4 sections 1, 3 and 13 of the 1965 act, in so far as not inconsistent with the provisions of this order, apply to the temporary use of land under this order to the same extent as they apply to a compulsory purchase to which the acquisition of land act 1981 applies and as if this order were a compulsory purchase order under that act. suspension of private rights of way 5 1 subject to paragraph (3), all private rights of way over land of which network rail takes temporary possession under this order are suspended and unenforceable for as long as network rail remains in lawful possession of the land. 2 any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 3 paragraph (1) has effect subject to - a any notice given by network rail before network rail's taking temporary possession of the land that paragraph (1) does not apply to any right of way specified in the notice; and b any agreement which makes reference to this article (whether made before or after network rail's taking temporary possession of the land and before or after the coming into force of the order) between network rail and the person in or to whom the right of way in question is vested or belongs. 4 if any such agreement as is mentioned in paragraph (3)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. time limit for exercise of powers of acquisition 6 the powers conferred by article 3 (temporary possession of land) cease at the end of the period of 5 years beginning with the day on which this order comes into force, but nothing in this article prevents network rail from remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period. part 3 miscellaneous and general certification of plans, etc 7 network rail must, as soon as practicable after the making of this order, submit copies of the book of reference and the land plan to the secretary of state for certification that they are, respectively, true copies of the book of reference and land plan referred to in this order; and a 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 8 1 a notice or other document required or authorised to be served for the purposes of this order may be served - a by post; or b 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 (references to service by post) 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 taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission. 6 where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any 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 final and takes effect on a date specified by the person in the notice but that date must not be less than 7 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. no double recovery 9 compensation is not payable in respect of the same matter both under this order and under any other enactment, any contract or any rule of law. arbitration 10 any difference under any provision of this order, unless otherwise provided for, must 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 president of the institution of civil engineers. signed by authority of the secretary of state for transport natasha kopala head of the transport and works act orders unit department for transport 14th december 2017

citation 1 this order may be cited as the taxation of chargeable gains (gilt-edged securities) order 2017. securities specified as gilt-edged securities 2 for the purposes of the taxation of chargeable gains act 1992 the following securities are specified as "gilt-edged securities" - 0% index-linked treasury gilt 2036 0% index-linked treasury gilt 2065 0% treasury gilt 2022 1% treasury gilt 2026 1% treasury gilt 2037 1% treasury gilt 2047 2% treasury gilt 2065. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 10th january 2017

citation, commencement and extent 1 1 this order may be cited as the immigration and nationality (fees) (amendment) 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, scotland and northern ireland. 3 article 1 and paragraphs (1) to (6) of article 2 extend to the isle of man. 4 article 1 and paragraphs (1) to (5) of article 2 extend to the bailiwick of jersey and to the bailiwick of guernsey. amendment of the immigration and nationality (fees) order 2016 2 1 the immigration and nationality (fees) order 2016 is amended in accordance with the following paragraphs. 2 in article 1 (citation, commencement and extent) - a for paragraph (4) substitute - 4 articles 1 to 5a extend to the isle of man for the purpose of issuing entry clearance to enter the isle of man, and for the purpose of any function incidental to the issue of such entry clearance. ; b after paragraph (4), insert - 5 articles 1 to 5 extend to the bailiwick of guernsey and the bailiwick of jersey, but only for the purpose of granting entry clearance to enter the bailiwick concerned. . 3 in article 2 (interpretation) - a omit the definition of "control port"; b in the definition of "electronic visa waiver", for the words "to enter the united kingdom" to the end, substitute "to travel to the united kingdom for the purpose of entry where that person, in the absence of such a document, would require entry clearance to undertake that travel"; c in the definition of "entry clearance" - i in sub-paragraph (a), for the words "sub-paragraph (b)", substitute "sub-paragraphs (b) to (d)"; ii insert after sub-paragraph (b) - c in relation to the bailiwick of guernsey has the same meaning as provided in section 33(1) of the 1971 act as extended to the bailiwick of guernsey ; d in relation to the bailiwick of jersey has the same meaning as provided in section 33(1) of the 1971 act as extended to the bailiwick of jersey ; d after the definition of "unsponsored worker" insert - "web-chat facility" means an internet-based facility enabling direct communication in real-time between an advisor and an applicant or their representative . 4 in article 4 (applications for entry clearance or leave to remain as a visitor) - a in the heading, before the words "or the isle of man", insert ", the bailiwick of guernsey, the bailiwick of jersey"; b in paragraph (1), before the words "or the isle of man", insert ", the bailiwick of guernsey, the bailiwick of jersey". 5 in article 5 (applications for leave to enter, entry clearance, or leave to remain other than as a visitor) - a in the heading, before the words "or the isle of man", insert ", the bailiwick of guernsey, the bailiwick of jersey"; b in paragraph (1), before the words "or the isle of man", insert ", the bailiwick of guernsey, the bailiwick of jersey". 6 after article 5, insert - amount payable for an approval letter: isle of man 5a 1 a fixed amount of no more than 2,000 is to be charged for consideration of an application or request for an approval letter in relation to an application for entry clearance to enter the isle of man. 2 a fixed amount of no more than 550 is to be charged when a copy, replacement or amended version of an approval letter is requested. . 7 in table 6, at the end of article 9 (premium services) - a in the second column of the row beginning "6.11", omit the words "at a control port". b substitute the row beginning "6.12" with - 6.12 the provision of advice, information, assistance or training in relation to functions in connection with immigration or nationality where provided by a contractor. where provided - (a) electronically, whether by web-chat facility or email, a fixed amount; (a) 6.25 (b) by telephone or in person, rate per minute per contractor. (b) 2.50 ; c at the end, add - 6.14 the provision of advice, information, assistance or training in relation to functions in connection with immigration or nationality, to the extent not otherwise provided for by any other entry in this table. rate per minute per person providing the advice, information, assistance or training. 2.50 . robert goodwill minister of state home office 14th march 2017 we consent david evennett robert syms two of the lords commissioners of her majesty's treasury 13th march 2017

title, commencement and interpretation 1 1 the title of this order is the health education and improvement wales (establishment and constitution) order 2017. 2 this order comes into force on 5 october 2017. 3 in this order "heiw" means health education and improvement wales. establishment of heiw 2 there is established a special health authority known as health education and improvement wales or addysg a gwella iechyd cymru. functions of heiw 3 1 heiw is to exercise - a such functions in relation to the planning, commissioning and delivery of education and training for persons who are employed, or who are considering becoming employed, in any activity which involves or is connected with the provision of health services; and b such other functions; as the welsh ministers may direct . 2 in this article, "health services" means services provided as part of the health service continued under section 1(1) of the national health service (wales) act 2006. constitution of heiw 4 1 heiw consists of - a a chairman; b not more than 6 other members who are not officers of heiw in addition to the chairman; and c not more than 5 other members who are officers of heiw including the person who for the time being holds the office of chief executive. 2 the number of members who are officers of heiw must not exceed the number of members who are not such officers. public meetings 5 the public bodies (admission to meetings) act 1960 is to apply to heiw. vaughan gething cabinet secretary for health, well-being and sport, one of the welsh ministers 11 september 2017

citation and commencement 1 these regulations may be cited as the road vehicles (construction and use) (amendment etc.) (no. 2) regulations 2017 and come into force on 1st february 2018. amendment of regulations 2 1 the road vehicles (construction and use) regulations 1986 are amended as follows. 2 in paragraph 7 of part 1 to schedule 7b (emissions from certain motor vehicles), for sub-paragraph (b) substitute - b "the emissions publication" is the publication entitled "in service exhaust emission standards for road vehicles - nineteenth edition" ( isbn 978-1-84864-176-1) published by the department for transport. . revocation 3 the road vehicles (construction and use) (amendment no. 2) regulations 2014 are revoked. signed by authority of the secretary of state for transport jesse norman parliamentary under secretary of state department for transport 11th december 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the town and country planning (fees for applications, deemed applications, requests and site visits) (england) (amendment) regulations 2017 and come into force on the twenty eighth day after the day on which they are made. 2 in these regulations "the 2012 regulations" means the town and country planning (fees for applications, deemed applications, requests and site visits) (england) regulations 2012 . amendments in relation to an increase in application fees 2 1 the 2012 regulations are amended as follows. 2 in regulation 11 - a in paragraph (3)(b) for "195" substitute "234"; b in paragraph (6)(a) for "385" substitute "462"; and c in paragraph (6)(b) for "19,049" substitute "22,859", for "115" substitute "138" and for "250,000" substitute "300,000". 3 in regulation 15 - a in paragraph (4) for "331" substitute "397"; and b in paragraph (5) for "110" substitute "132". 4 in paragraph (1) of regulation 16 - a in sub-paragraph (a) for "28" substitute "34"; and b in sub-paragraph (b) for "97" substitute "116". 5 in regulation 17 - a the first provision is numbered as paragraph (1); b in paragraph (1)(a) for "28" substitute "34"; and c in paragraph (1)(b) for "195" substitute "234". 6 in paragraph (2) of regulation 18, for "195" substitute "234". 7 in part 1 of schedule 1 - a in paragraphs 3(1) and 4(2) for "385" substitute "462"; b in paragraphs 5 and 6(b) for "195" substitute "234"; c in paragraph 7(1) - i in paragraph (a) for "57" substitute "68"; ii in paragraph (b) for "575" substitute "690"; iii in paragraph (c) for "195" substitute "234"; and d in paragraph 14(2) - i in paragraph (a) for "385" substitute "462"; ii in paragraph (b) for "9,527" substitute "11,432", for "115" substitute "138" and for "125,000" substitute "150,000". 8 in part 2 of schedule 1 (scale of fees), in the "fee payable" column of the table, for any fee of an amount specified in column 1 of the table below, substitute the increased amount specified in column 2. column 1 - amount in specified in the scale of fees table in part 2 of schedule 1 to the 2012 regulations column 2 - increased amount 80 96 115 138 126 151 172 206 195 234 214 257 339 407 385 462 423 508 1,690 2,028 2,150 2,580 9,527 11,432 19,049 22,859 29,112 34,934 31,725 38,070 32,100 38,520 65,000 78,000 125,000 150,000 250,000 300,000 9 in schedule 2 in the table, for "110" in both places it occurs, substitute "132" and for "385" substitute "462". amendments in relation to permission in principle 3 1 the 2012 regulations are amended as follows. 2 in regulation 1 - a after paragraph (4)(b)(i) insert - iiza applications for permission in principle; ; and b in paragraph (4)(b)(ix) omit "to planning permission". 3 in paragraph (1) of regulation 3, after "development of land" insert ", for permission in principle". 4 in regulation 8 - a in paragraph (1) at the end of sub-paragraph (a) omit "or" and after that sub-paragraph insert - aa an application for permission in principle which is made following the granting of permission in principle for development which the local planning authority are satisfied is development of the same character or description as the development to which the application relates, on an application for permission in principle made by or on behalf of the same applicant; or ; b in paragraph (2)(a) after "planning permission" insert ", grant of permission in principle"; and c in paragraph (2)(b) at the end of paragraph (i) omit "or" and after that paragraph insert - ia in the case of an application for permission in principle, to the same site as that to which the grant of permission in principle related, or to part of that site, and to no other land except land included solely for the purpose of providing a different means of access to the site; or . 5 in regulation 9 - a in paragraph (1) after sub-paragraph (a) insert - aa an application for permission in principle which is made following the withdrawal (before notice of the decision was issued) of a valid application for permission in principle made by or on behalf of the same applicant; ; b in paragraph (1) after sub-paragraph (b) insert - ba an application for permission in principle which is made following the refusal of permission in principle (whether by the local planning authority or by the secretary of state on appeal or following the reference of the application to the secretary of state for determination) on a valid application for permission in principle made by or on behalf of the same applicant; ; c in paragraph (1) after sub-paragraph (c) insert - ca an application for permission in principle which is made following the making of an appeal to the secretary of state under section 78(2) of the 1990 act (right of appeal against failure to take planning decisions) in relation to a valid application for permission in principle made by or on behalf of the same applicant; ; d in paragraph (2)(b)(i) after "planning permission" insert "or permission in principle"; e in paragraph (2)(c) after "planning permission" insert "or permission in principle"; and f after paragraph (2)(d) insert - da in the case of an application for planning permission which is in the form of an application for technical details consent, that the earlier application was also in the form of an application for technical details consent; . 6 in paragraph (1) of regulation 9a, after "planning permission" insert ", or permission in principle". 7 in paragraph (2) of regulation 12, after "planning permission" insert "or permission in principle, as the case may be,". 8 in regulation 17 - a in the heading after "planning permission" insert "or permission in principle"; and b in paragraph (1) omit the words "to planning permission". 9 in schedule 1 - a in part 1 - i in paragraph 1(3)(a) after "planning permission" insert "or permission in principle"; ii in paragraph 8(1)(a) after "planning permission" insert "or permission in principle"; iii in paragraph 8(1)(b) after "development management procedure order (general provisions in relation to applications)" insert "or article 5d(1) of the town and country planning (permission in principle) order 2017, as the case may be."; iv in paragraph 10(1)(a) after "planning permission" insert "or permission in principle"; v in paragraph 10(2) after planning permission" insert ", permission in principle"; and b in the table in part 2 - i in the entry relating to category 1, in the second column (fee payable), after sub-paragraph (1) insert - 1a where the application is for permission in principle, 402 for each 0.1 hectare of the site area. ; ii in the entry relating to category 2, in the second column (fee payable), after sub-paragraph (1) insert - 1a where the application is for permission in principle, 402 for each 0.1 hectare of the site area. ; iii in the entry relating to category 3, in the second column (fee payable), after sub-paragraph (1) insert - 1a where the application is for permission in principle, 402 for each 0.1 hectare of the site area. . amendments in relation to fees for pre-application advice given by a mayoral development corporation or an urban development corporation 4 1 in regulation 2 of the 2012 regulations - a before the definition of "the 1990 act" insert - "the 1980 act " means the local government, planning and land act 1980; ; b after the definition of "landfill site" insert - "mayoral development corporation" means a corporation which is - established for a mayoral development area, and specified as the local planning authority for the purposes of part 3 of the 1990 act for all or part of that area, by an order made by the secretary of state under section 198 of the localism act 2011; ; and ; and c after the definition of "site visit" omit the word "and" and insert - "urban development corporation" means a corporation which is - established for an urban development area by an order made by the secretary of state under section 135 of the 1980 act; and specified as the local planning authority for the purposes of part 3 of the 1990 act, for all or part of that area in an order made by the secretary of state under section 149 of the 1980 act; and . 2 after regulation 2a of the 2012 regulations insert - pre-application advice given by a mayoral development corporation or an urban development corporation 2b 1 subject to paragraph (2), where a mayoral development corporation or an urban development corporation ("the corporation"), gives advice to a person at the request of that person about applying for any permission, approval or consent under part 3 of the 1990 act ("pre-application advice"), the corporation shall charge that person a fee. 2 the corporation may only charge a fee for pre-application advice under paragraph (1) if - a a fee schedule has been adopted by the corporation in accordance with paragraphs (3) and (4); b the requirements of paragraph (5) have been met; c the fee schedule has come into effect on or before the date on which the request for pre-application advice is made; d the fee schedule meets the requirements in paragraph (6); e the fee schedule provides for a fee to be charged for that advice; and f the fee is calculated in accordance with the fee schedule. 3 a fee schedule is adopted when the corporation resolves to adopt it. 4 a corporation may only adopt a fee schedule if it has published a copy of the proposed fee schedule - a in one or more newspapers, whose circulation or combined circulations cover the corporation's area; and b on its website, at least 21 days before the fee schedule is adopted. 5 within 5 days of adopting the fee schedule, the corporation must publish a copy of it on its website and make hard copies of it available on request. 6 the fee schedule referred to in paragraph (2) must - a set out how a fee charged under paragraph (1) is to be calculated; and b specify the date on which it comes into effect, which may not be earlier than 10 days after the day on which it is adopted. 7 the corporation may amend a fee schedule at any time and, in relation to the charging of a fee under paragraph (1) for advice to which the amendment relates, paragraphs (2) to (6) apply but as if for "fee schedule" there were substituted "amended fee schedule". . amendments in relation to fees for certain applications under the general permitted development order 5 1 in regulation 2 of the 2012 regulations in the definition of "the general permitted development order" for "order 1995" substitute "(england) order 2015" . 2 omit regulation 5 of the 2012 regulations. 3 in regulation 14 of the 2012 regulations for sub-paragraphs (za) to (b) of paragraph (1) substitute - za for an application under any part of that schedule relating to development which involves the making of any material change in the use of any buildings or other land, except for an application under part 4 (temporary buildings and uses), 96; zb for an application under part 3 of that schedule relating to development consisting of the making of a material change in the use of any buildings or other land and building operations in connection with that change of use, 206; a for an application under parts 4 (temporary buildings and uses), 6 (agricultural and forestry), 7 (non-domestic extensions, alterations etc ), 11 (heritage and demolition) or 14 (renewable energy) of that schedule, 96; and b for an application under part 16 of that schedule (communications), 462. amendments consequential on the town and country planning (development management procedure) order 2015 6 1 the 2012 regulations are amended as follows. 2 in paragraph (1) of regulation 2 in the definition of "the development management procedure order" for "2010" substitute "2015" . 3 in regulation 9 - a for paragraph (2)(a)(ii) substitute - ii in the case of an application which is made following an appeal under section 78(2) of the 1990 act, the date when (by virtue of article 27 (applications made under a planning condition) or 34 (time periods for decisions) of the development management procedure order or article 5s of the town and country planning (permission in principle) order 2017, as the case may be) the period for the giving of notice of a decision on the earlier valid application expired; or ; and b for paragraph (3) substitute - 3 in this regulation "valid application" has the same meaning as in article 34(4) of the development management procedure order or article 5s(3) of the town and country planning (permission in principle) order 2017, as the case may be. 4 in regulation 9a in paragraph (3), for the definition of "valid application" substitute - "valid application" is - where the application is made to a local planning authority, to have the same meaning as in article 34(4) of the development management procedure order or article 5s(3) of the town and country planning (permission in principle) order 2017, as the case may be; where the application is made under section 62a of the 1990 act, to have the same meaning as in article 8(4) of the town and country planning (section 62a applications) (procedure and consequential amendments) order 2013. . 5 in regulation 11 in paragraph (5)(a)(ii) for "article 35" substitute "article 39". 6 in paragraph (8) of regulation 11a for the words from "article 29(3)" to the end substitute "article 8(4) of the town and country planning (section 62a applications) (procedure and consequential amendments) order 2013." 7 in part 1 of schedule 1 - a in paragraph 7(1) for "article 18(1)(b) or (c)" substitute "article 20(1)(b) or (c)"; and b in paragraph 8(1)(b) for "article 10(1)" substitute "article 11(1)". transitional provision 7 the amendments made by regulations 2 and 5 of these regulations do not apply to - a applications - i made, or ii deemed to have been made by virtue of section 177(5) of the 1990 act (grant or modification of planning permission on appeals against enforcement notices) in connection with an enforcement notice issued, before the date on which these regulations come into force "the coming into force date"; b requests made before the coming into force date; and c site visits which take place before the coming into force date. signed by authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 20th december 2017

citation and commencement 1 1 these regulations may be cited as the non-domestic rating (alteration of lists and appeals) (england) (amendment) regulations 2017. 2 these regulations come into force on 1st april 2017. application 2 the amendments made by these regulations apply only in relation to - a a local non-domestic rating list compiled on or after 1st april 2017; and b a central non-domestic rating list compiled on or after 1st april 2017. interpretation 3 in these regulations, "the 2009 regulations " means the non-domestic rating (alteration of lists and appeals) (england) regulations 2009 . amendment of regulation 2 4 1 regulation 2 (interpretation: general) of the 2009 regulations is amended as follows. 2 in paragraph (1) - a at the appropriate place insert - "vte's electronic portal" means the online facility provided by the vte for use in connection with appeals made in relation to - a local list compiled on or after 1st april 2017; or a central list compiled on or after 1st april 2017; ; b in the definition of "appeal", for paragraph (a) substitute - a regulation 13a; ; and c in the definition of "proposal", after "means a proposal" insert "under regulation 6". 3 in paragraph (3) - a in sub-paragraph (a), omit "an appeal under regulation 8 or"; and b in sub-paragraph (b), for "regulation 13" substitute "regulation 13a". amendment of regulation 3 5 1 regulation 3 (interpretation of part 2) of the 2009 regulations is amended as follows. 2 the existing provision (excluding the heading) is renumbered as paragraph (1). 3 in paragraph (1) as renumbered - a at the appropriate place insert - "check", in relation to a hereditament, has the meaning given in regulation 4a; "confirmation" means a confirmation under regulation 4c(1)(c); "grounds of the appeal" means the ground or grounds in regulation 13a(2) on which an appeal is made; "grounds of the proposal" means the ground or grounds in regulation 4 on which a proposal is made; "incomplete proposal" has the meaning given in regulation 8(1); "particulars of the grounds of the proposal" has the meaning given in regulation 6(4)(b); "smaller proposer" means a person who qualifies as a smaller proposer under regulation 3a on the day the person provides a confirmation; "vo's electronic portal" means the online facility provided by the vo for use in connection with proposals for the alteration of a local list compiled on or after 1st april 2017; ; and b in the definition of "list", for "1st april 2005" substitute "1st april 2017". 4 after paragraph (1) insert - 2 for the purpose of this part, a proposal is "determined" if - a it is withdrawn under regulation 11; b it is treated as withdrawn under regulation 12; or c a decision is given under regulation 10 or 13 in relation to the proposal. . insertion of regulation 3a 6 after regulation 3 of the 2009 regulations insert - qualifying as a smaller proposer 3a 1 for the purpose of these regulations, a person mentioned in regulation 4(2) qualifies as a smaller proposer on a day if on that day the person - a falls within the definition of "micro business" in section 33(3) of the small business, enterprise and employment act 2015 ("the 2015 act ") , subject to the modifications contained in this regulation; or b is an individual who does not fall within the definition of "undertaking" in section 33(6) of the 2015 act, subject to the modifications contained in this regulation. 2 in paragraph (a) of the definition of "undertaking" in section 33(6) of the 2015 act, the reference to "businesses" is to be read as if section 27 of that act applies to that reference. 3 in determining whether an undertaking meets the "micro business size conditions" defined in section 33(3) of the 2015 act, all business activities within the meaning of section 27 of that act ("business activities") carried on by the undertaking must be taken into account. 4 regulations made under section 33(4) of the 2015 act do not apply to the meaning of "micro business" in section 33 of that act. 5 the definition of "micro business" in section 33(3) of the 2015 act is to be read as if - a "balance sheet total" means the aggregate of the amounts shown as assets in a balance sheet of the undertaking's assets and liabilities prepared by the undertaking during the last 12 month period; b "head count of staff" means the average number of persons employed by the undertaking, as determined under paragraph (6) of this regulation; c "micro business threshold" means - i in relation to balance sheet total, 2 million; ii in relation to turnover, for an undertaking that has carried on business activities for at least 12 months, 2 million; iii in relation to turnover, for an undertaking that has carried on business activities for less than 12 months, an amount proportionally adjusted; and d "turnover" has the same meaning as in section 474(1) of the companies act 2006 . 6 the average number of persons employed by the undertaking is determined as follows - a for an undertaking that has carried on business activities for at least 12 months - i for each month in the last 12 month period, find the number of persons employed under contracts of employment by the undertaking at any time in that month; ii add together the monthly totals; and iii divide by 12; b for an undertaking that has carried on business activities for less than 12 months - i for each of those months, find the number of persons employed under contracts of employment by the undertaking at any time in that month; ii add together the monthly totals; and iii divide by the number of monthly totals. 7 in this regulation, "last 12 month period" means the period of 12 months ending on the day mentioned in paragraph (1). . amendment of regulation 4 7 in regulation 4 (circumstances in which proposals may be made) of the 2009 regulations - a omit paragraph (2)(b); and b in paragraph (3)(c) for "in question" substitute "was made as a result of a previous proposal relating to that hereditament or". insertion of regulations 4a to 4f 8 after regulation 4 (circumstances in which proposals may be made) of the 2009 regulations insert - check of information about a hereditament 4a 1 a person may not make a proposal in relation to a hereditament unless a check of information about the hereditament has been completed ("a check"). 2 a check consists of the steps in regulations 4b to 4f. 3 for the purpose of these regulations, a check is completed in relation to a hereditament on - a the date on which the vo serves a notice under regulation 4f(1); or b the date on which the check is taken to be completed under regulation 4f(3). request for information held by the vo 4b 1 this regulation applies to a person mentioned in regulation 4(2). 2 before making a proposal in relation to a hereditament, the person must request from the vo information which the vo holds about the hereditament. 3 on receiving a request for information under paragraph (2), the vo must provide the person with that information if - a the information reasonably relates to any of the grounds set out in regulation 4; and b the vo considers it reasonable to provide the person with that information. 4 when providing the person with information under paragraph (3), if the vo is missing any factual information about the hereditament the vo may ask the person to provide the vo with the missing information. 5 the person must request or provide information under this regulation - a using the vo's electronic portal; or b in another manner agreed with the vo. confirmation of accuracy of information 4c 1 on receiving information about the hereditament provided by the vo under regulation 4b(2), the person must - a if any of that information is inaccurate, provide the vo with the accurate information; b if the vo has asked the person under regulation 4b(4) to provide the vo with any missing factual information, provide the vo with the missing information; and c confirm to the vo - i which of the information provided by the vo under regulation 4b(3) is accurate; and ii that any information provided by the person under sub-paragraph (a) or (b) is accurate. 2 a confirmation and any information provided by a person under paragraph (1) must be provided - a using the vo's electronic portal; or b in another manner agreed with the vo. 3 a confirmation must include a statement as to whether or not, on the day the person provides the confirmation, the proposer qualifies as a smaller proposer. acknowledgment of receipt of confirmation 4d 1 on receiving a confirmation, the vo must serve on the person who made the confirmation a written acknowledgement of receipt which must state - a the date on which the vo received the confirmation; and b the date of the acknowledgement. 2 for the purpose of these regulations, the date on which the vo received a confirmation is the date stated in the acknowledgement in accordance with paragraph (1)(a). completion of check 4e on receiving any information provided under regulation 4c(1), the vo must - a decide if that information is accurate or inaccurate; b alter the list to correct any inaccuracy in relation to - i the rateable value of the hereditament; or ii any other information shown in the list about the hereditament; and c update any other information held by the vo about the hereditament to correct any inaccuracy. notification that a check has been completed 4f 1 as soon as reasonably practicable after the steps in regulations 4b to 4e have been taken in relation to a hereditament, the vo must serve on the person who made the request under regulation 4b(2) a notice stating that a check has been completed in relation to the hereditament. 2 the notice must include the following - a the date on which the notice is served; b the name of the person; c the identity of the hereditament; d details of any alteration the vo made to the list as a result of the check; e a summary of any changes the vo made as a result of the check of information the vo holds about the hereditament; f a statement of the person's right to make a proposal. 3 a check is taken to be completed - a if the vo has not served a notice under paragraph (1) before the end of the period of 12 months beginning with the date on which the vo received a confirmation, at the end of that period; or b if the vo has not served a notice under paragraph (1) before the end of any longer period agreed in writing by the vo and the person, at the end of that period. . revocation of regulation 5 9 regulation 5 (periods in which proposals may be made: 2005 list and subsequent lists) is revoked. substitution of regulation 6 10 for regulation 6 (proposals: general) of the 2009 regulations, substitute - proposals: general 6 1 subject to regulation 6a, a proposal in relation to a hereditament may only be made within the period of 4 months beginning with the date on which a check was completed in relation to the hereditament. 2 a proposal must be made by serving it on the vo - a using the vo's electronic portal; or b in another manner agreed with the vo. 3 the date a proposal is made is the date on which it is served on the vo. 4 a proposal must include - a the name, address and contact details of the proposer; b the grounds of the proposal including the particulars on which each of the grounds is based ("particulars of the grounds of the proposal"); c details of the proposed alteration of the list; d the date from which the proposer asserts the proposed alteration should have effect; e the date on which the proposal is served on the vo; f evidence to support the grounds of the proposal; and g a statement as to how the evidence supports the grounds of the proposal. 5 a proposal in relation to a hereditament ("the hereditament") made on the ground set out in regulation 4(1)(e) must also include - a the date of the decision made in relation to another hereditament ("the decision"); b the name of the tribunal or court which made the decision; c information to identify the other hereditament; d the reasons the proposer believes that the decision is relevant to the rateable value or other information shown in the list for the hereditament; and e the reasons the proposer believes that, by reason of the decision, the rateable value or other information shown in the list for the hereditament is inaccurate. 6 if a proposal in relation to a hereditament is made on one or more of the grounds set out in regulation 4(1)(a) to (g) and (i) to (l) and the hereditament is occupied under a lease, easement or licence to occupy, the proposal must also include - a where the proposer is the occupier, the amount payable each year by the proposer, as at the date the proposal is made, in respect of the lease, easement or licence to occupy, the date at which that amount first became payable and details of any rent-free periods; or b where the proposer is not the occupier, the amount payable each year to the proposer, as at the date the proposal is made, in respect of the lease, easement or licence to occupy, the date at which that amount first became payable and details of any rent-free periods. 7 a proposal may deal with more than one hereditament only - a if it is made on the ground set out in regulation 4(1)(k) or (l); or b where the person making the proposal does so in the same capacity in relation to each hereditament and each hereditament is within the same building or the same curtilage. 8 a proposal made on the ground set out in regulation 4(1)(d) or (f) may include a request for either or both of the following - a the restoration of the list to its state before the alteration was made; and b a further alteration of the list in respect of the hereditament. . insertion of regulation 6a 11 after regulation 6 of the 2009 regulations, insert - proposals made on ground in regulation 4(1)(b) 6a 1 paragraph (2) applies to a proposal in relation to a hereditament made on the ground set out in regulation 4(1)(b) if the ground relates to a material change of circumstances mentioned in paragraph 2(7)(d) or (e) of schedule 6 to the act. 2 the proposal may be made by the later of - a the last day in the period of 4 months beginning with the date on which a check was completed in relation to the hereditament; and b the last day in the period of 16 months beginning with the date on which the vo received a confirmation. 3 subject to paragraph (4), a person may make only one proposal on the ground set out in regulation 4(1)(b) in relation to each material change of circumstances. 4 a person may make one proposal on the ground set out in regulation 4(1)(b) in relation to more than one material change of circumstances if - a the material day is the same for each material change of circumstances; and b the effective date is the same for each material change of circumstances. 5 if a person has provided information to the vo under regulation 4c(1) in relation to a material change of circumstances but does not make a proposal within the period in regulation 6(1), or if applicable the period in paragraph (2) of this regulation, the person may not make a proposal in relation to that material change of circumstances. . amendment of regulation 7 12 1 regulation 7 (vo's acknowledgement of proposals) is amended as follows. 2 for paragraph (2) of regulation 7 (vo's acknowledgement of proposals) substitute - 2 paragraph (1) does not apply to an incomplete proposal. . 3 in paragraph (3), for "13" substitute "13e". substitution of regulations 8, 9 and 10 13 for regulations 8 (disputes as to validity of proposals), 9 (procedure after making of proposals) and 10 (proposals agreed by vo) of the 2009 regulations substitute - incomplete proposals 8 1 the vo must refuse a proposal ("an incomplete proposal") which does not include the matters specified in - a regulation 6(4); and b if applicable, regulation 6(5) and (6). 2 if the vo refuses an incomplete proposal, it must serve on the proposer a notice of refusal specifying - a the information which is missing; and b the date the notice is served. 3 if an incomplete proposal in relation to a hereditament is refused, the proposer may make a further proposal within the period of 4 months beginning with the date on which a check was completed in relation to the hereditament. 4 in calculating the period in paragraph (3), the days beginning with the date on which the incomplete proposal was made and ending with the date on which the notice of refusal was served are to be ignored. 5 paragraph (4) does not apply where a second or subsequent notice of refusal is served in relation to the further proposal. procedure after a proposal is made 9 1 the vo must, within the period of 6 weeks beginning with the date on which the vo receives a proposal in relation to a hereditament, serve a copy of the proposal on the ratepayer for that hereditament, unless the ratepayer is the proposer. 2 in paragraph (1), the reference to the date on which the vo receives a proposal does not include a reference to the date on which the vo receives an incomplete proposal. 3 a copy of a proposal served on a ratepayer must be accompanied by a statement of the effect of regulations 10 to 13e. 4 the vo must provide the relevant authority with the information specified in paragraph (5) within the period of 6 weeks beginning with the date on which - a the vo receives the proposal; and b the proposal is determined. 5 the information is - a the identity of the hereditament; b the date the proposal was made in relation to the hereditament; c the rateable value of the hereditament shown in the list on the date the information is given to the relevant authority; d the proposed rateable value; e the date from which the proposer asserts that the proposed rateable value should have effect; and f whether or not the proposal has been determined. 6 the relevant authority may provide the vo with evidence relating to the proposal, and if it does so - a the vo must provide a copy of that evidence to the proposer; and b the proposer may provide the vo with further evidence in response to that evidence. 7 on receipt of the proposal, the vo must if it considers it reasonable to do so provide the proposer with any information the vo holds that relates to the particulars of the grounds of the proposal. 8 before the proposal is determined, the proposer in response to the information provided under paragraph (7) may provide the vo with further evidence to support the grounds of the proposal. 9 before the vo determines the proposal, if the vo receives any further information that relates to the particulars of the grounds of the proposal - a the vo must if it considers it reasonable to do so provide the proposer with that information; and b the proposer may provide the vo with further evidence in response to that information. 10 before the proposal is determined, the proposer may provide the vo with further evidence relating to the grounds of the proposal if that evidence was not known to the proposer and could not reasonably have been acquired by the proposer before the proposal was made. 11 the proposer and the vo may agree in writing that the proposer may provide further evidence in circumstances not mentioned in paragraphs (6) to (10). 12 any evidence provided by the proposer under this regulation forms part of the proposal and must be provided to the vo - a using the vo's electronic portal; or b in another manner agreed with the vo. proposals agreed by vo 10 1 this regulation applies if the vo decides that a proposal is well-founded. 2 the vo must as soon as reasonably practicable after making a decision under paragraph (1) - a alter the list accordingly; and b serve a notice of the decision on - i the proposer; and ii if the proposer is not the ratepayer, the ratepayer. . amendment of regulation 12 14 paragraph (2)(e) of regulation 12 (agreed alterations following proposals) of the 2009 regulations is amended as follows - a omit "or relevant authority"; b omit "or the authority (as the case may be)". substitution of regulation 13 15 for regulation 13 (disagreement as to proposed alteration) of the 2009 regulations substitute - disagreement as to proposed alteration 13 1 this regulation applies if the vo decides that a proposal is not well-founded, and - a the proposal has not been withdrawn under regulation 11; and b there has been no agreement under regulation 12. 2 the vo must, as soon as reasonably practicable after making a decision in relation to a proposal under paragraph (1), serve a notice of the decision ("decision notice") on the following - a the proposer; b if the proposer is not the ratepayer, the ratepayer; c any ip mentioned in regulation 12(2)(e); d the relevant authority if the authority has served a notice on the vo that it wishes to receive a copy of a decision notice in relation to - i the proposal; ii any proposal relating to the hereditament to which the proposal relates; or iii a specified class of proposal or a specified class of hereditament, and the proposal or hereditament to which the proposal relates falls within that class. 3 a decision notice served on a person mentioned in paragraph (2)(a) to (c) must contain - a a statement that the vo is of the opinion that the proposal is not well-founded, that the vo disagrees with the proposed alteration of the list and that the vo has decided - i not to alter the list according to the proposal; or ii to alter the list otherwise than in accordance with the proposal; b the reasons for that decision, including a statement of the evidence and information used to make the decision; c a statement in relation to each of the grounds of the proposal setting out why in the opinion of the vo the ground is not made out, including a summary of any particulars of the grounds of the proposal with which the vo did not agree; and d details of the proposer's right to appeal against the decision. 4 a decision notice served on a relevant authority under paragraph (2)(d) must contain - a a statement that the vo is of the opinion that the proposal is not well-founded, that the vo disagrees with the proposed alteration of the list and that the vo has decided - i not to alter the list according to the proposal; or ii to alter the list otherwise than in accordance with the proposal; b where the vo considers it reasonable to do so - i the reasons for that decision, including a statement of the evidence used to make the decision; and ii a statement in relation to each of the grounds of the proposal setting out why in the opinion of the vo the ground is not made out, including a summary of any particulars of the grounds of the proposal with which the vo did not agree. 5 if the vo decides to alter the list otherwise than in accordance with the proposal the vo must do so as soon as reasonably practicable after making the decision. . insertion of regulations 13a to 13e 16 after regulation 13 of the 2009 regulations insert - making an appeal to the vte 13a 1 a proposer may appeal to the vte on either or both of the grounds set out in paragraph (2) if - a the vo has decided under regulation 13 not to alter the list; b the vo has decided under regulation 13 to alter the list otherwise than in accordance with the proposal; or c the vo has not made a decision under regulation 10 or 13 and - i the proposal is not withdrawn under regulation 11; ii there is no agreement under regulation 12; and iii the period of 18 months beginning with the date on which the proposal was made (or any longer period agreed in writing by the vo and the proposer) has elapsed. 2 the grounds are - a the valuation for the hereditament is not reasonable; b the list is inaccurate in relation to the hereditament (other than in relation to the valuation). 3 in this regulation, "valuation" means the rateable value as determined under schedule 6 to the act. time for making an appeal to the vte 13b 1 a proposer may only make an appeal following a decision of the vo under regulation 13 within the period of 4 months beginning with the date of the decision notice under that regulation. 2 a proposer may only make an appeal in the circumstances set out in regulation 13a(1)(c) within the period of 4 months beginning with the date on which - a the period of 18 months mentioned in regulation 13a(1)(c)(iii) has elapsed; or b any longer period agreed under that regulation has elapsed. notice of appeal 13c 1 an appeal must be made by serving a notice of appeal on the vte - a using the vte's electronic portal; or b in another manner agreed with the vte. 2 a notice of appeal must - a set out the grounds of the appeal; and b identify which particulars of the grounds of the proposal have not been agreed with the vo. 3 a notice of appeal must be accompanied by - a if a decision has been given under regulation 13, a copy of that decision; b a copy of the proposal including any further evidence provided by the proposer under regulation 9; c any evidence or information provided to the proposer by the vo under regulation 9; and d the fee (if any) payable under regulation 13d(1). 4 if a proposer serves the notice of appeal on the vte later than the time for making the appeal specified in regulation 13b or allowed by an extension of time under regulation 6(3)(a) of the procedure regulations, the notice of appeal must be accompanied by a request for an extension of time and the reason the notice of appeal was not served in time. 5 as soon as reasonably practicable after receiving a notice of appeal, the vte must send a copy of the notice of appeal to - a the vo; and b any parties to the appeal. payment of appeal fees 13d 1 subject to paragraph (2), the fee payable on making an appeal following a decision of the vo under regulation 13 is - a for a smaller proposer, 150; b for any other proposer, 300. 2 a fee is not payable for an appeal in the circumstances set out in regulation 13a(1)(c). 3 any fees paid under this regulation must be paid into the consolidated fund. refund of appeal fees 13e 1 a fee paid under regulation 13d must be refunded in full if - a the vte decides that one or more grounds of the appeal are made out ; b the vte makes a consent order under regulation 35 of the procedure regulations; or c an appeal is treated as withdrawn under regulation 19a(7) of those regulations. 2 a fee paid under regulation 13d must be refunded in part in accordance with paragraph (3) if - a the appeal is decided under the procedure regulations without a hearing; and b paragraph (1) does not apply. 3 the amount of the refund is - a for a smaller proposer, 50; b for any other proposer, 100. . amendment of regulation 14 17 1 regulation 14 (time from which alteration is to have effect: 2005 and subsequent lists) of the 2009 regulations is amended as follows. 2 after paragraph (1) insert - 1a paragraphs (2), (2a), (2b) and (6) do not apply in relation to a list compiled on or after 1st april 2017. 1b subject to paragraphs (3) to (7), for a list compiled on or after 1st april 2017, where an alteration is made to correct any inaccuracy in the list on or after the day on which it is compiled, the alteration shall have effect from the day on which the circumstances giving rise to the alteration first occurred. . amendment of regulation 17 18 in paragraph (5) of regulation 17 (notification of alteration) of the 2009 regulations, for "referred to the vte under regulation 13(1)" substitute "made under regulation 13a(1)". amendment of regulation 18 19 1 regulation 18 (relevant hereditaments) of the 2009 regulations is amended as follows. 2 in paragraph (1), after sub-paragraph (a) insert - aa any reference to the vo's electronic portal were a reference to the online facility provided by the cvo for use in connection with proposals for the alteration of a central list compiled on or after 1st april 2017; . 3 in paragraph (2) - a for sub-paragraph (b) substitute - b regulations 4a to 8, ; b in sub-paragraph (c), for "paragraph (1)(b)" substitute "paragraphs (4) to (5)"; and c for sub-paragraph (d) substitute - d regulations 10 to 12, da regulation 13, except paragraphs (2)(d) and (4), db regulations 13a to13e, . amendment of regulation 22 20 1 regulation 22 (notices) of the 2009 regulations is amended as follows. 2 in paragraph (1) - a in the opening words - i for "paragraphs (3) and (4)" substitute "paragraphs (1a), (3) and (4)"; and ii before "given" each time it occurs insert "provided, sent"; and b in sub-paragraph (a)(i), before "given" insert "provided, sent or". 3 after paragraph (1) insert - 1a at the same time as a copy of a notice under any of the following provisions is sent to or served on x's agent, the notice must also be provided to x - a regulation 4d(1); b regulation 4f(1); c regulation 7; d regulation 8(2); e regulation 10(2)(b); f regulation 13(2). . 4 in paragraph (2), before "given" each time it occurs insert "provided, sent". 5 after paragraph (2) insert - 2a any notice to be served by a vo on a person who made a request under regulation 4b(2) or a proposal using the vo's electronic portal (as defined in regulation 3) may be served by notifying the person by electronic communication that a notice addressed to the person is posted on that electronic portal. 2b any notice to be served by the vte on a person who made an appeal using the vte's electronic portal may be served by notifying the person by electronic communication that a notice addressed to the person is posted on that electronic portal. . 6 for paragraph (4) substitute - 4 except where these regulations require a notice to be provided or served using the vo's electronic portal (as defined in regulation 3) or in another manner agreed with the vo, any notice to be provided, sent or given to or served on a vo may be provided, sent, given or served by - a addressing the notice to the vo; and b delivering it or sending it to the vo's office by post or electronic communication. . 7 in paragraph (5) - a in sub-paragraph (a), for "as" substitute "has"; b after sub-paragraph (a) insert - aa any reference to the vo's electronic portal includes a reference to the online facility provided by the cvo for use in connection with proposals for the alteration of a central list compiled on or after 1st april 2017; ; and c in sub-paragraph (b), before "given" insert "provided, sent,". consequential amendment 21 in regulation 3(7)(b)(i) of the non-domestic rating (material day for list alterations) regulations 1992 , for "day on which the proposal was served on the valuation officer" substitute "date on which the vo received a confirmation under regulation 4c of the non-domestic rating (alteration of lists and appeals) (england) regulations 2009 (as stated in an acknowledgement served by the vo under regulation 4d(1) of those regulations)". transitional provision 22 1 the 2009 regulations as in force immediately before these regulations come into force continue to have effect in relation to a non-domestic rating list compiled before 1st april 2017. 2 the non-domestic rating (material day for list alterations) regulations 1992 as in force immediately before these regulations come into force continue to have effect in relation to a non-domestic rating list compiled before 1st april 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 16th march 2017

citation and commencement 1 these regulations may be cited as the local authorities (public health functions and entry to premises by local healthwatch representatives) (amendment) regulations 2017 and come into force on 1st april 2017. amendment of the local authorities (public health functions and entry to premises by local healthwatch representatives) regulations 2013 2 1 the local authorities (public health functions and entry to premises by local healthwatch representatives) regulations 2013 are amended as follows. 2 regulations 5c (review) and 8a (expiry of regulations 5a to 5c) are revoked. signed by authority of the secretary of state for health. o'shaughnessy parliamentary under-secretary of state, department of health 30th march 2017

title and commencement 1 the title of this order is the clocaenog forest wind farm (amendment) order 2017 and it comes into force on 8 december 2017. clocaenog forest wind farm order 2014 amended 2 the clocaenog forest wind farm order 2014 is amended in accordance with articles 3 to 5. article 2 (interpretation) amended 3 1 article 2 is amended as follows. 2 in paragraph (1), for the definition of "the works plan" substitute the following definition - "the works plan" means the revised works plan submitted with the application dated 23 august 2017 for a non-material change to this order under paragraph 2 of schedule 6 to the 2008 act and certified by the welsh ministers in accordance with article 36(1a). article 36 (certification of plans etc ) amended 4 1 article 36 is amended as follows. 2 insert the following paragraph after paragraph (1) - 1a the undertaker must, as soon as practicable after the coming into force of the clocaenog forest wind farm (amendment) order 2017, submit to the welsh ministers a copy of the works plan for certification that it is a true copy. schedule 1 (authorised project) amended 5 1 in the reference to work no. 3 in part 1 (authorised development) of schedule 1, for the words "a series of new tracks, existing tracks subject to improvement and widening and public roads subject to widening" substitute "a series of new tracks, existing tracks subject to improvement and widening, public roads subject to widening and a series of turning heads located adjacent to tracks". 2 the tables relating to work no. 3 in part 1 (authorised development) of schedule 1 are amended as follows. 3 in the table with the heading "new tracks" - a in the row whose first entry is "n7" - i for "300779" substitute "300704"; and ii for "357705" substitute "357556"; and b insert the following after the row whose first entry is "n4" - n25 300509 357483 300277 357467 n26 300596 357354 300614 357029 n27 301133 355580 300866 355375 n28 300784 355332 300534 355065 . 4 in the table with the heading "existing tracks subject to improvement and widening", in the row whose first entry is "e6" - a for "300635" substitute "300614"; and b for "357032" substitute "357029". 5 insert the following table after the table with the heading "public roads subject to widening" - turning heads grid reference turning head number easting northing th1 (at t3) 301166 357866 th2 (between t7 and t9) 300226 356920 th3 (at t10) 301344 356350 th4 (at t13 301221 355570 th5 (at t15) 301436 355089 th6 (at t17) 301501 354506 th7 (at t18) 301833 354061 th8 (at t24) 300672 352492 th9 (at t25) 301854 352484 th10 (at t28) 300817 352143 th11 (at t30) 301367 351613 th12 (at t31) 300989 350791 th13 (at t32) 301314 350614 . lesley griffiths cabinet secretary for energy, planning and rural affairs, one of the welsh ministers 29th november 2017

citation and commencement 1 this order may be cited as the national grid (hinkley point c connection project) (correction) order 2017 and comes into force on 21st july 2017. corrections 2 in schedule 15 (protective provisions), part 5 (protection for first corporate shipping limited) to the national grid (hinkley point c connection project) order 2016 ("the order"), after paragraph 61 (bpc's apparatus) insert - acquisition and use of land 61a the undertaker must not exercise the powers conferred by - a article 17 (protective work to buildings); b article 19 (compulsory acquisition of land); c article 22 (compulsory acquisition of rights); d article 23 (extinguishment and suspension of private rights); e article 26 (acquisition of subsoil or airspace only); f article 28 (rights under or over streets); or g article 31 (temporary use of land for maintaining the authorised development), over or in respect of any of bpc's land unless the exercise of such powers is with the consent of bpc. procedure regarding certain approvals etc. 61b article 46(3) and paragraphs 3, 4 and 5 of schedule 4 (discharge of requirements) will not apply in relation to any consent, agreement or approval from bpc required under this order. . 3 other corrections to be made to the order are set out in the table in the schedule to this order, where - a column 1 sets out where the correction is to be made; b column 2 sets out how the correction is to be made; and c column 3 sets out the text to be substituted, inserted or omitted. 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 20th july 2017

citation, commencement and effect 1 this order may be cited as the income tax (relevant maximum for calculating trade profits on the cash basis) order 2017 and comes into force on 6th april 2017 with effect for the tax year 2017-18 and subsequent tax years. amount of the relevant maximum 2 1 section 31b of the income tax (trading and other income) act 2005 is amended as follows. 2 in subsections (3) and (4) after "is greater than" insert "the higher of 300,000 or". 3 in subsection (5) - a in paragraph (a) at the beginning insert "the higher of 150,000 or", and b in paragraph (b) after "in the tax year," insert "the higher of 300,000 or". 4 in subsection (6) for "the vat threshold is" substitute "amounts specified in subsections (3), (4) and (5) and the vat threshold are". guto bebb david evennett two of the lords commissioners for her majesty's treasury 7th march 2017

citation, commencement and application 1 1 this order may be cited as the plant health (forestry) (amendment) (england and scotland) order 2017 and comes into force on 1st january 2018. 2 it applies in relation to england and scotland only. amendment of the plant health (forestry) order 2005 2 the plant health (forestry) order 2005 is amended as follows. article 2 (general interpretation) 3 in article 2 - a in paragraph (1) - i in the definition of "associated controlled dunnage", for "12a or 13" substitute "12, 12a, 13 or 13c"; ii omit the definition of "decision (eu) 2015/2416 "; iii after the definition of "ispm no. 4" insert - "ispm no. 10" means international standard for phytosanitary measures no. 10 of october 1999 on requirements for the establishment of pest free places of production and pest free production sites, prepared by the secretariat of the ippc established by the food and agriculture organisation of the united nations ; ; b in paragraph (3a), after "18(1)," insert "18(3),". new article 42a 4 after article 42, insert - power to share information for the purposes of the order 42a 1 the commissioners for her majesty's revenue and customs may disclose any information in their possession to the commissioners for the purposes of this order. 2 paragraph (1) is without prejudice to any other power of the commissioners for her majesty's revenue and customs to disclose information. 3 no person, including a servant of the crown, may disclose any information received from the commissioners for her majesty's revenue and customs under paragraph (1) if - a the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure; b the disclosure is for a purpose other than specified in paragraph (1); and c the commissioners for her majesty's revenue and customs have not given their prior consent to the disclosure. . article 43 (offences) 5 in article 43(1)(a) - a at the end of paragraph (xiii), omit "and"; b after paragraph (xiv), insert - xv article 42a(3). . article 44 (penalties) 6 for article 44 substitute - 44 1 a person guilty of an offence under this order (other than an offence under article 43(1)(a)(xv)) is liable - a on summary conviction in england, to a fine; b on summary conviction in scotland, to a fine not exceeding level 5 on the standard scale. 2 a person guilty of an offence under article 43(1)(a)(xv) is liable - a on summary conviction in england, to imprisonment for a term not exceeding three months, to a fine or to both; b on summary conviction in scotland, to imprisonment for a term not exceeding three months, 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, to a fine or to both. . schedule 1 (tree pests which shall not be landed in or spread within great britain) 7 in schedule 1 - a under the heading "insects, mites and nematodes", after item 7 insert - 7a. saperda candida fabricius ; b under the heading "viruses and virus-like organisms", for "elm phlem necrosis mycoplasm" substitute " candidatus phytoplasma ulmi". schedule 1a (tree pests which shall not be landed in or spread within a protected zone which is limited in relation to england and scotland to part of that area) 8 in schedule 1a, in the second column of the table - a after "epsom and ewell," insert "guildford,"; b for "and west berkshire" substitute ", west berkshire and woking". schedule 2 (prohibitions on the landing in and movement within great britain of infected relevant material) 9 in part b of schedule 2, after item 4, insert - 5. england and scotland trees, other than fruit or seeds, of pinus l., intended for planting thaumetopoea pityocampa denis & schiffermller 6. england and scotland trees, other than fruit or seeds, of ulmus l., intended for planting candidatus phytoplasma ulmi . schedule 4 (restrictions on the landing in and movement within great britain of relevant material) 10 1 in part a of schedule 4 - a in item 8 - i in the entry in the second column of the table, for "12a or 13" substitute "12, 12a, 13 or 13c"; ii in the entry in the third column of the table, in paragraph (a), after "be" insert "made of debarked wood and"; b in the entry in the third column of item 10a, for "as referred to in article 1 of decision (eu) 2015/2416" substitute "for the purposes of point 2.3 of annex 4, part a, section 1 of the directive"; c for the entry in the second column of item 12 substitute - wood of platanus l., other than in the form of: - chips, particles, sawdust, shavings, wood waste or scrap, or - wood packaging material, except associated controlled dunnage, but including wood which has not kept its natural round surface, originating in armenia, switzerland or the usa ; d after item 13b insert - 13c. wood of amelanchier medik., aronia medik., cotoneaster medik., crataegus l., cydonia mill., malus mill., prunus l., pyracantha m. roem, pyrus l. or sorbus l., other than in the form of: - chips, sawdust or shavings, obtained in whole or in part from these trees, or - wood packaging material, except associated controlled dunnage, but including wood which has not kept its natural round surface, originating in canada or the usa the wood must be accompanied by an official statement that: it originates in an area free from saperda candida fabricius, established by the national plant protection organisation in the country of origin in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading "additional declaration"; it has undergone an appropriate heat treatment to achieve a minimum temperature of 56c for a minimum duration of 30 continuous minutes throughout the entire profile of the wood, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export; or it has undergone appropriate ionising radiation to achieve a minimum absorbed dose of 1 kgy throughout the wood, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export ; e after item 15 insert - 15a. wood in the form of chips obtained in whole or in part from amelanchier medik., aronia medik., cotoneaster medik., crataegus l., cydonia mill., malus mill., prunus l., pyracantha m. roem, pyrus l. or sorbus l., originating in canada or the usa the wood must be accompanied by an official statement that: it originates in an area free from saperda candida fabricius, established by the national plant protection organisation in the country of origin in accordance with ispm no. 4, which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading "additional declaration"; it has been processed into pieces of not more than 2.5 cm thickness and width; or it has undergone an appropriate heat treatment to achieve a minimum temperature of 56c for a minimum duration of 30 continuous minutes throughout the entire profile of the chips, and which is indicated on the phytosanitary certificate or the phytosanitary certificate for re-export ; f in the entry in the third column of item 17, for "as referred to in article 1 of decision (eu) 2015/2416" substitute "for the purposes of point 2.4 of annex 4, part a, section 1 of the directive"; g in the entry in the third column of item 17a, for "as referred to in article 1 of decision (eu) 2015/2416" substitute "for the purposes of point 2.5 of annex 4, part a, section 1 of the directive"; h in the entry in the third column of item 28, for "elm phlem necrosis mycoplasm" substitute " candidatus phytoplasma ulmi"; i after item 28, insert - 28a. trees, other than scions, cuttings, plants in tissue culture, pollen or seeds, of amelanchier medik., aronia medik., cotoneaster medik., crataegus l., cydonia mill., malus mill., prunus l., pyracantha m. roem., pyrus l. or sorbus l., intended for planting, originating in canada or the usa the trees must be accompanied by an official statement that: they have been grown throughout their life in an area free from saperda candida fabricius, established by the national plant protection organisation in the country of origin in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading "additional declaration"; or they have been grown during a period of at least two years prior to export, or in the case of trees which are younger than two years, have been grown throughout their life, in a place of production established as free from saperda candida fabricius in accordance with ispm no. 10: which is registered and supervised by the national plant protection organisation in the country of origin; which has been subjected annually to two official inspections for any signs of saperda candida fabricius carried out at appropriate times; where the trees have been grown in a site with complete physical protection against the introduction of saperda candida fabricius or with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 500 m in which the absence of saperda candida fabricius was confirmed by official surveys carried out annually at appropriate times; and immediately prior to export, the trees, and in particular their stems, have been subjected to a meticulous inspection for their presence of saperda candida fabricius, which included destructive sampling, where appropriate . 2 in part b of schedule 4, after item 6 insert - 6a. trees, other than seeds, of ulmus l., intended for planting the trees must be accompanied by an official statement that no symptoms of candidatus phytoplasma ulmi have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation . 3 in part c of schedule 4, after item 7c insert - 7d. trees, other than fruit or seeds, of pinus l., intended for planting the trees must be accompanied by an official statement that: they have been grown throughout their life in places of production in countries in which thaumetopoea pityocampa denis & schiffermller is not known to occur; they have been grown throughout their life in an area free from thaumetopoea pityocampa denis & schiffermller, established by the national plant protection organisation in accordance with ispm no. 4; they have been produced in nurseries which, along with their vicinity, have been found free from thaumetopoea pityocampa denis & schiffermller on the basis of official inspections and official surveys carried out at appropriate times; or they have been grown throughout their life in a site with complete physical protection against the introduction of thaumetopoea pityocampa denis & schiffermller and have been inspected at appropriate times and found to be free from that tree pest . schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required) 11 in part a of schedule 5, in paragraph 4(a) - a at the end of paragraph (vi), omit "or"; b at the end of paragraph (vii), omit "and"; c after paragraph (vii), insert - viii amelanchier medik., aronia medik., cotoneaster medik., crataegus l., cydonia mill., malus mill., prunus l., pyracantha m. roem., pyrus l. or sorbus l., including wood which has not kept its natural round surface, other than sawdust or shavings, originating in canada or the usa; and . schedule 6 (prohibitions on the landing in and movement within great britain of relevant material without a plant passport) 12 1 in part a of schedule 6, in paragraph 2, for "or tsuga carr." substitute " quercus l., tsuga carr. or ulmus l.". 2 in part b of schedule 6, in paragraph 2b, for "or populus l." substitute ", populus l., quercus l., other than quercus suber, or ulmus l.". schedule 7 (prohibitions on the consignment of relevant material to another part of the european union without a plant passport) 13 1 in part a of schedule 7, in paragraph 2, for "or tsuga carr." substitute " quercus l., tsuga carr. or ulmus l.". 2 in part b of schedule 7, in paragraph 2b, for "or populus l." substitute ", populus l., quercus l., other than quercus suber, or ulmus l.". schedule 8 (swiss plant passports) 14 1 in part a of schedule 8, omit paragraph 1. 2 in part b of schedule 8 - a in paragraph 2, after "canada,", insert " castanea mill.,"; b after paragraph 2 insert - 2a cut branches of - a betula l., with or without foliage; b fraxinus l., juglans ailantifolia carr., juglans mandshurica maxim., ulmus davidiana planch. or pterocarya rhoifolia siebold & zucc., with or without foliage, originating in canada, china, democratic people's republic of korea, japan, mongolia, republic of korea, russia, taiwan or the usa. . c for paragraph 3 substitute - 3 wood referred to in paragraph (a) or (b) of the definition of "wood" in article 2(1), where it - a has been obtained in whole or in part from one of the following order, genera or species, except wood packaging material of a description specified in the second column of item 8 in part a of schedule 4 - i quercus l., including wood which has not kept its natural round surface, originating in the usa, except wood in the form of casks, barrels, vats, tubs or other coopers' products or parts thereof, including staves and where there is documented evidence that the wood has been processed or manufactured using a heat treatment to achieve a minimum temperature of 176c for 20 minutes; ii platanus l., including wood which has not kept its natural round surface, originating in the usa or armenia; iii populus l., including wood which has not kept its natural round surface, originating in any country of the american continent; iv acer saccharum marsh., including wood which has not kept its natural round surface, originating in the usa or canada; v conifers (coniferales), including wood which has not kept its natural round surface, originating in any country outside europe, kazakhstan, russia or turkey; vi fraxinus l., juglans ailantifolia carr., juglans mandshurica maxim, ulmus davidiana planch. or pterocarya rhoifolia siebold & zucc., including wood which has not kept its natural round surface, originating in canada, china, democratic people's republic of korea, japan, mongolia, republic of korea, russia, taiwan or the usa; vii betula l., including wood which has not kept its natural round surface, originating in canada or the usa; and b meets one of the descriptions specified in point 6(b) of appendix 1 to part b of annex 4 to the agreement between the european community and the swiss confederation on trade in agricultural products . ; d for paragraph 6 substitute - 6 isolated bark of - a conifers (coniferales), originating in any country outside europe; b acer saccharum marsh., populus l. or quercus l., other than quercus suber l.; c fraxinus l., juglans ailantifolia carr., juglans mandshurica maxim., ulmus davidiana planch. or pterocarya rhoifolia siebold & zucc., originating in canada, china, democratic people's republic of korea, japan, mongolia, republic of korea, russia, taiwan or the usa; d betula l., originating in canada or the usa. . the official seal of the forestry commissioners stephen bennett secretary to the forestry commissioners 29th november 2017

part 1 preliminary citation and commencement 1 these regulations may be cited as the radio equipment regulations 2017 and come into force on 26th december 2017. interpretation and application 2 1 in these regulations - "the 1987 act " means the consumer protection act 1987 ; "accreditation" has the meaning set out in point 10 of article 2 of rams (as amended from time to time); "accreditation certificate" means a certificate, issued by either the united kingdom accreditation service (a company limited by guarantee incorporated in england and wales under number 03076190) or by a national accreditation body in another member state, attesting that a conformity assessment body meets the notified body requirements; "authorised representative" means a person appointed in accordance with regulation 19; " ce marking " means a marking which takes the form set out in annex ii of rams (as amended from time to time); "competent national authority" means an authority having responsibility for enforcing the law of a member state which implements the directive ; "conformity assessment" means the process demonstrating whether the essential requirements relating to radio equipment have been fulfilled; "conformity assessment body" means a body that performs conformity assessment activities; "distributor" means any person in the supply chain, other than the manufacturer, authorised representative or the importer, who makes radio equipment available on the market; "the directive" means directive 2014/53/eu of the european parliament and of the council on the harmonisation of the laws of the member states relating to the making available on the market of radio equipment ; "economic operator" means a manufacturer, authorised representative, importer or distributor; "electromagnetic disturbance" has the meaning set out in point (5) of paragraph 1 of article 3 of directive 2014/30/eu of the european parliament and of the council on the harmonisation of the laws of the member states relating to electromagnetic compatibility ; "enforcing authority" means any person enforcing these regulations under regulation 56 (enforcement); "essential requirements" means the requirements set out in regulation 6; "eu declaration of conformity" means a declaration of conformity required to be drawn up in accordance with regulation 42 by regulation 10(1)(a) (eu declaration of conformity); " european commission " means the commission of the european union; "harmful interference" has the meaning set out in point (r) of article 2 of directive 2002/21/ec of the european parliament and of the council on a common regulatory framework for electronic communications networks and services (as amended from time to time); "harmonised standard" has the meaning set out in article 2(1)(c) of regulation (eu) no 1025/2012 of the european parliament and of the council on european standardisation (as amended from time to time); "importer" means any person who - is established within the eu; and places radio equipment from a third country on the eu market; "make available on the market" means any supply for distribution, consumption or use of radio equipment on the eu market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly; "manufacturer" means a person who - manufactures radio equipment or has radio equipment designed or manufactured; and markets that radio equipment under that person's name or trade mark; "market surveillance authority" has the meaning set out in regulation 55 (designation of market surveillance authorities"); "national accreditation body" has the meaning set out in point 11 of article 2 of rams (as amended from time to time); "notified body requirements" means the requirements set out in schedule 8 (notified body requirements); " ofcom " means the office of communications established under the office of communications act 2002 ; " official journal " means the official journal of the european union; "place on the market" means the first making available on the eu market of radio equipment, and related expressions must be construed accordingly; "put into service" means the first use of radio equipment in the eu by its end-user for the purposes for which it was intended, and related expressions must be construed accordingly; "radiodetermination" means the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to those parameters, by means of the propagation properties of radio waves; "radio communication" means communication by means of radio waves; "radio equipment" means - an electrical or electronic product, which intentionally emits and/or receives radio waves for the purpose of radio communication and/or radiodetermination, or an electrical or electronic product which must be completed with an accessory, such as antenna, so as to intentionally emit and/or receive radio waves for the purpose of radio communication and/or radiodetermination; "radio waves" means electromagnetic waves of frequencies lower than 3,000 ghz, propagated in space without artificial guide; "rams" means regulation (ec) no 765/2008 of the european parliament and of the council setting out the requirements for accreditation and market surveillance relating to the marketing of products; "recall" means taking any measure aimed at achieving the return of radio equipment that has already been made available to the end-user and related expressions must be construed accordingly; "relevant conformity assessment procedure" means a conformity assessment procedure referred to in regulation 41 (conformity assessment procedures); "relevant economic operator" means, in relation to radio equipment, an economic operator with obligations in respect of that radio equipment under part 2; "technical documentation" has the meaning set out in regulation 45 (technical documentation); "technical specification" means a document that prescribes technical requirements to be fulfilled by radio equipment; "weights and measures authority" means a local weights and measures authority within the meaning set out in section 69 of the weights and measures act 1985 ; "withdraw" means taking any measure aimed at preventing radio equipment in the supply chain from being made available on the market and related expressions must be construed accordingly. 2 in these regulations, a reference to radio equipment being "in conformity with part 2" means that - a the radio equipment is in conformity with the essential requirements, and b each relevant economic operator has complied with the obligations imposed on them under part 2 which must be satisfied at or before the time at which they make the radio equipment available on the market. 3 in these regulations (except in part 4 (notification of conformity assessment bodies) and schedules 8 (notified body requirements) and 9 (operational obligations of notified bodies)), "notified body" means - a a notified body within the meaning set out in regulation 46 (notified bodies), or b a notified body under the laws of any other member state which implements the directive. 4 in regulations 18 and 26 (monitoring in relation to manufacturers and importers respectively) "risk" means a risk which could arise from lawful and readily predictable human behaviour. 5 in the other provisions of these regulations, "risk" means a risk - a which could arise from lawful and readily predictable human behaviour, or b of non-conformity with the essential requirements. 6 in these regulations, a reference to a member state must be read as a reference to an eea state and a reference to the eu must be read as a reference to the european economic area. scope 3 1 these regulations apply to radio equipment. 2 these regulations do not apply to - a radio equipment which has been placed on the market before the commencement date, b equipment listed in schedule 1 (radio equipment outside the scope of these regulations), or c radio equipment exclusively used for activities concerning public security, defence, state security (including the economic well-being of the state) or the activities of the state in the area of criminal law. 3 save as provided for in regulation 6(1)(a), radio equipment falling within the scope of these regulations are not subject to directive 2014/35/eu of the european parliament and of the council on the harmonisation of the laws of the member states relating to the making available on the market of electrical equipment designed for use within certain voltage limits or the electrical equipment (safety) regulations 2016 . 4 save as provided for in regulation 6(1)(b), radio equipment falling within the scope of these regulations are not subject to directive 2014/30/eu of the european parliament and of the council on the harmonisation of the laws of the member states relating to electromagnetic compatibility or the electromagnetic compatibility regulations 2016 . exception for trade fairs and exhibitions 4 1 nothing in these regulations prevents the display, of radio equipment which does not comply with these regulations, at a trade fair, exhibition or similar event provided that a visible sign clearly indicates that the radio equipment - a is not in conformity with part 2, and b may not be made available on the market or put into service until it has been brought into conformity with part 2. 2 nothing in these regulations prevents the demonstration, of radio equipment which does not comply with these regulations, at a trade fair, exhibition or similar event provided that all reasonable measures have been taken to avoid harmful interference, electromagnetic disturbances and risk to health and safety of persons, domestic animals or property. putting into service and use 5 1 nothing in these regulations prevents the putting into service and use of radio equipment in the united kingdom which is in conformity with these regulations when the radio equipment is properly installed, maintained and used for its intended purpose. 2 nothing in these regulations prevents the application of additional requirements for the putting into service or use of radio equipment in the united kingdom for reasons related to - a the effective and efficient use of the radio spectrum, b the avoidance of harmful interference, c the avoidance of electromagnetic disturbances, or d public health. part 2 obligations of economic operators chapter 1 general essential requirements 6 1 radio equipment must be constructed so as to ensure - a the protection of health and safety of persons and of domestic animals and the protection of property, including the objectives with respect to safety requirements set out in directive 2014/35/eu of the european parliament and of the council on the harmonisation of the laws of the member states relating to the making available on the market of electrical equipment designed for use within certain voltage limits (but as if there were no voltage limit), b an adequate level of electromagnetic compatibility as set out in directive 2014/30/eu of the european parliament and of the council on the harmonisation of the laws of the member states relating to electromagnetic compatibility. 2 radio equipment must be constructed so that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference. chapter 2 manufacturers design and manufacture in accordance with essential requirements 7 before placing radio equipment on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential requirements. construction must allow operation in at least one member state 8 before placing radio equipment on the market, a manufacturer must ensure it has been constructed so that the radio equipment can be operated in at least one member state without causing an infringement of the applicable requirements on the use of the radio spectrum in the relevant member state or member states. technical documentation and conformity assessment 9 before placing radio equipment on the market, a manufacturer must - a draw up the relevant technical documentation in accordance with regulation 45 (technical documentation), and b ensure the relevant conformity assessment procedure is carried out. eu declaration of conformity and ce marking 10 1 where the compliance of radio equipment with the essential requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the radio equipment on the market - a draw up an eu declaration of conformity in accordance with regulation 42 (eu declaration of conformity), and b affix the ce marking in accordance with regulation 44 (ce marking). 2 the manufacturer must keep the eu declaration of conformity up to date. 3 where radio equipment is subject to more than one eu instrument requiring an eu declaration of conformity to be drawn up, the manufacturer must draw up a single eu declaration of conformity which - a meets the requirements of all of the eu instruments concerned, b identifies the eu instruments, and c includes references to the publication of those eu instruments in the official journal. retention of technical documentation and eu declaration of conformity 11 a manufacturer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, keep and, upon request, make available to an enforcing authority the following in relation to radio equipment - a a copy of the eu declaration of conformity, and b the technical documentation. identification of the radio equipment and manufacturer 12 1 before placing radio equipment on the market, a manufacturer must ensure that the radio equipment bears - a a type, batch or serial number, or b another element which allows the radio equipment to be identified. 2 before placing radio equipment on the market, a manufacturer must indicate on the radio equipment - a the name, registered trade name or registered trade mark of the manufacturer, b a postal address at which the manufacturer can be contacted. 3 the information specified in paragraph (2) must be in a language which can be easily understood by end-users and the competent national authority in the member state in which it is to be made available to such end-users. 4 where the size or nature of the radio equipment prohibits a manufacturer from complying with the requirement in paragraph (1) or paragraph (2), the manufacturer must provide the required information either on the radio equipment's packaging or in a document which accompanies the radio equipment. 5 the manufacturer's postal address must indicate a single point at which the manufacturer can be contacted. instructions and information to be included with the radio equipment 13 1 when placing radio equipment on the market, a manufacturer must ensure that radio equipment is accompanied with instructions and safety information which - a are in a language which can be easily understood by consumers and other end-users in the member state in which the radio equipment is to be made available to such consumers and other end-users, b include information required to use the radio equipment in accordance with its intended use, c include a description of accessories and components, including software, which allow the radio equipment to operate as intended, and d are clear and understandable. 2 in the case of radio equipment which can intentionally emit radio waves, the manufacturer must also include information about - a the frequency band or bands in which the radio equipment can operate, and b the maximum radio-frequency power transmitted in the frequency band or bands in which the radio equipment operates. 3 when placing radio equipment on the market, a manufacturer must ensure that each item of radio equipment is accompanied by either a copy of the eu declaration of conformity or a simplified eu declaration of conformity drawn up in accordance with regulation 43 (simplified eu declaration of conformity). 4 where the radio equipment is to be made available to consumers and other end-users in the united kingdom, the language which can be easily understood is english. information to be included where there are restrictions on putting into service or requirements for authorisation of use 14 1 where there are restrictions on putting into service or requirements for authorisation of use, a manufacturer must include information on the packaging of the radio equipment which identifies the member states and the geographical area within a member state where the restrictions on putting into service or the requirements for authorisation of use exist. 2 the information referred to in paragraph (1) must - a be completed in the instructions required by regulation 13 , b subject to paragraph (3), be presented in the manner and form specified in commission implementing regulation specifying how to present the information provided for in article 10(10) of directive 2104/53/eu of the european parliament and the council (eu) 2017/1354 . 3 paragraph (2)(b) of this regulation applies to radio equipment placed on the market or after 8th august 2018. duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity 15 1 a manufacturer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with part 2, if appropriate, must immediately take the corrective measures necessary to - a bring the radio equipment into conformity, b withdraw the radio equipment, or c recall the radio equipment. 2 where the radio equipment presents a risk, the manufacturer must immediately inform the market surveillance authority, and the competent national authorities of any other member state in which the manufacturer made the radio equipment available on the market, of the risk, giving details of - a the respect in which the radio equipment is considered not to be in conformity with part 2, and b any corrective measures taken and the results of those measures. provision of information and cooperation 16 1 further to a request from - a an enforcing authority, where radio equipment has been placed by a manufacturer on the market in the united kingdom, or b a competent national authority, where the radio equipment has been placed by a manufacturer on the market in another member state, the manufacturer must, within such reasonable period as the authority may specify, provide the authority concerned with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with part 2. 2 a request referred to in paragraph (1) - a is one that was made during the period of 10 years beginning on the day that the manufacturer places the radio equipment on the market, and b must be accompanied by the reasons for making the request. 3 the information referred to in paragraph (1) - a may be provided in electronic form, and b must be in a language which can be easily understood by the authority concerned. 4 a manufacturer must, at the request of the authority concerned, cooperate with that authority on any action taken to - a evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), b eliminate the risks posed by radio equipment which the manufacturer has placed on the market. compliance procedures for series production 17 1 a manufacturer must ensure, before placing radio equipment on the market, that procedures are in place to ensure that series production remains in conformity with part 2. 2 in doing so, the manufacturer must take adequate account of - a any change in radio equipment design or characteristics, and b any change in a harmonised standard or in another technical specification by reference to which the eu declaration of conformity was drawn up. monitoring 18 1 when appropriate, with regard to the risks to the health and safety of end-users presented by radio equipment, a manufacturer must - a carry out sample testing of radio equipment manufactured by it which has been made available on the market, b investigate complaints that radio equipment manufactured by it is not in conformity with part 2, c keep a register of - i complaints that radio equipment is not in conformity with part 2, ii radio equipment which is not in conformity with part 2, and iii radio equipment recalls, and d keep distributors informed of any monitoring carried out under this regulation. 2 a manufacturer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose. authorised representatives 19 1 a manufacturer may, by written mandate, appoint a person established within the eu as their authorised representative to perform specified tasks on that manufacturer's behalf. 2 the authorised representative must perform the tasks specified in the mandate. 3 the mandate must allow the authorised representative to do at least the following - a perform the manufacturer's obligations under regulation 11 (retention of technical documentation and eu declaration of conformity), b perform the manufacturer's obligations under regulation 16 (provision of information and cooperation). 4 the mandate must not include the obligations contained in - a regulation 7 (design and manufacture in accordance with essential requirements), b regulation 9 (technical documentation and conformity assessment), or c regulation 10 (eu declaration of conformity and ce marking). 5 an authorised representative must comply with all the obligations imposed on the manufacturer by these regulations which relate to the tasks that the authorised representative is appointed by the manufacturer to perform and, accordingly - a as far as those obligations are concerned, references in these regulations to the manufacturer are to be taken as including a reference to the authorised representative, and b if the authorised representative contravenes or fails to comply with any of those obligations, the authorised representative may be proceeded against as though the authorised representative was the manufacturer. 6 a manufacturer who has appointed an authorised representative to perform, on the manufacturer's behalf, an obligation under these regulations remains responsible for the proper performance of that obligation. chapter 3 importers prohibition on placing on the market radio equipment which is not in conformity 20 an importer must not place radio equipment on the market unless it is in conformity with the essential requirements. requirements which must be satisfied before an importer places radio equipment on the market 21 before placing radio equipment on the market, an importer must ensure that - a a relevant conformity assessment has been carried out by the manufacturer, b that the radio equipment has been constructed so that it can be operated in at least one member state without causing an infringement of the applicable requirements on the use of the radio spectrum in the relevant member state or member states, c the manufacturer has drawn up the technical documentation, d the radio equipment - i bears the ce marking, and ii is accompanied by the information and documents referred to in regulations 13 (instructions and information to be included with the radio equipment) and 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use), e the manufacturer has complied with the requirements set out in regulation 12 (identification of the radio equipment and manufacturer). prohibition on placing on the market radio equipment considered not to be in conformity with the essential requirements 22 1 where an importer considers, or has reason to believe, that radio equipment is not in conformity with the essential requirements, the importer must not place the radio equipment on the market. 2 where the radio equipment presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk. information identifying importer 23 1 before placing radio equipment on the market, an importer must indicate on the radio equipment - a the name, registered trade name or registered trade mark of the importer, and b a postal address at which the importer can be contacted. 2 the information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the member state in which it is to be made available to such end-users. 3 where it is not possible to indicate the information specified in paragraph (1) on the radio equipment, the importer must indicate that information - a on the packaging, or b in a document accompanying the radio equipment. instructions and safety information 24 1 when placing radio equipment on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the member state in which the radio equipment is to be made available to such consumers and other end-users. 2 where the radio equipment is being made available to consumers and other end-users in the united kingdom, the language which can be easily understood by consumers and other end-users is english. storage and transport 25 where an importer has responsibility for radio equipment, the importer must ensure that the conditions under which the radio equipment is stored or transported do not jeopardise the radio equipment's conformity with the essential requirements. monitoring 26 1 when appropriate, with regard to the risks to the health and safety of end-users presented by radio equipment, an importer must - a carry out sample testing of radio equipment made available by the importer on the market, b investigate complaints that radio equipment made available on the market by the importer is not in conformity with part 2, c keep a register of - i complaints that radio equipment is not in conformity with part 2, ii radio equipment which is not in conformity with part 2, and iii radio equipment recalls, and d keep distributors informed of any monitoring carried out under this regulation. 2 an importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose. duty to take action in respect of radio equipment placed on the market which is considered not to be in conformity 27 1 an importer who considers, or has reason to believe, that radio equipment which they have placed on the market is not in conformity with part 2 must immediately take the corrective measures necessary to - a bring the radio equipment into conformity, b withdraw the radio equipment, or c recall the radio equipment. 2 where the radio equipment presents a risk, the importer must immediately inform the market surveillance authority, and the competent national authorities of any other member state in which the importer made the radio equipment available on the market, of the risk, giving details of - a the respect in which the radio equipment is considered not to be in conformity with part 2, and b any corrective measures taken. retention of technical documentation and eu declaration of conformity 28 an importer must, for a period of 10 years beginning on the day on which the radio equipment is placed on the market, upon request, make available to an enforcing authority the following in relation to radio equipment - a a copy of the eu declaration of conformity, and b the technical documentation. provision of information and cooperation 29 1 further to a reasoned request from an enforcing authority or a competent national authority of another member state, an importer, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with part 2. 2 a request referred to in paragraph (1) - a may only be made during the period of 10 years beginning on the day that the importer places the radio equipment on the market, and b must be accompanied by the reasons for making the request. 3 the information referred to in paragraph (1) - a may be provided in electronic form, and b must be in a language which can be easily understood by the authority concerned. 4 an importer must, at the request of the enforcing authority or the competent national authority, cooperate with the authority on any action taken to - a evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), b eliminate the risks posed by radio equipment which the importer has placed on the market. chapter 4 distributors duty to act with due care 30 when making radio equipment available on the market, a distributor must act with due care to ensure that it is in conformity with part 2. requirements which must be satisfied before a distributor makes radio equipment available on the market 31 1 before making radio equipment available on the market, the distributor must verify that - a the radio equipment - i bears the ce marking, ii is accompanied by the required documents, iii is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the member state in which the radio equipment is to be made available on the market, b the manufacturer has complied with the requirements set out in - i regulation 8 (construction must allow operation in at least one member state), ii regulation 12 (identification of the radio equipment and manufacturer), iii regulation 13 (instructions and information to be included with the radio equipment), iv regulation 14 (information to be included where there are restrictions on putting into service or requirements for authorisation of use), and c the importer has complied with the requirements set out in regulation 23 (information identifying importer). 2 where the radio equipment is to be made available to consumers and other end-users in the united kingdom, the language which can easily be understood is english. 3 in paragraph (1)(a)(ii), "required documents" means any documents that are required to be provided pursuant to regulations 12(4) , 14 and 23(3) . prohibition on making available on the market where radio equipment not considered to be in conformity with the essential requirements 32 1 where a distributor considers, or has reason to believe, that radio equipment is not in conformity with the essential requirements, the distributor must not make the radio equipment available on the market. 2 where the radio equipment presents a risk, the distributor must inform the following persons of the risk - a the manufacturer or, where appropriate, the importer, and b the market surveillance authority. storage and transport 33 where a distributor has responsibility for radio equipment, the distributor must ensure that the conditions under which it is stored or transported do not jeopardise the radio equipment's conformity with the essential requirements. duty to take action in respect of radio equipment made available on the market which is not in conformity 34 1 a distributor who considers, or has reason to believe, that radio equipment which the distributor has made available on the market is not in conformity with part 2 must make sure that the necessary corrective measures are taken to - a bring that radio equipment into conformity, b withdraw the radio equipment, or c recall the radio equipment. 2 where the radio equipment presents a risk, the distributor must immediately inform the market surveillance authority, and the competent national authorities of the other member states in which the distributor has made the radio equipment available on the market, of that risk, giving details of - a the respect in which the radio equipment is considered not to be in conformity with part 2, and b any corrective measures taken. provision of information and cooperation 35 1 further to a reasoned request from an enforcing authority or a competent national authority of another member state, a distributor, within such period as the authority may specify, must provide the authority with all the information and documentation necessary to demonstrate that the radio equipment is in conformity with part 2. 2 a request referred to in paragraph (1) - a may only be made during the period of 10 years beginning on the day on which the radio equipment was made available on the market, and b must be accompanied by the reasons for making the request. 3 the information referred to in paragraph (1) - a may be provided in electronic form, and b must be in a language which can be easily understood by the authority concerned. 4 a distributor must, at the request of the enforcing authority or a competent national authority of another member state, cooperate with the authority on any action taken to - a evaluate radio equipment in accordance with regulation 59 (evaluation of radio equipment presenting a risk), and b eliminate the risks posed by radio equipment which the distributor has made available on the market. chapter 5 importers and distributors cases in which obligations of manufacturers apply to importers and distributors 36 an economic operator ("a") who would, but for this regulation, be considered an importer or distributor, is to be considered a manufacturer for the purposes of these regulations and is subject to the obligations of a manufacturer under part 2, where a - a places radio equipment on the market under a's own name or trademark, or b modifies radio equipment already placed on the market in such a way that it may affect whether the radio equipment is in conformity with part 2. chapter 6 all economic operators translation of declaration of conformity 37 1 before placing radio equipment on the market or making radio equipment available on the market, an economic operator must ensure that the eu declaration of conformity and, where appropriate, the simplified eu declaration of conformity is prepared in, or translated into, the language required by the member state in which it is to be placed on the market or made available on the market. 2 where the radio equipment is to be placed on the market or made available on the market in the united kingdom, the language required is english. identification of economic operators 38 1 an economic operator ("e"), who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority - a any economic operator who has supplied e with radio equipment, and b any economic operator to whom e has supplied radio equipment. 2 the relevant period is - a for information under paragraph (1)(a), 10 years beginning on the day on which e was supplied with the radio equipment, b for information under paragraph (1)(b), 10 years beginning on the day on which e supplied the radio equipment. prohibition on improper use of ce marking 39 1 an economic operator must not affix the ce marking to radio equipment unless - a that economic operator is the manufacturer, and b the conformity of the radio equipment with the essential requirements has been demonstrated by a relevant conformity assessment procedure. 2 an economic operator must not affix to radio equipment a marking other than the ce marking which purports to attest that the radio equipment is in conformity with the essential requirements. 3 an economic operator must not affix to radio equipment a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the ce marking. 4 an economic operator must not affix to radio equipment any other marking if the visibility, legibility and meaning of the ce marking would be impaired as a result. part 3 conformity assessment presumption of conformity 40 1 radio equipment which is in conformity with a harmonised standard (or part of such a standard), the reference to which has been published in the official journal, must be presumed to be in conformity with the essential requirements covered by that standard (or that part of that standard). 2 the presumption in paragraph (1) is rebuttable. conformity assessment procedures 41 1 the manufacturer must perform a conformity assessment of the radio equipment, in all its possible configurations, with a view to meeting the essential requirements. 2 the conformity assessment must take into account all intended operating conditions. 3 in relation to the assessment of compliance with regulation 6(1)(a), the conformity assessment must also take into account all reasonably foreseeable conditions. 4 in relation to the assessment of compliance with regulation 6(1)(a) or (b), one of the following procedures must be used - a internal production control set out in schedule 2 (conformity assessment module a), b eu-type examination that is followed by the conformity to type based on internal production control set out in schedule 3 (conformity assessment modules b and c), c conformity based on full quality assurance set out in schedule 4 (conformity assessment module h). 5 in relation to the assessment of compliance with regulation 6(2), where the manufacturer has applied harmonised standards, the references of which have been published in the official journal, the manufacturer must use one of the procedures in paragraph (4) for the conformity assessment. 6 in relation to the assessment of compliance with regulation 6(2), where the manufacturer has not applied or has only partly applied harmonised standards, the references of which have been published in the official journal, or where harmonised standards do not exist, the manufacturer must use the procedure in either paragraph (4)(b) or paragraph (4)(c). eu declaration of conformity 42 the eu declaration of conformity for radio equipment must - a state that the fulfilment of the essential requirements has been demonstrated in respect of that radio equipment, b contain the elements specified and have the model structure set out in schedule 6 (eu declaration of conformity) for the relevant conformity assessment procedure followed in respect of that radio equipment. simplified eu declaration of conformity 43 1 where only a simplified eu declaration of conformity is provided pursuant to regulation 13 (3), it must contain the elements specified and have the model structure set out in schedule 7 (simplified eu declaration of conformity). 2 the full text of the eu declaration of conformity must be made available at the internet address referred to in the simplified eu declaration of conformity. ce marking 44 1 the ce marking must be affixed visibly, legibly and indelibly to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the nature of the radio equipment. 2 the ce marking must be affixed visibly and legibly to the radio equipment packaging. 3 on account of the nature of the radio equipment, the height of the ce marking affixed to radio equipment may be lower than 5 mm, provided that the marking remains visible and legible. 4 when the conformity assessment procedure in schedule 4 (conformity assessment module h) has been applied, the ce marking must be followed by the identification number of the notified body which carried out the relevant conformity assessment procedure for the radio equipment. 5 the identification number in paragraph (4) must have the same height as the ce marking and be affixed - a by the notified body itself, or b under the instructions of the notified body, by the manufacturer or the manufacturer's authorised representative. technical documentation 45 1 the technical documentation produced by the manufacturer for the radio equipment must contain all the relevant data or details of the means used by the manufacturer to ensure that the radio equipment complies with the essential requirements. 2 the technical documentation in paragraph (1) must - a contain, at least, the elements set out in schedule 5 (contents of technical documentation), b be drawn up before the radio equipment is placed on the market, and c be continuously updated. 3 the technical documentation in paragraph (1) and correspondence relating to any eu-type examination procedure must be drawn up in an official language of the member state in which the notified body is established or in a language acceptable to that body. 4 where the technical documentation does not comply with the requirements in paragraphs (1), (2) or (3) and in doing so fails to present sufficient relevant data or details of the means used to ensure compliance of radio equipment with the essential requirements, the market surveillance authority may ask the manufacturer or importer to have a test performed, within a specified period, by a body acceptable to the market surveillance authority, at the expense of the manufacturer or the importer to verify conformity with the essential requirements. part 4 notification of conformity assessment bodies notified bodies 46 1 for the purposes of this part, a notified body is a conformity assessment body - a which has been notified by the secretary of state to the european commission and to the other member states - i under regulation 47 (notification), or ii before the commencement date, in accordance with article 22 of the directive, and b in respect of which no objections are raised by the european commission or other member states - i within 2 weeks of the date of notification, where the notification is accompanied by an accreditation certificate, or ii within 2 months of the date of notification, where the notification is not accompanied by an accreditation certificate. 2 paragraph (1) has effect subject to regulation 52 (changes to notifications). notification 47 1 the secretary of state may notify to the european commission and the other member states only those conformity assessment bodies that qualify for notification. 2 a conformity assessment body qualifies for notification if the first and the second conditions below are met. 3 the first condition is that the conformity assessment body applied to the secretary of state to become a notified body and that application was accompanied by - a a description of - i the conformity assessment activities that the body intends to carry out, ii the conformity assessment module or modules for which the body claims to be competent, and iii the radio equipment for which the body claims to be competent, and b either - i an accreditation certificate, or ii the documentary evidence necessary for the secretary of state to verify, recognise and regularly monitor the body's compliance with the notified body requirements. 4 the second condition is that the secretary of state is satisfied that the conformity assessment body meets the notified body requirements. 5 for the purposes of paragraph (4), the secretary of state may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the notified body requirements. 6 when deciding whether to notify a conformity assessment body that qualifies for notification to the european commission and the other member states, the secretary of state may - a have regard to any other matter which appears to the secretary of state to be relevant, and b set conditions that the conformity assessment body must meet. 7 the secretary of state must inform the european commission of the united kingdom's procedures for the assessment and notification of conformity assessment bodies, and any changes to those procedures. presumption of conformity of notified bodies 48 1 where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such a standard), the reference of which has been published in the official journal, the secretary of state must presume that the conformity assessment body meets the notified body requirements covered by that standard (or part of that standard). 2 the presumption in paragraph (1) is rebuttable. contents of notification 49 a notification under regulation 47 (notification) must include - a details of - i the conformity assessment activities, ii the conformity assessment module, iii the radio equipment, in respect of which the conformity assessment body has been approved by the secretary of state for notification, and b either - i an accreditation certificate, where the notification is based on the accreditation, or ii documentary evidence which attests to the conformity assessment body's competence, and to the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to meet the notified body requirements. monitoring 50 1 the secretary of state must monitor each notified body with a view to verifying that the notified body - a continues to meet the notified body requirements, b meets any conditions set in accordance with regulation 47 (6)(b), and c carries out its functions in accordance with these regulations. 2 the secretary of state must inform the european commission of the united kingdom's procedures for the monitoring of notified bodies, and any changes to those procedures. united kingdom accreditation service 51 the secretary of state may authorise the united kingdom accreditation service (a company limited by guarantee incorporated in england and wales under number 03076190) to carry out the following activities on behalf of the secretary of state - a assessing whether a conformity assessment body meets the notified body requirements, b monitoring notified bodies in accordance with regulation 50 (monitoring). changes to notifications 52 1 the secretary of state must restrict, suspend or withdraw a notified body's status as a notified body under regulation 46 where the secretary of state determines that the body - a no longer meets a notified body requirement, or b is failing to fulfil its obligations under these regulations, other than a condition set in accordance with regulation 47 (6)(b). 2 the secretary of state may restrict, suspend or withdraw the notified body's status as a notified body under regulation 46 - a with the consent of a notified body, or b where the secretary of state determines that a notified body no longer meets a condition set in accordance with regulation 47 (6)(b). 3 in deciding what action is required under paragraph (1) or (2), the secretary of state must have regard to the seriousness of the failure. 4 before taking action under paragraph (1) or (2), the secretary of state must - a give notice in writing to the notified body that the secretary of state intends to take such action and the reasons for taking such action, and b give the notified body an opportunity to make representations within a reasonable period from the date of that notice and consider any such representations. 5 where the secretary of state takes action under paragraph (1) or (2), the secretary of state must immediately inform the european commission and the other member states. 6 where the secretary of state has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the body must - a as directed by the secretary of state, transfer its files relating to the activities it has undertaken as a notified body to another notified body or to the secretary of state, or b keep the documents relating to the activities it has undertaken as a notified body available for the secretary of state and the enforcing authority for a period of 10 years from the date on which the product to which the document relates was placed on the market. operational obligations of notified bodies 53 when a notified body carries out a relevant conformity assessment procedure, schedule 9 (operational obligations of notified bodies) has effect. subsidiaries and contractors 54 1 where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the activities are only to be treated as having been carried out by a notified body for the purposes of regulation 41 (conformity assessment procedures) where the conditions in paragraphs (2) and (3) are met. 2 the notified body must - a ensure that the subcontractor or subsidiary satisfies the notified body requirements, and b inform the secretary of state accordingly. 3 the notified body must have obtained the agreement of the client to the use of a subcontractor or subsidiary. 4 where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the notified body must for a period of at least 10 years beginning on the day on which the activities are carried out, keep available for inspection by the secretary of state all the relevant documentation concerning - a the assessment of the qualifications of the subcontractor or the subsidiary, and b the conformity assessment activities carried out by the subcontractor or subsidiary under schedule 3 (conformity assessment modules b and c) or schedule 4 (conformity assessment module h). 5 when monitoring a notified body in accordance with regulation 50 , the secretary of state must treat the notified body as responsible for the activities performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established. part 5 market surveillance and enforcement designation of market surveillance authorities 55 1 the market surveillance authority is - a within its area in great britain, the weights and measures authority, and b within its area in northern ireland, the district council. 2 the market surveillance authority must make adequate arrangements for market surveillance under these regulations and rams (in its application to radio equipment). 3 when a market surveillance authority carries out market surveillance under these regulations, part 2 of schedule 10 (notices which may be served by enforcing authorities) has effect. designation of enforcing authorities 56 1 it is the duty of the following authorities to enforce these regulations and rams (in its application to radio equipment) - a in great britain - i ofcom, insofar as action taken to enforce these regulations relates to the protection and management of the radio spectrum, ii within their area, the weights and measures authorities. b in northern ireland - i ofcom, insofar as action taken to enforce these regulations relates to the protection and management of the radio spectrum, ii within their area, the district councils. 2 the secretary of state, or a person appointed by the secretary of state to act on behalf of the secretary of state, may enforce these regulations and rams (in its application to radio equipment). 3 in scotland, only the lord advocate may commence proceedings for an offence. enforcement powers 57 1 for the purposes of enforcing these regulations, schedule 10 (enforcement and investigatory powers) applies. 2 where the enforcing authority has reasonable grounds to suspect that the ce marking has been affixed to radio equipment which does not satisfy the essential requirements, it may serve a compliance notice on - a the manufacturer, if the manufacturer is established in the united kingdom, b the manufacturer's authorised representative in the united kingdom, or c the importer. 3 where a compliance notice is served in accordance with paragraph (2), no other notice as referred to in part 2 of schedule 10 can be issued and no proceedings pursuant to regulation 63 (enforcement action in respect of formal non-compliance) can be brought, until the person on whom that notice has been served has failed to comply with its requirements. 4 a compliance notice must - a state that the enforcing authority suspects that the ce marking has been affixed pursuant to regulation 44 (ce marking) in circumstances where that radio equipment does not comply with the requirements of these regulations, b state the reasons for that suspicion, c identify the requirements with which it is suspected that the radio equipment does not comply, d specify a date by which any necessary action to remedy non-compliance must have been taken, e require the person on whom the notice is served to - i take the necessary action to ensure that the radio equipment to which the notice relates conforms with the requirements of these regulations and rams concerning the ce marking and to end the infringement by the date specified in the notice, or ii to provide evidence, by the date specified in the notice, that demonstrates to the satisfaction of the enforcement authority that all provisions of these regulations which apply to the radio equipment have been complied with, and f warn the person on whom the notice is served that if the radio equipment does not comply with the requirements of these regulations by the date specified in the notice, further enforcement action may be taken under these regulations in respect of the radio equipment referred to in the notice or any radio equipment of the same type placed on the market by that person. 5 a compliance notice may include directions as to the measures to be taken by the person upon whom it is served in order to ensure that the radio equipment complies with the requirements of these regulations which apply to it, by the date specified in the notice. 6 in this regulation, "enforcement officer" means - a an officer of an enforcing authority who is authorised in writing by that authority to act as an enforcement officer for the purposes of this part, b a person appointed by the secretary of state who is authorised in writing by the secretary of state to act as an enforcement officer for the purposes of this part. exercise of enforcement powers 58 when enforcing these regulations, the enforcing authority must exercise its powers in a manner which is consistent with - a regulation 59 (evaluation of radio equipment presenting a risk), b regulation 60 (enforcement action in respect of radio equipment which is not in conformity and which presents a risk), c regulation 61 (eu safeguard procedure), d regulation 62 (enforcement action in respect of radio equipment which is in conformity, but presents a risk), e regulation 63 (enforcement action in respect of formal non-compliance), f regulation 64 (restrictive measures). evaluation of radio equipment presenting a risk 59 1 where a market surveillance authority has sufficient reason to believe that radio equipment presents a risk, that authority must carry out an evaluation in relation to the radio equipment covering the relevant requirements of part 2 applying in respect of that radio equipment. 2 where an enforcing authority other than the market surveillance authority has sufficient reason to believe that radio equipment presents a risk, that authority may carry out an evaluation in relation to the radio equipment covering the relevant requirements of part 2 applying in respect of that radio equipment. enforcement action in respect of radio equipment which is not in conformity and which presents a risk 60 1 where, in the course of the evaluation referred to in regulation 59, an enforcing authority finds that the radio equipment is not in conformity with part 2, it must without delay require a relevant economic operator to - a take appropriate corrective actions to bring the radio equipment into conformity with those requirements, b withdraw the radio equipment, or c recall the radio equipment, within such reasonable period as the authority prescribes, which is commensurate with the nature of the risk presented by the radio equipment. 2 the enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the radio equipment of - a the respect in which the radio equipment is not in conformity with part 2, and b the actions which the enforcing authority has required the economic operator to take. 3 where the enforcing authority is not the secretary of state and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the united kingdom, it must notify the secretary of state of - a the results of the evaluation, and b the actions which it has required the economic operator to take. 4 where the secretary of state receives notification under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to the united kingdom, the secretary of state must inform the european commission and the other member states of - a the results of the evaluation, and b any actions which the enforcing authority has required the economic operator to take. 5 where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to - a prohibit or restrict the radio equipment being made available on the market in the united kingdom, b withdraw the radio equipment from the united kingdom market, or c recall the radio equipment. 6 where the enforcing authority is not the secretary of state and it takes measures under paragraph (5), it must notify the secretary of state of those measures without delay. 7 where the secretary of state receives notification under paragraph (6), or takes measures under paragraph (5), the secretary of state must notify the european commission and the other member states of those measures without delay. 8 the notifications under paragraphs (6) and (7) must include details about the radio equipment and, in particular - a the data necessary for the identification of the radio equipment which is not in conformity with part 2, b the origin of the radio equipment, c the nature of the lack of conformity alleged and the risk involved, d the nature and duration of the measures taken, e the arguments put forward by the relevant economic operator, and f whether the lack of conformity is due to either of the following - i failure of the radio equipment to meet the essential requirements, or ii shortcomings in the harmonised standards referred to in regulation 40 (presumption of conformity) conferring a presumption of conformity. eu safeguard procedure 61 1 where another member state has initiated the procedure under article 40 of the directive (as amended from time to time), each enforcing authority (other than the secretary of state) must, without delay, inform the secretary of state of - a any measure taken by the enforcing authority in respect of the radio equipment, and b any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the radio equipment. 2 where another member state has initiated the procedure under article 40 of the directive (as amended from time to time), the secretary of state must, without delay, inform the european commission and the other member states of - a any measure taken by an enforcing authority in respect of the radio equipment, b any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the radio equipment, and c any objections that the secretary of state may have to any measure taken by the member state initiating the procedure. 3 where a measure taken by another member state in respect of radio equipment is deemed justified under article 40(7) of the directive (as amended from time to time) (no objections raised by member states or the european commission in respect of a provisional measure taken by an enforcing authority), the market surveillance authority must ensure that appropriate measures, such as withdrawal or recall, are taken in respect of the radio equipment without delay. 4 where a measure taken by another member state in respect of radio equipment is considered justified by the european commission under article 41(1) of the directive (as amended from time to time) (consideration by the european commission of objections raised by a member state about, or compatibility with eu law of, measures taken by an economic operator, or a provisional measure taken by an enforcing authority), the market surveillance authority must take the necessary measures to ensure that the radio equipment is withdrawn or recalled from the united kingdom market. 5 where the market surveillance authority is not the secretary of state and the market surveillance authority has taken action under paragraph (3) or (4), it must inform the secretary of state. 6 where the secretary of state receives notification under paragraph (5) or has taken action under paragraphs (3) or (4), the secretary of state must inform the european commission of the action taken. 7 if a measure taken by an enforcing authority under regulation 60 (enforcement action in respect of radio equipment which is not in conformity and which presents a risk) is considered unjustified by the european commission under article 41(1) of the directive (as amended from time to time), the enforcing authority must withdraw that measure. enforcement action in respect of radio equipment which is in conformity, but presents a risk 62 1 where, having carried out an evaluation under regulation 59 (evaluation of radio equipment presenting a risk), an enforcing authority finds that although the radio equipment is in conformity with part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to - a ensure that the radio equipment, when placed on the market, no longer presents a risk, b withdraw the radio equipment within a prescribed period, or c recall the radio equipment within a prescribed period. 2 where an enforcing authority is not the secretary of state and it takes measures under paragraph (1), it must notify the secretary of state immediately. 3 where the secretary of state receives notification under paragraph (2) or takes measures under paragraph (1), the secretary of state must notify the european commission and the other member states immediately. 4 the notifications referred to in paragraphs (2) and (3) must include details about the radio equipment and, in particular - a the data necessary for the identification of the radio equipment concerned, b the origin and the supply chain of the radio equipment, c the nature of the risk involved, and d the nature and duration of the measures taken by the enforcing authority. 5 in this regulation, "prescribed period" means a period which is - a prescribed by the enforcing authority, and b reasonable and commensurate with the nature of the risk presented by the radio equipment. enforcement action in respect of formal non-compliance 63 1 where an enforcing authority makes one of the following findings relating to radio equipment, it must require a relevant economic operator to put an end to the non-compliance within such reasonable period as the authority specifies - a the ce marking - i has not been affixed, or ii has been affixed otherwise than in accordance with regulations 39 (prohibition on improper use of ce marking) and 44 (ce marking), b where the conformity assessment procedure set out in schedule 4 (full quality assurance) is applied, the identification number of the notified body - i has not been affixed, or ii has been affixed otherwise than in accordance with regulation 44 (ce marking), c the eu declaration of conformity - i has not been drawn up, or ii has been drawn up otherwise than in accordance with regulations 10 (eu declaration of conformity and ce marking) and 42 (eu declaration of conformity), d the technical documentation is either not available or not complete, e the following information that is required to be included is absent, false or incomplete - i the information specified in regulation 12 (1) or (2) (identification of the radio equipment and manufacturer), or ii the information specified in regulation 23 (1) (information identifying importer), f the information specified in regulation 13(1), (2) or (3) (instructions and information to be included with the radio equipment) is absent, g the requirements set out in regulation 38 (identification of economic operators) on the identification of economic operators have not been met. 2 until the specified period has elapsed, the enforcing authority must not commence proceedings under these regulations, or take any other enforcement action under these regulations, against the relevant economic operator in respect of the non-compliance referred to in paragraph (1). 3 where the non-compliance referred to in paragraph (1) persists beyond the specified period, the enforcing authority must take appropriate measures to - a restrict or prohibit corresponding radio equipment being made available on the market, b ensure that the radio equipment is withdrawn, or c ensure that the radio equipment is recalled. 4 this regulation does not apply where radio equipment presents a risk. restrictive measures 64 when enforcing these regulations, an enforcing authority must comply with the requirements of article 21 of rams (as amended from time to time) in relation to any measure to - a prohibit or restrict radio equipment being made available on the market, b withdraw radio equipment, or c recall radio equipment. offences 65 1 it is an offence for a person to contravene or fail to comply with any requirement of regulations 7 to 15 , 16(4) , 17 and 18 , 20 to 28 , 29(4) , 30 to 34 , 35(4) . 2 it is an offence for any person to contravene or fail to comply with any requirement of a withdrawal or recall notice served on that person by an enforcing authority under these regulations. penalties 66 1 subject to paragraph (2), a person guilty of an offence under regulation 65 is liable on summary conviction - a in england and wales, to a fine or imprisonment for a term not exceeding 3 months or to both, b in scotland and northern ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both. 2 a person guilty of an offence under regulations 11 , 16 , 28 and 35 is liable on summary conviction - a in england and wales, to a fine, b in scotland and northern ireland, to a fine not exceeding level 5 on the standard scale. defence of due diligence 67 1 subject to paragraphs (2) and (4), in proceedings for an offence under regulation 65 (offences), it is a defence for a person ("p") to show that p took all reasonable steps and exercised all due diligence to avoid committing the offence. 2 p may not rely on a defence under paragraph (1) which involves a third party allegation unless p has - a served a notice in accordance with paragraph (3), or b obtained the leave of the court. 3 the notice must - a give any information in p's possession which identifies or assists in identifying the person who - i committed the act or default, or ii supplied the information on which p relied. b be served on the person bringing the proceedings not less than 7 clear days before - i in england, wales and northern ireland, the hearing of the proceedings, ii in scotland, the trial diet. 4 p may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for p to have relied upon the information, having regard in particular - a to the steps that p took, and those which might reasonably have been taken, for the purpose of verifying the information, and b to whether p had any reason to disbelieve the information. 5 in this regulation, "third party allegation" means an allegation that the commission of the offence was due - a to the act or default of another person, or b to reliance on information supplied by another person. liability of persons other than principal offender 68 1 where the commission of an offence by one person ("a") under regulation 65 (offences) is due to anything which another person ("b") did or failed to do in the course of business, b is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against a. 2 where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committed - a with the consent or connivance of the relevant person, or b as a result of the negligence of the relevant person. 3 in paragraph (2), "relevant person" means - a a director, manager, secretary or other similar officer of the body corporate, b in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions, c in relation to a scottish partnership, a partner, or d a person purporting to act as a person described in sub-paragraphs (a), (b) or (c). time limit for prosecution of offences 69 1 subject to paragraph (4), in england and wales an information relating to an offence under regulation 65 (offences) that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor. 2 subject to paragraph (4), in scotland - a summary proceedings for an offence under regulation 65 may be commenced before the end of 12 months after the date on which evidence sufficient in the lord advocate's opinion to justify the proceedings came to the lord advocate's knowledge, b section 136(3) of the criminal procedure (scotland) act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section. 3 subject to paragraph (4), in northern ireland summary proceedings for an offence under regulation 65 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor. 4 no proceedings may be brought more than 3 years after the commission of the offence. 5 for the purposes of this regulation a certificate of the prosecutor (or in scotland, the lord advocate) as to the date on which the evidence referred to in paragraphs (1), (2) or (3) came to light, is conclusive evidence. service of documents 70 1 any document required or authorised by these regulations to be served on a person may be served by - a delivering it to that person in person, b leaving it at that person's proper address, or c sending it by post or electronic means to that person's proper address. 2 in the case of a body corporate, a document may be served on a director of that body. 3 in the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business. 4 for the purposes of this regulation, "proper address" means - a in the case of a body corporate or its director - i the registered or principal office of that body, or ii the email address of the secretary or clerk of that body, b in the case of a partnership, a partner or person having control or management of the partnership business - i the principal office of the partnership, or ii the email address of a partner or person having that control or management, c in any other case, a person's last known address, which includes an email address. 5 if a person to be served with a document has specified an address in the united kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept service, that address must also be treated as that person's proper address. 6 in this regulation, "partnership" includes a scottish partnership. recovery of expenses of enforcement 71 1 this regulation applies where a person commits an offence under regulation 65 (offences). 2 the court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence. action by enforcing authority 72 1 an enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these regulations where the conditions for serving such a notice are met and either - a the enforcing authority has been unable to identify any economic operator on whom to serve such a notice, or b the economic operator on whom such a notice has been served has failed to comply with it. 2 if the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action. 3 a civil debt recoverable under paragraph (2) may be recovered summarily - a in england and wales by way of a complaint pursuant to section 58 of the magistrates' courts act 1980 , b in northern ireland in proceedings under article 62 of the magistrates' court (northern ireland) order 1981 . appeals against notices 73 1 an application for an order to vary or set aside the terms of a notice served under these regulations may be made - a by the economic operator on whom the notice has been served, b by a person having an interest in the radio equipment in respect of which the notice has been served, unless the notice is a recall notice. 2 an application must be made before the end of the period of 21 days beginning with the day on which the notice was served. 3 the appropriate court may only make an order setting aside a notice served under these regulations if satisfied - a that the requirements of these regulations and of rams (in its application to radio equipment) have been complied with in respect of the radio equipment to which the notice relates, or b that the enforcing authority failed to comply with regulation 58 (exercise of enforcement powers) when serving the notice. 4 on an application to vary the terms of a notice served under these regulations, the appropriate court may vary the terms of the notice as it considers appropriate. 5 in this regulation - a the "appropriate court" is to be determined in accordance with regulation 74 (appropriate court for appeals against notices), b "notice" means any notice served in accordance with schedule 10. appropriate court for appeals against notices 74 1 in england and wales or northern ireland, the appropriate court for the purposes of regulation 73 (appeals against notices) is - a the court in which proceedings have been brought in relation to the radio equipment for an offence under regulation 65 (offences), b in any other case, a magistrates' court. 2 in scotland, the appropriate court for the purposes of regulation 73 is the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office. 3 a person aggrieved by an order made by a magistrates' court in england and wales or northern ireland pursuant to an application under regulation 73 , or by a decision of such a court not to make such an order, may appeal against that order or decision - a in england and wales, to the crown court, b in northern ireland, to the county court. compensation 75 1 where an enforcing authority serves a relevant notice in respect of radio equipment, the enforcing authority is liable to pay compensation to a person having an interest in the radio equipment for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met. 2 the conditions are that - a the radio equipment in respect of which the relevant notice was served neither - i presents a risk, nor ii contravenes any requirements of these regulations, and b the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator. 3 in this regulation, "relevant notice" means a suspension, withdrawal or recall notice served in accordance with these regulations. part 6 miscellaneous review 76 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 5 years beginning with the commencement date. 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 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). transitional provision 77 nothing in these regulations prevents the making available on the market of radio equipment which - a is in conformity with the requirements of directive 1999/5/ec of the european parliament and the council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity , and b is placed on the market on or before the commencement date. revocations and savings 78 1 subject to paragraph (2), the radio equipment and telecommunications terminal equipment regulations 2000 are revoked. 2 the radio equipment and telecommunications terminal equipment regulations 2000 continue to apply to any equipment placed on the market in accordance with those regulations before the commencement date. 3 in relation to radio equipment placed on the market before the commencement date, the amendments in regulations 79 and 80 do not apply. consequential and other amendments 79 1 the enterprise act 2002 (part 9 restrictions on disclosure of information) (specification) order 2004 is amended as follows. 2 in schedule 1, for "radio equipment and telecommunications terminal equipment regulations 2000" substitute "radio equipment regulations 2017". 80 1 the consumer rights act 2015 is amended as follows. 2 in paragraph 10 of schedule 5 - a omit the entry "paragraph 1(1)(b) or (2)(b) or 2 of schedule 9 to the radio equipment and telecommunications terminal equipment regulations 2000 ( si 2000/730 )", and b at the appropriate place insert - regulation 56(1)(a)(ii) or (b)(ii) or (2) of the radio equipment regulations 2017 ( s.i. 2017/1206 ) . 81 1 the electromagnetic compatibility regulations 2016 are amended as follows. 2 in regulation 2 (interpretation) - a in paragraph (1), omit the definition of "notified body", and b after paragraph (4), insert - 5 in these regulations (except part 4 (notification of conformity assessment bodies) and schedules 5 (requirements for notified bodies) and 6 (operational obligations of notified bodies)), "notified body" means - a a notified body within the meaning set out in regulation 43 (notified bodies), or b a notified body under the laws of any other member state which implements the directive. . 3 in regulation 52 (designation of enforcing authorities) omit paragraph (4). 82 1 the pressure equipment (safety) regulations 2016 are amended as follows. 2 in regulation 2 (interpretation) - a in paragraph (1) - i for the definition of "authorised representative" substitute - "authorised representative" means a person established within the eu appointed in accordance with regulation 19(1) (manufacturer's authorised representative); , ii omit the definition of "notified body", and b after paragraph (6), insert - 7 in these regulations (except part 4 (notification of conformity assessment bodies) and schedules 4 (notified body requirements) and 6 (operational obligations of notified bodies, recognised third party organisations and user inspectorates)), "notified body" means - a a notified body within the meaning set out in regulation 51 (notified bodies), or b a notified body under the laws of any other member state which implement the directive. . 83 1 the simple pressure vessels (safety) regulations 2016 are amended as follows. 2 in regulation 2 (interpretation) - a in paragraph (4), omit the definition of "notified body", and b after paragraph (6), insert - 7 in these regulations (except part 4 (notification of conformity assessment bodies) and schedule 4 (notified bodies), "notified body" means - a a notified body within the meaning set out in regulation 45 (notified bodies), or b a notified body under the laws of any other member state which implements the directive. . 84 1 the electrical equipment (safety) regulations 2016 are amended as follows. 2 in paragraph (1) of regulation 2, for the definition of "authorised representative" substitute - "authorised representative" means a person established within the eu appointed in accordance with regulation 14 (manufacturer's authorised representatives); . 3 in paragraph (3) of regulation 3, for "apparatus covered by the radio equipment and telecommunications terminal equipment regulations 2000" substitute "equipment covered by the radio equipment regulations 2017". 4 in regulation 29 (duty to take action in respect of electrical equipment placed on the market which is not considered to be in conformity) - a in the title of the regulation, for "placed" substitute "made available", b in paragraph (1), for "placed" substitute "made available". 85 1 the recreational craft regulations 2017 are amended as follows. 2 in regulation 29 (duty not to place a product on the market where the distributor suspects that it is not in conformity) - a in the title of the regulation, for "place a product" substitute "make a product available", b in paragraph (1), for "place the product" substitute "make the product available". margot james minister for small business, consumer and corporate responsibility department for business, energy & industrial strategy 4th december 2017

citation and commencement 1 this order may be cited as the proscribed organisations (name change) (no. 2) order 2017 and comes into force on the day after the day on which it is laid before parliament. name change 2 1 each of the names specified in paragraph (2), being names that are not specified in schedule 2 to the terrorism act 2000 (proscribed organisations), is to be treated as another name for national action, being an organisation listed in that schedule . 2 those names are - a scottish dawn, b ns131 (national socialist anti-capitalist action). amber rudd secretary of state home office 26th september 2017

citation and commencement 1 this order may be cited as the pensions increase (review) order 2017 and comes into force on 10th april 2017. interpretation 2 1 in this order, "the act" means the social security pensions act 1975. 2 in this order, any reference to a pension is a reference to a pension which began before 10th april 2017 . pension increases: annual rate and lump sums 3 1 this article applies to an official pension if - a a qualifying condition is satisfied; or b the pension is - i a derivative pension, ii a substituted pension, or iii a relevant injury pension. 2 in relation to any period on or after 10th april 2017, the pension authority may increase the annual rate of the pension - a for a pension which began before 11th april 2016, by 1 per cent; b for a pension which began on or after 11th april 2016, by 1 per cent multiplied by - a 12 where a is the number of complete months in the period between the beginning date of the pension and 10th april 2017. 3 in relation to a lump sum which is payable on or after 11th april 2016 but before 10th april 2017, the pension authority may increase the lump sum by 1 per cent multiplied by - a 12 where a is the number of complete months in the period between the beginning date for the lump sum (or, if later, 11th april 2016) and the date on which it became payable. reductions in respect of guaranteed minimum pensions 4 1 where - a a person is entitled to an increase in a guaranteed minimum pension on 10th april 2017, and b entitlement to the guaranteed minimum pension arises from an employment from which (either directly, or indirectly by virtue of the payment of a transfer credit) entitlement to the official pension also arises, the amount by reference to which any increase is calculated for the purposes of article 3(2) must be reduced by an amount equal to the rate of the guaranteed minimum pension unless the treasury otherwise direct in accordance with the provisions of section 59a of the act . 2 where on the death of a deceased spouse or civil partner a person becomes entitled to a guaranteed minimum pension in relation to a surviving spouse's pension or a surviving civil partner's pension, the amount by reference to which any increase is calculated for the purposes of article 3(2) must be reduced in accordance with section 59(5za) of the act. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 15th march 2017

citation, application and commencement 1 1 this order, which applies in relation to england only, may be cited as the non-domestic rating (reliefs, thresholds and amendment) (england) order 2017 and comes into force on 3rd march 2017. 2 articles 2 and 3 of this order apply for the purposes of - a determining whether section 43(4b) of the act (occupied hereditaments: liability) applies as regards a ratepayer and a hereditament, and b calculating the chargeable amount for a chargeable day under section 43(4a)(a) of the act, in respect of chargeable days falling on or after 1st april 2017. 3 in this order, "the act" means the local government finance act 1988. conditions for relief 2 for the purpose of section 43(4b)(a)(ii) of the act, the condition to be satisfied is that the rateable value of the hereditament as shown in the local non-domestic rating list for the chargeable day is not more than 50,999. amount of e 3 1 the amount of e prescribed for the purposes of subsection 44(9)(a) of the act (occupied hereditaments: supplementary) shall be found in accordance with paragraphs (2) to (8). 2 where the ratepayer occupies only one hereditament in england and the rateable value of that hereditament shown in the local non-domestic rating list for the chargeable day concerned is not more than 12,000, e shall be 5,000,000. 3 where the ratepayer occupies only one hereditament in england and the rateable value of that hereditament shown in the local non-domestic rating list for the chargeable day concerned is more than 12,000 and not more than 15,000, e shall be (subject to paragraph (5)) the amount derived from dividing 3000 by the figure reached by subtracting 12000 from the rateable value of the hereditament shown in the local non-domestic rating list for that day. 4 in any case not falling within paragraph (2) or (3), e shall be 1. 5 amounts calculated under paragraph (3), shall be calculated to three decimal places only - a adding one thousandth where (apart from this sub-paragraph) there would be more than five ten-thousandths; and b ignoring the ten-thousandths where (apart from this sub-paragraph) there would be five, or less than five, ten-thousandths. 6 in determining, for the purposes of paragraphs (2) or (3), whether the ratepayer occupies only one hereditament in england ("hereditament a"), the ratepayer's occupation of any other hereditament in england ("hereditament b") shall be disregarded where the conditions in either paragraph (7) or (8) are satisfied. 7 the conditions are - a the ratepayer's occupation of hereditament b started on a date after that ratepayer started to occupy hereditament a; b on the chargeable day concerned, the ratepayer has occupied hereditament b for a period not exceeding 12 months; and c the amount of e for the chargeable day concerned in relation to hereditament b is not determined in accordance with paragraph (2) or (3) of this article. 8 the conditions are - a the rateable value of hereditament b shown in the local non-domestic rating list for the chargeable day concerned is not more than 2,899; b the aggregate rateable value on the chargeable day concerned of all the hereditaments the ratepayer occupies in england (but excluding any hereditament b that falls within paragraph (7)) is not more than - i for a hereditament situated in greater london, 27,999; ii for a hereditament situated outside greater london, 19,999; and c the amount of e for the chargeable day concerned in relation to hereditament b is not determined in accordance with paragraph (2) of this article. amendment of the non-domestic rating (unoccupied property) (england) regulations 2008 4 1 the non-domestic rating (unoccupied property) (england) regulations 2008 are amended in accordance with paragraph (2). 2 for regulation 4(g) (hereditaments not prescribed for the purposes of section 45(1)(d) of the act) substitute - g whose rateable value is less than - i in relation to the financial year beginning on 1st april 2008, 2,200; ii in relation to the financial year beginning on 1st april 2009, 15,000; iii in relation to the financial year beginning on 1st april 2010, 18,000; iv in relation to the financial years beginning on 1st april 2011, 1st april 2012, 1st april 2013, 1st april 2014, 1st april 2015 and 1st april 2016, 2,600; v in relation to financial years beginning on or after 1st april 2017, 2,900. amendment of the non-domestic rating (stud farms) (england) order 2009 5 1 the non-domestic rating (stud farms) (england) order 2009 is amended in accordance with paragraph (2). 2 for article 2 (specified amount - deduction in rateable value) substitute - 2 the amount specified for the purposes of paragraph 2a of schedule 6 to the local government finance act 1988 (deductions from valuation of hereditaments used for breeding horses, etc ) is - a in respect of the rateable value of any hereditament shown in a non-domestic rating list compiled on 1st april 2010, 4,200; b in respect of the rateable value of any hereditament shown in a non-domestic rating list compiled on or after 1st april 2017, 4,700. revocations 6 1 subject to paragraph (2), the non-domestic rating (small business rate relief) (england) order 2012 is revoked. 2 the non-domestic rating (small business rate relief) (england) order 2012 shall continue to have effect in respect of chargeable days falling before 1st april 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 6th february 2017

citation, commencement and application 1 1 this order may be cited as the north norfolk (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 norfolk (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 norfolk and number of councillors 3 1 the existing wards of the district of north norfolk are abolished. 2 the district of north norfolk is divided into 32 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 cromer, fakenham, north walsham and sheringham 4 1 the existing wards of the parishes of cromer, fakenham, north walsham and sheringham are abolished. 2 the parish of cromer is divided into the two parish wards listed in the first column of table 1 in schedule 2. 3 the parish of fakenham is divided into the two parish wards listed in the first column of table 2 in schedule 2. 4 the parish of north walsham is divided into the five parish wards listed in the first column of table 3 in schedule 2. 5 the parish of sheringham is divided into the two 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 8th november 2017

citation and commencement 1 these regulations may be cited as the facilitation of tax evasion offences (guidance about prevention) regulations 2017 and come into force on 30th september 2017. guidance about preventing facilitation of tax evasion offences 2 the guidance titled "tackling tax evasion: government guidance for the corporate offence of failure to prevent the criminal facilitation of tax evasion" dated 1st september 2017 comes into operation on 30th september 2017. philip hammond chancellor of the exchequer 4th september 2017

citation and interpretation 1 1 this order may be cited as the legal aid, sentencing and punishment of offenders act 2012 (alcohol abstinence and monitoring requirements) piloting order 2017. 2 in this order - "the act" means the legal aid, sentencing and punishment of offenders act 2012; "alcohol abstinence and monitoring requirement" has the same meaning as in part 12 of the criminal justice act 2003 . coming into force of section 76 of the act 2 subject to articles 3 and 4(1), section 76 of the act (alcohol abstinence and monitoring requirement) comes into force on 1st may 2017 for all purposes other than application by the armed forces act 2006 . areas in relation to which section 76 of the act is in force 3 section 76 of the act comes into force in relation to the following local justice areas - a humber; b lincolnshire, and c north yorkshire. period for which section 76 of the act is in force 4 1 subject to paragraph (2), section 76 of the act, in so far as it is brought into force by article 2, ceases to have effect at the end of 30th april 2019. 2 paragraph (1) does not affect the continued application after that date of an alcohol abstinence and monitoring requirement imposed by a court during the period mentioned in that paragraph. elizabeth truss secretary of state ministry of justice 5th april 2017

citation, commencement and effect 1 1 these regulations may be cited as the risk transformation (tax) regulations 2017 and come into force three days after the day on which they are made. 2 these regulations have effect - a for the purposes of corporation tax, for accounting periods beginning on or after that date, and b for the purposes of income tax, for payments made on or after that date. interpretation 2 in these regulations - "insurance risk transformation" means the activity specified in article 13a of the financial services and markets act 2000 (regulated activities) order 2001 ; "insurance risk transformation investments" means the investments issued for the purpose of carrying out insurance risk transformation; "protected cell company" is a company incorporated under part 4 of the risk transformation regulations 2017 . qualifying transformer vehicle 3 1 a qualifying transformer vehicle is a transformer vehicle which - a is a company limited by shares, b carries out the activity of insurance risk transformation where substantially all of that activity relates to business other than basic life assurance and general annuity business, and c is authorised under part 4a of the financial services and markets act 2000 to carry out insurance risk transformation. 2 in paragraph (1)(b), "basic life assurance and general annuity business" has the same meaning as in part 2 of the finance act 2012 . corporation tax 4 1 no liability to corporation tax arises in respect of the profits arising from the activity of insurance risk transformation carried out by a qualifying transformer vehicle. 2 for the purposes of paragraph (1), the following are not treated as an activity of insurance risk transformation - a administrative or management activities, or b subject to paragraph (3), holding investments in excess of the minimum amount reasonably required to satisfy the fully funded requirement in relation to the company or, in the case of a protected cell company, the cell. 3 paragraph (2)(b) does not apply in relation to investments which were reasonably required to satisfy the minimum fully funded requirement in relation to a risk assumed under a contract of insurance until the expiration of 90 days from the date on which all liabilities under that contract have been satisfied. 4 for the purposes of this regulation, "the fully funded requirement" is the requirement imposed by articles 319 and 326 of the commission delegated regulation ( eu ) 2015/35 of 10 october 2014 supplementing directive 2009/138/ec of the european parliament and of the council on the taking-up and pursuit of the business of insurance and reinsurance (solvency ii ), or the equivalent requirement set out in rules made by the prudential regulation authority . income tax 5 the duty to deduct a sum representing income tax under section 874 of ita 2007 does not apply to the payment of interest made to investors in relation to insurance risk transformation investments. removal of special tax treatment 6 1 if condition a (set out in regulation 7) or b (set out in regulation 8) is met, regulations 4 and 5 do not apply in relation to profits arising or payments made in the accounting period in which the condition is met, or treated as met, or in any subsequent accounting period. 2 if the qualifying transformer vehicle is a protected cell company, where condition b is met, paragraph (1) only applies in relation to profits of, and payments by, the cell in relation to which the condition is met. condition a 7 condition a is that the qualifying transformer vehicle is liable to a penalty in relation to the accounting period under - a paragraph 17 of schedule 18 to fa 1998 (failure to deliver return: flat-rate penalty) where the penalty has been increased under sub-paragraph (3) of that paragraph, or b schedule 24 to fa 2007 (penalty for errors) where the inaccuracy in the document to which the penalty relates was deliberate within the meaning of paragraph 3(1)(b) or (c) (degrees of culpability) of that schedule. condition b 8 1 condition b is that, having regard to all the circumstances, it would be reasonable to conclude that the main purpose, or one of the main purposes, of the insurance risk transformation, or of arrangements which the insurance risk transformation forms part of, is to secure a tax advantage for any person. 2 where condition b is met, the condition is treated as met when the insurance risk transformation is, or the arrangements referred to in paragraph (1) are, first entered into. 3 for the purposes of this regulation, "arrangements" include any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable). application of the corporation tax acts 9 sections 171 (transfers within a group) and 171a (election to reallocate gain or loss) of tcga 1992 do not apply if "company b" in subsection (1) of each of those sections is a qualifying transformer vehicle. 10 for the purposes of parts 4 and 5 cta 2010 (loss relief and group relief) , the core and each cell of a protected cell company are treated as separate companies 11 for the purposes of part 5 of cta 2010 (group relief), a qualifying transformer vehicle, and, in the case of a protected cell company, a cell or the core of the company, is not treated as a member of any group or consortium. mark spencer david rutley two of the lords commissioners of her majesty's treasury 12th december 2017

citation and commencement 1 this order may be cited as the lobsters and crawfish (prohibition of fishing and landing) (amendment) (england) order 2017 and comes into force on 1st october 2017. amendment of the lobsters and crawfish (prohibition of fishing and landing) order 2000 2 1 the lobsters and crawfish (prohibition of fishing and landing) order 2000 is amended as follows. 2 in article 2 (interpretation) - a in paragraph (1) - i before the definition of "crawfish" insert - "berried" in relation to a lobster or crawfish, means a lobster or crawfish which is carrying eggs attached to its tail or some other exterior part, or which is in such a condition as to show that, at the time when it was taken, it was carrying eggs so attached; ; ii at the end of the definition of "mutilated" omit "and"; iii at the end of the definition of "v notch" for the full stop substitute "; and"; and iv after the definition of "v notch" insert - "welsh zone" has the same meaning as it has by virtue of section 158(1) of the government of wales act 2006 . ; and b in paragraph (2) - i in sub-paragraphs (a)(i) and (b) for "territorial sea adjacent to wales" substitute "welsh zone"; and ii in sub-paragraphs (c)(i) and (ii) after "mutilated" insert "or berried". 3 after article 4 (landing prohibition) insert - berried lobsters and crawfish 4a 1 fishing for a berried lobster or a berried crawfish by - a a relevant british fishing boat, or b a scottish fishing boat within relevant british fishery limits but not within the northern ireland zone is prohibited. 2 the landing in england of a berried lobster or a berried crawfish, wherever caught, from a relevant british fishing boat or a scottish fishing boat is prohibited. . 4 after article 5 (powers of british sea-fishery officers in relation to fishing boats) insert - review 6 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in this order, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 1st 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 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). . george eustice minister of state department for environment, food and rural affairs 7th september 2017

citation and commencement 1 these regulations may be cited as the infrastructure planning (environmental impact assessment) regulations 2017 and come into force on 16th may 2017. review 2 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). interpretation 3 1 in these regulations - "the act" means the planning act 2008 ; "applicant" means - an applicant for an order granting development consent or a person who proposes to apply for such an order; or an applicant for subsequent consent or a person who proposes to make a subsequent application; "associated development" means development for which development consent may be granted in accordance with section 115 (development for which development consent may be granted); "the consultation bodies" means - a body prescribed under section 42(1)(a) (duty to consult) and listed in column 1 of the table set out in schedule 1 to the infrastructure planning (applications: prescribed forms and procedure) regulations 2009 where the circumstances set out in column 2 of that table are satisfied in respect of that body; each authority that is within section 43 (local authorities for purposes of section 42(1)(b)); and if the land to which the application, or proposed application, relates or any part of that land is in greater london, the greater london authority; "the directive" means council directive 2011/92/eu ; " eia " has the meaning given by regulation 5; "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; "environmental information" means the environmental statement (or in the case of a subsequent application, the updated 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 14; "examining authority" means the panel or single appointed person appointed under section 65 (appointment of members, and lead member, of panel) or section 79 (appointment of single appointed person) to examine an application under section 37, and may include one or more members of the panel allocated a function of the panel in accordance with section 76 (allocation within panel of panel's functions) ; " 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 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 33; "further information" means additional information which, in the view of the examining authority, the secretary of state or the relevant authority, is directly relevant to reaching a reasoned conclusion on the significant effects of the development on the environment and which it is necessary to include in an environmental statement or updated environmental statement in order for it to satisfy the requirements of regulation 14(2); "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 requirement imposed by an order granting development consent; "any other information" means any other substantive information provided by the applicant in relation to the environmental statement or updated environmental statement; "register" means a register kept pursuant to section 39 (register of applications); "relevant authority" means the body which determines a subsequent application; "schedule 1 development" means development, other than exempt development, of a description mentioned in schedule 1 to these regulations; "schedule 2 development" means development, other than exempt development, of a description mentioned in schedule 2 to these regulations; "scoping opinion" means a written statement - by the secretary of state as to the information to be provided in an environmental statement as described in regulation 10(1); or by the relevant authority as to any further information to be provided in an updated environmental statement as described in regulation 10(2); "screening direction" means a direction made by the secretary of state as to whether or not development (including any associated development) is eia development; "screening opinion" means a written statement of the opinion of the secretary of state or the examining authority as to whether development (including any associated development) is eia development; "subsequent application" means an application to the relevant authority for approval of a matter where - the application is made in pursuance of a requirement imposed by an order granting development consent; and the approval must be obtained before all or part of the development permitted by the consent may begin; "subsequent consent" means consent granted pursuant to a subsequent application; "subsequent screening opinion" means a written statement of a relevant authority as to whether further information is required to enable it to determine 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; "updated environmental statement" means the environmental statement submitted as part of an application for an order granting development consent, updated to include any further information. 2 except in regulation 2, any reference in these regulations to a section is a reference to a section of the act. 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. 4 expressions used both in these regulations and in the directive have the same meaning for the purposes of these regulations as they have for the purposes of the directive. prohibition on granting consent without consideration of environmental information 4 1 this regulation applies to - a applications for an order granting development consent for eia development received by the secretary of state; and b subsequent applications for eia development received by a relevant authority. 2 where this regulation applies, the secretary of state or relevant authority (as the case may be) must not (in the case of the secretary of state) make an order granting development consent or (in the case of the relevant authority) grant subsequent consent unless an eia has been carried out in respect of that application. environmental impact assessment process 5 1 the environmental impact assessment ("the eia") is a process consisting of - a the preparation of an environmental statement or updated environmental statement, as appropriate, by the applicant; b the carrying out of any consultation, publication and notification as required under these regulations or, as necessary, any other enactment in respect of eia development; and c the steps that are required to be undertaken by the secretary of state under regulation 21 or by the relevant authority under regulation 25, as appropriate. 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, where relevant, 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 secretary of state or relevant authority, as the case may be, must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement or updated environmental statement, as appropriate. when development is eia development: general cases 6 1 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 a person notifying the secretary of state in writing under regulation 8(1)(b) that that person proposes to provide an environmental statement in respect of proposed development; b the adoption by the secretary of state or an examining authority of a screening opinion to the effect that the development is eia development; or c the making of a screening direction by the secretary of state pursuant to regulation 7 to the effect that the development is eia development. when development is eia development: screening directions by the secretary of state 7 1 a direction of the secretary of state shall determine for the purpose of these regulations whether or not development is eia development but may only be given if - a the secretary of state has accepted an application for an order granting development consent for that development; and b paragraph (3) or paragraph (4) applies. 2 the secretary of state may give a direction under paragraph (1) - a at any time until the relevant authority grants a subsequent consent; and b either - i of the secretary of state's own volition; or ii if requested to do so in writing by any person. 3 this paragraph applies if - a the proposed development has not been the subject of a screening opinion; and b the application was not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations. 4 this paragraph applies if - a the proposed development has been the subject of a screening opinion to the effect that it is not eia development; and b the secretary of state considers that the screening opinion did not take into account information that is material to the decision as to whether or not the proposed development is eia development. 5 if the secretary of state decides to give a screening direction following a request under paragraph (2)(b)(ii), the secretary of state must - a request from the applicant the information set out in regulation 8(3); b if the secretary of state considers that sufficient information to make a screening direction has not been provided, notify the applicant of the points on which additional information is required; and c give the screening direction within 90 days of the date on which the applicant provides sufficient information for the secretary of state to make a direction. 6 where the secretary of state considers that, due to exceptional circumstances relating to the circumstances of the proposed development, it is not practicable to give a screening direction within the period specified in paragraph (5)(c), the secretary of state may - a in the case of a screening direction being prepared under paragraph (2)(b)(i), extend that period by notice in writing given to the person bringing forward the development which is the subject of the proposed screening direction; or b in the case of a screening direction being prepared under paragraph (2)(b)(ii), extend that period by notice in writing given 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 and the date when the direction is expected to be given. 8 the secretary of state must send a copy of any screening direction to the relevant authority, or, if the examining authority has been dealing with the application, to the examining authority. procedure for establishing whether environmental impact assessment is required 8 1 a person who proposes to make an application for an order granting development consent must, before carrying out consultation under section 42 (duty to consult) either - a ask the secretary of state to adopt a screening opinion in respect of the development to which the application relates; or b notify the secretary of state in writing that the person proposes to provide an environmental statement in respect of that development. 2 a person who proposes to make a subsequent application may, before submitting that application - a ask the relevant authority to adopt a subsequent screening opinion in respect of the proposed development; or b notify the relevant authority in writing that the person proposes to provide an updated environmental statement in respect of the proposed development. 3 a person making a request under paragraph (1)(a) must provide the following information - 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 whole 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; and d to the extent the information is available, a description of any likely significant effects of the 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. 4 a person making a request under paragraph (2)(a) must provide the following information - a the reference number applied by the secretary of state to the application for an order granting development consent in respect of which the applicant proposes to make a subsequent application; b a description of any aspects of the environment likely to be significantly affected by the development which were not identified at the time the order granting development consent was made; and c to the extent the information is available, a description of any likely significant effects on the environment not identified at the time the order granting development consent was made 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. 5 a person requesting a screening opinion or subsequent screening opinion may also provide details of any features of the proposed development and any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment. 6 a person compiling the information set out in paragraphs (3), (4) and (5) must, where relevant, take into account - a the criteria set out in schedule 3 to these regulations; and b the results of any relevant eu environmental assessment which is reasonably available to them. 7 where - a the secretary of state has received a request under paragraph (1)(a); or b the relevant authority has received a request under paragraph (2)(a), the secretary of state, or, as the case may be, the relevant authority, 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. 8 the secretary of state or the relevant authority must adopt a screening opinion or a subsequent screening opinion within 21 days beginning with the date of receipt of a request made pursuant to paragraph (1)(a) or (2)(a), or where the secretary of state or, as the case may be, the relevant authority, has notified the person making the request that it requires additional information, within 21 days of receiving that information. 9 where the secretary of state or the examining authority adopts a screening opinion, or the secretary of state makes a screening direction under regulation 7, the secretary of state or the examining authority, must - a state the main reasons for the conclusion of the examining authority or the secretary of state, as appropriate, with reference to the relevant criteria listed in schedule 3 to these regulations; b if it is determined that the proposed development is not eia development, state in that opinion or direction any features of the proposed development and measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment; c send a copy of that opinion or direction and a copy of the written statement required by sub-paragraph (a) to the applicant; and d where the examining authority adopts the opinion, send a copy of the opinion and a copy of the written statement to the secretary of state. 10 where the relevant authority adopts a subsequent screening opinion to the effect that an updated environmental statement is required to enable it to determine a subsequent application it must - a issue with the opinion a written statement stating the main reasons for the conclusion of the relevant authority, with reference to the relevant criteria listed in schedule 3 to these regulations; and b send a copy of the opinion and a copy of the written statement required by sub-paragraph (a) to the applicant and to the secretary of state. considerations for screening decisions 9 1 where the secretary of state or the examining authority has to decide under these regulations whether schedule 2 development is eia development the secretary of state or the examining authority must take into account in making that decision - a any information provided to the secretary of state or the examining authority in accordance with regulation 8; b the results of any relevant eu environmental assessment which are reasonably available to the secretary of state or the examining authority; and c such of the selection criteria set out in schedule 3 as are relevant to the proposed development. 2 where a relevant authority has to decide under these regulations whether further information is required to enable it to determine a subsequent application it must take into account in making that decision - a any information provided to it in accordance with regulation 8; b the results of any relevant eu environmental assessment which are reasonably available to the relevant authority; c such of the selection criteria set out in schedule 3 to these regulations as are relevant to the development; d whether information that was available to the decision-maker when it decided to grant development consent for the development has changed since it made that decision; e whether new information on the likely environmental effects of the development has become available since the decision-maker decided to grant development consent; and f whether the new information referred to in sub-paragraphs (d) and (e) is material to the decision as to whether the proposed development is likely to have significant effects on the environment, or as to the particular nature or extent of those effects. application for a scoping opinion 10 1 a person who proposes to make an application for an order granting development consent may ask the secretary of state to state in writing their opinion as to the scope, and level of detail, of the information to be provided in the environmental statement. 2 a person who proposes to make a subsequent application may ask the relevant authority to state in writing its opinion as to the scope, and level of detail, of the further information to be provided in the updated environmental statement. 3 a request under paragraph (1) must include - a a plan sufficient to identify the land; b a description of the proposed development, including its location and technical capacity; c an explanation of the likely significant effects of the development on the environment; and d such other information or representations as the person making the request may wish to provide or make. 4 a request under paragraph (2) must include - a the reference number of the order granting development consent in respect of which the applicant proposes to make a subsequent application; b a description of the proposed development, including its location and technical capacity; c an explanation of the likely significant effects of the development on the environment which were not identified at the time the order granting development consent was made; and d such other information or representations as the person making the request may wish to provide or make. 5 when the secretary of state or the relevant authority, as the case may be, has received a re-quest for a scoping opinion under paragraph (1) or (2), they 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 the secretary of state or the relevant authority must not adopt a scoping opinion in response to a request under paragraph (1) or (2) until they have consulted the consultation bodies, but must, subject to paragraph (7), within 42 days beginning with the date of receipt of that request, or where they have notified the person making the request that they require additional information in order to adopt an opinion, within 42 days of receiving that information, adopt a scoping opinion and send a copy to the person who made the request. 7 where a person has, at the same time as making a request for a screening opinion under regulation 8(1), asked the secretary of state for a scoping opinion under paragraph (1), and the secretary of state has adopted a screening opinion to the effect that the development is eia development, the secretary of state must, within 42 days beginning with the date on which that screening opinion was adopted or, where the secretary of state has notified the person making the request that they require additional information in order to adopt an opinion, within 42 days of receiving that information, adopt a scoping opinion and send a copy to the person who made the request. 8 where a person has, at the same time as making a request for a subsequent screening opinion under regulation 8(2), asked the relevant authority for a scoping opinion under paragraph (2), and the relevant authority has adopted a subsequent screening opinion to the effect that an updated environmental statement is required to enable it to determine a subsequent application, the relevant authority must, within 42 days beginning with the date on which the subsequent screening opinion was adopted or, where it has notified the person making the request that it requires additional information in order to adopt an opinion, within 42 days of receiving that information, adopt a scoping opinion and send a copy to the person who made the request. 9 before adopting a scoping opinion the secretary of state or the relevant authority must take into account - a any information provided about the proposed development; b the specific characteristics of the development; c the likely significant effects of the development on the environment; and d in the case of a subsequent application, the environmental statement submitted with the original application. 10 when the secretary of state or the relevant authority has adopted a scoping opinion in response to a request under paragraph (1) or (2), neither the secretary of state nor the relevant 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 or an updated environmental statement in connection with an application for an order granting development consent or a subsequent application for the same development as was referred to in the request. 11 if a consultation body does not within 28 days of being consulted under paragraph (6) respond stating - a the information it considers should be provided in the environmental statement or the updated environmental statement; or b that it does not have any comments, the secretary of state or the relevant authority is entitled to assume that the consultation body in question does not have any comments on the information to be provided in the environmental statement or the updated environmental statement. procedure to facilitate preparation of environmental statements 11 1 where paragraph (2) applies, the secretary of state or the relevant authority must - a notify the consultation bodies in writing of the name and address of the applicant and of the duty imposed on the consultation bodies by paragraph (3) to make information available to that person; b inform the applicant in writing of the names and addresses of the bodies so notified; and c notify the applicant in writing of any particular person whom it considers - i to be, or to be likely to be, affected by, or to have an interest in the proposed development; and ii to be unlikely to become aware of the proposed development by means of the measures taken in compliance with part 5 (applications for orders granting development consent) of the act. 2 this paragraph applies if - a a person has notified the secretary of state or the relevant authority under regulation 8(1)(b) or 8(2)(b); or b either - i in the case of an application for an order granting development consent, the secretary of state has given a screening opinion to the effect that the proposed development is eia development; or ii in the case of a subsequent application, the relevant authority has given a subsequent screening opinion to the effect that further information is required to enable it to determine the application. 3 subject to paragraph (4), the secretary of state, the relevant authority and any body notified in accordance with paragraph (1), other than a person notified in accordance with paragraph (1)(c), must, if so requested by the applicant, enter into consultation with that person to determine whether the secretary of state, the relevant authority or body, as the case may be, has in its possession any information which is considered relevant to the preparation of the environmental statement or the updated environmental statement; and, if that is the case, the secretary of state, or the relevant authority or body must make that information available to the applicant. 4 paragraph (3) does not require the disclosure of information which is exempted from the duty to disclose environmental information under the environmental information regulations 2004 or regulation 10(5) (as read with regulation 10(6)) of the environmental information (scotland) regulations 2004 . 5 the secretary of state, relevant authority or body making information available in accordance with paragraph (3) may make a reasonable charge reflecting the cost of making the relevant information available to the applicant. 6 in this regulation, "any particular person" includes any non-governmental organisation promoting environmental protection. consultation statement requirements 12 1 the consultation statement prepared under section 47 (duty to consult local community) must set out - a whether the development for which the applicant proposes to make an application for an order granting development consent is eia development; and b if that development is eia development, how the applicant intends to publicise and consult on the preliminary environmental information. 2 in this regulation, "preliminary environmental information" means information referred to in regulation 14(2) which - a has been compiled by the applicant; and b is reasonably required for the consultation bodies to develop an informed view of the likely significant environmental effects of the development (and of any associated development). pre-application publicity under section 48 (duty to publicise) 13 where the proposed application for an order granting development consent is an application for eia development, the applicant must, at the same time as publishing notice of the proposed application under section 48(1), send a copy of that notice to the consultation bodies and to any person notified to the applicant in accordance with regulation 11(1)(c). environmental statements 14 1 an application for an order granting development consent for eia development must be accompanied by an environmental statement. 2 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 applicant, 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. 3 the environmental statement referred to in paragraph (1) must - a where a scoping opinion has been adopted, be based on the most recent scoping opinion adopted (so far as the proposed development remains materially the same as the proposed development which was subject to that opinion); 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 is reasonably available to the applicant with a view to avoiding duplication of assessment. 4 in order to ensure the completeness and quality of the environmental statement - a the applicant must ensure that the environmental statement is prepared by competent experts; and b the environmental statement must be accompanied by a statement from the applicant outlining the relevant expertise or qualifications of such experts. obligations of secretary of state on receipt of application 15 1 where - a an application has been made for an order granting development consent that includes schedule 1 or schedule 2 development but is not accompanied by an environmental statement; and b either paragraph (5) or (6) applies, paragraphs (7), (8) and (9) of regulation 8 shall apply as if the receipt of the application were a request made under regulation 8(1)(a). 2 where paragraph (1) applies the secretary of state must, without prejudice to the generality of regulation 8(7), make a request for additional information under that regulation to ensure that the applicant has provided at least the information referred to in regulation 8(3) before giving or adopting a screening direction or opinion. 3 where paragraph (2) applies the applicant must prepare the information referred to in regulation 8(3) by reference to the requirements of regulation 8(6). 4 where pursuant to paragraph (1), the secretary of state has adopted a screening opinion to the effect that proposed development is eia development and complies with regulation 8(9), the secretary of state must suspend consideration of the application until the applicant has provided an environmental statement. 5 this paragraph applies if - a the proposed development has not been the subject of a screening opinion; and b the application is not accompanied by a statement referred to by the applicant as an environmental statement for the purpose of these regulations. 6 this paragraph applies if - a the proposed development has been the subject of a screening opinion to the effect that it is not eia development; and b the secretary of state is of the view that the screening opinion did not take into account information that is material to the decision as to whether the proposed development is eia development. 7 where paragraph (8) applies, the secretary of state must - a issue a written statement giving clearly and precisely the reasons for the conclusion; b send a copy of that written statement to the applicant; and c suspend consideration of the application until the applicant has provided the further information required. 8 this paragraph applies if - a the applicant has submitted a statement that the applicant refers to as an environmental statement; and b the secretary of state is of the view that it is necessary for the statement to contain further information. 9 regulations 10 (application for scoping opinion) and 11 (procedure to facilitate preparation of environmental statements) apply to an application for an order granting development consent for eia development which has been suspended under paragraph (4) as if, in regulation 10(1), for "a person who proposes to make an application" there were substituted "an applicant". accepted application - publicity and consultation for eia development 16 1 this regulation applies where an application for an order for development consent for eia development is accepted by the secretary of state. 2 where this regulation applies, the applicant must at the same time as it gives the notice required to be given under section 56 (notifying persons of accepted application) - a send a copy of that notice to any person notified to the applicant under regulation 11(1)(c); and b send to the consultation bodies - i a copy of the accepted application and a map showing where the proposed development is to be sited; and ii a copy of the environmental statement. certifying compliance with regulation 16 17 where regulation 16 applies, the applicant must send to the secretary of state a certificate of compliance with that regulation - a in the form set out in certificate 1 in schedule 5 to these regulations; b at the same time as complying with regulation 10 of the infrastructure planning (applications: prescribed forms and procedure) regulations 2009 . effect of failure to comply with regulation 16 18 where - a an examining authority is examining an application for an order granting development consent; and b the applicant has not complied with regulation 16, the examining authority must suspend consideration of the application until the applicant has certified to the examining authority that the requirements of regulation 16 have been complied with, in the form set out in certificate 1 in schedule 5 to these regulations. accepted application - effect of screening opinion not taking account of all relevant information 19 1 where - a an examining authority is examining an application for an order granting development consent; and b paragraph (2) applies, the examining authority must comply with the requirements in paragraph (3). 2 this paragraph applies if - a the proposed development has been the subject of a screening opinion to the effect that it is not eia development; and b the examining authority is of the view that the screening opinion did not take into account information that is material to the decision as to whether the proposed development is eia development. 3 the requirements mentioned in paragraph (1) are that - a the examining authority must suspend consideration of the application until it has adopted a further screening opinion; b if the examining authority considers that there is insufficient information with which to adopt such an opinion, the examining authority must request the applicant to provide additional information; c the examining authority must adopt a further screening opinion provided there is sufficient information with which to do so; and d the examining authority must adopt a further screening opinion within 21 days of a suspension of an application as described in sub-paragraph (a), or where the examining authority has requested additional information in accordance with sub-paragraph (b), within 21 days of receiving that information. 4 where the examining authority requests that the applicant provide additional information pursuant to sub-paragraph (3)(b), the applicant must prepare such additional information as falls within regulation 8(3) by reference to the requirements of regulation 8(6). 5 where, pursuant to paragraph (3), the examining authority adopts a screening opinion to the effect that the proposed development is eia development, the examining authority must - a issue with the opinion a written statement stating the main reasons for the conclusion, with reference to the relevant criteria listed in schedule 3 to these regulations; b send to the applicant a copy of the opinion and a copy of the written statement mentioned in sub-paragraph (a); and c suspend consideration of the application until the requirements of paragraph (6) and, where appropriate, paragraph (7), are satisfied. 6 the requirements mentioned in paragraph (5)(c) are that the applicant must - a provide the examining authority with a copy of the environmental statement; b publish a notice (in accordance with sub-paragraph (c)) which sets out the following information - i the name and address of the applicant; ii that the applicant has made an application to the secretary of state for an order granting development consent for eia development; iii that the secretary of state has accepted the application and the reference number of the application; iv that consideration of the application by the examining authority has been suspended until an environmental statement has been provided and publicised; v a summary of the main proposals, specifying the location or route of the proposed development; vi that the environmental statement is available for inspection free of charge - aa at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice; and bb on a website maintained by or on behalf of the secretary of state; vii the latest date on which those documents will be available for inspection (being a date not earlier that the deadline referred to in sub-paragraph (b)(x)); viii whether a charge will be made for copies of any of those documents and the amount of any charge; ix details of how to respond to the publicity; and x a deadline for receipt of responses being not less than 30 days following the date on which the notice is last published; c publish the notice - i for at least 2 successive weeks in one or more local newspapers circulating in the vicinity of the land in which the proposed development is situated; ii once in a national newspaper; iii once in the london gazette and if land in scotland is affected, the edinburgh gazette; and iv in the case of offshore development, once in lloyds list and once in an appropriate fishing trade journal. d display the notice at, or as close as reasonably practicable to, the site of the proposed development at a place accessible to the public; e serve on any person of whom the applicant has been notified under regulation 11(1)(c) a notice containing the information specified in sub-paragraph (b); f arrange for the notice to be published on a website maintained by or on behalf of the secretary of state; g send to the consultation bodies a copy of the environmental statement and a notice setting out the information specified in sub-paragraph (b)(i) to (v); h inform those bodies - i how and to whom they may make representations; and ii of the deadline for making representations which must be not less than 30 days later than the last date on which the additional information was sent in accordance with sub-paragraph (e); and i certify to the examining authority in the form set out in certificate 2 in schedule 5 that the applicant has complied with the requirements of sub-paragraphs (b) to (h). 7 where the proposed development consists of, or includes, works with a route or alignment exceeding 5 kilometres in length - a the requirements set out in paragraph (6)(c)(i) shall be taken to include a requirement to publish the notice referred to in paragraph (6)(b) for at least 2 successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application; and b the requirements set out in paragraph (6)(d) to display the notice referred to in paragraph (6)(b) shall be taken to include a requirement to display the notice at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered in water. 8 regulation 11 (procedure to facilitate preparation of environmental statements) applies to an application for an order granting development consent for eia development that has been suspended under sub-paragraph (3)(a), subject to the following modifications - a in paragraphs (1), (3) and (5) of regulation 11, for "the secretary of state", in each place, substitute "the examining authority"; and b in regulation 11(2) - i sub-paragraph (a) shall not apply; and ii in sub-paragraph (b)(i) for "the secretary of state" substitute "the examining authority". accepted application - effect of environmental statement being inadequate 20 1 where an examining authority is examining an application for an order granting development consent and paragraph (2) applies, the examining authority must - a issue a written statement giving clearly and precisely the reasons for its conclusion; b send a copy of that written statement to the applicant; and c suspend consideration of the application until the requirements of paragraph (3) and, where appropriate, paragraph (4) are satisfied. 2 this paragraph applies if - a the applicant has submitted a statement that the applicant refers to as an environmental statement; and b the examining authority is of the view that it is necessary for the statement to contain further information. 3 the requirements mentioned in paragraph (1) are that the applicant must - a provide the examining authority with the further information; b publish a notice (in accordance with sub-paragraph (c)) which sets out the following information - i the name and address of the applicant; ii that the applicant has made an application to the secretary of state for an order granting development consent for eia development; iii that the secretary of state has accepted the application and the reference number of the application; iv that consideration of the application by the examining authority has been suspended until further information and any other information required for the environmental statement has been provided and publicised; v a summary of the main proposals, specifying the location or route of the proposed development; vi that the environmental statement and the further information and any other information are available for inspection free of charge - aa at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice; and bb on a website maintained by or on behalf of the secretary of state; vii the latest date on which those documents will be available for inspection (being a date not earlier that the deadline referred to in sub-paragraph (b)(x)); viii whether a charge will be made for copies of any of those documents and the amount of any charge; ix details of how to respond to the publicity; and x a deadline for receipt of responses being not less than 30 days following the date on which the notice is last published; c publish the notice - i for at least 2 successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development is situated; ii once in a national newspaper; iii once in the london gazette and if land in scotland is affected, the edinburgh gazette; and iv in the case of offshore development, once in lloyds list and once in an appropriate fishing trade journal; d display the notice at, or as close as reasonably practicable to, the site of the proposed development at a place accessible to the public; e serve on any person of whom the applicant has been notified under regulation 11(1)(c) a notice containing the information specified in sub-paragraph (b), except that the date specified as the latest date on which the documents will be available for inspection must not be less than 30 days later than the date on which the notice is first served; f arrange for the notice to be published on a website maintained by or on behalf of the secretary of state; g send to the consultation bodies the further information and a notice setting out the information specified in sub-paragraph (b)(i) to (v); and h inform those bodies - i how and to whom they may make representations; ii of the deadline for making representations which must be not less than 30 days later than the last date on which the additional information was sent in accordance with sub-paragraph (e); and iii certify to the examining authority in the form set out in certificate 3 in schedule 5 that the applicant has complied with the requirements of sub-paragraphs (b) to (g). 4 where the proposed development consists of, or includes, works with a route or alignment exceeding 5 kilometres in length - a the requirement set out in paragraph (3)(c)(i) shall be taken to include a requirement to publish the notice referred to in paragraph (3)(b) for at least 2 successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application; and b the requirements set out in paragraph (3)(d) to display the notice referred to in paragraph (3)(b) shall be taken to include a requirement to display the notice at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered in water. consideration of whether development consent should be granted 21 1 when deciding whether to make an order granting development consent for eia development the secretary of state 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, any supplementary examination considered necessary; c integrate that conclusion into the decision as to whether an order is to be granted; and d if an order is to be made, consider whether it is appropriate to impose monitoring measures. 2 the reasoned conclusion referred to in paragraph (1)(b) must be up to date at the time that the decision as to whether the order is to be granted is taken, and that conclusion shall be taken to be up to date if in the opinion of the secretary of state it addresses the significant effects of the proposed development on the environment that are likely to arise as a result of the development described in the application. 3 when considering whether to impose a monitoring measure under paragraph (1)(d), the secretary of state 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. subsequent application for eia development 22 1 this regulation applies in relation to a subsequent application if either - a the applicant has notified the relevant authority under regulation 8(2)(b); or b the relevant authority has given a screening opinion to the effect that further information is required to enable it to determine the subsequent application. 2 where this regulation applies, the applicant must - a submit an updated environmental statement with the subsequent application; b comply with the requirements of paragraph (3); and c certify to the relevant authority in the form set out in certificate 4 in schedule 5 to these regulations that the applicant has complied with the requirements of paragraph (3). 3 the requirements mentioned in paragraph (2)(b) are that the applicant must - a publish a notice of the subsequent application (in accordance with sub-paragraph (b)) which sets out the following information - i the name and address of the applicant; ii that the applicant is making an application for approval of a matter in pursuance of a requirement imposed by an order granting development consent; iii the reference number of the order granting development consent; iv that the order granting development consent is for eia development; v a summary of the main proposals, specifying the location or route of the proposed development; vi that the updated environmental statement and supporting documents are available for inspection free of charge - aa at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice; and bb on a website maintained by or on behalf of the relevant authority; vii the latest date on which those documents will be available for inspection (being a date not earlier than the deadline referred to in paragraph (x)); viii whether a charge will be made for copies of any of those documents and the amount of any charge; ix details of how to respond to the publicity; and x a deadline for receipt of responses being not less than 30 days following the date when the notice is last published; b publish the notice - i for at least 2 successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development is situated; ii once in a national newspaper; iii once in the london gazette and, if land in scotland is affected, the edinburgh gazette; and iv in the case of offshore development, once in lloyds list; and once in an appropriate fishing trade journal; c display the notice at, or as close as reasonably practicable to, the site of the proposed development at a place accessible to the public; d where a person has been notified to the applicant under regulation 11(1)(c), serve on that person a copy of that notice, as the same time as the notice is published; e arrange for the notice to be published on a website maintained by or on behalf of the relevant authority; and f send to the consultation bodies - i a notice setting out the details listed at sub-paragraph (a)(i) to (v); ii details of how to respond to the consultation; iii a deadline for receipt of responses being not less than 30 days following the date when the body receives the notice; iv a map showing where the proposed development is to be sited; and v a copy of the updated environmental statement and of any supporting documents. 4 where the proposed development consists of, or includes, works with a route or alignment exceeding 5 kilometres in length - a the requirement set out in paragraph (3)(b)(i) shall be taken to include a requirement to publish the notice referred to in paragraph (3)(a) for at least 2 successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application; and b the requirements set out in paragraph (3)(c) to display the notice referred to in paragraph (3)(a) shall be taken to include a requirement to display the notice at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered in water. subsequent application where environmental information previously provided 23 1 this regulation applies where - a a relevant authority is dealing with a subsequent application; b the applicant has not notified the relevant authority in accordance with regulation 8(2)(b); and c the application is not accompanied by a statement referred to by the applicant as an updated environmental statement for the purposes of these regulations. 2 where it appears to the relevant authority that the environmental information already before it is adequate to assess the environmental effects of the development in accordance with regulation 25, it must take that information into consideration in its decision as to subsequent consent. 3 where it appears to the relevant authority that the environmental information already before it is not adequate to assess the environmental effects of the development - a the relevant authority must issue a written statement giving clearly and precisely the reasons for that conclusion; b the applicant must comply with the requirements of regulation 22(2); and c the relevant authority must suspend consideration of the application until the requirements of regulation 22(2) are complied with. subsequent application not complying with eia requirements 24 1 this regulation applies where - a the relevant authority is dealing with a subsequent application; b the applicant has submitted a statement referred to by the applicant as an updated environmental statement for the purposes of these regulations; and c the relevant authority is of the opinion that the statement should contain further information. 2 where paragraph (1) applies, the relevant authority must - a issue a written statement giving clearly and precisely the reasons for that conclusion; and b suspend consideration of the application until the requirements of paragraph (3) and, where appropriate, paragraph (4) are met. 3 where paragraph (1) applies, the applicant must - a provide the relevant authority with the further information; b publish (in accordance with sub-paragraph (c)) a notice which sets out the following information - i the name and address of the applicant; ii that the applicant is making an application for approval of a matter in pursuance of a requirement imposed by an order granting development consent for eia development; iii the reference number of the order granting development consent; iv a summary of the main proposals, specifying the location or route of the proposed development; v that consideration of the application has been suspended until additional information required for the updated environmental statement has been provided and publicised; vi that the further information, the updated environmental statement and supporting documents are available for inspection free of charge - aa at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice; and bb on a website maintained by or on behalf of the relevant authority; vii the latest date on which those documents will be available for inspection (being a date not earlier than the deadline referred to in paragraph (x) below); viii whether a charge will be made for copies of any of those documents and the amount of any charge; ix details of how to respond to the publicity; and x a deadline for receipt of responses being not less than 30 days following the date when the notice is last published; c publish and post the notice referred to in paragraph (3)(b) in the same manner as prescribed in regulation 20(3)(c) and (d) and, where appropriate, in regulation 20(4); d serve on any person of whom the applicant has been notified under regulation 11(1)(c) a notice containing the information specified in sub-paragraph (b); e arrange for the notice to be published on a website maintained by or on behalf of the relevant authority; f send to the consultation bodies the further information and a notice setting out the information specified in sub-paragraph (b)(i) to (v); g inform those bodies - i how and to whom they may make representations; and ii of the deadline for making representations which must be not less than 30 days later than the last date on which the further information was sent in accordance with sub-paragraph (f); and h certify to the relevant authority in the form set out in certificate 5 in schedule 5 that the applicant has complied with the requirements of sub-paragraphs (b) to (g). decision-making on subsequent applications 25 1 when deciding whether to grant subsequent consent for eia development the relevant authority 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, any supplementary examination considered necessary; c integrate that conclusion into the decision as to whether subsequent consent is to be granted; and d if subsequent consent is to be granted, consider whether it is appropriate to impose monitoring measures. 2 the reasoned conclusion referred to in paragraph (1)(b) must be up to date at the time that the decision as to whether subsequent consent is to be granted is taken, and that conclusion shall be taken to be up to date if in the opinion of the relevant authority it addresses the significant effects of the proposed development on the environment that are likely to arise as a result of the development described in the application. 3 when considering whether to impose a monitoring measure under paragraph (1)(d), the relevant authority 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. co-ordination 26 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 secretary of state or the relevant authority, as the case may be, must where appropriate ensure that the habitats regulation assessment and 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 . availability of copies of environmental statements 27 1 an applicant who submits in connection with an application a statement which the applicant refers to as an environmental statement or an updated environmental statement, must ensure that a reasonable number of copies of the statement are available at the address set out in the notices published or posted pursuant to these regulations as the address at which copies may be obtained. 2 the secretary of state, or relevant authority, responsible for determining an application for eia development under these regulations must ensure that the environmental statement submitted in respect of that application is available on the website referred to in the notices published or posted pursuant to these regulations and regulation 9 of the infrastructure planning (applications: prescribed forms and procedure) regulations 2009 . charges for copies of environmental statements 28 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 27. availability of directions etc and notification of decisions 29 1 where particulars of an application for an order granting development consent are placed on the register, the secretary of state must take steps to secure that there is also placed on the register a copy of any relevant - a screening opinion; b scoping opinion; c statement given under regulation 15(7), 19(5)(a) or 20(1)(a); d direction under regulation 33; e environmental statement, including any further information and any other information; and f statement of reasons accompanying any of the above. 2 where a relevant authority receives an application for subsequent consent, it must take steps to secure that details of the application are entered in the register and to secure that there is also placed on the register a copy of any relevant - a subsequent screening opinion; b screening direction; c scoping opinion that it has adopted; d statement given under regulation 19(5)(a) or 20(1)(a); e updated environmental statement, including any further information and any other information; and f statement of reasons accompanying any of the above. 3 where the secretary of state or an examining authority, as the case may be - a adopts a screening opinion or scoping opinion; b receives a request under regulation 8(1)(a); or c receives a copy of a direction under regulation 33, the secretary of state 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 register is kept. 4 where the relevant authority - a adopts a subsequent screening opinion or scoping opinion; or b receives a request under regulation 8(2)(a); it must take steps to secure that a copy of the opinion or request and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the register is kept. decision notices 30 1 where - a the secretary of state has determined an application for an order granting development consent for eia development; or b the relevant authority has determined a subsequent application, a notification of the decision must be given to the applicant ("the decision notice") which must include 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 approve the application - aa the reasoned conclusion of the secretary of state or the relevant authority, 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 the case of an application for an order granting development consent in regulation 21, and in the case of a subsequent application, in regulation 25; bb where relevant, any requirements 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 or reduce and, if possible, offset, likely significant adverse effects on the environment; and dd any monitoring measures considered appropriate by the secretary of state or relevant authority, as the case may be; or ii to refuse the application, the main reasons for the refusal. duties to inform consultees, public and the secretary of state of final decisions 31 1 paragraph (2) applies where - a the secretary of state determines an application for an order granting development consent for eia development; or b the relevant authority determines a subsequent application to which regulation 22 applies. 2 where this paragraph applies, the secretary of state or, as the case may be, the relevant authority must - a inform the consultation bodies of the decision in writing; b where the decision has been made by a relevant authority which is not the secretary of state, inform the secretary of state of the decision in writing; c inform the public of the decision by publication of a notice of the decision in the manner prescribed in paragraph (3) and - i where the decision has been made by the secretary of state, by publication of a notice of the decision on the website of the secretary of state; or ii where the decision has been made by a relevant authority which is not the secretary of state and where that authority maintains a website for the purpose of advertisement of applications, by publication of a notice of the decision on the website of that authority; and d make available for public inspection, at the place where the register is kept, a statement containing - i the main reasons and considerations on which the decision is based, including information about the arrangements taken to ensure the public had the opportunity to participate in the decision-making procedures; ii a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results, in particular the comments received from an eea state pursuant to consultation under regulation 32, have been incorporated or otherwise addressed; and iii details of the matters referred to in regulation 30(2). 3 notice of the decision must be published - a for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development is situated; b once in a national newspaper; c once in the london gazette and, if land in scotland is affected, the edinburgh gazette; and d in the case of offshore development, once in lloyd's list; and once in an appropriate fishing trade journal. development with significant transboundary effects 32 1 this regulation applies where - a an event mentioned in regulation 6(2) occurs and the secretary of state is of the view that the development is likely to have significant effects on the environment in another eea state; b it otherwise comes to the attention of the secretary of state that development proposed to be carried out in england, wales or scotland is the subject of an application for eia development made under these regulations and the secretary of state is of the view that such development is likely to have significant effects on the environment in another eea state; or c another eea state likely to be significantly affected by such development so requests. 2 where this regulation applies, the secretary of state must - a send to the eea state as soon as possible and no later than the date of publication in the london gazette referred to in sub-paragraph (b), the particulars required by paragraph (3) and, if the secretary of state thinks fit, the information referred to in paragraph (4); b publish the information mentioned in sub-paragraph (a) in a notice placed in - i the london gazette, in relation to all proposed development; and ii the edinburgh gazette, in relation to development proposed to be carried out in scotland, 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 mentioned in paragraph (2)(a) 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. 4 where an eea state indicates, in accordance with paragraph (2)(c), 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 environmental statement in respect of the development to which that application relates; and d 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 (2)(a). 5 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. 6 the secretary of state must in accordance with article 7(4) of the directive - a enter into consultation 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. 7 where an eea state has been consulted in accordance with paragraph (6), on the determination of the application concerned the secretary of state must inform the eea state of the decision and must forward to it a copy of the decision notice referred to in regulation 30. exemptions 33 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 authority or, if the examining authority has been dealing with the application, to the examining 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 carries out a form of consultation with that eea state broadly equivalent to the form described in regulation 32, or is satisfied that such an equivalent consultation has been carried out, before an order granting development consent or subsequent consent is made 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 direction 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 an order granting development consent or subsequent consent is made in respect of a development which is exempt under paragraph (1)(a), the secretary of state, the examining authority or the relevant authority, 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 an order granting development consent or subsequent consent is made in respect of a development which is exempt under paragraph (1)(a), 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. service of notices etc 34 any notice or other document to be sent, served or given under these regulations may be served or given in a manner specified in sections 229 to 231 (service of notices). objectivity and bias 35 1 where the secretary of state, examining authority or a relevant authority 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 a relevant authority, or the secretary of state, is bringing forward a proposal for development and that relevant 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. amendment of the infrastructure planning (applications: prescribed forms and procedure) regulations 2009 36 1 the infrastructure planning (applications: prescribed forms and procedure) regulations 2009 are amended in accordance with paragraphs (2) to (4). 2 in regulation 2(1) in the definition of "eia development" and "environmental statement" for "2009" substitute "2017". 3 in regulation 5(2)(a) for "regulation 2009" substitute "regulations 2017". 4 in regulation 9 (publicising an accepted application) - a in paragraph (1), after "where applicable" insert ", (2a), and"; b after paragraph (2), insert - 2a in the case of eia development, the notice must be made available on a website maintained by or on behalf of the secretary of state. ; and c in paragraph (4) - i for sub-paragraph (f) substitute - f a statement that a copy of the application form and its accompanying documents, plans and maps are available for inspection - i free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice; and ii in the case of eia development on a website maintained by or on behalf of the secretary of state; ; and ii for sub-paragraph (j) substitute - j a deadline for the receipt by the secretary of state of those representations being not less than - i in the case of development which is not eia development, 28 days; and ii in the case of eia development, 30 days, following the date that the notice is last published. revocation and transitional provision 37 1 subject to paragraphs (2) and (3), the following instruments are revoked to the extent specified - a the 2009 regulations ; b the infrastructure planning (environmental impact assessment) (amendment) regulations 2011 ; c the infrastructure planning (environmental impact assessment) (amendment) regulations 2012 ; and d regulation 2 of the localism act (infrastructure planning) (consequential amendments) regulations 2012 . 2 notwithstanding the revocations in paragraph (1), the 2009 regulations continue to apply to any application for an order granting development consent or subsequent consent where before the commencement of these regulations - a the applicant has - i submitted an environmental statement or updated environmental statement (as defined in the 2009 regulations), as the case may be, in connection with that application; ii requested the secretary of state or the relevant authority to adopt a scoping opinion (as defined in the 2009 regulations) in respect of the development to which the application relates; or iii made a request for - aa a screening opinion under regulation 6(1)(a) of the 2009 regulations (including a deemed request under regulation 12(1)); or bb a subsequent screening opinion under regulation 6(2)(a) of the 2009 regulations; or b the secretary of state has initiated the making of a screening direction under regulation 5(2)(b)(i) of the 2009 regulations. 3 in this regulation "the 2009 regulations" means the infrastructure planning (environmental impact assessment) regulations 2009 . 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, commencement and interpretation 1 1 these regulations may be cited as the administrative forfeiture of terrorist cash and terrorist money held in bank and building society accounts (cash and account forfeiture notices) regulations 2017, and come into force on 31st january 2018. 2 in these regulations - "the act" means the anti-terrorism, crime and security act 2001; "child" means a person under 18 years; "electronic communication" has the meaning given by section 15(1) of the electronic communications act 2000 ; "protected person" means - in england and wales, a person who lacks capacity within the meaning of the mental capacity act 2005 in relation to a cash forfeiture notice or an account forfeiture notice; in northern ireland, means a person who is 16 years or over who lacks capacity to understand the nature of a cash forfeiture notice or an account forfeiture notice because of an impairment of, or a disturbance in the functioning of, the mind or brain; in scotland, an adult who is incapable, within the meaning of the adults with incapacity (scotland) act 2000 , of understanding the nature of a cash forfeiture notice or an account forfeiture notice. "senior officer" has the meaning given by - in relation to a cash forfeiture notice, paragraph 5a(10) of schedule 1 to the act; in relation to an account forfeiture notice, paragraph 10q(7) of that schedule. giving of a cash forfeiture notice 2 1 subject to paragraph (2), a cash forfeiture notice must be given by a senior officer to - a any person to whom notice of the most recent order made under paragraph 3(2) of schedule 1 to the act has been given, and b any person who has been identified as being affected by such an order but who has not been given notice of the order. 2 where - a there are no such persons as are mentioned in paragraph (1), or b it is not possible to give a notice in accordance with regulation 4(1) to any such person, the cash forfeiture notice must be given by way of publication in accordance with regulation 4(2). 3 where a cash forfeiture notice is to be given to a person outside the united kingdom - a nothing in these regulations authorises or requires any person to do anything which is contrary to the law of the country where the cash forfeiture notice is to be given, and b the duty for the cash forfeiture notice to be given by way of publication under paragraph (2)(b) does not apply. 4 regulation 7 makes further provision for cases where an individual to whom a cash forfeiture notice is to be given is a child or protected person. giving of an account forfeiture notice 3 1 subject to paragraph (2), an account forfeiture notice must be given by a senior officer to - a any person to whom notice of an order made under paragraph 10s(2) of schedule 1 to the act has been given, and b any person who has been identified as being affected by such an order but who has not been given notice of the order. 2 where - a there is no person who falls within paragraph (1), or b it is not possible to give a notice in accordance with regulation 4(1) to any such person, the account forfeiture notice must be given by way of publication in accordance with regulation 4(2). 3 where an account forfeiture notice is to be given to a person outside the united kingdom - a nothing in these regulations authorises or requires any person to do anything which is contrary to the law of the country where the account forfeiture notice is to be given, and b the duty for the account forfeiture notice to be given by way of publication under paragraph (2)(b) does not apply. 4 regulation 7 makes further provision for cases where an individual to whom an account forfeiture notice is to be given is a child or protected person. manner in which a cash forfeiture notice or an account forfeiture notice must be given 4 1 a cash forfeiture notice or an account forfeiture notice which is given to a person must be given - a by post in accordance with regulation 5, or b by means of electronic communication in accordance with regulation 6. 2 a cash forfeiture notice or an account forfeiture notice which is required to be given by way of publication must be published - a in the london gazette, if the senior officer believes any affected person may be in england or wales; b in the belfast gazette, if the senior officer believes any affected person may be in northern ireland; c in the edinburgh gazette, if senior officer believes any affected person may be in scotland. giving a cash forfeiture notice or an account forfeiture notice by post 5 1 in order to give a cash forfeiture notice or an account forfeiture notice to a person by post, it must be sent by posting it to an address which has been given by that person for the purpose of receipt of such a notice under these regulations. 2 if no such address has been given, the cash forfeiture notice or account forfeiture notice must be sent to an address which is shown in the following table (or where it is possible to post the notice to more than one of the addresses in the table, to any such address). person to whom a cash forfeiture notice or an account forfeiture notice is to be given address (1) 2000 c. 12 . "limited liability partnership" is defined in section 1(2) of that act. individual last known residential address individual in their business capacity last known residential address or principal or last known place of business individual in their capacity as a partner in a partnership last known residential address or principal or last known place of business of the partnership limited liability partnership (within the meaning of the limited liability partnerships act 2000) principal office of the partnership or any place of business of the partnership corporation (other than a company) principal office of the corporation or any place where the corporation carries on its activities company principal office of the company or any place of business of the company 3 the cash forfeiture notice or account forfeiture notice is to be treated as having been given at the time at which the notice would be delivered in the ordinary course of post. giving a cash forfeiture notice or an account forfeiture notice by means of electronic communication 6 1 a cash forfeiture notice or an account forfeiture notice may be given by means of fax, email or other means of electronic communication where the intended recipient has previously indicated in writing - a that they are willing to accept the giving of such a notice by that means of electronic communication, and b the fax number, email address or other electronic identification to which such a notice must be sent. 2 where a senior officer intends to give a cash forfeiture notice or an account forfeiture notice by means of electronic communication (other than by fax), the senior officer must first ask the intended recipient whether there are any limitations to the intended recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). 3 giving a cash forfeiture notice or an account forfeiture notice by means of electronic communication is effected by sending or transmitting the notice in accordance with the written indication given by the intended recipient under paragraph (1), having complied with any reasonable limitations specified by the intended recipient in response to a request under paragraph (2). 4 the cash forfeiture notice or account forfeiture notice is to be treated as having been given on the day on which it is sent or transmitted if the electronic communication containing it is sent or transmitted at or before 4.30pm. 5 if the electronic communication is sent or transmitted after 4.30pm, the notice is to be treated as having been given the following day. giving a cash forfeiture notice or an account forfeiture notice to a child or a protected person 7 1 where the intended recipient of a cash forfeiture notice or an account forfeiture notice is known to be a child who is not also a protected person, the cash forfeiture notice or account forfeiture notice must be given to the child and to - a one of the child's parents or guardians, or b if there is no parent or guardian, an adult with whom the child resides or in whose care the child is. 2 where the intended recipient of a cash forfeiture notice or an account forfeiture notice is known to be a protected person, the cash forfeiture notice or account forfeiture notice must be given to the protected person and - a where the protected person is resident in england and wales, to one of the following persons - i the attorney under a registered enduring power of attorney that relates to the protected person; ii the donee of a lasting power of attorney that relates to the protected person; iii the deputy appointed in relation to the protected person by the court of protection; b where the protected person is resident in northern ireland, to one of the following persons - i the attorney under a registered enduring power of attorney that relates to the protected person; ii the controller appointed in relation to the protected person by the office of care and protection; c where the protected person is resident in scotland, to one of the following persons - i the continuing attorney under a continuing power of attorney that relates to the protected person; ii the welfare attorney under a welfare power of attorney that relates to the protected person; iii the person authorised under an intervention order in respect of the protected person; iv the person authorised under a guardianship order in respect of the protected person; v the person authorised under a withdrawal certificate in respect of the funds of the protected person. 3 if there is no person falling within a description in paragraph (2)(a), (b) or (c), as applicable, the cash forfeiture notice or account forfeiture notice must be given to an adult with whom the protected person resides or in whose care the protected person is (as well as to the protected person). 4 any reference in these regulations to a person to whom a cash forfeiture notice or an account forfeiture notice is to be given includes the person to be given the cash forfeiture notice or account forfeiture notice in addition to a child or protected person under paragraphs (1) to (3). ben wallace minister of state home office 6th december 2017

citation, commencement and application 1 1 these regulations may be cited as the mesothelioma lump sum payments (conditions and amounts) (amendment) regulations 2017 and come into force on 1st april 2017. 2 regulation 2(a) applies only in relation to a person - a first diagnosed with diffuse mesothelioma on or after 1st april 2017; or b where the date of the first diagnosis with diffuse mesothelioma is unknown, if a claim under section 46(1) of the child maintenance and other payments act 2008 is made by that person on or after 1st april 2017. 3 regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st april 2017 and who, immediately before their death, had diffuse mesothelioma. amendment of the schedule to the mesothelioma lump sum payments (conditions and amounts) regulations 2008 2 in the schedule to the mesothelioma lump sum payments (conditions and amounts) regulations 2008 - a for table 1 substitute - table 1 amount of lump sum payment to person with mesothelioma age of person with mesothelioma at first diagnosis or, if unknown, date of claim payment 37 and under 87,473 38 85,772 39 84,075 40 82,378 41 80,677 42 78,979 43 78,132 44 77,278 45 76,432 46 75,582 47 74,732 48 72,358 49 69,981 50 67,599 51 65,224 52 62,840 53 61,144 54 59,447 55 57,751 56 56,046 57 54,349 58 49,934 59 45,516 60 41,106 61 36,687 62 32,272 63 29,552 64 26,833 65 24,120 66 21,401 67 18,684 68 18,131 69 17,576 70 17,029 71 16,477 72 15,926 73 15,456 74 14,978 75 14,519 76 14,058 77 and over 13,590 ; b for table 2 substitute - table 2 amount of lump sum payment to dependant age of person with mesothelioma at death payment 37 and under 45,522 38 44,543 39 43,566 40 42,590 41 41,614 42 40,637 43 39,703 44 38,760 45 37,832 46 36,898 47 35,966 48 34,819 49 33,670 50 32,526 51 31,383 52 30,238 53 29,298 54 28,367 55 27,433 56 26,492 57 25,561 58 22,976 59 20,382 60 17,794 61 15,202 62 12,609 63 11,869 64 11,134 65 10,381 66 9,640 67 and over 7,537 . signed by authority of the secretary of state for work and pensions penny mordaunt minister of state department for work and pensions 16th march 2017

citation and commencement 1 this order may be cited as the combined authorities (mayoral elections) order 2017 and comes into force the day after the day on which it is made. interpretation 2 in this order - "the 1983 act " means the representation of the people act 1983 ; "the 2009 act " means the local democracy, economic development and construction act 2009; "the elections regulations " means the representation of the people (england and wales) regulations 2001 ; "the combined authority mayoral elections rules " means the rules set out in schedule 1 or schedule 3 to this order as the case may be; "the referendums regulations " means the local authorities (conduct of referendums) (england) regulations 2012 or the local authorities (conduct of referendums) (council tax increases) (england) regulations 2012 ; "candidate" means a candidate to be a combined authority mayor; "combined authority mayor", in relation to the area of a combined authority, means the mayor for the area of the authority by virtue of an order under section 107a(1) of the 2009 act; "combined authority mayoral election" and "election" means an election for the return of a combined authority mayor; "combined authority returning officer" means - the person appointed under article 6; or any person appointed under subsection section 35(4) of the 1983 act by a person of a description mentioned in paragraph (a); "constituent council" in relation to the area of a combined authority, means - a county council the whole or any part of whose area is within the area of the combined authority; or a district council whose area is within the area of the combined authority ; "electoral area" means the area for the combined authority for which the election is held; "european parliamentary election" has the same meaning as in section 27(1) of the representation of the people act 1985 ; "local government election" has the same meaning as in section 203(1) of the 1983 act; "local government mayoral election" means an election for the return of an elected mayor in accordance with part 1a of the local government act 2000 ; "police and crime commissioner election" means an election of a police and crime commissioner in accordance with chapter 6 of part 1 of the police reform and social responsibility act 2011 ; "proper officer" has the meaning given by section 270(3) of the local government act 1972 ; "referendum" means a referendum conducted under the referendums regulations; "register of local government electors" means the register maintained under section 9 of the representation of the people act 1983 ; "relevant election or referendum" means one or more of the following - a parliamentary election, a european parliamentary election, a local government election, a local government mayoral election, another combined authority mayoral election, a referendum, a police and crime commissioner election, the poll at which is taken together with the poll at the combined authority mayoral election; "returning officer", in relation to a combined authority mayoral election, means - the person appointed in accordance with article 5, or any person appointed under section 35(4) of the 1983 act by a person of a description mentioned in paragraph (a). conduct of combined authority mayoral elections 3 1 subject to article 4(1), a combined authority mayoral election shall be conducted in accordance with the rules set out in schedule 1. 2 the relevant provisions in the enactments referred to in paragraph (3) shall have effect in relation to the conduct of a combined authority mayoral election as they have effect in relation to the conduct of an election of councillors for any county electoral division or district ward subject to the modifications set out in paragraph (4). 3 the enactments referred to in paragraph (2) are - a the 1983 act, b the representation of the people act 1985, c the representation of the people act 2000 , d the political parties, elections and referendums act 2000 , e the elections regulations, and f the electoral administration act 2006 . 4 the modifications referred to in paragraph (2) are - a references in the relevant provisions to "local government elections" shall be taken to include combined authority mayoral elections, b references in the relevant provisions to a "candidate" shall be taken to include a candidate at a combined authority mayoral election, c references in the relevant provisions to a "returning officer" shall be taken to include a combined authority returning officer, d the other modifications set out in schedule 2. 5 in this article "relevant provisions" means the provisions which have effect in relation to the conduct of the election of councillors for any county electoral division or district ward. combination of polls 4 1 where the poll at a combined authority mayoral election is taken together with the poll at a relevant election or referendum a combined authority mayoral election shall be conducted in accordance with the rules set out in schedule 3. 2 the instruments specified in schedule 4 are amended to make further provision for the combination of polls. returning officer 5 1 functions conferred by this order on the returning officer, in relation to the area of a constituent council, shall be discharged by the person who is for the time being the returning officer for the area of that council by virtue of section 35 (returning officers: local elections) of the 1983 act, as modified by schedule 2 or (in the case of a combined poll) schedule 4 to this order. 2 it is the returning officer's general duty at the election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this order. 3 the returning officer must also appoint and pay any such persons as may be necessary for the purpose of the counting of the votes. combined authority returning officer 6 1 the combined authority must appoint one of its officers, or one of the officers of a constituent council, to be the combined authority returning officer in relation to the election. 2 the combined authority returning officer may give, to a returning officer, directions relating to the discharge of his or her functions at the election, including directions requiring the provision to the combined authority returning officer of any information which the returning officer has or is entitled to have, directions requiring him or her to take specified steps in preparation for the election, directions that the ballot papers shall be printed by the combined authority returning officer and directions that the count of votes shall be conducted at a central location. 3 it shall be the duty of a returning officer to whom directions are given under paragraph (2) to discharge his or her functions at the election in accordance with the directions. questioning of combined authority mayoral election 7 for the purposes of paragraph 12(6) of schedule 5b to the 2009 act, part 3 (legal proceedings) of the 1983 act shall have effect in relation to the questioning of an election for the return of a combined authority mayor as it has effect in relation to the questioning of an election under the local government act 1972 . free delivery of election addresses 8 1 each candidate at a combined authority mayoral election shall be entitled (subject to and in accordance with the provisions of schedule 5) to have an election address prepared on behalf of the candidate included in a booklet of election addresses - a prepared by the combined authority returning officer, and b delivered by that officer to each person entitled to vote at that election. 2 candidates' election addresses shall be delivered at the expense of the combined authority. 3 schedule 5 (which makes provisions supplementing paragraph (1) above) shall have effect. signed by authority of the secretary of state for communities and local government andrew percy parliamentary under secretary of state department for communities and local government 30th january 2017

citation and commencement 1 these regulations may be cited as the merchant shipping (ship-to-ship transfers) (amendment) regulations 2017 and come into force on 11th september 2017. amendment of the merchant shipping (ship-to-ship transfers) regulations 2010 2 1 the merchant shipping (ship-to-ship transfers) regulations 2010 are amended as follows. 2 in regulation 6, for paragraph (1) substitute - 1 subject to paragraph (3), the secretary of state may exempt - a a cargo transfer from the provisions of regulation 3(1); and b a bunkering operation from the provisions of regulation 3(2a). signed by authority of the secretary of state for transport john hayes minister of state department for transport 16th august 2017

part 1 general citation, commencement and application 1 1 these regulations may be cited as the republic of mali (european union financial sanctions) regulations 2017 and come into force on 31st october 2017. 2 an offence under these regulations may be committed by conduct wholly or partly outside the united kingdom by-- a a uk national, or b a body incorporated or constituted under the law of any part of the united kingdom. 3 in paragraph (2)-- "conduct" includes acts and omissions; "uk national" means-- a british citizen, a british overseas territories citizen who acquired their citizenship from a connection with gibraltar, or a british subject under part 4 of the british nationality act 1981 (british subjects) with the right of abode in the united kingdom. interpretation 2 1 in these regulations-- "the 2000 act " means the financial services and markets act 2000 ; "the council regulation " means council regulation (eu) 2017/1770 of 28th september 2017 concerning restrictive measures in view of the situation in mali, and a reference to annex i to that regulation is to be construed as a reference to that annex as amended from time to time; "designated person" means a person, entity or body listed in annex i to the council regulation; "document" includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form; "relevant institution" means-- a person who has permission under part 4a of the 2000 act (permission to carry on regulated activities); an eea firm of the kind mentioned in paragraph 5(b) of schedule 3 to the 2000 act (eea passport rights) which has permission under paragraph 15 of that schedule (as a result of qualifying for authorisation under paragraph 12 of that schedule ) to accept deposits; or an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers. 2 the definition of "relevant institution" in paragraph (1) must be read with-- a section 22 of the 2000 act (regulated activities), b any relevant order under that section, and c schedule 2 to the 2000 act (regulated activities). 3 any expression used both in these regulations and in the council regulation has the meaning that it bears in the council regulation. part 2 funds and economic resources freezing of funds and economic resources 3 1 a person ("p") must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if p knows, or has reasonable cause to suspect, that p is dealing with such funds or economic resources. 2 in paragraph (1), "deal with" means-- a in relation to funds-- i use, alter, move, allow access to or transfer; ii deal with the funds in any other way that would result in any change in their volume, amount, location, ownership, possession, character or destination; or iii make any other change that would enable use, including portfolio management; and b in relation to economic resources, exchange, or use in exchange, for funds, goods or services. 3 paragraph (1) is subject to regulation 9 (licences). making funds available to a designated person 4 1 a person ("p") must not make funds available, directly or indirectly, to a designated person if p knows, or has reasonable cause to suspect, that p is making the funds so available. 2 paragraph (1) is subject to regulations 8 (credits to a frozen account) and 9. making funds available for the benefit of a designated person 5 1 a person ("p") must not make funds available to any person for the benefit of a designated person if p knows, or has reasonable cause to suspect, that p is making the funds so available. 2 for the purposes of this regulation-- a funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and b "financial benefit" includes the discharge, in whole or in part, of a financial obligation for which the designated person is wholly or partly responsible. 3 paragraph (1) is subject to regulations 8 and 9. making economic resources available to a designated person 6 1 a person ("p") must not make economic resources available, directly or indirectly, to a designated person if p knows, or has reasonable cause to suspect-- a that p is making the economic resources so available, and b that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services. 2 paragraph (1) is subject to regulation 9. making economic resources available for the benefit of a designated person 7 1 a person ("p") must not make economic resources available to any person for the benefit of a designated person if p knows, or has reasonable cause to suspect, that p is making the economic resources so available. 2 for the purposes of this regulation-- a economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and b "financial benefit" includes the discharge, in whole or in part, of a financial obligation for which the designated person is wholly or partly responsible. 3 paragraph (1) is subject to regulation 9. credits to a frozen account 8 1 the prohibitions in regulations 4 and 5 are not contravened by a person who credits a frozen account with-- a interest or other earnings due on the account; or b payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account. 2 the prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account. 3 a relevant institution must inform the treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2). 4 in this regulation, "frozen account" means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person. licences 9 1 the prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the treasury. 2 a licence must specify the acts authorised by it and may be-- a general or granted to a category of persons or to a particular person; b subject to conditions; c of indefinite duration or subject to an expiry date. 3 the treasury may vary or revoke a licence at any time. 4 on the grant, variation or revocation of a licence, the treasury must-- a in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person, b in the case of a general licence or a licence granted to a category of persons, take such steps as the treasury consider appropriate to publicise the grant, variation or revocation of the licence. 5 a person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly-- a provides information that is false in a material respect, or b provides or produces a document that is not what it purports to be. 6 a person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence. part 3 offences contravention and circumvention of prohibitions 10 1 a person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence. 2 a person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly)-- a to circumvent any of the prohibitions in regulations 3 to 7, or b to enable or facilitate the contravention of any such prohibition. officers of a body corporate etc 11 1 where an offence under these regulations committed by a body corporate-- a is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or b is attributable to any neglect on the part of any such person, that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly. 2 in paragraph (1) "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. 3 paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference-- a in the case of a partnership, to a partner; b in the case of an unincorporated body other than a partnership-- i where the body's affairs are managed by its members, to a member of the body; ii in any other case, to a member of the governing body. penalties 12 1 a person guilty of an offence under regulation 9 or 10 is liable-- a on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; b on summary conviction-- i to imprisonment for a term not exceeding the relevant maximum; or ii to a fine, which in scotland or northern ireland may not exceed the statutory maximum, or to both. 2 a person guilty of an offence under paragraph 1(5) or paragraph 4(1) of the schedule is liable on summary conviction - a to imprisonment for a term not exceeding the relevant maximum; or b to a fine, which in scotland or northern ireland may not exceed the statutory maximum, or to both. 3 for the purposes of this regulation, "the relevant maximum" is-- a in england and wales, twelve months (or, in relation to offences committed before section 154(1) of the criminal justice act 2003 (general limit on magistrates' court's power to impose imprisonment) comes into force, six months); b in scotland, twelve months; c in northern ireland, six months. proceedings 13 1 proceedings against any person for an offence under these regulations may be taken before the appropriate court in the united kingdom having jurisdiction in the place where that person is for the time being. 2 proceedings against any person for an offence under these regulations which cannot be taken under paragraph (1) above may be taken before any appropriate court in the united kingdom. 3 an offence falling under these regulations which is committed wholly or partly outside the united kingdom may for all incidental purposes be treated as having been committed within the jurisdiction of the court where proceedings are taken. 4 in england and wales an information relating to an offence that is triable by a magistrates' court may be so tried if it is laid-- a at any time within three years after the commission of the offence, and b within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor. 5 in scotland-- a summary proceedings for an offence may be commenced-- i within twelve months after the date on which evidence sufficient in the opinion of the lord advocate to justify the proceedings comes to the knowledge of the lord advocate, and ii not later than three years after the commission of the offence; and b section 136(3) of the criminal procedure (scotland) act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section. 6 in northern ireland summary proceedings for an offence may be instituted-- a at any time within three years after the commission of the offence, and b within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor. 7 for the purposes of this regulation a certificate of the prosecutor (or in scotland, the lord advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence. consent to prosecution 14 1 proceedings for an offence under these regulations (other than for a summary offence) may not be instituted-- a in england and wales, except by or with the consent of the attorney general, b in northern ireland-- i where the offence is committed wholly or partly outside northern ireland, except by or with the consent of the advocate general for northern ireland; ii for all other offences, except by or with the consent of the director of public prosecutions for northern ireland. 2 nothing in paragraph (1) prevents-- a the arrest of a person in respect of an offence under these regulations, or b the remand in custody or on bail of any person charged with such an offence. part 4 miscellaneous information provisions 15 the schedule (information provisions) has effect. notices 16 1 this regulation has effect in relation to any notice to be given to a person by the treasury under regulation 9 (licences). 2 any such notice may be given-- a by posting it to the person's last known address, or b where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned. 3 where the treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity. the crown 17 1 these regulations bind the crown. 2 no contravention by the crown of a provision of these regulations makes the crown criminally liable. 3 the high court or, in scotland, the court of session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the crown that constitutes a contravention of a provision of these regulations. 4 nothing in this regulation affects her majesty in her private capacity. 5 paragraph (4) is to be read as if section 38(3) of the crown proceedings act 1947 (meaning of her majesty in her private capacity) were contained in these regulations. heather wheeler david evennett two of the lords commissioners of her majesty's treasury 9th october 2017

citation and commencement 1 1 this order may be cited as the st edmundsbury (electoral changes) (amendment) order 2017. 2 this article comes into force on the day after the day on which this order is made. amendment of the st edmundsbury (electoral changes) order 2017 2 1 the st edmundsbury (electoral changes) order 2017 is amended as follows. 2 in article 3(2) (related alterations of electoral division boundaries), replace "cambridgeshire (electoral changes) order 2016" with "county of suffolk (electoral changes) order 2004". 3 in footnote (b) on page 2, replace " s.i. 2016/1222 " with " s.i. 2004/3252 ". sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 16th february 2017