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citation and commencement 1 these regulations may be cited as the immigration skills charge regulations 2017 and come into force on 6th april 2017. interpretation 2 in these regulations - "certificate of sponsorship" means an authorisation, allocated by the secretary of state to a sponsor, in respect of an application, or potential application, for entry clearance or leave to remain; "the charge" means the charge which a sponsor must pay under regulation 3, and any reference to the amount of that charge is a reference to that charge in pounds sterling; "immigration rules" means rules made under section 3(2) of the immigration act 1971 ; "leave to enter" and "leave to remain" mean leave to enter the united kingdom and leave to remain in the united kingdom respectively, given in accordance with the provisions of the immigration act 1971 or the immigration rules; "skilled worker" means an individual who seeks entry clearance or leave to remain in order to undertake employment in a role which - is skilled to level 4 or above of the regulated qualifications framework, as applied by the immigration rules ; is remunerated appropriately, in accordance with the immigration rules ; and either - has been the subject of a resident labour market test, as defined in the immigration rules, undertaken by the sponsor, unless an exemption from the obligation to undertake that test applies; or is further to an intra-company transfer; "small or charitable sponsor" means a sponsor that is - a company subject to the small companies regime under section 381 of the companies act 2006 ; a charity within the meaning of section 1 of the charities act 2011 , or section 1 of the charities act (northern ireland) 2008 , or a body entered in the scottish charity register ; or a person who employs no more than 50 employees; "sponsor" means a person licensed by the secretary of state to assign certificates of sponsorship to an individual who is a skilled worker. obligation to pay a charge 3 a sponsor must pay a charge to the secretary of state, in the amount specified in the schedule, each time it assigns a certificate of sponsorship to a skilled worker. exemptions from the charge 4 the obligation to pay the charge does not apply where a sponsor assigns a certificate of sponsorship to a skilled worker - a in respect of an occupation coming within any of the following codes in version 5.1 of the standard occupational classification 2010 index - i 2111 (chemical scientists); ii 2112 (biological scientists and biochemists); iii 2113 (physical scientists); iv 2114 (social and humanities scientists); v 2119 (natural and social science professionals not elsewhere classified); vi 2150 (research and development managers); vii 2311 (higher education teaching professionals); b who is intended to be the subject of an intra-company transfer as a graduate trainee, that being a temporary posting for a period of no more than 12 months, to the united kingdom branch of a multi-national organisation as part of a structured graduate training programme, which clearly defines progression towards a managerial or specialist role; c in respect of whom the sponsor has already assigned a certificate of sponsorship ("the first certificate"), but only to the extent that any subsequent certificate of sponsorship is assigned in respect of a period of prospective leave which does not exceed the period in respect of which the first certificate was assigned; d who has leave to enter or leave to remain for the purpose of study; e in circumstances where - i that sponsor has already assigned a certificate of sponsorship to that individual ("the first certificate"); but ii by virtue of paragraph (d), the sponsor was not obliged to pay the charge when the first certificate was assigned; and iii the assignment of any subsequent certificate of sponsorship relates to the same role as the first certificate; f who seeks entry clearance for a period of less than six months. consequences of non-payment 5 1 any purported assignment of a certificate of sponsorship is invalid whilst the obligation to pay the charge is outstanding, and the secretary of state must treat the purported assignment as invalid for as long as that obligation remains outstanding. 2 but paragraph (1) does not prevent the valid assignment of a certificate of sponsorship when the secretary of state waives part or all of the charge in accordance with regulation 6. refund or waiver of part or all of the charge 6 the secretary of state may refund or waive part or all of the charge. transitional provision 7 a sponsor is not subject to the obligation to pay the charge where - a the sponsor assigns a certificate of sponsorship to a skilled worker who was assigned a previous certificate of sponsorship as a skilled worker before these regulations came into force; b the skilled worker made an application which relied upon the previous certificate of sponsorship referred to in paragraph (a) which resulted in the grant of entry clearance or leave to remain; c the skilled worker undertook the role in respect of which the entry clearance or leave to remain was granted; and d the skilled worker has not ceased, since being granted the entry clearance or leave to remain referred to in paragraph (b), to have leave to enter or leave to remain by virtue of an application made as a skilled worker. robert halfon minister of state department for education 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 these regulations may be cited as the ionising radiation (medical exposure) regulations 2017 and come into force on 6th february 2018. interpretation 2 1 in these regulations - "accidental exposure" means an exposure of an individual as a result of an accident; "adequate training" means training which satisfies the requirements of schedule 3 and the expression "adequately trained" is to be construed accordingly; "assessment" means prior determination of amount, parameter or method; "carers and comforters" means individuals knowingly and willingly incurring an exposure to ionising radiation by helping, other than as part of their occupation, in the support and comfort of individuals undergoing or having undergone an exposure; "clinical audit" means a systematic examination or review of medical radiological procedures which seeks to improve the quality and outcome of patient care through structured review, whereby medical radiological practices, procedures and results are examined against agreed standards for good medical radiological procedures, with modification of practices, where indicated, and the application of new standards if necessary; "diagnostic reference levels" means dose levels in medical radiodiagnostic or interventional radiology practices, or, in the case of radio-pharmaceuticals, levels of activity, for typical examinations for groups of standard-sized individuals or standard phantoms for broadly defined types of equipment; "dose constraint" means a restriction set on the prospective doses of individuals which may result from a given radiation source; "employer" means any person who, in the course of a trade, business or other undertaking, carries out (other than as an employee), or engages others to carry out, those exposures described in regulation 3 or practical aspects, at a given radiological installation; "employer's procedures" means the procedures established by an employer pursuant to regulation 6(1); "equipment" means equipment which - delivers ionising radiation to a person undergoing exposure; or which directly controls or influences the extent of such exposure; "evaluation" means interpretation of the outcome and implications of, and of the information resulting from, an exposure; "health screening" means a procedure for early diagnosis in population groups at risk; "interventional radiology" means the use of x-ray imaging techniques to facilitate the introduction and guidance of devices in the body for diagnostic or treatment purposes; "ionising radiation" means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 10 15 hertz or more capable of producing ions directly or indirectly; "licensing authority" - for the purpose of licensing any practitioner in respect of the administration of radioactive substances means the secretary of state; for the purpose of licensing any employer in respect of the administration of radioactive substances means - in england, the secretary of state; in scotland, the scottish ministers; and in wales, the welsh ministers; "medical exposure" means an exposure coming within any of paragraphs (a) to (e) of regulation 3; "medical physics expert" means an individual or a group of individuals, having the knowledge, training and experience to act or give advice on matters relating to radiation physics applied to exposure, whose competence in this respect is recognised by the secretary of state; "medical radiological" means pertaining to radiodiagnostic and radiotherapeutic procedures, and interventional radiology or other medical uses of ionising radiation for planning, guiding and verification purposes; "medical radiological procedure" means any procedure giving rise to a medical exposure; "non-medical imaging exposure" means any deliberate exposure of humans for imaging purposes where the primary intention of the exposure is not to bring a health benefit to the individual being exposed; "operator" means any person who is entitled, in accordance with the employer's procedures, to carry out practical aspects including those to whom practical aspects have been allocated, medical physics experts and, except where they do so under the direct supervision of a person who is adequately trained, persons participating in practical aspects as part of practical training; "patient dose" means the dose concerning patients or other individuals undergoing exposures to which these regulations apply; "practical aspect" means the physical conduct of a medical exposure and any supporting aspects, including handling and use of medical radiological equipment, the assessment of technical and physical parameters (including radiation doses), calibration and maintenance of equipment, preparation and administration of radio-pharmaceuticals, clinical evaluation and image processing; "practitioner" means a registered health care professional who is entitled in accordance with the employer's procedures to take responsibility for an individual exposure; "quality assurance" means all those planned and systematic actions necessary to provide adequate assurance that a structure, system, component or procedure will perform satisfactorily in compliance with generally applicable standards and quality control is a part of quality assurance; "quality control" means the set of operations (programming, coordinating, implementing) intended to maintain or to improve quality and includes monitoring, evaluation and maintenance at required levels of all characteristics of performance of equipment that can be defined, measured, and controlled; "radioactive substance" means any substance that contains one or more radionuclides the activity or activity concentration of which cannot be disregarded from a radiation protection point of view; "radiodiagnostic" means pertaining to in-vivo diagnostic nuclear medicine, medical diagnostic radiology using ionising radiation, and dental radiology; "radiological installation" means a facility where exposures to which these regulations apply are performed; "radiotherapeutic" means pertaining to radiotherapy, including nuclear medicine for therapeutic purposes; "referrer" means a registered health care professional who is entitled in accordance with the employer's procedures to refer individuals for exposure to a practitioner; "registered health care professional" means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the national health service reform and health care professions act 2002 ; "relevant enforcing authority" means - in england, the care quality commission ; in scotland, the scottish ministers; and in wales, the welsh ministers; "unintended exposure" means any exposure to ionising radiation which is significantly different from the exposure intended for a given purpose. 2 in these regulations, where an individual is - a an employer; b a referrer; c an operator; or d a practitioner, and is also an individual coming within at least one other of sub-paragraphs (a) to (d), that individual is subject to each of the duties applying to every person described in a sub-paragraph which also describes that individual. application 3 these regulations apply to the exposure of ionising radiation in england and wales and scotland - a to patients as part of their own medical diagnosis or treatment; b to individuals as part of health screening programmes; c to patients or other persons voluntarily participating in medical or biomedical, diagnostic or therapeutic, research programmes; d to carers and comforters; e to asymptomatic individuals; f to individuals undergoing non-medical imaging using medical radiological equipment. the licensing authority 4 1 the licensing authority may upon payment of a fee (where required) issue a licence to a person required by these regulations to hold a licence. 2 a licence described in paragraph (1) may be - a issued for such period as the licensing authority considers appropriate; b subject to such conditions as the licensing authority may consider appropriate; and c varied or revoked at any time. 3 schedule 1 makes further provision relating to the application for, and the issue of, a licence described in paragraph (1). requirement to hold a licence 5 1 a person must hold a valid licence issued by the licensing authority if that person - a is an employer, in which case that person must hold a licence in respect of each radiological installation at which radioactive substances are to be administered for such purposes as may be specified in that licence; or b is a practitioner, in which case that person must hold a licence in order to justify, within the meaning of regulation 11 an exposure involving the administration of radioactive substances for such purposes as may be specified in that licence. 2 in this regulation, "purpose" when describing the purpose for which a licence is issued, means diagnosis, treatment or research. employer's duties: establishment of general procedures, protocols and quality assurance programmes 6 1 the employer must ensure that written procedures are in place in respect of - a those matters described in schedule 2; and b any other matter in relation to which these regulations mandate the establishment of procedures. 2 the employer must take steps to ensure that any written procedures are complied with by the referrer, practitioner and operator. 3 the employer must take steps to ensure that every practitioner or operator engaged by the employer to carry out exposures or any practical aspect - a complies with the provisions of regulation 17(1); and b undertakes continuing education and training after qualification including, in the case of clinical use of new techniques, training related to those techniques and the relevant radiation protection requirements. 4 the employer must ensure, where appropriate, that written protocols are in place for every type of standard radiological practice coming within these regulations, including practices involving non-medical imaging. 5 the employer must - a establish recommendations concerning referral guidelines for medical exposures, including radiation doses, and ensure that these are available to the referrer; b establish quality assurance programmes for written procedures and written protocols; c regularly review and make available to an operator, diagnostic reference levels in respect of an exposure falling within - i regulation 3(a) - aa where the exposure involves interventional radiology procedures, in which case, diagnostic references levels are to be provided where appropriate; and bb where the exposure does not involve interventional radiology procedures, in which cases regard must be had to european and national diagnostic reference levels where available; ii regulation 3(b) or (e) in which cases regard must be had to european and national diagnostic reference levels where available; iii regulation 3(f) where practicable; d establish dose constraints - i for biomedical and medical research programmes falling within regulation 3(c) where no direct medical benefit for the individual is expected from the exposure; and ii with regard to the protection of carers and comforters falling within regulation 3(d). 6 a dose constraint must be established by the employer in terms of individual effective or equivalent doses over a defined appropriate time period. 7 the employer must ensure appropriate reviews are undertaken whenever diagnostic reference levels are consistently exceeded and ensure that corrective action is taken where appropriate. 8 the employer must take measures to raise awareness of the effects of ionising radiation amongst individuals capable of childbearing or breastfeeding. employer's duties: clinical audit 7 the employer's procedures must include provision for the carrying out of clinical audit as appropriate. employer's duties: accidental or unintended exposure 8 1 the employer's procedures must provide that the referrer, the practitioner, and the individual exposed or their representative (if there is one) are informed of the occurrence of a clinically significant unintended or accidental exposure and of the outcome of the analysis of this exposure. 2 the employer's quality assurance programme must, in respect of radiotherapeutic practices, include a study of the risk of accidental or unintended exposures. 3 the employer must establish a system for recording analyses of events involving or potentially involving accidental or unintended exposures proportionate to the radiological risk posed by the practice. 4 where the employer knows or has reason to believe that an accidental or unintended exposure has or may have occurred in which a person, while undergoing - a any exposure, was or could have been exposed to levels of ionising radiation significantly greater than those generally considered to be proportionate in the circumstances; b a radiotherapeutic exposure was or could have been exposed to levels of ionising radiation significantly lower than those generally considered to be proportionate in the circumstances, the employer must - i undertake an immediate preliminary investigation of the incident; ii unless that investigation shows beyond a reasonable doubt that no such exposure has occurred, immediately notify the relevant enforcing authority; iii conduct or arrange for a detailed investigation of the circumstances of the exposure and an assessment of the dose received; and iv notify the relevant enforcing authority, within the time period specified by the relevant enforcing authority, of the outcome of the investigation and any corrective measures adopted. relevant enforcing authority's duties: accidental or unintended exposure 9 the relevant enforcing authority must put in place mechanisms enabling the timely dissemination of information, relevant to radiation protection in respect of medical exposures, regarding lessons learned from significant events. duties of the practitioner, operator and referrer 10 1 the practitioner and the operator must comply with the employer's procedures. 2 the practitioner is responsible for the justification of an exposure and such other aspects of an exposure as is provided for in these regulations. 3 practical aspects of an exposure or part of it may be allocated in accordance with the employer's procedures by the employer or the practitioner, as appropriate, to one or more individuals entitled to act in this respect in a recognised field of specialisation. 4 the operator is responsible for each practical aspect which the operator carries out as well as for any authorisation given pursuant to regulation 11(5). 5 the referrer must supply the practitioner with sufficient medical data (such as previous diagnostic information or medical records) relevant to the exposure requested by the referrer to enable the practitioner to decide whether there is a sufficient net benefit as required by regulation 11(1)(b). 6 the practitioner and the operator must cooperate, regarding practical aspects, with other specialists and staff involved in an exposure, as appropriate. justification of individual exposures 11 1 a person must not carry out an exposure unless - a in the case of the administration of radioactive substances, the practitioner and employer are licensed to undertake the intended exposure; b it has been justified by the practitioner as showing a sufficient net benefit giving appropriate weight to the matters set out in paragraph (2); c it has been authorised by the practitioner or, where paragraph (5) applies, the operator; d in the case of an exposure taking place in the course of a research programme under regulation 3(c), that programme has been approved by an ethics committee and, in the case of the administration of radioactive substances, approved by an expert committee who can advise on the administration of radioactive substances to humans; e in the case of an exposure falling within regulation 3(f) (non-medical imaging), it complies with the employer's procedures for such exposures; and f in the case of an individual of childbearing potential, the person has enquired whether that individual is pregnant or breastfeeding, if relevant. 2 the matters referred to in paragraph (1)(b) are - a the specific objectives of the exposure and the characteristics of the individual involved; b the total potential diagnostic or therapeutic benefits, including the direct health benefits to the individual and the benefits to society, of the exposure; c the individual detriment that the exposure may cause; and d the efficacy, benefits and risk of available alternative techniques having the same objective but involving no or less exposure to ionising radiation. 3 in considering the weight to be given to the matters referred to in paragraph (2), the practitioner justifying an exposure in accordance with paragraph (1)(b) must have regard, in particular to - a recommendations from appropriate medical scientific societies or relevant bodies where a procedure is to be performed as part of any health screening programme; b whether in circumstances where there is to be an exposure to a carer or comforter such an exposure would show a sufficient net benefit taking into account - i the likely direct health benefits to a patient; ii the possible benefits to the carer or comforter; and iii the detriment that the exposure might cause; c in the case of asymptomatic individuals where a medical radiological procedure - i is to be performed for the early detection of disease; ii is to be performed as part of a health screening programme; or iii requires specific documented justification for that individual by the practitioner, in consultation with the referrer, any guidelines issued by appropriate medical scientific societies, relevant bodies or published by the secretary of state; d the urgency of the exposure, where appropriate, in cases involving - i an individual where pregnancy cannot be excluded, in particular if abdominal and pelvic regions are involved, taking into account the exposure of both the person concerned and any unborn child; and ii an individual who is breastfeeding and who undergoes an exposure involving the administration of radioactive substances, taking into account the exposure of both the individual and the child. 4 in deciding whether to justify an exposure under paragraph (1)(b) the practitioner must take account of any data supplied by the referrer pursuant to regulation 10(5) and must consider such data in order to avoid unnecessary exposure. 5 where it is not practicable for the practitioner to authorise an exposure as required by paragraph (1)(c), the operator must do so in accordance with guidelines issued by the practitioner. 6 in this regulation - "ethics committee" means - an ethics committee established or recognised in accordance with part 2 of the medicines for human use (clinical trials) regulations 2004 ; the ethics committee constituted by regulations made by the scottish ministers under section 51(6) of the adults with incapacity (scotland) act 2000 ; or any other committee established to advise on the ethics of research investigations in human beings, and recognised for that purpose by or on behalf of the secretary of state, the scottish ministers or the welsh ministers; and "individual detriment" means clinically observable deleterious effects in individuals or their descendants, the appearance of which is either immediate or delayed and, in the latter case, implies a probability rather than a certainty of appearance. optimisation 12 1 in relation to all exposures to which these regulations apply except radiotherapeutic exposures, the practitioner and the operator, to the extent of their respective involvement in an exposure, must ensure that doses arising from the exposure are kept as low as reasonably practicable consistent with the intended purpose. 2 in relation to all radiotherapeutic exposures the practitioner must ensure that exposures of target volumes are individually planned and their delivery appropriately verified taking into account that doses to non-target volumes and tissues must be as low as reasonably practicable and consistent with the intended radiotherapeutic purpose of the exposure. 3 without prejudice to paragraphs (1) and (2), the operator must select equipment and methods to ensure that for each exposure the dose of ionising radiation to the individual undergoing the exposure is as low as reasonably practicable and consistent with the intended diagnostic or therapeutic purpose and in doing so must have regard, in particular to - a quality assurance; b assessment and evaluation of patient dose or administered activity; and c adherence to such diagnostic reference levels for radiodiagnostic examinations falling within regulation 3(a), (b), (e) and (f) as the employer may have established, as set out in the employer's procedures. 4 for each medical or biomedical research programme falling within regulation 3(c), the employer's procedures must provide that - a the individuals concerned participate voluntarily in the research programme; b the individuals concerned are informed in advance about the risks of the exposure; c the dose constraint set down in the employer's procedures for individuals for whom no direct medical benefit is expected from the exposure is adhered to; and d individual target levels of doses are planned by the practitioner, either alone or with the input of the referrer, for patients who voluntarily undergo an experimental diagnostic or therapeutic practice from which the patients are expected to receive a diagnostic or therapeutic benefit. 5 in the case of regulation 3(d), the employer's procedures must provide that appropriate guidance is established for the exposure of carers and comforters. 6 in the case of patients undergoing treatment or diagnosis with radioactive substances, the employer's procedures must provide that, where appropriate, written instructions and information are provided to - a the patient, where the patient has capacity to consent to the treatment or diagnostic procedure; b where the patient is a child who lacks capacity (within the meaning of the mental capacity act 2005 in the case of a child aged sixteen or seventeen) so to consent, a person with parental responsibility (within the meaning of the children act 1989 ) for the child; or c where the patient is an adult who lacks capacity (within the meaning of the mental capacity act 2005) so to consent, the person who appears to the practitioner to be the most appropriate person. 7 the instructions and information referred to in paragraph (6) must - a specify how doses resulting from the patient's exposure can be restricted as far as reasonably possible so as to protect persons in contact with the patient; b set out the risks associated with ionising radiation; and c be provided to the patient or other person specified in paragraph (6) as appropriate prior to the patient leaving the radiological installation where the exposure was carried out. 8 in complying with the obligations under this regulation, the practitioner and the operator must pay particular attention in relation to - a medical exposures of children; b medical exposures as part of a health screening programme; c medical exposures involving high doses to the individual being exposed; d where appropriate, individuals in whom pregnancy cannot be excluded and who are undergoing a medical exposure, in particular if abdominal and pelvic regions are involved, taking into account the exposure of both the individual and any unborn child; and e where appropriate, individuals who are breastfeeding and who are undergoing a medical exposure involving the administration of radioactive substances, taking into account the exposure of both the individual and the child. 9 the employer must take steps to ensure that a clinical evaluation of the outcome of each exposure, other than where the person subject to the exposure is a carer or a comforter, is recorded in accordance with the employer's procedures including, where appropriate, factors relevant to patient dose. estimates of population doses 13 the employer must collect dose estimates from medical exposures for radiodiagnostic and interventional procedures, taking into consideration the distribution by age and gender of the exposed population and, when so requested, must provide the dose estimates to the secretary of state. expert advice 14 1 the employer must ensure that a suitable medical physics expert is appointed and involved, in accordance with paragraph (2), in relation to every type of exposure to which these regulations apply. 2 a medical physics expert must - a be closely involved in every radiotherapeutic practice other than standardised therapeutic nuclear medicine practices; b be involved in practices including standardised therapeutic nuclear medicine practices, diagnostic nuclear medicine practices and high dose interventional radiology and high dose computed tomography; c be involved as appropriate for consultation on optimisation, in all other radiological practices not mentioned in sub-paragraphs (b) and (c); and d give advice on - i dosimetry and quality assurance matters relating to radiation protection concerning exposures; ii physical measurements for the evaluation of dose delivered; iii medical radiological equipment. 3 a medical physics expert must also contribute to the following matters - a optimisation of the radiation protection of patients and other individuals subject to exposures, including the application and use of diagnostic reference levels; b the definition and performance of quality assurance of the equipment; c acceptance testing of equipment; d the preparation of technical specifications for equipment and installation design; e the surveillance of the medical radiological installations; f the analysis of events involving, or potentially involving, accidental or unintended exposures; g the selection of equipment required to perform radiation protection measurements; h the training of practitioners and other staff in relevant aspects of radiation protection; i the provision of advice to an employer relating to compliance with these regulations. 4 the medical physics expert must, where appropriate, liaise with a radiation protection adviser and a radioactive waste adviser. 5 in this regulation - a "radiation protection adviser" means an individual who, or a body which is competent to advise on radiation protection in relation to occupational and public exposures; b "radioactive waste adviser" means an individual who, or a body which is competent to provide expert advice on radioactive waste management and environmental radiation protection. equipment: general duties of the employer 15 1 an employer who has control over any equipment must - a implement and maintain a quality assurance programme in respect of that equipment which must as a minimum permit - i the assessment of the dose of ionising radiation that a person may be exposed to from an exposure to which these regulations apply, by way of the ordinary operation of that equipment; and ii the administered activity to be verified; b draw up, keep up-to-date and preserve at each radiological installation an inventory of equipment at that installation and, when so requested, must provide it to the relevant enforcing authority. 2 the inventory referred to in paragraph (1)(b) must contain the following information - a name of manufacturer; b model number; c serial number or other unique identifier; d year of manufacture; and e year of installation. 3 an employer must undertake adequate - a testing of any equipment before it is first used for a medical radiological purpose; b performance testing at regular intervals; c performance testing following a maintenance procedure which is capable of affecting the equipment's performance. 4 a person must not use fluoroscopy equipment unless that equipment features - a a device to control automatically the dose rate; or b an image intensifier or equivalent device. 5 equipment used for interventional radiology and computed tomography must have a device or other feature capable of informing the practitioner, at the end of an exposure of relevant parameters for assessing the patient dose. 6 an employer must - a put in place any measures necessary to improve inadequate or defective performance of equipment; b specify acceptable performance criteria for equipment; and c specify what corrective action is necessary when, following the application of any criteria specified under paragraph (b), equipment is ascertained to be defective; such corrective action may include taking the equipment out of service. equipment installed on or after 6th february 2018 16 1 this regulation only applies in respect of - a equipment installed on or after 6th february 2018; and b an employer who has control of any such equipment. 2 equipment used for external beam radiotherapy with a nominal beam energy exceeding 1 mev must have a device or other feature, the purpose of which is, to verify key treatment parameters. 3 equipment used for interventional radiology must have a device or other feature capable of informing any person involved in the conduct of an exposure of the amount of radiation produced by the equipment during such an exposure. 4 equipment used for planning, guiding and verification purposes must have a device or other feature capable of informing the practitioner, at the end of an exposure, of relevant parameters for assessing the dose. 5 equipment used for interventional radiology and computed tomography must have the capacity to transfer, to the record of a person's exposure, information relating to relevant parameters for assessing the dose. 6 insofar as not already provided in this regulation, any equipment producing ionising radiation must - a have a device, or other feature, capable of informing the practitioner of relevant parameters for assessing the patient dose; and b where appropriate, have the capacity to transfer this information to the record of a person's exposure. training 17 1 subject to the following provisions of this regulation a practitioner or operator must not carry out any exposure or any practical aspect without having been adequately trained. 2 a certificate issued by an institute or person competent to award degrees or diplomas or to provide other evidence of adequate training is, if such certificate so attests, sufficient proof that the person to whom it has been issued has been adequately trained. 3 nothing in paragraph (1) above prevents a person from participating in practical aspects of the procedure as part of practical training if this is done under the supervision of a person who is adequately trained. 4 the employer must keep and have available for inspection by the relevant enforcing authority an up-to-date record of all relevant training undertaken by all practitioners and operators engaged by the employer to carry out any exposures or any practical aspect of such exposures showing the date or dates on which training qualifying as adequate training was completed and the nature of the training. 5 where the employer ("employer a") enters into a contract with another employer ("employer b") to engage a practitioner or operator otherwise employed by that employer b, employer b is responsible for keeping the records required by paragraph (4) and must supply such records to employer a immediately upon request. 6 schedule 3 makes further provision about the training of practitioners and operators. enforcement 18 these regulations are to be enforced by the relevant enforcing authority as if they were health and safety regulations made under section 15 of the health and safety at work etc. act 1974 and the provisions of that act, as regards enforcement and offences, are to apply for the purposes of these regulations. defence of due diligence 19 in any proceedings against any person for an offence consisting of the contravention of these regulations it is a defence for that person to show that the person took all reasonable steps and exercised all due diligence to avoid committing the offence. revocation and transitional provision 20 1 the ionising radiation (medical exposure) regulations 2000 are revoked. 2 subject to the transitional provisions in paragraph (3), the medicines (administration of radioactive substances) regulations 1978 and the medicines (radioactive substances) order 1978 are also revoked to the extent that they apply in england and wales and scotland. 3 any certificate issued to a person under the medicines (administration of radioactive substances) regulations 1978 which is valid on 6th february 2018 is deemed - a to be a licence issued under these regulations for as long as that certificate remains valid; and b to license the employer responsible for the medical radiological installation for the matters specified in that certificate. 4 nothing in paragraph (3) prevents a person from applying for a licence under these regulations on or after the date that they come into force. consequential amendments 21 schedule 4 sets out amendments consequential on the making of these regulations. review 22 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in these regulations; and b publish a report setting out the conclusions of the review. 2 the first report must be published before the end of the period of five years beginning with the coming into force of these regulations. 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 articles of council directive 2013/59/euratom implemented by these regulations 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 less onerous regulatory provision. 6 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). signed by authority of the secretary of state for health. stephen brine parliamentary under-secretary of state, department of health 20th december 2017 we consent mark spencer heather wheeler two of the lords commissioners of her majesty's treasury 20th december 2017

title and interpretation 1 1 the title of this order is the water act 2014 (commencement no. 10) order 2017. 2 in this order "the 2014 act" (" deddf 2014 ") means the water act 2014. provisions of the 2014 act coming into force on the day after the day on which this order is made 2 the following provisions of the 2014 act, so far as not already in force, come into force on the day after the day on which this order is made - a section 17 (rules about charges for connections etc ); and b section 38 (guidance relating to rules about charges). provisions of the 2014 act coming into force on 1 april 2019 3 the following provisions of the 2014 act come into force on 1 april 2019 - a section 8 (bulk supply of water by water undertakers) so far as not already in force; b section 9 (main connections into sewerage systems); c section 10 (agreements by water undertakers to adopt infrastructure) so far as not already in force; and d section 11 (agreements by sewerage undertakers to adopt infrastructure) so far as not already in force. hannah blythyn minister for environment, under authority of the cabinet secretary for energy, planning and rural affairs, one of the welsh ministers 14 december 2017

citation, commencement and application 1 1 this order may be cited as the ribble valley (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 ribble valley (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 ribble valley and number of councillors 3 1 the existing wards of the borough of ribble valley are abolished. 2 the borough of ribble valley is divided into 26 wards as listed in the first column of the table in schedule 1. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected 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 billington & langho, clitheroe and whalley 4 1 the existing wards of the parishes of billington & langho, clitheroe and whalley are abolished. 2 the parish of billington and langho is divided into the three parish wards listed in the first column of table 1 in schedule 2. 3 the parish of clitheroe is divided into the five parish wards listed in the first column of table 2 in schedule 2. 4 the parish of whalley is divided into the four parish wards listed in the first column of table 3 in schedule 2. 5 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 6 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 13th december 2017

citation, commencement and extent 1 1 these regulations may be cited as the environmental impact assessment (miscellaneous amendments relating to harbours, highways and transport) regulations 2017 and come into force on 5th december 2017. 2 subject to paragraphs (3) to (6), these regulations extend to england and wales, scotland and northern ireland. 3 the amendments made by schedules 1, 2 and 4 have the same extent as the provisions which they amend. 4 the amendments made by schedule 3 extend to england and wales only. 5 in schedule 5 - a part 1 extends to northern ireland only; b part 2 extends to scotland only. 6 paragraphs 1 and 4 to 12 of schedule 6 extend to england and wales only. interpretation 2 in these regulations - "the 1964 act " means the harbours act 1964 ; "the 1980 act " means the highways act 1980 ; "the 1992 act " means the transport and works act 1992 ; "the 2006 rules " means the transport and works (applications and objections procedure) (england and wales) rules 2006 ; "the commencement date" means the day on which these regulations come into force. amendments 3 the 1964 act is amended in accordance with schedule 1. 4 the 1980 act is amended in accordance with schedule 2. 5 the 1992 act is amended in accordance with schedule 3. 6 the 2006 rules are amended in accordance with schedule 4. projects and works in scotland or northern ireland: national defence exemption 7 schedule 5 makes provision for the exemption of projects or works from the requirement for an environmental impact assessment under - a the roads (northern ireland) order 1993; b the harbour works (environmental impact assessment) regulations (northern ireland) 2003 ; c the transport and works (scotland) act 2007 and the transport and works (scotland) act 2007 (applications and objections) procedure regulations 2007, where the sole purpose of the works or projects is national defence. transitional provisions 8 schedule 6 makes transitional provision in consequence of the amendments made by these regulations. signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 6th november 2017

part 1 general citation and commencement 1 these regulations may be cited as the police barred list and police advisory list regulations 2017 and come into force on 15th december 2017. interpretation 2 1 in these regulations - "advisory list" means the police advisory list ; "barred list" means the police barred list ; "the college" means the college of policing; "former police officer" means a former member of a police force or a former special constable; "police force concerned", in relation to a person ("p") who at the relevant time - was a member of a police force, means the police force of which p was a member at that time; was a former member of a police force, means the police force of which p was last a member; was a special constable, means the police force for which p was appointed as a special constable at that time; was a former special constable, means the police force for which p was last appointed as a special constable; was a civilian police employee, means - the police force of which p was a member of the civilian staff at that time; or if p was a civilian police employee at that time by virtue of being employed by the common council of the city of london, the city of london police force; was a former civilian police employee, means - the police force for which p was last employed as a member of the civilian staff; or if p was last employed as a civilian police employee by the common council of the city of london, the city of london police force; was a community support volunteer or a policing support volunteer, means the police force of the chief officer of police by whom p was designated under section 38 of the police reform act 2002 ; "police officer" means a member of a police force or a special constable; "relevant dismissal", in relation to a person ("p") whom the relevant authority is required to report to the college under section 88a(1)(a) or (c), means the dismissal of p by virtue of which that requirement applies; "relevant event", in relation to a person ("p") whom the relevant authority is required to report to the college under section 88i(1), means - if paragraph (a) of section 88i(1) applies, p ceasing to be a person serving with the police as mentioned in that paragraph; if paragraph (b) of section 88i(1) applies, the relevant allegation about p coming to the attention of the relevant authority; if paragraph (c) of section 88i(1) applies, the withdrawal of p's designation as mentioned in that paragraph; if paragraph (d) of section 88i(1) applies, p's decision to stop volunteering as mentioned in that paragraph; "relevant finding", in relation to a person ("p") whom the relevant authority is required to report to the college under section 88a(1)(b) or (d), means the finding by virtue of which that requirement applies; "relevant time", in relation to a person ("p") whom the relevant authority is required to report to the college under section 88a(1) or 88i(1), means the time immediately before the relevant dismissal, the relevant event or the relevant finding (as the case may be); "standards of professional behaviour" has the same meaning as in the police (conduct) regulations 2012 ; "working day" means a day other than a saturday or a sunday, christmas day, good friday or a day which is a bank holiday in england and wales under the banking and financial dealings act 1971 . 2 in these regulations, and for the purposes of section 88a(4)(b), "disciplinary proceedings" in relation to a former civilian police employee ("p") means any proceedings or management process during which p's conduct while a civilian police employee is considered in order to determine whether a finding should be made that p would have been dismissed if p had still been such an employee. 3 a reference in these regulations to any provision of an act is (unless expressly provided otherwise) a reference to a provision of the police act 1996. part 2 the barred list report by relevant authority to college under section 88a: timing and content 3 1 where the relevant authority is required to report a person ("p") to the college under section 88a(1), the authority must do so before the end of 5 working days beginning with - a where paragraph (a) or (c) of section 88a(1) applies to p, the date of the relevant dismissal; b where paragraph (b) or (d) of section 88a(1) applies to p, the date of the relevant finding. 2 the report must include the following information - a p's full name; b the police force concerned; c p's date of birth; d whether p was a police officer, a former police officer, a civilian police employee or a former civilian police employee at the relevant time; e where p was a police officer at the relevant time - i p's rank at that time; and ii any number used at that time to identify p as a police officer (for example a warrant number); f where p was a former police officer at the relevant time - i p's rank when p was last a police officer; and ii any number used when p was last a police officer to identify p as such (for example a warrant number); g where p was a civilian police employee at the relevant time, any number used at that time to identify p as such an employee; h where p was a former civilian police employee at the relevant time, any number used when p was last a civilian police employee to identify p as such; i the reasons for the relevant dismissal or the relevant finding, including (where applicable) - i a description of p's conduct which led to the relevant dismissal or the relevant finding; and ii any provision of the standards of professional behaviour breached by p; j the date of the relevant dismissal or the relevant finding; k where the relevant authority was required to report p to the college under section 88i(1)(a) or (b), that fact, the date of the report and whether p resigned or retired; l any information which the relevant authority considers it appropriate to include for the purpose of assisting the college in considering whether regulation 10(4) applies in relation to information contained the report. information to be included in the police barred list 4 the information that must be included in the barred list in relation to a person reported to the college under section 88a(1) is the information contained in the report by virtue of regulation 3(2)(a) to (k). further report by relevant authority to college under section 88f: timing and content 5 1 where the relevant authority is required to make a further report to the college under section 88f(2) in relation to a person ("p"), the relevant authority must do so before the end of 5 working days beginning with the date on which the removal condition is satisfied in relation to p. 2 the further report must include the following information in relation to p - a the information mentioned in regulation 3(2)(a) to (c); b the date on which the removal condition was satisfied; c where paragraph (a) or (b) of section 88f(1) applies to p, the nature of the proceedings mentioned in the applicable paragraph; d where paragraph (c) of section 88f(1) applies to p, the nature of the complaint under section 111 of the employment rights act 1996 and a summary of the finding mentioned in that paragraph; e where paragraph (d) of section 88f(1) applies to p, the nature of the appeal proceedings, and the finding made in those proceedings. 3 for the purposes of this regulation, "the removal condition" is satisfied in relation to p - a where paragraph (a) of section 88f(1) applies to p, when p is reinstated as mentioned in that paragraph; b where paragraph (b) or (d) of section 88f(1) applies to p, when the finding mentioned in that paragraph is set aside as so mentioned; c where paragraph (c) of section 88f(1) applies to p, when the finding mentioned in that paragraph is made. 4 for the purposes of paragraph (2)(e), "appeal proceedings" means any internal review or appeal during which a decision taken in disciplinary proceedings in relation to p is considered and may be set aside. removal from barred list following review or appeal 6 1 if regulation 5 does not apply, this regulation applies where - a a person ("p") has been included in the barred list in consequence of a report made in relation to p under section 88a(1); b one of the following applies - i p is reinstated as a police officer or a civilian police employee following the decision of any court or tribunal; ii the relevant dismissal is found to have been an unfair dismissal by any court or tribunal; iii the relevant finding is set aside following an internal review or appeal. 2 the relevant authority must give the college notice of the decision or finding referred to in paragraph (1)(b) before the end of five working days beginning with the date on which the finding or decision was made. 3 that notice must contain the following information - a the information mentioned in regulation 3(2)(a) to (c); b the nature of the internal review or appeal, or the application to a court or tribunal, and the decision or finding made; c the date of the decision or finding referred to in paragraph (1)(b). 4 on receipt of notice under paragraph (2) in relation to p, the college must remove p from the barred list. removal from barred list on application of barred person 7 1 paragraph (2) applies where a person ("p") has been included in the barred list for the relevant minimum period or longer. 2 p may apply to the college to be removed from the barred list if - a the application is p's first application under this regulation; or b in any other case, the condition set out in paragraph (3) is met. 3 the condition is met if p makes the application - a on or after the date specified by the college under paragraph (7) when dismissing p's most recent application; or b if no date was specified under paragraph (7), after the expiry of the relevant minimum period beginning with the date on which the college dismissed p's most recent application. 4 an application under paragraph (2) - a must be made in the form and manner determined by the college; and b may contain any information or be accompanied by any other documents that p considers relevant to the application. 5 if, on considering p's application, the college is satisfied that it is appropriate for p to be removed from the barred list, the college must remove p from the list; otherwise the college must dismiss the application. 6 in determining whether it is appropriate for p to be removed from the barred list the college may have regard (among other things) to - a the extent to which p has shown that p is suitable to be employed or otherwise appointed by a person mentioned in section 88c(5) (policing positions) ; b the circumstances of the relevant dismissal or which led to the relevant finding; c the impact on public confidence in the police of removing p from the barred list. 7 if the college dismisses p's application, the college may specify a date (being no later than the last day of the relevant minimum period beginning with the date on which the application is dismissed) before which no further application may be made by p under this regulation. 8 before making a decision under paragraph (5) or (7), the college may request further representations, information or documents from p or the relevant authority; and the relevant authority must comply with any such request. 9 the college must give p and the relevant authority notice of its decision on p's application before the end of 5 working days beginning with the date of the decision. 10 in this regulation the "relevant minimum period" - a where p was included in the barred list by virtue of being reported under section 88a(1)(a) or 88a(1)(c) and the reason for p's dismissal related (or one of the reasons for the dismissal related) to a finding that p's performance constituted gross incompetence, means three years; b in any other case, means 5 years. 11 for the purposes of paragraph (10), "gross incompetence" - a where p is a police officer, has the meaning given in regulation 4 of the police (performance) regulations 2012 ; b where p is a civilian police employee, means a serious inability or serious failure of p to perform the duties of the role p is currently undertaking to a satisfactory standard or level (otherwise than by reason of p's attendance), to the extent that dismissal would be justified. automatic removal from the barred list 8 1 a person ("p") must be removed from the barred list if paragraphs (2) and (3) apply. 2 this paragraph applies if p was included in the barred list by virtue of being reported under section 88a(1)(a) or (c), and the reason for p's dismissal related to p's unsatisfactory performance (not amounting to gross incompetence) or unsatisfactory attendance. 3 this paragraph applies if p has been included in the barred list for a period of at least twelve months. removal from barred list on death 9 where the college is satisfied that a person who is included in the barred list has died, the college must remove the person from the list. publication of information in barred list 10 1 section 88g applies to any person who is included in the barred list by virtue of being reported under section 88a(1)(a) or (b) and - a where the report was made under section 88a(1)(a), the person was dismissed at proceedings under the police (conduct) regulations 2012 (police officer dismissed on grounds of conduct); or b where the report was made under section 88a(1)(b), the relevant finding was made at proceedings under those regulations (former police officer: finding of grounds for dismissal for conduct). 2 subject to paragraph (4), the information included in the barred list which the college must publish in relation to a person ("p") to whom section 88g applies is the information in relation to p mentioned in regulation 3(2)(a), (b), (d), (e)(i), (f)(i), (i) and (j) ("the specified information"). 3 the specified information must be published no later than the last working day of the month following the month in which p was included in the barred list. 4 but the college must not publish any of the specified information in relation to p if to publish some or all of that information - a would be against the interests of national security; b might prejudice the investigation or prosecution of a criminal offence or any civil proceedings; or c would result in a significant risk of harm to any person (including p). 5 in considering whether paragraph (4) applies, the college must have regard (among other things) to - a any information in the report on p under section 88a which was included by virtue of regulation 3(2)(l); b the extent to which (and manner in which) any of the specified information in relation to p has already been made available to the public. 6 if, after the college has decided not to publish specified information under paragraph (4), it becomes aware that the circumstances in paragraph (4) which led to that decision no longer apply, the college must publish the information in question. review of publication 11 1 this regulation applies where the specified information in relation to a person ("p") who is included in the barred list is published by the college under section 88g. 2 the college must consider any matter which comes to its attention (including by way of representations made in a written statement under rule 22(5b) of the police appeals tribunals rules 2012 ) which may be relevant to the question of whether the continued publication of some or all of the specified information in relation to p - a is against the interests of national security; b might prejudice the investigation or prosecution of a criminal offence or any civil proceedings; or c is resulting in a significant risk of harm to any person (including p). 3 if, having considered the matter, the college determines that continuing to publish some or all of the specified information in relation to p has any of the effects mentioned in paragraph (2), the college must cease to publish all of the specified information in relation to p. 4 where the college is required to cease publishing specified information under paragraph (3), it must do so before the end of 5 working days beginning with the date on which it makes the determination under that paragraph. 5 if, after the college has ceased publication of specified information under paragraph (3), it becomes aware that the circumstances in paragraph (2) which required the college to cease publishing that information no longer apply, the college must republish the information in question for the remainder of the required period. 6 if the college has decided, following consideration under paragraph (2), that continued publication of specified information would not have the effects described in that paragraph in a particular case, the college is not required to review that decision if there has been no material change in the circumstances which led to that decision. 7 if the college removes a person from the barred list, the college must cease to publish all of the specified information in relation to p. 8 in this regulation - "required period" means the period for which the college is required to publish the specified information under section 88g(3)(c), ending on the date five years after the date on which that information was first published by the college under section 88g(2); "specified information" has the meaning given in regulation 10(2). part 3 the advisory list report by relevant authority under section 88i: timing and content 12 1 where the relevant authority is required to report a person ("p") to the college under section 88i(1), the authority must do so before the end of 5 working days beginning with - a where any of paragraphs (a) to (c) of section 88i(1) applies to p, the date of the relevant event; b where paragraph (d) of section 88i(1) applies to p, the date the relevant event comes to the attention of the relevant authority. 2 the report must include the following information - a p's full name; b the police force concerned; c p's date of birth; d where paragraph (a) of section 88i(1) applies to p - i whether p was a police officer or a civilian police employee at the relevant time; ii where p was a police officer at that time, p's rank at that time and any number used at that time to identify p as a police officer (for example a warrant number); iii where p was a civilian police employee at that time, any number used at that time to identify p as such an employee; iv the date of the relevant event; v a summary of the relevant allegation; vi in a case where disciplinary proceedings have been brought, the form of those proceedings; e where paragraph (b) of section 88i(1) applies to p - i p's rank when p was last a police officer and any number used at that time to identify p as such (for example a warrant number); ii the date on which p ceased to be a police officer and whether p resigned or retired; iii the date of the relevant event; iv a summary of the relevant allegation; f where paragraph (c) of section 88i(1) applies to p - i whether p was a community support volunteer or a policing support volunteer at the relevant time; ii any number used at that time to identify p as such a volunteer; iii the date of the relevant event; iv a summary of the reasons for the withdrawal of p's designation as referred to in that paragraph (c); g where paragraph (d) of section 88i(1) applies to p - i whether p was a community support volunteer or a policing support volunteer at the relevant time; ii any number used at that time to identify p as such a volunteer; iii the date the relevant event came to the attention of the relevant authority; iv a summary of the relevant allegation. information to be included in the advisory list 13 the information that must be included in the advisory list in relation to a person reported to the college under section 88i is the information contained in the report by virtue of regulation 12(2). further report by relevant authority to college under section 88l: timing and content 14 1 where the relevant authority is required to make a further report to the college under section 88l(2) in relation to a person ("p"), the relevant authority must do so before the end of 5 working days beginning with the date on which the removal condition is satisfied in relation to p. 2 the further report must include the following information in relation to p - a the information mentioned in regulation 12(2)(a) to (c); b the date on which the removal condition was satisfied; c a summary of the circumstances which gave rise to the satisfaction of the removal condition. 3 for the purposes of this regulation, "the removal condition" is satisfied in relation to p - a where paragraph (a) of section 88l(1) applies to p, when the determination mentioned in that paragraph is made; b where paragraph (b) of section 88l(1) applies to p, when the proceedings mentioned in that paragraph are withdrawn; c where paragraph (c) of section 88l(1) applies to p, when the proceedings mentioned in that paragraph are concluded as so mentioned. removal from advisory list on application of listed person 15 1 paragraph (2) applies where a person ("p") has been included in the advisory list for 5 years or more. 2 p may apply to the college for p to be removed from the advisory list if - a the application is p's first application under this regulation; or b in any other case, the condition set out in paragraph (3) is met. 3 the condition is met if p makes the application - a on or after the date specified by the college under paragraph (6) when dismissing p's most recent application; or b if no date was specified under paragraph (6), after the expiry of the 5 year period beginning with the date on which the college dismissed p's most recent application. 4 an application under paragraph (2) - a must be made in the form and manner determined by the college; and b may contain any information or be accompanied by any other documents that p considers relevant to the application. 5 if, on considering p's application, the college is satisfied that it is appropriate for p to be removed from the advisory list, the college must remove p from the list; otherwise the college must dismiss the application. 6 if the college dismisses the application, the college may specify a date (being no later than the last day of the period of five years beginning with the date on which the application is dismissed), before which no further application may be made by p under this regulation. 7 before making a decision under paragraph (5) or (6), the college may request further representations, information or documents from p or the relevant authority; and the relevant authority must comply with any such request. 8 the college must give p and the relevant authority notice of its decision on p's application before the end of 5 working days beginning with the date of the decision. automatic removal from the advisory list 16 1 a person ("p") must be removed from the advisory list if paragraphs (2) and (3) apply. 2 this paragraph applies if p was included in the advisory list by virtue of being reported under section 88i, and the reason for the report did not relate to p's conduct. 3 this paragraph applies if p has been included in the advisory list for a period of at least five years. removal from advisory list on death 17 where the college is satisfied that any person who is included in the advisory list has died, the college must remove the person from the list. nick hurd minister of state home office 22nd november 2017

citation, commencement and interpretation 1 1 this order may be cited as the south essex partnership university nhs foundation trust and the north essex partnership university nhs foundation trust (dissolution and transfer of property and liabilities) order 2017 and comes into force on 1st april 2017. 2 in this order - "the new ft" means the essex partnership university nhs foundation trust; "the old fts" means the south essex partnership university nhs foundation trust and the north essex partnership university nhs foundation trust , or either trust as the context requires; "the transfer date" means 1st april 2017; and "the 2012 act " means the health and social care act 2012 . dissolution 2 the old fts are dissolved. transfer of property and liabilities 3 1 on the transfer date, all the property and liabilities of the old fts shall be transferred to the new ft. 2 paragraph (1) does not include any rights and liabilities under, or in connection with, a contract of employment which transferred to the new ft on the transfer date under the transfer of undertakings (protection of employment) regulations 2006 . 3 in paragraph (1), subject to paragraph (2), "property and liabilities" includes, without limitation - a the obligation to prepare any outstanding accounts of the old fts and to perform all statutory duties relating to those accounts; b the outstanding public dividend capital of the old fts, any loans or grants made to them and any other payment obligation; c any criminal liabilities of the old fts ; and d all of the trust property of the old fts. 4 insofar as this order provides for the transfer - a of any land held on lease from a third party, or b of any other asset leased or hired from a third party or in which a third party has an interest, the transfer is binding on the third party notwithstanding that, apart from this paragraph, it would have required the third party's consent or concurrence. monitor licence 4 1 the licences held by the old fts under chapter 3 of part 3 of the 2012 act do not apply to the new ft. 2 any enforcement actions against the old fts in effect immediately before the transfer date do not apply to the new ft. 3 in this article, "enforcement action" means - a a discretionary requirement imposed by monitor under section 105 of the 2012 act (discretionary requirements) in relation to a breach of a condition of a licence under chapter 3 of part 3 of the 2012 act; b an enforcement undertaking accepted by monitor under section 106 of the 2012 act (enforcement undertakings) where monitor has reasonable grounds to suspect that a condition of such a licence has been breached; or c a licence condition relating to governance included in such a licence under section 111 of the 2012 act (imposition of licence conditions on nhs foundation trusts). provision for continuity in exercise of functions 5 1 anything done by or in relation to, and any application made by, or any direction, authorisation or notice given to or by, the old fts is deemed to have been done by or in relation to or made by or given to or by the new ft. 2 any instrument made by the old fts continues in force in relation to the new ft until it is varied or revoked by the new ft. 3 any form supplied by the old fts or by monitor in relation to the old fts, continues to be a valid form in relation to the new ft until it is cancelled or withdrawn by the new ft or by monitor, as if any reference contained in that form to the old fts were a reference to the new ft. 4 any reference to the old fts in any contract, arrangement, agreement or instrument or other document in connection with any of the functions of the old fts or any property or liabilities transferred as a consequence of article 3 of this order is to be treated as a reference to the new ft. 5 paragraphs (1) to (4) are subject to article 4(1) and (2). signed by authority of monitor jim mackey chief executive monitor 27th march 2017

citation, commencement and interpretation 1 1 this order may be cited as the st edmundsbury (electoral changes) order 2017. 2 this article comes into force on the day after the day on which this order is made. 3 article 2 and schedule 1 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 england and wales in 2019. 4 article 3 and schedule 2 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 england and wales in 2017. 5 in this order, "the 2016 order" means the st edmundsbury (reorganisation of community governance) order 2016 . related alterations of borough ward boundaries 2 1 the areas that cease to be part of the parishes listed in the first column of the table in schedule 1 and become part of the parishes listed in the second column of that table in consequence of the 2016 order, cease to be part of the borough wards listed in the third column of that table and become part of the borough wards listed in the fourth column of that table. 2 in this article "borough ward" means a ward established by article 2 of the borough of st edmundsbury (electoral changes) order 2001 . related alterations of electoral division boundaries 3 1 the areas that cease to be part of the parishes listed in the first column of the table in schedule 2 and become part of the parishes listed in the second column of that table in consequence of the 2016 order, 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 in this article "electoral division" means a division established by article 3 of the cambridgeshire (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 8th february 2017

part 1 preliminary title and commencement 1 the title of this order is the network rail (summerway overbridge) order 2017 and comes into force on 15 november 2017. interpretation 2 1 in this order - "the 1961 act " means the land compensation act 1961 ; "the 1965 act " means the compulsory purchase act 1965 ; "the 1981 act " means the acquisition of land act 1981 ; "the 1995 order " means the town and country planning (general permitted development) order 1995 ; "authorised works" means the works required to demolish the summerway overbridge (network rail asset no. 133a) and any associated temporary works authorised by the 1995 order; "the book of reference" means the book of reference certified by the welsh ministers 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 welsh ministers as the land plan for the purposes of this order; "the limits of land to be acquired or used" means the limits so shown and described on the land plan; " network rail " means network rail infrastructure limited (company registration number 02904587) whose registered office is 1 eversholt street, london nw1 2dn; and "owner" in relation to land, has the same meaning as in section 7 (interpretation) of the 1981 act . 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 occupation crossing summerway overbridge occupation crossing 3 1 regardless of anything in section 68 (accommodation works by the company) of the railways clauses consolidation act 1845 as incorporated in the south wales railway act 1845 and the great western railway act 1895 or any other enactment or instrument, all public or private rights of way (if any) between points a1 and a2, as shown on the land plan, over the former occupation crossing known as the summerway overbridge (network rail asset no. 133a) in the city and county of newport are extinguished. 2 any person who suffers loss by the extinguishment of any public or private right of way under this article is entitled to compensation to be determined, in the case of dispute, under part 1 of the 1961 act. part 3 land provisions temporary possession of land 4 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 relation to that land in column (3) of that schedule relating to the authorised works. 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 10 (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 5 sections 1 (application of part 1 and interpretation), 3 (acquisition by agreement in pursuance of compulsory purchase order) and 13 (refusal to give possession to acquiring authority) 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 1981 act applies and as if this order were a compulsory purchase order under that act. suspension of private rights of way 6 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 the 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 takes 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 takes temporary possession of the land and before or after the coming into force of this 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 temporary possession 7 1 the powers conferred by article 4 (temporary possession of land) cease after the end of the period of 5 years beginning with the day on which this order comes into force, except that nothing in this article prevents network rail 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 4 miscellaneous and general certification of plans etc. 8 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 welsh ministers 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 9 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 10 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 11 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. lesley griffiths cabinet secretary for environment and rural affairs, one of the welsh ministers 24 october 2017

citation and commencement 1 these regulations may be cited as the policing and crime act 2017 (commencement no. 5 and transitional provisions) (amendment) regulations 2017 and come into force on 30th november 2017. amendments to the policing and crime act 2017 (commencement no. 5 and transitional provisions) regulations 2017 2 1 the policing and crime act 2017 (commencement no. 5 and transitional provisions) regulations 2017 are amended as follows. 2 in the heading to regulation 2, for "1st" substitute "15th". 3 in regulation 2, for "1st" substitute "15th". nick hurd minister of state home office 27th november 2017

title and commencement 1 1 the title of these regulations is the health education and improvement wales regulations 2017. 2 these regulations come into force on 5 october 2017. interpretation 2 in these regulations - "the act" (" y ddeddf ") means the national health service (wales) act 2006; "chair" (" cadeirydd ") means the chairman of heiw; "health service body" (" corff gwasanaeth iechyd ") means - a clinical commissioning group established under section 14d of the national health service act 2006 , a health board or special health board constituted under section 2 of the national health service (scotland) act 1978 , health education england, the health research authority, the national health service commissioning board, the national institute for health and care excellence, a local health board, an nhs trust established or continued under section 18 of the act or established under section 25 of the national health service act 2006, an nhs foundation trust, nhs education for scotland, northern ireland medical and dental training agency; "health service" (" gwasanaeth iechyd ") means services provided as part of the health service continued under section 1(1) of the act; "heiw" (" aagic ") means health education and improvement wales established by the health education and improvement wales (establishment and constitution) order 2017 ; "member" (" aelod "), except in regulation 5(2) and paragraphs 3(4) and 4(1) of schedule 1, means a member of heiw, including the chair. appointment of members 3 1 the members of heiw are appointed as follows - a the chair is appointed by the welsh ministers; b up to six other members in addition to the chair are appointed by the welsh ministers; c the chief executive is appointed in accordance with paragraph (4); d up to four other members are appointed by the members appointed under sub-paragraphs (a) and (b). 2 the members appointed under paragraph (1)(a) and (b) must not be employees of heiw and are referred to in these regulations as "non-officer members". 3 the members appointed under paragraph (1)(c) and (d) are to be employees of heiw and are referred to in these regulations as "officer members". 4 the chief executive is appointed by the non-officer members apart from the first chief executive who is appointed by the welsh ministers. terms of office 4 1 subject to these regulations, a person holds office as a non-officer member in accordance with the terms of that person's appointment. 2 the tenure of office of a non-officer member is such period, not exceeding 4 years, as the welsh ministers specify on the making of the appointment. 3 a person who has been a non-officer member is eligible for reappointment but a person must not be a non-officer member for a total period of more than 8 years. 4 a person may resign from office as a non-officer member by giving notice in writing to the welsh ministers. 5 subject to these regulations, a person holds office as an officer member in accordance with the terms of that person's appointment. 6 a person may resign from office as an officer member by giving notice in writing to heiw. 7 if hiew is of the opinion that it is not in the interests of hiew or of the health service that an officer member should continue to hold office, hiew must immediately terminate his or her appointment. non-officer members - eligibility 5 1 a person is ineligible to be a chair or non-officer member if that person is, or has been within the preceding year, in the paid employment of - a a local health board; or b an nhs trust established under section 18 of the act. 2 for the purposes of paragraph (1), a person is not to be treated as having been in paid employment by reason only of having held the position of chair, vice-chair or non-officer member of a local health board or a chair, vice-chair or non-executive director of an nhs trust. non-officer members - disqualification from membership 6 1 a person is disqualified from appointment, or from holding office as a non-officer member where that person falls within one or more paragraphs of schedule 1. 2 if a person has been appointed as a non-officer member and becomes disqualified under this regulation, the person must notify the welsh ministers in writing of the disqualification. non-officer members - arrangements for appointment 7 the welsh ministers must ensure that the arrangements for the appointment of persons as members take into account the code published by the minister for the cabinet office which sets out - a the principles for public appointments; and b the guidance on the practices to be followed in relation to making public appointments. non-officer members - termination of term of appointment 8 1 the welsh ministers must immediately terminate a person's appointment as a non-officer member if the welsh ministers are satisfied - a that it is not in the interests of heiw or of the health service for that person to continue to hold office; or b that the person is disqualified under regulation 6 from holding office or was disqualified at the time of their appointment. 2 the welsh ministers terminate a person's appointment under paragraph (1) by giving notice in writing to that effect. 3 if it comes to the notice of the welsh ministers that at the time of a person's appointment as a non-officer member the person was disqualified under regulation 6, the welsh ministers must - a declare that the person was not duly appointed; and b notify the person in writing to that effect. 4 if it comes to the notice of the welsh ministers that a person appointed as a non-officer member has, since the appointment, become disqualified under regulation 6, the welsh ministers must notify the person in writing to that effect. 5 if a person has received notice under paragraph (2), (3) or (4) the person's term of appointment is terminated with immediate effect and the person is to cease to act as a member. non-officer members - suspension from office 9 1 the welsh ministers may suspend a non-officer member from office while they consider whether to terminate that person's appointment under regulation 8. 2 the welsh ministers must give notice of the decision to suspend a person and the suspension takes effect when the person receives the notice. 3 the notice may be - a delivered in person, in which case the member is treated as receiving it when it is delivered; or b sent by first class post to the person's last known postal address, in which case the person is treated as receiving it on the third day after the day on which it is posted. 4 the initial period of suspension must not exceed 6 months. 5 the welsh ministers may review the suspension at any time. 6 the welsh ministers may review the suspension if requested in writing by the person to do so, but need not carry out a review if a period of less than 3 months has elapsed since the beginning of the initial period of suspension. 7 following a review, the welsh ministers may - a revoke the suspension; or b suspend the person for another period of not more than 6 months from the expiry of the current period. 8 the welsh ministers must revoke the suspension if at any time they decide that - a there are no grounds to terminate a person's appointment under regulation 8; or b there are such grounds but the welsh ministers are not minded to terminate that person's appointment under those provisions. appointment of vice-chair 10 1 the members may appoint one of the non-officer members, other than the chair, to be vice-chair for such period, not exceeding the remainder of that person's term as a member, as they may specify on the appointment. 2 a member appointed under paragraph (1) may at any time resign from the office of vice-chair by giving notice in writing to the chair or, if the office of chair is vacant, to the members. 3 this regulation does not apply if regulation 11 applies. appointment of vice-chair where chair is suspended 11 1 this regulation applies where the chair is suspended under regulation 9. 2 if a vice-chair has been appointed under regulation 10(1), that appointment ceases to have effect. 3 the welsh ministers may re-appoint the person mentioned in paragraph (2) or appoint another non-officer member to be vice-chair. 4 the appointment of a vice-chair under paragraph (3) must be for a period not exceeding the shorter of - a the period for which the chair is suspended; or b the remainder of the non-officer member's term of appointment as a member. 5 when the period for which a member is appointed as vice-chair expires, the welsh ministers may re-appoint the member as vice-chair or appoint another non-officer member as vice-chair. 6 a person appointed under paragraph (3) or (5) may, at any time, resign from the office of vice-chair by giving notice in writing to the welsh ministers. 7 the welsh ministers may terminate a person's appointment as vice-chair under paragraph (3) or (5) if the welsh ministers think that it would be in the best interests of heiw for another non-officer member to be vice-chair. 8 if - a a person resigns from the office of vice-chair under paragraph (6); or b the welsh ministers terminate a person's appointment as vice-chair under paragraph (7), the welsh ministers may appoint another non-officer member as vice-chair under paragraph (3). powers of vice-chair 12 1 this regulation applies if - a the chair is suspended under regulation 9 and a non-officer member is appointed to be vice-chair under regulation 11; or b a non-officer member is appointed to be vice-chair under regulation 10 and - i the office of chair is vacant for any reason; or ii the chair is unable to perform the duties of chair owing to illness, absence or any other cause. 2 where this regulation applies - a the vice-chair is to act as chair until a new chair is appointed or the existing chair resumes the chair's duties (as the case may be); and b references in schedule 2 to the chair are, for so long as there is no chair available to perform the duties of the chair, to be taken to include references to the vice-chair. appointment of committees and sub-committees 13 1 subject to any directions given by the welsh ministers, heiw may, and if so directed by the welsh ministers must, appoint committees of heiw. 2 a committee of heiw may consist wholly or partly of members of heiw or wholly of persons who are not members of heiw. 3 subject to any directions given by the welsh ministers or by heiw, a committee appointed under this regulation may, and if so directed by the welsh ministers, must appoint sub-committees. 4 a sub-committee of heiw may consist wholly or partly of members of a committee (whether or not members of heiw) or wholly of persons who are not members of heiw or a committee. 5 subject to any directions given by the welsh ministers, regulation 6 applies to the appointment of members of committees and sub-committees as it applies to the appointment of members of heiw. arrangements for the exercise of functions 14 subject to any directions given by the welsh ministers, heiw may make arrangements for the exercise of any of its functions by a committee or sub-committee appointed under regulation 13, or by an officer of heiw, in each case subject to such restrictions and conditions as heiw thinks fit. meetings and proceedings 15 1 the meetings and proceedings of heiw must be conducted in accordance with the rules set out in schedule 2 and with standing orders made under this regulation. 2 heiw must make standing orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the standing orders. 3 heiw may vary, revoke and remake its standing orders. 4 heiw may make, vary and revoke standing orders relating to the quorum, proceedings and place of a meeting of a committee or sub-committee of heiw. 5 standing orders of heiw or a committee or sub-committee - a must be made in accordance with any directions given by the welsh ministers; and b are subject to the provisions of these regulations and any directions given by the welsh ministers. reports 16 1 for each financial year heiw must - a prepare an annual report on how it has discharged its functions during that year; and b send a copy of that report to the welsh ministers as soon as possible after the end of that financial year. 2 heiw must - a make such other reports to the welsh ministers in such manner and at such time as the welsh ministers direct; and b provide the welsh ministers with such information as the welsh ministers from time to time request. accounts 17 for each financial year heiw must - a keep proper accounts and proper records in relation to those accounts; and b prepare a statement of accounts; in accordance with any directions given by the welsh ministers. disclosure of pecuniary interest 18 1 this paragraph applies where a member has a pecuniary interest, direct or indirect, in a contract, proposed contract or other matter and is present at a meeting of heiw at which the contract, proposed contract or other matter is the subject of consideration. 2 subject to the following provisions of this regulation, where paragraph (1) applies in respect of a member, the member must at the meeting and as soon as practicable after its commencement, disclose the interest and must not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it. 3 the welsh ministers may, subject to such conditions they think fit to impose, disapply a requirement imposed by paragraph (2) if the welsh ministers think it is in the interests of the health service to do so. 4 heiw may, by standing orders made under regulation 15(2), provide for the exclusion of a member from a meeting of heiw while any contract, proposed contract or other matter in which the member has a pecuniary interest, direct or indirect, is under consideration. 5 any remuneration, compensation or allowances payable to a member by virtue of paragraph 2 of schedule 5 to the act (pay and allowances) is not a pecuniary interest for the purposes of this regulation. 6 subject to paragraphs (3) and (7), the member must be treated for the purposes of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if - a the member is a director of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or b the member is a partner of, or is in the employment of, a person with whom the contract was made, or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration, and in the case of two individuals living together as a couple (whether married or in a civil partnership or not) the interest of one is, if known to the other, to be taken for the purpose of this regulation as also being an interest of the other. 7 a member is not to be treated as having a pecuniary interest in a contract, proposed contract or other matter by reason only - a of membership of a company or other body if the member has no beneficial interest in securities of the company or other body; or b of an interest in a company, body or person with which the member is connected as mentioned in paragraph (6) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence the member in the consideration or discussion of, or voting on, any question with respect to the contract, proposed contract or other matter. 8 where a member - a has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; b the total nominal value of the securities does not exceed 5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and c if the share capital is of more than one class, the total nominal value of shares of any one class in which the person has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, this regulation does not prohibit the member from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it, but, in such circumstances the member must nonetheless disclose their interest. 9 this regulation applies, subject to any directions given by the welsh ministers - a to a committee or sub-committee as it applies to heiw; and b to a member of a committee or sub-committee (whether or not the person is a member of heiw) as it applies to a member of heiw. 10 in this regulation - "securities" (" gwarannau ") means - shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in a share or debenture; or rights (whether actual or contingent) in respect of money lent to, or deposited with, an industrial or provident society or building society; "shares" (" cyfranddaliadau ") means shares in the share capital of a company or other body or the stock of a company or other body. 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 social security (fees payable by qualifying lenders) (amendment) regulations 2017 and come into force on 1st april 2017. amendment of the social security (claims and payments) regulations 1987 2 in paragraph 7 of schedule 9a to the social security (claims and payments) regulations 1987 (fees payable by qualifying lenders), for "0.44" substitute "0.39". amendment of the universal credit, personal independence payment, jobseeker's allowance and employment and support allowance (claims and payments) regulations 2013 3 in paragraph 9(2) of schedule 5 to the universal credit, personal independence payment, jobseeker's allowance and employment and support allowance (claims and payments) regulations 2013 (fees payable by qualifying lenders), for "0.44" substitute "0.39". revocation of regulations 4 the regulations set out in the schedule are revoked to the extent specified. signed by authority of the secretary of state for work and pensions caroline nokes parliamentary under secretary of state, department for work and pensions 6th march 2017

citation and commencement 1 these regulations may be cited as the town and country planning (compensation) (england) (amendment) (no. 2) regulations 2017 and come into force on 23rd may 2017. amendments to the prescribed descriptions of development 2 in regulation 2 of the town and country planning (compensation) (england) regulations 2015 , in paragraph (c) after "classes" insert "aa,". signed by authority of the secretary of state for communities and local government gavin barwell minister of state department for communities and local government 28th april 2017

citation and commencement 1 1 these regulations may be cited as the national insurance contributions (application of part 7 of the finance act 2004) (amendment) regulations 2017. 2 subject to paragraph (3) these regulations come into force on 21st december 2017. 3 regulations 6(b), 11 and 14(2)(c) come into force on 6th april 2018. amendment of the national insurance contributions (application of part 7 of the finance act 2004) regulations 2012 2 the national insurance contributions (application of part 7 of the finance act 2004) regulations 2012 are amended as follows. 3 in regulation 2 (interpretation) after the definition of "the descriptions regulations" insert - "employer" means the secondary contributor determined under - section 7 of the social security contributions and benefits act 1992 ; regulation 5 of, and schedule 3 to, the social security (categorisation of earners) regulations 1978 ; or regulation 122 of the social security (contributions) regulations 2001 ; . 4 in regulation 3 (structure of the regulations) in paragraph (1) for "21" substitute "21d". 5 in the table at regulation 5(2) (provisions corresponding to part 7 of the finance act 2004) - a after the row relating to section 310b (failure to provide information under section 310a: application to the tribunal) insert - section 310c (duty of promoters to provide updated information) regulation 11c ; b after the row relating to section 313zb (enquiry following disclosure of client details) insert - "section 313zc (duty of employer to notify hmrc of details of employees etc )"; and regulation 16b c after the row relating to section 316 (information to be provided in form and manner specified by board) insert - section 316a (duty to provide additional information) regulation 21a section 316b (confidentiality) regulation 21b section 316c (publication by hmrc) regulation 21c section 316d (section 316c: subsequent judicial rulings) regulation 21d . 6 after regulation 11b (failure to provide information under regulation 11a: application to the tribunal ) insert - duty of promoters to provide updated information 11c 1 this regulation applies where - a information has been provided under regulation 8 about any notifiable contribution arrangements, or proposed notifiable contribution arrangements, to which a reference number is allocated under regulation 12, and b after the provision of information, there is a change in relation to the arrangements of a kind mentioned in paragraph (2). 2 the changes referred to in paragraph (1)(b) are - a a change in the name by which the notifiable contribution arrangements or proposed notifiable contribution arrangements, are known; b a change in the name or address of any person who is a promoter in relation to the notifiable contribution arrangements or, in the case of proposed notifiable contribution arrangements, the notifiable contribution proposal. 3 a person who is a promoter in relation to the notifiable contribution arrangements or, in the case of proposed notifiable contribution arrangements, the notifiable contribution proposal must inform hmrc of the change mentioned in paragraph (1)(b) within 30 days after it is made. 4 paragraphs (5) and (6) apply for the purposes of paragraph (3) where there is more than one person who is a promoter in relation to the notifiable contribution arrangements or notifiable contribution proposal. 5 if the change in question is a change in the name or address of a person who is a promoter in relation to the notifiable contribution arrangements or notifiable contribution proposal, it is the duty of that person to comply with paragraph (3). 6 if a person provides information in compliance with paragraph (3), the duty imposed by that paragraph on any other person, so far as relating to the provision of that information, is discharged. . 7 in regulation 12(1)(a) (arrangements to be given reference number), for "30 days" substitute "90 days". 8 1 in regulation 14 (duty of client to notify parties of number) after paragraph (2) insert - 2a where the client - a is an employer, and b by reason of the contribution arrangements or proposed contribution arrangements, receives or might reasonably be expected to receive an advantage, in relation to the employment of one or more of the client's employees, the client must, within the prescribed period, provide to each of the client's relevant employees prescribed information relating to the reference number. . 2 in paragraphs (3) and (4) for "paragraph (2)" substitute "paragraph (2) or (2a)". 3 after paragraph (3) insert - 3a for the purposes of this regulation - a "relevant employee" means an employee in relation to whose employment the client receives or might reasonably be expected to receive the advantage mentioned in paragraph (2a); b "employee" includes former employee; and c a reference to employment includes holding an office (and references to "employee" and "employer" are to be construed accordingly). . 9 in regulation 15 (duty of parties to notifiable contribution arrangements to notify hmrc of number etc) after paragraph (2) insert - 3 the duty under paragraph (1) does not apply in prescribed circumstances. . 10 after regulation 16a (enquiry following disclosure of client details) insert - duty of employer to notify hmrc of details of employees etc 16b 1 this regulation applies if conditions a, b and c are met. 2 condition a is that a person who is a promoter in relation to notifiable contribution arrangements or a notifiable contribution proposal is providing (or has provided) services in connection with the notifiable contribution arrangements or notifiable contribution proposal to a person ("the client"). 3 condition b is that the client receives information under regulation 13(2) or as mentioned in regulation 13(5). 4 condition c is that the client is an employer in circumstances where, as a result of the notifiable contribution arrangements or proposed notifiable contribution arrangements - a one or more of the client's employees receive, or might reasonably be expected to receive, in relation to their employment, an advantage, or b the client receives or might reasonably be expected to receive an advantage in relation to the employment of one or more of the client's employees. 5 where an employee is within paragraph (4)(a), or is an employee mentioned in paragraph (4)(b), the client must provide hmrc with prescribed information relating to the employee at the prescribed time or times. 6 the client need not comply with paragraph (5) in relation to any notifiable contribution arrangements at any time after hmrc has given notice under regulation 13(6) or 15(2) in relation to the notifiable contribution arrangements. 7 the duty under paragraph (5) does not apply in prescribed circumstances. 8 regulation 14(3a) applies for the purposes of this regulation as it applies for the purpose of that regulation. . 11 in regulation 19 (information provided to introducers) - a for the heading substitute "provision of information to hmrc by introducers", b for paragraph (1) substitute - 1 this regulation applies where hmrc suspect - a that a person ("p") is an introducer in relation to a proposal; and b that the proposal may be a notifiable contribution proposal. , c after paragraph (1) insert - 1a hmrc may by written notice require p to provide hmrc with one or both of the following - a prescribed information in relation to each person who has provided p with any information relating to the proposal; b prescribed information in relation to each person with whom p has made a marketing contact in relation to the proposal. , and d in paragraph (3) for "paragraph (1)" substitute "paragraph (1a)". 12 1 in regulation 21 (information to be provided in form and manner specified by hmrc) - a in paragraph (2) after "11a," insert "11c,", and b for "and 16(3)" insert ", 16(3) and 16b(5)". 2 after regulation 21 insert - duty to provide additional information 21a 1 this regulation applies where a person is required to provide information under regulation 13(2) or 14(2) or (2a). 2 hmrc may specify additional information which must be provided by that person to the recipients under regulation 13(2) or 14(2) or (2a) at the same time as the information referred to in paragraph (1). 3 hmrc may specify the form and manner in which the additional information is to be provided. 4 for the purposes of this regulation "additional information" means information supplied by hmrc which relates to notifiable contribution proposals or notifiable contribution arrangements in general. confidentiality 21b no duty of confidentiality or other restriction on disclosure (however imposed) prevents the voluntary disclosure by any person to hmrc of information or documents which the person has reasonable grounds for suspecting will assist hmrc in determining whether there has been a breach of any requirement imposed by or under these regulations. publication by hmrc 21c 1 hmrc may publish information about - a any notifiable contribution arrangements, or proposed notifiable contribution arrangements, to which a reference number is allocated under regulation 12; b any person who is a promoter in relation to the notifiable contribution arrangements or, in the case of proposed notifiable contribution arrangements, the notifiable contribution proposal. 2 the information that may be published is (subject to paragraph (4)) - a any information relating to arrangements within paragraph (1)(a), or a person within paragraph (1)(b), that is prescribed information for the purposes of regulation 8, 10 or 11; b any ruling of a court or tribunal relating to any such arrangements or person (in that person's capacity as a promoter in relation to a notifiable contribution proposal or notifiable contribution arrangements); c the number of persons in any period who enter into transactions forming part of notifiable contribution arrangements within paragraph (1)(a); d whether notifiable contribution arrangements within paragraph (1)(a) are apn relevant; e any other information that hmrc considers it appropriate to publish for the purpose of identifying arrangements within paragraph (1)(a) or a person within paragraph (1)(b). 3 the information may be published in any manner that hmrc considers appropriate. 4 no information may be published under this regulation that identifies a person who enters into a transaction forming part of notifiable contribution arrangements within paragraph (1)(a). 5 but where a person who is a promoter within paragraph (1)(b) is also a person mentioned in paragraph (4), nothing in paragraph (4) is to be taken as preventing the publication under this regulation of information so far as relating to the person's activities as a promoter. 6 before publishing any information under this regulation that identifies a person as a promoter within paragraph (1)(b), hmrc must - a inform the person that they are considering doing so, and b give the person reasonable opportunity to make representations about whether it should be published. 7 arrangements are "apn relevant" for the purposes of paragraph (2)(d) if hmrc has indicated in a publication that it may exercise (or has exercised) its power under section 219 of the finance act 2014 (accelerated payment notices) by virtue of the arrangements being dotas arrangements within the meaning of that section. subsequent judicial rulings 21d 1 this regulation applies if - a information about notifiable contribution arrangements, or proposed notifiable contribution arrangements, is published under regulation 21c, b at any time after the information is published, a ruling of a court or tribunal is made in relation to contribution arrangements, and c hmrc is of the opinion that the ruling is relevant to the arrangements mentioned in sub-paragraph (a). 2 a ruling is "relevant" to the arrangements if - a the principles laid down, or reasoning given, in the ruling would, if applied to the arrangements, allow the purported advantage arising from the arrangements in relation to contributions, and b the ruling is final. 3 hmrc must publish information about the ruling. 4 the information must be published in the same manner as hmrc published the information mentioned in sub-paragraph (1)(a) (and may also be published in any other manner that hmrc considers appropriate). 5 a ruling is "final" if it is - a a ruling of the supreme court, or b a ruling of any other court or tribunal in circumstances where - i no appeal may be made against the ruling, ii if an appeal may be made against the ruling with permission, the time limit for applications has expired and either no application has been made or permission has been refused, iii if such permission to appeal against the ruling has been granted or is not required, no appeal has been made within the time limit for appeals, or iv if an appeal was made, it was abandoned or otherwise disposed of before it was determined by the court or tribunal to which it was addressed. 6 where a ruling is final by virtue of paragraph (5)(b)(ii), (iii) or (iv), the ruling is to be treated as made at the time when the paragraph in question is first satisfied. 7 in this regulation, "contribution arrangements" means arrangements in respect of which it would be reasonable to conclude (having regard to all the circumstances) that the obtaining of an advantage in relation to contributions was the main purpose, or one of the main purposes. . 13 1 regulation 22 (notification under part 2) is amended as follows. 2 in paragraph 2 - a after sub-paragraph (ca) insert - cb regulation 11c (duty of promoters to provide updated information) , b in sub-paragraph (e) after "regulation 14(2)" insert "and 14(2a)", c after sub-paragraph (fa) insert - fb regulation 16b (duty of employer to notify hmrc of details of employees etc) , d in sub-paragraph (g) omit "and", e for sub-paragraph (h) substitute - h regulation 19 (provision of information to hmrc by introducers), and , and f after sub-paragraph (h) insert - i regulation 21a (duty to provide additional information). . 3 in paragraph (11) for "penalty of the relevant sum" substitute "penalty not exceeding the relevant sum". 4 in paragraph (12) - a in sub-paragraph (a) for "100" substitute "5,000", b in sub-paragraph (b) for "500" substitute "7,500", c in sub-paragraph (c) for "1000" substitute "10,000". 14 in regulation 26 (the information regulations) - a omit paragraph (6), and b in paragraph (8) for the substituted regulation 10(3) substitute - 3 unless paragraph (4) applies, the prescribed time at which a person who is a party to notifiable contribution arrangements must provide hmrc with information under regulation 15 is 14 days after the end of the final tax period of the tax year in respect of which any person first enters into a transaction forming part of the notifiable contribution arrangements and in respect of each subsequent year until an advantage ceases to apply to any person. in this paragraph, "tax period" has the meaning given in paragraph 1(2) of schedule 4 to the social security (contribution) regulations 2001 (interpretation). . david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 29th november 2017

citation and interpretation 1 1 these regulations may be cited as the digital economy act 2017 (commencement no. 1) regulations 2017. 2 in these regulations "the 2017 act " means the digital economy act 2017. provisions coming into force on 31st july 2017 2 the following provisions of the 2017 act come into force on 31st july 2017 - a section 5 (power to make transitional provision in connection with the code); b section 6 (power to make consequential provision etc in connection with the code); c section 8 (regulation of dynamic spectrum access services); d section 14 (internet pornography: requirement to prevent access by persons under 18) but only for the purpose of making regulations under subsection (2); e section 15 (meaning of "pornographic material") so far as it relates to the purpose specified in paragraph (d) and to the provisions specified in paragraphs (h), (j) and (l); f section 16 (the age-verification regulator: designation and funding); g section 17 (parliamentary procedure for designation of age-verification regulator); h section 21(5) (meaning of "ancillary service provider") so far as it relates to the provision specified in paragraph (l); i section 22 (meaning of "extreme pornographic material") so far as it relates to the provisions specified in paragraphs (e), (h) and (j); j section 25 (guidance to be published by regulator); k section 26(2) (exercise of functions by regulator); l section 27 (guidance by secretary of state to regulator); m section 30(1) and (2) (interpretation and general provisions relating to this part) so far as it relates to the provisions specified in paragraphs (d) to (l); n section 34 (copyright etc where broadcast retransmitted by cable); o section 46 (disclosure of information by civil registration officials), but only for the purpose of issuing the code of practice under section 19ac of the registration service act 1953 ; p section 47 (consequential provision: civil registration) so far as it relates to the purpose specified in paragraph (o); q section 74 (disclosure of non-identifying information by the revenue and customs); r section 76 (disclosure of non-identifying information by revenue scotland); s section 77 (disclosure of employer reference information by the revenue and customs); t section 78 (disclosure of information by the revenue and customs to the statistics board); u section 79 (disclosure of information by public authorities to the statistics board), except for subsection (3), and in relation to england and wales and scotland only; v section 81 (disclosure by the statistics board to devolved administrations), in relation to england and wales and scotland only; w section 87 (appeals from decisions of ofcom and others: standard of review); x section 92 (digital additional services: seriously harmful extrinsic material); y section 93 (on-demand programme services: accessibility for people with disabilities), except subsection (3); z section 95 (electronic programme guides and public service channels); aa section 98 (strategic priorities and provision of information); bb section 100 (retention by ofcom of amounts paid under wireless telegraphy act 2006); cc section 101 (international recognition of satellite frequency assignments: power of ofcom to charge fees); dd section 104 (internet filters); ee section 106 (power to create offence of breaching limits on internet and other ticket sales), in relation to england and wales and scotland only; ff section 108 (regulations about charges payable to the information commissioner); gg section 109 (functions relating to regulations under section 108); hh section 110 (supplementary provision relating to section 108); ii schedule 1 (the electronic communications code), but only for the purpose of making regulations under paragraph 95 (power to confer jurisdiction on other tribunals) of schedule 3a to the communications act 2003 , and section 4 (the electronic communications code) so far as is necessary for that purpose; jj paragraph 47 of schedule 3 (electronic communications code: consequential amendments), and section 4 (the electronic communications code) so far as it relates to that paragraph. provisions coming into force on 1st october 2017 3 the following provisions of the 2017 act come into force on 1st october 2017 - a section 32 (offences: infringing copyright and making available right); b section 33 (registered designs: infringement: marking product with internet link); c section 35 (disclosure of information to improve public service delivery), but only for the purpose of making regulations, and in relation to england and wales (except so far as it relates to the disclosure of information to or by a water or sewerage undertaker for an area which is wholly or mainly in wales) and scotland only; d section 36 (disclosure of information to gas and electricity suppliers etc), but only for the purpose of making regulations; e section 43 (code of practice: public service delivery), except so far as it relates to the disclosure of information to or by a water or sewerage undertaker for an area which is wholly or mainly in wales, and in relation to england and wales and scotland only; f section 44 (regulations under this chapter) so far as it relates to the purposes specified in paragraphs (c) and (d); g section 48 (disclosure of information to reduce debt owed to the public sector), but only for the purpose of making regulations, and in relation to england and wales and scotland only; h section 52 (code of practice: debt owed to the public sector), in relation to england and wales and scotland only; i section 54 (regulations under this chapter) so far as it relates to the purpose specified in paragraph (g); j section 56 (disclosure of information to combat fraud against the public sector), but only for the purpose of making regulations, and in relation to england and wales and scotland only; k section 60 (code of practice: fraud against the public sector), in relation to england and wales and scotland only; l section 62 (regulations under this chapter) so far as it relates to the purpose specified in paragraph (j); m section 70 (code of practice: sharing for research purposes), except so far as it relates to the disclosure of information by the welsh revenue authority, and in relation to england and wales and scotland only; n section 80 (access to information by the statistics board), but only for the purposes of preparing and publishing the statement under section 45e, and the code of practice under section 45g, of the statistics and registration service act 2007 , and in relation to england and wales and scotland only. provision coming into force on 1st october 2018 4 section 102 (billing limits for mobile phones) of the 2017 act comes into force on 1st october 2018. matthew hancock minister of state department for culture, media and sport 12th july 2017

citation and commencement 1 this order may be cited as the social security (reciprocal agreements) order 2017 and shall come into force on 6th april 2017. modification of legislation 2 the social security administration act 1992, the social security contributions and benefits act 1992 and part 5 (bereavement support payment) of the pensions act 2014 and regulations made under those acts or section 30 of the pensions act 2014, shall be modified to such extent as may be required to give effect to - a the alterations set out in schedule 1 which are proposed to the agreements set out in the schedules to the orders in council specified in schedule 2; b the alterations set out in schedule 3 which are proposed to the agreement set out in the schedule to the order in council referred to in schedule 3. richard tilbrook clerk of the privy council

citation and commencement 1 1 this order may be cited as the ashford (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 ashford (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 borough of ashford and number of councillors 3 1 the existing wards of the borough of ashford are abolished. 2 the borough of ashford is divided into 39 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 parishes 4 1 the existing wards of the following parishes are abolished - a boughton aluph & eastwell grouped parish council; b charing; c great chart with singleton; d high halden; e kingsnorth; f mersham & sevington grouped parish council; g stanhope; and h tenterden. 2 boughton aluph & eastwell grouped parish council is divided into the three parish wards listed in the first column of table 1 in schedule 2. 3 the parish of charing is divided into the two parish wards listed in the first column of table 2 in schedule 2. 4 the parish of great chart with singleton is divided into the five parish wards listed in the first column of table 3 in schedule 2. 5 the parish of high halden is divided into the two parish wards listed in the first column of table 4 in schedule 2, 6 the parish of kingsnorth is divided into the six parish wards listed in the first column of table 5 in schedule 2. 7 mersham & sevington grouped parish council is divided into the three parish wards listed in the first column of table 6 in schedule 2. 8 the parish of stanhope is divided into the three parish wards listed in the first column of table 7 in schedule 2. 9 the parish of tenterden is divided into the four parish wards listed in the first column of table 8 in schedule 2. 10 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 11 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 5th november 2017

citation and commencement 1 these regulations may be cited as the high speed rail (london - west midlands) (planning appeals) (written representations procedure) (england) regulations 2017 and come into force on 27th march 2017. interpretation and notices, etc. 2 1 in these regulations - "the act" means the high speed rail (london - west midlands) act 2017, and "schedule 17" means schedule 17 to the act; "the appellant" means the nominated undertaker ; "approval" means the approval or agreement under part 1 of schedule 17; "authority" means the relevant planning authority for the purposes of schedule 17; "electronic transmission" means a communication transmitted - by means of an electronic communications network; or by other means, but while in electronic form; "in writing" includes electronic transmission in written form; "request" means a request for approval under the planning permission deemed to be granted by section 20(1) of the act; "starting date" means the date stated in the written notice under regulation 6(a); and "third party" means any person who has been notified or consulted in accordance with schedule 17 about a request, or has submitted representations to the authority about that request. 2 any notice, questionnaire, statement or representation submitted pursuant to these regulations must be in writing. 3 where - a any notice of appeal is given under paragraph 22 of schedule 17, b any notice is served pursuant to regulation 7(1), c any questionnaire or statement is submitted or copied pursuant to regulation 8, or d any representations are submitted or copied pursuant to regulation 7, 9 or 10, which makes reference to another document, a copy of that other document (or of the relevant part of it) must be submitted, served or copied (as the case may be) in a like manner and within the period specified for the submission, service or copying of the relevant document mentioned in subparagraph (a), (b), (c) or (d). application 3 these regulations apply to any appeal which is made under paragraph 22 of schedule 17, and which is not the subject of a direction made pursuant to paragraph 25(1) of that schedule. services of notices, etc. 4 1 notices or representations required to be submitted or copied under any of the provisions of these regulations may be sent - a by post; or b subject to paragraphs (2) to (5), by electronic transmission. 2 where a notice or representation required to be submitted or copied for the purposes of these regulations is submitted or copied by electronic transmission, the requirement will be taken to be fulfilled where the recipient of the notice or representation to be transmitted has given his consent in writing to the use of electronic transmission. 3 where the recipient of a notice or representation submitted or copied by electronic transmission notifies the sender within 7 days of receipt that he requires a paper copy of all or any part of that notice or representation, the sender must provide such a copy as soon as is reasonably practicable. 4 a person may revoke his consent to the use of electronic transmission in accordance with paragraph (5). 5 where a person is no longer willing to accept the use of electronic transmission for the purposes of these regulations - a he must give notice in writing revoking any consent given by him for that purpose; and b such revocation will be final and will take effect on the 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. notice of appeal 5 notice of appeal under paragraph 22(1) of schedule 17 must be given to the appropriate ministers and the authority in the form prescribed in schedule 1 . notice of receipt of appeal 6 the appropriate ministers must, as soon as reasonably practicable after receipt of the notice of appeal, notify the appellant and the authority in writing of - a the date from which the process for deciding the appeal is to be taken to start; b the reference number allocated to the appeal; c the address of the site to which the appeal relates; and d the address to which written communications to the appropriate ministers about the appeal are to be sent. notice to, and representations by, third parties 7 1 the authority must, within a period of 7 days beginning with the starting date, serve notice on all third parties informing them of the appeal. 2 a notice under paragraph (1) must - a summarise the request to which the appeal relates, and the grounds of the appeal; b contain the information specified in regulation 6; c inform third parties that they may, within a period of 21 days beginning with the starting date, submit representations to the appropriate ministers in respect of the appeal; d state that the appropriate ministers will copy those representations to the appellant and to the authority; e state that copies of any representations already submitted to the authority about the request (other than representations which were not taken into account because the maker requested they be treated as confidential) will be sent by the authority to the appropriate ministers and the appellant. 3 any representations submitted pursuant to paragraph (2)(c) and any copies of representations mentioned in paragraph (2)(e) must be submitted to the appropriate ministers within a period of 21 days beginning with the starting date. 4 an authority submitting a copy of representations to the appropriate ministers pursuant to paragraph (2)(e) must at the same time send a copy to the appellant. 5 the appropriate ministers must, on receipt of representations made pursuant to paragraph (2)(c), at the same time send a copy of them to the appellant and to the authority. submission of questionnaire and statement by the authority 8 1 the authority must, within a period of 14 days beginning with the starting date, submit to the appropriate ministers a completed questionnaire in the form prescribed in schedule 2. 2 the authority must at the same time send a copy of that questionnaire to the appellant. 3 if the authority wishes to submit a statement in addition to the questionnaire mentioned in paragraph (1), it must - a within a period of 14 days beginning with the starting date, serve notice on the appropriate ministers and on the appellant of its intention to submit such a statement; and b within a period of 21 days beginning with the starting date, submit the statement to the appropriate ministers, at the same time sending a copy of it to the appellant. 4 the questionnaire referred to in paragraph (1) and the statement referred to in paragraph (3) must state the date on which it is submitted to the appropriate ministers. representations by the appellant and by the authority 9 1 the appellant may submit to the appropriate ministers representations in response to - a the authority's questionnaire copied to it pursuant to regulation 8(2); and b the authority's statement (if any) copied to it pursuant to regulation 8(3)(b). 2 representations pursuant to paragraph (1)(a) must be sent within a period of 7 days beginning with the date of submission by the authority of the copy of the authority's questionnaire, and those pursuant to paragraph (1)(b) within a period of 7 days beginning with the date of submission by the authority of the copy of the authority's statement. 3 any representations submitted pursuant to paragraph (1) must be dated and submitted to the appropriate ministers on the date they bear, and the appellant must at the same time send a copy of them to the authority. 4 the appellant and the authority may submit to the appropriate ministers representations in response to any third party representations submitted to those ministers pursuant to regulation 7(2)(c). 5 representations pursuant to paragraph (4) must be submitted within 7 days of receipt of any third party representations. closing representations in respect of new matters 10 where the appellant submits representations pursuant to regulation 9(1), and those representations raise a new matter, the authority may, within a period of 14 days beginning with the date of the appellant's submission of a copy of those representations pursuant to regulation 9(3), submit to the appropriate ministers representations in respect of that new matter, copying them at the same time to the appellant. allowing further time 11 the appropriate ministers may in a particular case give directions setting later time limits than those prescribed by these regulations. power of determiner 12 1 in this regulation - "representations" include any questionnaire or statement submitted or to be submitted by the appellant or authority pursuant to these regulations; and "the determiner" means the appropriate ministers or the person appointed to determine the appeal pursuant to paragraph 23 of schedule 17, as the case may be. 2 the determiner may, at any time after the expiry of - a a period of 7 days beginning either with the date the authority sent the appellant a copy of its questionnaire or, where the authority submits a statement pursuant to regulation 8(3), the date the authority sent the appellant a copy of that statement; or b where applicable, the period of 14 days mentioned in regulation 10, whichever is the later, proceed to a decision, taking into account only those representations and supporting documents as were submitted before the expiry of the relevant period. 3 where no representations are submitted within the period mentioned in regulation 7(2)(c), the determiner may proceed to a decision if - a it appears to the determiner that sufficient material has been submitted to enable the determiner to reach a decision on the merits of the case; and b notice has been given by the determiner to the appellant and to the authority of the determiner's intention to proceed to a decision notwithstanding that no representations have been submitted within that period. signed by authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 27th february 2017 signed by authority of the secretary of state for communities and local government gavin barwell minster for state department for communities and local government 27th february 2017

citation and commencement 1 these regulations may be cited as the individual savings account (amendment no. 3) regulations 2017 and come into force on 6th april 2018. amendment of the individual savings account regulations 1998 2 the individual savings account regulations 1998 are amended as follows. 3 in regulation 2(1)(a) (interpretation) - a in the definition of "article 36h agreement" insert after "operator" where it appears second "or, in relation to a continuing account of a deceased investor, any person within the description of section 694a(2) of ittoia 2005 or referred to in section 694a(1) of that act,"; and b at the appropriate place insert - "continuing account of a deceased investor" has the meaning given in regulation 2g; . 4 after regulation 2f (special provision in respect of looked after children) insert - continuing account of a deceased investor and administration-period investments 2g 1 this regulation applies to an account, other than a junior isa account, when the account investor has died ("continuing account of a deceased investor"). 2 investments held in such an account are to be administration-period investments as a result of section 694a(4) or (5) of ittoia 2005 for the period beginning on the death of the account investor and ending on the earlier of - a the completion of the administration of the deceased's estate, b the day falling on the third anniversary of the death, or c the closure of the account within the meaning of regulation 4b(3)(a). 3 a continuing account of a deceased investor is to cease to be such an account at the end of the period referred to in paragraph (2). 4 notwithstanding any other provision of these regulations - a no subscription or qualifying addition is to be made to a continuing account of a deceased investor, and b no transfer is to be made of a continuing account of a deceased investor otherwise than a transfer when regulation 17, 19 or 20 applies. 5 in relation to a continuing account of a deceased investor, wherever the following expressions occur in these regulations - a "investments", "account investments", "qualifying investments", "investments under an account", or any other description of an account investment, includes administration-period investments, b "account investor", "applicant", or any other description of an account investor, includes any person within the description of section 694a(2) of ittoia 2005 and, in the case of regulations 22 and 36(3), also any person referred to in section 694a(1) of that act, and c "account", "lifetime isa", or any reference to a scheme of investment, includes a continuing account of a deceased investor, notwithstanding that no subscription or qualifying addition can be made to it. 6 in relation to a continuing account of a deceased investor - a regulations 4(6)(a) and (f) (except in relation to a transfer when regulation 17, 19 or 20 applies), 12(3)(f) and (6)(a) and 12b(8)(a) and (c) do not apply, b in regulation 7(2)(h)(iii), the phrase "but have remained in the beneficial ownership of the participant" is to be treated as omitted, c in regulation 21(4d), after "made on a transfer", there is to be treated as inserted "and is a continuing account of a deceased investor", and d in regulations 21(6), 21a(3) and 31(3) - i in sub-paragraphs (a)(i) and (ii), the information to be provided concerns any person within the description of section 694a(2) of ittoia 2005, and ii in sub-paragraphs (a)(iii) and (iv), the information to be provided concerns the deceased investor. . 5 in regulation 5dda (additional permitted subscription to an account other than a junior isa account) - a after "deceased's death" where it appears - i in paragraph (3)(a), insert "or, in the event that the period for an administration-period investment in a continuing account of a deceased investor with an account manager ends and s has not made a subscription under paragraph (1), immediately before the account ceasing to be a continuing account of a deceased investor (whichever is the higher)", and ii in paragraphs (3)(b), (3a) and (3b), insert "or, in the event mentioned in paragraph 3(a) occurring, immediately before the account ceasing to be a continuing account of a deceased investor (whichever is the higher)"; and b in paragraph (4)(b), after "the case" insert "of". 6 in regulation 21(6)(b), (transfers relating to accounts other than junior isa accounts), after sub-paragraph (i) insert - ia whether the account is a continuing account of a deceased investor; . 7 in regulation 21a(3)(b) (further requirements relating to transfers between cash accounts) - a in sub-paragraph (iiia) omit "and"; and b after sub-paragraph (iv) insert - v whether the account is a continuing account of a deceased investor; and . 8 in regulation 31(returns of information by account manager) - a in paragraph (1) for "and (7a)" substitute ", (7a) and (7b)"; and b after paragraph (7a) insert - 7b the information specified in this paragraph is the total number of continuing accounts of a deceased investor. . 9 after regulation 34 (capital gains tax- adaptation of enactments) insert - capital gains tax-administration-period investment 34a for the purposes of capital gains tax - a on the occasion when title to an administration-period investment is transferred from the personal representatives to a legatee, the legatee is to be treated as having acquired the investment on the date of transfer and for a consideration equal to its market value on such date; and b on the occasion when title to an investment is transferred from the personal representatives to a legatee after the end of the period in respect of which it was an administration-period investment, there shall be deemed to be a disposal and reacquisition by the personal representatives of that investment at the end of that period and for a consideration equal to its market value at such time and the legatee is to be treated as having acquired the investment for such consideration on the date of transfer. . mark spencer heather wheeler two of the lords commissioners of her majesty's treasury 13th november 2017

citation and commencement 1 1 this order may be cited as the allerdale (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 articles 3 and 4 come into force - a for the purpose of proceedings preliminary, or relating, to the election of councillors, on the day after the day on which it is made; b for all other purposes, on the ordinary day of election of councillors in 2019. interpretation 2 1 in this order "the map" means the map marked "map referred to in the allerdale (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 borough of allerdale and number of councillors 3 1 the existing wards of the borough of allerdale are abolished. 2 the borough of allerdale is divided into 23 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 maryport and workington 4 1 the existing wards of the parishes of maryport and workington are abolished. 2 the parish of maryport is divided into the seven parish wards listed in the first column of table 1 in schedule 2. 3 the parish of workington is divided into the 11 parish wards listed in the first column of table 2 in schedule 2 4 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 5 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 5th november 2017

part 1 introductory provisions citation and commencement 1 1 these regulations may be cited as the data reporting services regulations 2017. 2 these regulations come into force - a on 3rd july 2017 for the purposes of - i enabling applications to be made and determined under regulations 7 and 8; ii enabling the fca to give guidance under regulation 20; iii enabling the fca to prepare and issue a statement of policy under regulation 27; iv regulations 19 (co-operation), 29 (offence of misleading the fca), 33 (application of part 11 of the act: information gathering and investigations), 35 (restrictions on disclosure of information), 37 (application of part 26 of the act: notices), 38 (application of part 27 of the act: offences) and 42 (disclosure of confidential information); and v regulation 40 (penalties, fees and exemption from liability in damages) in so far as it relates to a matter referred to in paragraph (i), (ii), (iii) or (iv); b for all other purposes on 3rd january 2018. interpretation 2 1 in these regulations - "the act" means the financial services and markets act 2000 ; " apa " means a person authorised under regulation 10 to provide the service of publishing trade reports on behalf of investment firms pursuant to articles 20 and 21 of the markets in financial instruments regulation; "arm" means a person authorised under regulation 10 to provide the service of reporting details of transactions to competent authorities or to esma on behalf of investment firms; "authorised person" has the meaning given in section 31(2) of the act; "credit institution" has the meaning given in article 4.1.27 of the markets in financial instruments directive; "ctp" means a person authorised under regulation 10 to provide the service of collecting trade reports for financial instruments listed in articles 6, 7, 10, 12, 13, 20 and 21 of the markets in financial instruments regulation from regulated markets, multilateral trading facilities, organised trading facilities and apas and consolidating them into a continuous electronic live data stream providing price and volume data per financial instrument; "data reporting service" means - the service of publishing trade reports on behalf of investment firms pursuant to articles 20 and 21 of the markets in financial instruments regulation; the service of reporting details of transactions to competent authorities or to esma on behalf of investment firms; or the service of collecting trade reports for financial instruments listed in articles 6, 7, 10, 12, 13, 20 and 21 of the markets in financial instruments regulation from regulated markets, multilateral trading facilities, organised trading facilities and apas and consolidating them into a continuous electronic live data stream providing price and volume data per financial instrument; "data reporting service provider" means an apa, an arm or a ctp; "esma" means the european securities and markets authority established by regulation ( eu ) no 1095/2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority (european securities and markets authority) ; "the fca" means the financial conduct authority; "financial instrument" has the meaning given in article 4.1.15 of the markets in financial instruments directive; "home member state" has the meaning given in article 4.1.55(c) of the markets in financial instruments directive; "investment firm" has the meaning given in article 4.1.1 of the markets in financial instruments directive, but does not include a person to whom that directive does not apply by virtue of article 2 of that directive; "management body" in relation to a data reporting service provider means - the board of directors, or if there is no such board, the equivalent body responsible for the management of the data reporting service provider; and any other person who effectively directs the business of the provider; "the markets in financial instruments directive" means directive 2014/65/eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments (recast) ; "the markets in financial instruments regulation" means regulation (eu) no 600/2014 of the european parliament and of the council of 15 may 2014 on markets in financial instruments ; "multilateral trading facility" has the meaning given in article 4.1.22 of the markets in financial instruments directive; "organised trading facility" has the meaning given in article 4.1.23 of the markets in financial instruments directive; "overseas clearing house" and "overseas investment exchange" have the meanings given in section 313(1) of the act ; "the pra" means the prudential regulation authority; "pra-authorised person" has the meaning given in section 2b(5) of the act ; "recognised body" has the meaning given in section 313(1) of the act, but does not include - an overseas investment exchange, or an overseas clearing house; "recognised clearing house" has the meaning given in section 285(1)(b) of the act but does not include an overseas clearing house; "recognised csd" means a legal person established in the united kingdom who is authorised by the bank of england for the purposes of article 16 of regulation (eu) no 909/2014 of the european parliament and of the council of 23 july 2014 on improving securities settlement in the european union and on central securities depositories ; "recognised investment exchange" has the meaning given in section 285(1)(a) of the act, but does not include an overseas investment exchange; "recognition order" has the meaning given in section 313(1) of the act; "register" means the register maintained by the fca under regulation 6; "regulated market" has the meaning given in article 4.1.21 of the markets in financial instruments directive; "senior management" has the meaning given in article 4.1.37 of the markets in financial instruments directive; "systematic internaliser" has the meaning given in article 4.1.20 of the markets in financial instruments directive; "trading venue" has the meaning given in article 4.1.24 of the markets in financial instruments directive; "the tribunal" means the upper tribunal; "working day" means any day other than a saturday, a sunday, christmas day, good friday or a day which is a bank holiday under the banking and financial dealings act 1971 in any part of the united kingdom. 2 in this regulation, a "person authorised under regulation 10" includes a person whose compliance with title v of the markets in financial instruments directive has been verified by the fca under regulation 8. 3 for the purposes of these regulations, a person is established in the united kingdom if it is - a a natural person and its head office is situated in the united kingdom; or b a body corporate and its registered office is situated in the united kingdom. ctp definition and conditions 3 1 the following definitions in regulation 2(1) apply as if they do not include reference to articles 10 and 21 of the markets in financial instruments regulation until 3rd september 2019 - a the definition of "ctp", and b paragraph (c) of the definition of "data reporting service". 2 the conditions for a ctp in regulation 15 apply as if paragraphs (5) to (8) were not included until 3rd september 2019. directly applicable eu regulations 4 1 in these regulations, a reference to an article of the markets in financial instruments regulation includes a reference to any directly applicable eu regulation made under that article. 2 in parts 4 and 5 any reference to a requirement imposed by or under these regulations includes a reference to a requirement imposed on a person to whom these regulations apply under - a a directly applicable eu regulation made under the markets in financial instruments directive or the markets in financial instruments regulation; and b the markets in financial instruments regulation. part 2 authorisation of data reporting services prohibition on provision of data reporting service 5 1 a person must not provide a data reporting service in the united kingdom as a regular occupation or business unless the person is - a acting in accordance with an authorisation to provide a data reporting service granted under these regulations; b an investment firm which is operating a multilateral trading facility or an organised trading facility where the fca has verified in accordance with article 59.2 of the markets in financial instruments directive that the firm complies with title v of that directive; c a credit institution which is operating a multilateral trading facility or an organised trading facility where the fca has verified in accordance with article 59.2 of the markets in financial instruments directive that the firm complies with title v of that directive; d a recognised investment exchange operating a trading venue where the fca has verified in accordance with article 59.2 of the markets in financial instruments directive that the firm complies with title v of that directive; or e a person who is - i established in an eea state other than the united kingdom; and ii authorised in its home member state in accordance with title v of the markets in financial instruments directive or is permitted to provide a data reporting service in accordance with article 59.2 of that directive. 2 a person who breaches this regulation is to be taken to have contravened a requirement imposed on it under these regulations. register of data reporting service providers 6 1 the fca must maintain a register of all persons - a it has authorised to provide a data reporting service under these regulations, or b whose compliance with title v of the markets in financial instruments directive it has verified in accordance with article 59.2 of that directive. 2 the fca must - a publish the register online and make it available for public inspection; b ensure that the register contains information on the services which persons on the register are authorised to provide; and c update the register on a regular basis. application for authorisation to provide a data reporting service 7 1 an application for authorisation to provide a data reporting service must be made to the fca and contain, or be accompanied by, all the information required to demonstrate that the applicant meets the obligations under these regulations for the data reporting service the applicant wishes to provide. 2 an application made under paragraph (1) must be made in such manner as the fca may direct. 3 at any time after receiving an application and before determining it the fca may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application. 4 the fca may give different directions, and may impose different requirements, in relation to different applications or categories of application. 5 the information referred to in paragraph (1) must be provided in accordance with any regulatory technical standards and implementing technical standards adopted by the european commission under article 61.4 or 61.5 of the markets in financial instruments directive. application for verification of compliance with title v of the markets in financial instruments directive 8 1 regulation 7 applies to an application in accordance with article 59.2 of the markets in financial instruments directive to the fca for verification of compliance with title v of that directive as it applies to an application for authorisation to provide a data reporting service. 2 where the fca verifies that an investment firm, credit institution or recognised investment exchange complies with title v of the markets in financial instruments directive, it must record the data reporting service to which the verification relates - a in the case of an investment firm or a credit institution (including a pra-authorised person), in the firm's permission under part 4a of the act; and b in the case of a recognised investment exchange, in the exchange's recognition order. 3 if the fca decides to verify that an investment firm, credit institution or recognised investment exchange complies with title v of the markets in financial instruments directive, it must give the applicant notice of its decision specifying the data reporting services the verification relates to. 4 the notice must state the date on which the verification takes effect. 5 if the fca proposes to refuse an application, it must give the applicant a warning notice. 6 the fca must, having considered any representations made in response to the warning notice - a if it decides to grant the application, give the applicant notice of its decision complying with paragraphs (3) and (4); or b if it refuses the application, give the applicant a decision notice. 7 if the fca decides to refuse the application, the applicant may refer the matter to the tribunal. 8 the fca must notify esma of every verification under paragraph (2). 9 regulation 11 applies to a verification under paragraph (2) as it applies to an authorisation to provide a data reporting service, as if for paragraph (1) there were substituted - 1 the fca may cancel a person's verification under regulation 8(2) - a where the person no longer complies with title v of the markets in financial instruments directive, or b where the person requests, or consents to, the cancellation of the verification. . 10 regulation 12(1) to (8) applies to a verification under paragraph (2) as it applies to an authorisation to provide a data reporting service. 11 where the fca cancels or varies a verification under paragraph (2) - a in the case of an investment firm or a credit institution (including a pra-authorised person), it must amend the firm's permission under part 4a of the act accordingly; and b in the case of a recognised investment exchange, it must amend the exchange's recognition order accordingly. conditions for authorisation to provide a data reporting service 9 1 the fca may only grant an application for authorisation to provide a data reporting service if - a the applicant has complied with all directions and requirements under regulation 7; b the applicant is established in the united kingdom, or, in the case of an applicant the head office of which is not located in the european union, the applicant has established a branch in the united kingdom; c the fca is satisfied that the applicant complies with all the requirements of - i these regulations, ii the markets in financial instruments regulation, iii the directly applicable eu regulations made under the markets in financial instruments directive or the markets in financial instruments regulation, applicable to the applicant; and d the fca is satisfied that the persons who effectively direct the business of the applicant are of sufficiently good repute. 2 in this regulation, "branch" means a place of business other than the head office which is part of the applicant, which has no legal personality and which provides a data reporting service. determination of an application for authorisation to provide a data reporting service 10 1 the fca must determine an application for an authorisation to provide a data reporting service before the end of the period of six months beginning with the date on which it received the completed application. 2 the fca may determine an incomplete application if it considers it is appropriate to do so. 3 the applicant may withdraw its application, by giving the fca notice, at any time before the fca determines it. 4 the fca may grant authorisation to carry out the data reporting services to which the application relates or such of them as may be specified in the authorisation. 5 the fca may, subject to paragraphs (8) and (9), grant authorisation subject to the imposition of such restrictions on the applicant, taking effect from the grant of authorisation, as it considers appropriate. 6 if the fca decides to grant an application for authorisation, it must give the applicant notice of its decision specifying - a which data reporting services the applicant has been granted authorisation to provide; and b any restrictions imposed under paragraph (5), described in such manner as the fca considers appropriate. 7 the notice must state the date on which the authorisation takes effect. 8 if the fca proposes to - a impose a restriction on the applicant; or b refuse an application, it must give the applicant a warning notice. 9 the fca must, having considered any representations made in response to the warning notice - a if it decides to grant authorisation without imposing restrictions, give the applicant notice of its decision complying with paragraphs (6) and (7); b if it decides to grant authorisation subject to the imposition of restrictions on the applicant, give the applicant a decision notice; or c if it refuses the application, give the applicant a decision notice. 10 if the fca decides to - a grant authorisation subject to the imposition of restrictions on the applicant; or b refuse the application, the applicant may refer the matter to the tribunal. 11 the fca must notify esma of every authorisation it grants. cancellation of an authorisation to provide a data reporting service 11 1 the fca may cancel a person's authorisation to provide a data reporting service and remove the person from the register where - a the person does not provide any of the data reporting services which the person is authorised to provide within 12 months beginning with the date on which the authorisation took effect; b the person requests, or consents to, the cancellation of the authorisation; c the person has provided no data reporting service for the preceding six months; d the person has obtained the authorisation through false statements or other irregular means; e the person no longer meets the conditions under which the authorisation was granted; f the person is not established in the united kingdom; g the fca is not satisfied the persons who effectively direct the business of the person are of sufficiently good repute; h the person has seriously and systematically infringed the provisions of - i these regulations, ii the markets in financial instruments directive, iii the markets in financial instruments regulation, iv a directly applicable eu regulation made under the markets in financial instruments directive or the markets in financial instruments regulation. 2 a request made under paragraph (1)(b) must be made in such manner as the fca may direct. 3 the fca may refuse a request under paragraph (1)(b). 4 the fca must give a person a warning notice where the fca proposes - a to cancel a person's authorisation, other than at the person's request, or b to refuse a request under paragraph (1)(b). 5 the fca must, having considered any representations made in response to the warning notice - a give the person notice of its decision if it decides - i not to cancel the authorisation, or ii to agree the request under paragraph (1)(b); or b give the person a decision notice if it decides - i to cancel the authorisation, or ii to refuse the request under paragraph (1)(b). 6 the person may refer the matter to the tribunal if the fca decides - a to cancel the authorisation, other than at the person's request, or b to refuse the request under paragraph (1)(b). 7 where the period for a reference to the tribunal has expired without a reference being made, the fca must as soon as practicable update the register accordingly. variation of an authorisation to provide data reporting services 12 1 a data reporting service provider may apply to the fca to vary its authorisation to enable it to provide one or more additional data reporting services or to remove one or more data reporting services ("an application for a variation"). 2 an application for a variation must be made in such manner as the fca may direct. 3 if the fca proposes to refuse a person's application for a variation it must give the person a warning notice. 4 if the fca, having considered any representations made in response to the warning notice, refuses a person's application for a variation, it must give the person a decision notice. 5 if the fca, having considered any representations made in response to the warning notice, decides to grant a person's application for a variation, it must give the person notice of its decision. 6 if the fca refuses a person's application for a variation the person may refer the matter to the tribunal. 7 where the period for a reference to the tribunal has expired without a reference being made, the fca must as soon as practicable update the register accordingly. 8 the fca may wholly or partly cancel a variation of a person's authorisation where the person requests, or consents to, the cancellation. 9 in this regulation, "authorisation" means an authorisation under regulation 10. part 3 operating requirements requirements for the management body of a data reporting service provider 13 1 the following requirements apply in respect of the management body of a data reporting service provider - a the management body must possess adequate collective knowledge, skills and experience to be able to understand the activities of the data reporting service provider; b the members of the management body must - i be of sufficiently good repute; ii possess sufficient knowledge, skill and experience, and commit sufficient time, to perform their duties; and iii act with honesty, integrity and independence of mind - aa to effectively challenge the decisions of the senior management where necessary; and bb to effectively oversee and monitor management decision-making where necessary; c the management body must - i define and oversee the implementation of governance arrangements of the data reporting service provider to ensure the effective and prudent management of the provider including the segregation of duties in the provider and the prevention of conflicts of interest; ii when doing so act in a manner that promotes the integrity of the financial markets and the interests of its clients. 2 in paragraph (1), "data reporting service provider" includes an applicant for authorisation under regulation 10. 3 where - a an applicant for authorisation under regulation 10 is a recognised investment exchange; and b the management body of the applicant is the same as the management body of the exchange, the requirements in paragraph (1)(a) and (b) are deemed to be met. conditions for an apa 14 1 an apa must have adequate policies and arrangements in place to make public the information required under articles 20 and 21 of the markets in financial instruments regulation in as close to real time as is technically possible on a reasonable commercial basis. 2 the information mentioned in paragraph (1) must be made available by the apa free of charge 15 minutes after the apa has first published it. 3 the apa must be able to efficiently and consistently disseminate the information referred to in paragraph (1) - a in a way which ensures fast access to the information on a non-discriminatory basis; and b in a format that facilitates the consolidation of the information with similar data from other sources. 4 the information mentioned in paragraph (1) must include the following details - a the identifier of the financial instrument; b the price at which the transaction was concluded; c the volume of the transaction; d the time of the transaction; e the time the transaction was reported; f the price notation of the transaction; g the code for the trading venue the transaction was executed on or, where the transaction was executed on a systematic internaliser, the code ' si ' or, otherwise, 'otc'; and h if applicable, an indicator that the transaction was subject to specific conditions. 5 an apa must - a operate and maintain effective administrative arrangements designed to prevent conflicts of interest with its clients; b have sound security mechanisms in place designed to - i guarantee the security of the means of the transfer of information; ii minimise the risk of data corruption and unauthorised access; and iii prevent information leakage before publication; c maintain adequate resources and have back-up facilities in order to offer and maintain its services at all times; and d have systems which can effectively - i check trade reports for completeness; ii identify omissions and obvious errors; and iii request re-transmission of any erroneous reports. 6 an apa which is also a recognised investment exchange or an investment firm must treat all information collected in a non-discriminatory fashion and must operate and maintain appropriate arrangements to separate different business functions. 7 an apa must meet its obligations under this regulation in accordance with - a regulatory technical standards adopted by the european commission under article 64.6 and 64.8 of the markets in financial instruments directive; and b delegated acts adopted by the european commission under article 64.7 of that directive. conditions for a ctp 15 1 a ctp must have adequate policies and arrangements in place to - a collect the information made public in accordance with articles 6 and 20 of the markets in financial instruments regulation; b consolidate that information into a continuous electronic data stream; and c make that information available to the public in as close to real time as is technically possible on a reasonable commercial basis. 2 the information mentioned in paragraph (1) must be made available by the ctp free of charge 15 minutes after the ctp has first published it. 3 the ctp must be able to efficiently and consistently disseminate the information referred to in paragraph (1) in a way which - a ensures fast access to the information on a non-discriminatory basis; and b is in a format that is easily accessible and utilisable for market participants. 4 the information mentioned in paragraph (1) must include the following details - a the identifier of the financial instrument; b the price at which the transaction was concluded; c the volume of the transaction; d the time of the transaction; e the time the transaction was reported; f the price notation of the transaction; g the code for the trading venue the transaction was executed on or, where the transaction was executed on a systematic internaliser, the code 'si' or, otherwise, 'otc'; h where applicable, the fact that a computer algorithm within the investment firm was responsible for the investment decision and the execution of the transaction; i if applicable, an indicator that the transaction was subject to specific conditions; and j if the obligation to make public the information referred to in article 3.1 of the markets in financial instruments regulation was waived in accordance with article 4.1(a) or (b) of that regulation, a flag to indicate which of those waivers the transaction was subject to. 5 a ctp must have adequate policies and arrangements in place to - a collect the information made public in accordance with articles 10 and 21 of the markets in financial instruments regulation; b consolidate that information into a continuous electronic data stream; and c make that information available to the public in as close to real time as is technically possible on a reasonable commercial basis. 6 the information mentioned in paragraph (5) must be made available by the ctp free of charge 15 minutes after the ctp has first published it. 7 the ctp must be able to efficiently and consistently disseminate the information referred to in paragraph (5) in a way which - a ensures fast access to the information on a non-discriminatory basis; and b is in a generally accepted format that is interoperable, easily accessible and utilisable for market participants. 8 the information mentioned in paragraph (5) must include the following details - a the identifier or identifying features of the financial instrument; b the price at which the transaction was concluded; c the volume of the transaction; d the time of the transaction; e the time the transaction was reported; f the price notation of the transaction; g the code for the trading venue the transaction was executed on or, where the transaction was executed on a systematic internaliser, the code 'si', or otherwise, 'otc'; and h if applicable, an indicator that the transaction was subject to specific conditions. 9 a ctp must ensure that the data it makes available publicly is consolidated - a from all regulated markets, multilateral trading facilities, organised trading facilities and apas; and b for the financial instruments, specified in regulatory technical standards adopted by the european commission under article 65.8(c) of the markets in financial instruments directive. 10 a ctp must - a operate and maintain effective administrative arrangements designed to prevent conflicts of interest with its clients; b have sound security mechanisms in place designed to - i guarantee the security of the means of the transfer of information; and ii minimise the risk of data corruption and unauthorised access; and c maintain adequate resources and have back-up facilities in order to offer and maintain its services at all times. 11 a recognised investment exchange or an apa which is also a ctp must treat all information collected in a non-discriminatory fashion and must operate and maintain appropriate arrangements to separate different business functions. 12 a ctp must meet its obligations under this regulation in accordance with - a regulatory technical standards adopted by the european commission under article 65.6 and 65.8 of the markets in financial instruments directive; and b delegated acts adopted by the european commission under article 65.7 of that directive. conditions for an arm 16 1 an arm must have adequate policies and arrangements in place to provide the service to an investment firm of reporting the information required from that firm under article 26 of the markets in financial instruments regulation as quickly as possible and no later than 11.59pm on the working day following the day on which the transaction took place. 2 the information mentioned in paragraph (1) must be reported in accordance with article 26 of the markets in financial instruments regulation. 3 an arm must - a operate and maintain effective administrative arrangements designed to prevent conflicts of interest with its clients; b have sound security mechanisms in place designed to - i guarantee the security and authentication of the means of the transfer of information; ii minimise the risk of data corruption and unauthorised access; iii prevent information leakage; and iv maintain the confidentiality of the data at all times; c maintain adequate resources and have back-up facilities in order to offer and maintain its services at all times; and d have systems which - i effectively check transaction reports for completeness; ii identify omissions and obvious errors caused by the investment firm; iii communicate details of such omissions or errors to the investment firm and request re-transmission of erroneous reports; iv detect omissions or errors caused by the arm itself; and v enable the arm to correct and transmit, or retransmit, correct and complete transaction reports to the fca. 4 an arm which is also a recognised investment exchange or an investment firm must treat all information collected in a non-discriminatory fashion and must operate and maintain appropriate arrangements to separate different business functions. 5 an arm must meet its obligations under this regulation in accordance with regulatory technical standards adopted by the european commission under article 66.5 of the markets in financial instruments directive. part 4 administration and enforcement chapter 1 the fca functions of the fca functions of the fca 17 1 the fca is the competent authority for the purposes of title v of the markets in financial instruments directive. 2 the fca has the functions conferred on it by these regulations. 3 in determining the general policy and principles by reference to which it performs particular functions under these regulations, and giving general guidance under these regulations, the fca must, so far as is reasonably possible, act in a way which - a is compatible with its strategic objective as defined in section 1b(2) of the act (the fca's general duties); and b advances one or more of its operational objectives as defined in section 1b(3) of the act. 4 for the purposes of section 1b as applied by paragraph (3), section 1f of the act must be read as if "relevant markets" includes the market for data reporting services. monitoring and enforcement 18 1 the fca must maintain arrangements designed to enable it to determine whether persons on whom requirements are imposed by or under these regulations are complying with them. 2 the fca must also maintain arrangements for enforcing the provisions of these regulations. co-operation and consultation 19 1 the fca must take such steps as it considers appropriate to co-operate with persons who have functions similar to the functions of the fca under these regulations. 2 the fca must consult the bank of england before - a authorising a recognised clearing house or a recognised csd to provide a data reporting service; b varying or cancelling a recognised clearing house's or a recognised csd's authorisation to provide a data reporting service; c imposing, varying or withdrawing a restriction on a recognised clearing house's or a recognised csd's authorisation to provide a data reporting service under regulation 22; d publishing a statement under regulation 23 in relation to a contravention by a recognised clearing house or a recognised csd; e imposing a penalty under regulation 24 in relation to a contravention by a recognised clearing house or a recognised csd; f appointing a person to prepare a report under section 166(3)(b) of the act (reports by skilled persons) as applied by regulation 33 in relation to a recognised clearing house or a recognised csd; g exercising a power under section 166a(2) of the act (appointment of skilled person to collect and update information) as applied by regulation 33 in relation to a recognised clearing house or a recognised csd; h appointing a person to carry out an investigation under section 167(1) of the act (appointment of persons to carry out general investigations) as applied by regulation 33 in relation to a recognised clearing house or a recognised csd; i appointing a person to carry out an investigation under section 168(3) of the act (appointment of persons to carry out investigations in particular cases) as applied by regulation 33 in relation to a recognised clearing house or a recognised csd; j appointing a person to carry out an investigation under section 169(1)(b) of the act (investigations etc. in support of overseas regulator) as applied by regulation 33 in relation to a recognised clearing house or a recognised csd. guidance 20 1 the fca may give guidance consisting of such information and advice as it considers appropriate with respect to - a the operation of these regulations; b any matters relating to the functions of the fca under these regulations; or c any other matters about which it appears to the fca to be desirable to give information or advice in connection with these regulations. 2 the fca may - a publish its guidance; b offer copies of its published guidance for sale at a reasonable price; and c if it gives guidance in response to a request made by any person, make a reasonable charge for that guidance. 3 section 139b of the act (notification of fca guidance to the treasury) applies with respect to guidance given by the fca under this regulation as it applies with respect to guidance given by the fca under section 139a of the act (power of the fca to give guidance) as if - a for subsection (5) there were substituted - 5 "general guidance" means guidance given by the fca under the data reporting services regulations 2017 which is - a given to persons generally or to data reporting services providers generally, b intended to have continuing effect, and c given in writing or other legible form. ; b subsection (6) were omitted. reporting requirements 21 1 a data reporting service provider must provide the fca with such information in respect of its compliance or non-compliance with any requirement imposed by or under these regulations as the fca may direct. 2 the information required to be given under this regulation must be provided at such times, in such form, and verified in such manner, as the fca may direct. 3 if at any time a data reporting service provider considers that it is unable to comply with a requirement imposed by or under these regulations, it must as soon as reasonably practicable notify the fca of that fact, including the reasons why it is unable to comply. restrictions on authorisation restrictions on authorisation to carry on data reporting services 22 1 if the fca considers that a data reporting service provider ("p") has contravened a requirement imposed by or under these regulations, it may impose, for such period as it considers appropriate, such restrictions in relation to the carrying on of data reporting services by p as it considers appropriate. 2 if the fca considers that there are objective and demonstrable grounds for believing that a change or proposed change to the management of p poses a threat to the sound and prudent management of p, to the adequate consideration of the interests of its clients or to the integrity of the market, it may impose, for such period as it considers appropriate, such restrictions in relation to the carrying on of data reporting services by p as it considers appropriate. 3 a restriction may, in particular, be imposed so as to require p to take, or refrain from taking, specified action. 4 the fca may - a withdraw a restriction; or b vary a restriction so as to reduce the period for which it has effect or otherwise to limit its effect. 5 the power under this regulation may (but need not) be exercised so as to have effect in relation to all the data reporting services that p carries on. 6 where the fca proposes to impose a restriction under this regulation, section 55y of the act (exercise of own-initiative power: procedure) applies as if - a each reference to either regulator's own-initiative variation power or own-initiative requirement power were a reference to the fca's power to impose a restriction under this regulation; b each reference to the regulator were a reference to the fca, and each reference to either regulator were a reference to the fca only; c each reference to an authorised person were a reference to p; d each reference to a variation of permission, or the imposition or variation of a requirement, were a reference to a restriction imposed on an authorisation granted under these regulations to p; and e the reference in subsection (12) to section 391(8) were a reference to section 391(8) as applied by these regulations. administrative sanctions public censure 23 1 if the fca considers that - a a relevant person has contravened a requirement imposed by or under these regulations, b a member of the management body of a relevant person is responsible for the contravention by the relevant person of a requirement imposed by or under these regulations, or c another member of the senior management of a relevant person is responsible for the contravention by the relevant person of a requirement imposed by or under these regulations, the fca may publish a statement to that effect. 2 in this regulation, "relevant person" means - a a data reporting service provider, b an authorised person who is not a data reporting service provider, c a recognised body which is not a data reporting service provider, or d a recognised csd which is not a data reporting service provider. financial penalties 24 1 if the fca considers that a relevant person has contravened a requirement imposed by or under these regulations, it may impose a penalty of such amount as it considers appropriate on - a the relevant person; b a member of the management body of the relevant person if the fca considers the member is responsible for the contravention; c another member of the senior management of the relevant person if the fca considers the member is responsible for the contravention. 2 a penalty imposed under this regulation is payable to the fca and may be recovered as a debt owed to the fca. 3 in this regulation, "relevant person" means - a a data reporting service provider, b an authorised person who is not a data reporting service provider, c a recognised body which is not a data reporting service provider, or d a recognised csd which is not a data reporting service provider. warning notice 25 1 if the fca proposes to - a publish a statement in respect of a person under regulation 23; or b impose a penalty on a person under regulation 24, it must give the person a warning notice. 2 a warning notice about a proposal to publish a statement must set out the terms of the statement. 3 a warning notice about a proposal to impose a penalty must state the amount of the penalty. decision notice 26 1 if, having considered any representations made in response to the warning notice, the fca decides to - a publish a statement under regulation 23 (whether or not in the terms proposed); or b impose a penalty under regulation 24 (whether or not of the amount proposed), it must without delay give the person concerned a decision notice. 2 in the case of a statement, the decision notice must set out the terms of the statement. 3 in the case of a penalty, the decision notice must state the amount of the penalty. 4 if the fca decides to - a publish a statement in respect of a person under regulation 23; or b impose a penalty on a person under regulation 24, the person may refer the matter to the tribunal. 5 after a statement under regulation 23 is published, the fca must send a copy of it to the person concerned and to any person to whom a copy of the decision notice was given under section 393(4) of the act (third party rights) (as applied by regulation 37). statements of policy 27 1 the fca must prepare and issue a statement of policy with respect to - a the imposition of penalties under regulation 24; and b the amount of penalties under that regulation. 2 the fca's policy in determining what the amount of a penalty should be must include having regard to - a the seriousness of the contravention in question in relation to the nature of the requirement contravened; b the extent to which that contravention was deliberate or reckless; and c whether the person against whom action is to be taken is an individual. 3 the fca may at any time alter or replace a statement issued by it under this regulation. 4 if a statement issued under this regulation is altered or replaced by the fca, the fca must issue the altered or replacement statement. 5 the fca must, without delay, give the treasury a copy of any statement which it issues under this regulation. 6 a statement issued under this regulation by the fca must be published by the fca in the way appearing to the fca to be best calculated to bring it to the attention of the public. 7 the fca may charge a reasonable fee for providing a person with a copy of the statement. 8 in exercising, or deciding whether to exercise, its power under regulation 24 in the case of any particular contravention, the fca must have regard to any statement of policy published by it under this regulation and in force at the time when the contravention in question occurred. statements of policy: procedure 28 1 before the fca issues a statement under regulation 27, the fca must publish a draft of the proposed statement in the way appearing to the fca to be best calculated to bring it to the attention of the public. 2 the draft must be accompanied by a notice that representations about the proposal may be made to the regulator within a specified time. 3 before issuing the proposed statement the fca must have regard to any representations made to it in accordance with paragraph (2). 4 if the fca issues the proposed statement it must publish an account, in general terms, of - a the representations made to in accordance with paragraph (2); and b its response to them. 5 if the statement differs from the draft published under paragraph (1) in a way which is, in the opinion of the fca, significant, the fca must (in addition to complying with paragraph (4)) publish details of the difference. 6 the fca may charge a reasonable fee for providing a person with a copy of a draft published by it under paragraph (1). 7 this regulation also applies to a proposal to alter or replace a statement. offences misleading the fca 29 1 a person must not, for the purposes of compliance or purported compliance with a requirement imposed by or under these regulations knowingly or recklessly give the fca information which is false or misleading in a material particular. 2 a person must not provide information to another person - a knowing; or b being reckless as to whether, the information is false or misleading in a material particular and knowing that the information is to be provided to, or to be used for the purposes of providing information to, the fca in connection with the discharge of its functions under these regulations. 3 a person who contravenes paragraph (1) or (2) is guilty of an offence. 4 a person guilty of an offence under this regulation is liable - a on summary conviction - i in england and wales, to a fine; ii in scotland or northern ireland, to a fine not exceeding the statutory maximum; or b on conviction on indictment, to a fine. breach of the prohibition on provision of data reporting service 30 1 unless paragraph (2) applies, a person who breaches regulation 5(1) is guilty of an offence. 2 this regulation does not apply to - a an authorised person; b a recognised body; c a recognised csd. 3 a person guilty of an offence under this regulation is liable - a on summary conviction - i in england and wales, to a fine; ii in scotland or northern ireland, to a fine not exceeding the statutory maximum; or b on conviction on indictment, to a fine. restriction on penalties 31 1 a person who is convicted of an offence under these regulations or under the act as applied by these regulations is not subsequently liable to a penalty under regulation 24 in respect of the same acts or omissions that constituted the offence. 2 a person who is liable to a penalty under regulation 24 is not subsequently liable for an offence under these regulations in respect of the same acts or omissions that constituted the contravention of a requirement imposed by or under these regulations for the purposes of that penalty. chapter 2 application of the act for the purposes of the regulations application of part 9 of the act (hearings and appeals) 32 1 part 9 of the act (hearings and appeals) applies with respect to proceedings pursuant to references to the tribunal under these regulations and under the act as applied by these regulations ("relevant proceedings") as it applies with respect to proceedings pursuant to references to the tribunal under that act, with the following modifications. 2 section 133 of the act (proceedings before the tribunal: general provision) applies as if - a in subsection (1) - i "(whether made under this or any other act)" were omitted; ii in paragraph (a) "or the pra" were omitted; iii paragraphs (b) and (c) were omitted; b in subsection (2) ", (b) or (c)" were omitted; c in subsection (5) the reference to section 393(11) were a reference to section 393(11) as applied by these regulations; d for subsection (7a) there were substituted - 7a a reference is a "disciplinary reference" for the purposes of this section if it is in respect of either of the following decisions - a a decision to publish a statement under regulation 23 of the data reporting services regulations 2017; b a decision to impose a penalty under regulation 24 of those regulations. . 3 section 133a of the act (proceedings before tribunal: decision and supervisory notices, etc.) applies as if - a for subsection (1) there were substituted - 1 in determining in accordance with section 133(5) (as applied by the data reporting services regulations 2017) a reference made as a result of a decision notice given by the fca, the tribunal may not direct the fca to take action which it would not, under the data reporting services regulations 2017, have had power to take when giving the notice. ; b in subsection (5) "or the pra" were omitted. 4 section 133b of the act (offences) applies as if in subsection (1) - a in paragraph (a) "or the pra" were omitted; b paragraphs (b) and (c) were omitted. application of part 11 of the act (information gathering and investigations) 33 1 part 11 of the act (information gathering and investigations) applies with respect to the discharge by the fca of its functions under these regulations as it applies with respect to the discharge by the fca of its functions under the act, with the following modifications. 2 part 11 of the act applies as if - a each reference to the act included a reference to these regulations; b each reference to a section or part of, or schedule to, the act were a reference to that section, part or schedule as applied by these regulations; c each reference to an authorised person were a reference to a data reporting service provider; d each reference to the pra were omitted; e each reference to a regulator were a reference to the fca, and each reference to either regulator were a reference to the fca only. 3 section 165 of the act (regulators' power to require information: authorised persons etc.) applies as if subsections (4)(b), (7)(b) to (e) and (8a) were omitted. 4 sections 165a (pra's power to require information: financial stability), 165b (safeguards etc. in relation to exercise of power under section 165a) and 165c (orders under section 165a(2)(d)) of the act do not apply. 5 section 166 of the act (reports by skilled persons) applies as if subsections (10) and (11) were omitted. 6 section 166a of the act (appointment of skilled person to collect and update information) applies as if - a for subsection (1) there were substituted - 1 this section applies if the fca considers that a person has contravened a requirement imposed by or under the data reporting services regulations 2017 to collect, and keep up to date, information of a description specified in those regulations. ; b subsection (10) were omitted. 7 section 167 of the act (appointment of persons to carry out general investigations) applies as if - a for subsection (1) there were substituted - 1 if it appears to the fca that there is good reason for doing so, the fca may appoint one or more competent persons to conduct an investigation on its behalf into - a the nature, conduct or state of the business of a person in respect of whom a requirement is imposed by or under the data reporting services regulations 2017 ("a person subject to the 2017 regulations"); b a particular aspect of that business; or c the ownership or control of a person subject to the 2017 regulations. ; b subsections (2)(c) and (3a) were omitted; c for subsection (4) there were substituted - 4 the power conferred by this section may be exercised in relation to a person who was formerly a person subject to the 2017 regulations but only in relation to - a business carried on when the person was a person subject to the 2017 regulations; or b the ownership or control of a person who was formerly a person subject to the 2017 regulations at any time when the person was a person subject to the 2017 regulations. ; d subsections (5a) and (6) were omitted. 8 section 168 of the act (appointment of persons to carry out investigations in particular cases) applies as if - a for subsection (1) there were substituted - 1 subsection (3) applies if it appears to the fca that there are circumstances suggesting that - a a data reporting service provider may have contravened a requirement imposed by or under the data reporting services regulations 2017; b an authorised person who is not a data reporting service provider may have contravened a requirement imposed by or under those regulations; c a recognised body or a recognised csd which is not a data reporting service provider may have contravened a requirement imposed by or under those regulations; d a member of the management body of a person referred to in paragraph (a), (b) or (c) or another member of the senior management of a person referred to in paragraph (a), (b) or (c) may be responsible for the contravention of a requirement imposed by or under those regulations; or e a person may be guilty of an offence under those regulations or under this act as applied by those regulations. ; b subsections (2), (4) and (5) were omitted; c for subsection (6) there were substituted - 6 "investigating authority" means the fca. . 9 section 169 of the act (investigations etc. in support of overseas regulator) applies as if - a subsection (2a) were omitted; b for subsection (13) there were substituted - 13 "overseas regulator" means an authority in a country or territory outside the united kingdom which has functions corresponding to those of the fca under the data reporting services regulations 2017. . 10 section 169a of the act (support of overseas regulator with respect to financial stability) does not apply. 11 section 170 of the act (investigations: general) applies as if - a each reference to the investigating authority were a reference to the fca; b in subsection (1) "or (5)" were omitted; c for subsection (3) there were substituted - 3 subsections (2) and (9) do not apply if the investigator is appointed as a result of section 168(1) and the fca believes that the notice required by subsection (2) or (9) would be likely to result in the investigation being frustrated. ; d subsection (10) were omitted. 12 section 171 of the act (powers of persons appointed under section 167) applies as if subsections (3a) and (7) were omitted; 13 section 172 of the act (additional power of persons appointed as a result of section 168(1) or (4)) applies as if in the heading and in subsection (4) "or (4)" were omitted. 14 section 173 of the act (powers of persons appointed as a result of section 168(2)) does not apply. 15 section 174 of the act (admissibility of statements made to investigators) applies as if - a in subsection (2) "or in proceedings in relation to action to be taken against that person under section 123 to which this section applies" were omitted; b in subsection (3)(a) for "398" substitute "regulation 29 of the data reporting services regulations 2017"; c subsection (3a) were omitted; d in subsection (4) the words from "or (5)," to the end were omitted; e in subsection (5) ", 173" were omitted. 16 section 175 of the act (information and documents: supplemental provisions) applies as if in subsection (8) "or (5)" were omitted. 17 section 176 of the act (entry of premises under warrant) applies as if - a for subsection (1) there were substituted - 1 a justice of the peace may issue a warrant under this section if satisfied on information on oath given by or on behalf of the fca or an investigator that there are reasonable grounds for believing that the first, second or third set of conditions is satisfied. ; b in subsection (3)(a) "or an appointed representative" were omitted; c in subsection (10) "or (5)" were omitted; d in subsection (11) - i in paragraph (a) "87c, 87j," and ",165a, 169a" were omitted; ii in paragraph (b) ", 173" were omitted. information given by an auditor 34 sections 342 (information given by auditor or actuary to a regulator), 343 (information given by auditor or actuary to a regulator: persons with close links) and 344 (duty of auditor or actuary resigning etc. to give notice) of the act apply with respect to the auditor of a data reporting service provider as if - a each reference to an authorised person were a reference to a data reporting service provider; b each reference to a regulator were a reference to the fca; c each reference to "the appropriate regulator" were a reference to the fca; d references to an actuary were omitted; e sections 342(2), 343(2) and 344(4) were omitted. restrictions on disclosure of information 35 sections 348 (restrictions on disclosure of confidential information by fca, pra etc.), 349 (exceptions from section 348) and 352 (offences) of the act apply with respect to information received under these regulations and under the act as applied by these regulations as they apply with respect to information received under the act as if - a each reference to the act included a reference to these regulations; b each reference to a section or part of the act were a reference to that section or part as applied by these regulations; c in section 348(2), for "in this part" there were substituted "in sections 348, 349 and 352 as applied by the data reporting services regulations 2017"; d in section 352 - i in subsection (1) "or 350(5)" were omitted; ii subsection (4) were omitted; iii in subsection (5) "or (4)" were omitted; iv in subsection (6)(a) "or that it had been disclosed in accordance with section 350" were omitted. application of part 25 of the act (injunctions and restitution) 36 1 part 25 of the act (injunctions and restitution) applies for the purposes of these regulations and the act as applied by these regulations, with the following modifications. 2 part 25 of the act applies as if - a each reference to the act included a reference to these regulations; b each reference to a section of the act were a reference to that section as applied by these regulations; c each reference to a regulator, the regulator concerned or the appropriate regulator were a reference to the fca; d references to the secretary of state were omitted; e each reference to a relevant requirement were a reference to a requirement which is imposed by or under these regulations, or the act as applied by these regulations. 3 section 380 of the act (injunctions) applies as if subsections (6) to (12) were omitted. 4 section 381 of the act (injunctions in cases of market abuse) does not apply. 5 section 382 of the act (restitution orders) applies as if subsections (9) to (15) were omitted. 6 section 383 of the act (restitution orders in cases of market abuse) does not apply. 7 section 384 of the act (power of fca or pra to require restitution) applies as if - a subsections (2) and (3) and references to those subsections were omitted; b subsections (7) to (13) were omitted. application of part 26 of the act (notices) 37 1 part 26 of the act (notices) applies with respect to the giving of notices under these regulations and under the act as applied by these regulations as it applies with respect to the giving of notices under the act, with the following modifications. 2 part 26 of the act applies as if - a each reference to the act included a reference to these regulations; b each reference to a section of the act were a reference to that section as applied by these regulations; c each reference to a regulator or to the regulator concerned were a reference to the fca; d references to the pra were omitted. 3 section 387 of the act (warning notices) applies as if subsections (1a) and (3a) were omitted. 4 section 388 of the act (decision notices) applies as if subsections (1a) and (2) were omitted. 5 section 391 of the act (publication) applies as if - a in subsection (1) the reference to a warning notice falling within subsection (1zb) were to a warning notice given under regulation 25; b in subsection (1za) the reference to a warning notice not falling within subsection (1zb) were to a warning notice given under any other provision of these regulations or under the act as applied by these regulations; c subsection (1zb) were omitted; d in subsection (4a) the reference to sections 391a, 391b and 391c were omitted; e subsections (5a), (6a), (8a), (8b) and (8c) were omitted; f for subsection (11) there were substituted - 11 section 425a (meaning of "consumers") applies for the purposes of this section as if - a subsection (2)(c) were omitted; b for subsection (3) there were substituted - 3 the services within this subsection are data reporting services within the meaning of the data reporting services regulations 2017. ; c subsection (7) were omitted. . 6 sections 391a (publication: special provisions relating to the capital requirements directive), 391b (publication: special provisions relating to the transparency obligations directive) and 391c (publication: special provisions relating to the ucits directive) of the act do not apply. 7 section 392 of the act (application of sections 393 and 394) applies as if for paragraphs (a) and (b) there were substituted - a a warning notice given in accordance with - i regulation 11(4)(a) of the data reporting services regulations 2017 (including that provision as applied by regulation 8), ii regulation 25 of those regulations, or iii section 385 as applied by those regulations; b a decision notice given in accordance with - i regulation 11(5)(b)(i) of those regulations (including that provision as applied by regulation 8), ii regulation 26 of those regulations, or iii section 386 as applied by those regulations. . 8 section 395 of the act (the fca's and pra's procedures) applies as if - a for subsection (1) there were substituted - 1 the fca must determine the procedure that it proposes to follow in relation to a decision which gives rise to an obligation for it to give - a a supervisory notice, warning notice or decision notice; or b a decision under section 391(1)(c) to publish information about the matter to which a warning notice relates. ; b in subsection (2)(a) for "any of paragraphs (a) to (c)" there were substituted "paragraph (a)"; c in subsection (2)(b) for "(d)" there were substituted "(b)"; d in subsection (2)(c) - i for "(d)" there were substituted "(b)"; ii for "(b) or (c)" there were substituted "(a)"; e subsections (3)(b) and (4) were omitted; f in subsection (9) "other than a warning notice or decision notice relating to a decision of the pra that is required by a decision of the fca of the kind mentioned in subsection (1)(b)(ii)" were omitted; g subsection (9a) were omitted; h for subsection (13) there were substituted - 13 "supervisory notice" means a notice given in accordance with section 55y of the act as applied by regulation 22 of the data reporting services regulations 2017. . 9 in paragraph (1), "notices under these regulations" does not include a notice under - a regulation 8(3) or (6)(a); b regulation 10(6)(a) or (9)(a); c regulation 11(5)(a) (including that provision as applied by regulation 8). application of part 27 of the act (offences) 38 1 part 27 of the act (offences) applies with respect to offences under these regulations and the act as applied by these regulations as it applies with respect to offences under the act, with the following modifications. 2 part 27 of the act applies as if - a each reference to the act included a reference to these regulations; b each reference to a section of the act were a reference to that section as applied by these regulations; c references to the secretary of state were omitted; d references to the appropriate regulator were references to the fca. 3 sections 398 (misleading the fca or pra: residual cases) and 399 (misleading the cma) of the act do not apply. 4 section 400 of the act (offences by bodies corporate) applies as if subsection (6a) were omitted. 5 section 401 of the act (proceedings for offences) applies as if - a subsection (1)(c) were omitted; b subsections (3a), (3ab) and (3b) were omitted. 6 section 402 of the act (power of fca to institute proceedings for certain other offences) does not apply. 7 section 403(7) of the act (jurisdiction and procedure in respect of offences) applies as if the words from "or an offence" to the end were omitted. application of section 413 of the act (protected items) 39 section 413 of the act (protected items) applies for the purposes of these regulations as it applies for the purposes of the act. fca: penalties, fees and exemption from liability in damages 40 1 paragraphs 19 to 23 (penalties and fees) and 25 (exemption from liability in damages) of schedule 1za to the act apply with respect to the discharge by the fca of its functions under these regulations as they apply with respect to the discharge by it of its functions under the act, with the following modifications. 2 those paragraphs apply as if - a each reference to penalties imposed under the act included a reference to penalties imposed under these regulations; b each reference to a section or part of the act included a reference to that section or part as applied by these regulations; c each reference to the functions of the fca included a reference to its functions under these regulations. 3 paragraph 20 applies as if references to the fca's enforcement powers included - a its powers under these regulations and under part 25 of the act as applied by these regulations; b its powers in relation to the investigation of offences under these regulations or under the act as applied by these regulations; c its powers in england and wales or northern ireland in relation to the prosecution of offences under these regulations or under the act as applied by these regulations. 4 paragraph 21 applies as if regulated persons included data reporting service providers. 5 paragraph 23 applies as if references to qualifying functions included references to the functions of the fca under these regulations and under the act as applied by these regulations. chapter 3 application of secondary legislation for the purposes of the regulations service of notices 41 the financial services and markets act 2000 (service of notices) regulations 2001 ("notice regulations") apply in respect to any notice or document to be given by the fca under these regulations or under the act as applied by these regulations, as if - a that notice or document were "a relevant document" under the notice regulations; b each reference to the act included a reference to these regulations and to the act as applied by these regulations; c each reference to a section of the act were a reference to that section as applied by these regulations. disclosure of confidential information 42 the financial services and markets act 2000 (disclosure of confidential information) regulations 2001 apply for the purposes of section 349 of the act (exceptions from section 348) as applied by regulation 35. communications by auditors 43 the financial services and markets act 2000 (communications by auditors) regulations 2001 apply with respect to the auditor of a data reporting service provider, as if - a each reference to an authorised person were a reference to a data reporting service provider; b in regulation 1(2) (citation, commencement and interpretation) "relevant requirement" meant a requirement which is imposed by or under these regulations; c in regulation 2(2)(a)(ii) (circumstances in which an auditor is to communicate) the reference to functions were a reference to the fca's functions under these regulations and under the act as applied by these regulations; d in regulation 2(2)(b) the reference to threshold conditions were a reference to the conditions in regulation 9 of these regulations. part 5 miscellaneous record keeping 44 1 a data reporting service provider must maintain records in retrievable and legible form of information that could be relevant to demonstrating its compliance or non-compliance with any requirement imposed by or under these regulations applicable to it. 2 a data reporting service provider must retain the records for no less than five years from the date on which the records were created. reporting of infringements 45 a data reporting service provider must have in place effective procedures for its employees to report potential or actual infringements of - a these regulations, b directly applicable eu regulations made under the markets in financial instruments directive or the markets in financial instruments regulation, and c the markets in financial instruments regulation, internally through a specific, independent and autonomous channel. application to gibraltar 46 for the purposes of these regulations a person authorised in gibraltar to provide a data reporting service in accordance with title v of the markets in financial instruments directive is deemed to fall within regulation 5(1)(e). applications for authorisation and verification: ctp definition and conditions 47 1 this regulation applies where before 3rd september 2019 a person wishes to make an application under regulation 7 or 8 in relation to the data reporting service mentioned in paragraph (c) of the definition of "data reporting service" in regulation 2(1) in relation to any financial instrument listed in article 10 or 21 of the markets in financial instruments directive. 2 for the purposes of enabling the application to be made under regulation 7 or 8 and determined under regulation 8 or 10, ignore regulation 3. review 48 1 the treasury must from time to time - a carry out a review of regulations 2 to 47, b set out the conclusions of the review in a report, and c publish the report. 2 in carrying out the review the treasury must, so far as is reasonable, have regard to how the markets in financial instruments directive (which is implemented in part by means of regulations 2 to 47) is implemented in other member states. 3 the report must in particular - a set out the objectives intended to be achieved by the regulatory provision made by regulations 2 to 47, b assess the extent to which those objectives are achieved, and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 4 the first report under this regulation must be published before the end of the period of five years beginning with 3rd july 2017. 5 reports under this regulation are afterwards to be published at intervals not exceeding five years. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 21st june 2017

citation, commencement and application 1 1 this order may be cited as the tendring (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 tendring (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 tendring and number of councillors 3 1 the existing wards of the district of tendring are abolished. 2 the district of tendring 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 frinton & walton and harwich 4 1 the existing wards of the parishes of frinton & walton and harwich are abolished. 2 the parish of frinton & walton is divided into the six parish wards listed in the first column of table 1 in schedule 2. 3 the parish of harwich is divided into the five parish wards listed in the first column of table 2 in schedule 2. 4 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 5 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 20th november 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the judicial pensions (amendment) regulations 2017. 2 save as provided by paragraph (3), these regulations come into force on 1st april 2017 or, if later, the day after the day on which they are made. 3 regulations 1, 2(1) and (2), 4, 5(b), 6, 15, 16 and 17(2)(b), (5) and (6) come into force on the day after the day on which these regulations are made. 4 in these regulations - "the 2015 regulations" means the judicial pensions regulations 2015 ; "the 2017 regulations" means the judicial pensions (fee-paid judges) regulations 2017 . application, effect and transitory provision 2 1 paragraph (2) to (4) and regulations 3 (in so far as it applies to regulations 5(b) and 17(2)(b), (5) and (6)), 5(b) and 17(2)(b), (5) and (6) are deemed to have effect from 1st april 2015. 2 until the coming into force of regulation 17(2)(e) the definition of "tapered protection member" in paragraph 1 of schedule 2 to the 2015 regulations is to have effect as though for "12 and 13" there were substituted "12, 13 and 13a". 3 paragraph (4) of this regulation applies where a person (p) is - a a member of the scheme established by the 2015 regulations; and b a person to whom regulation 48(1) of the 2017 regulations applies. 4 the 2015 regulations are to apply to the calculation of any sums payable in respect of p's retirement or death under the 2015 regulations as though - a the amendments made by these regulations other than regulations 4, 6, 15 and 16; and b the 2017 regulations, had been in force on the day before the day on which p retired or died. amendment of the judicial pensions regulations 2015 3 the 2015 regulations are amended in accordance with regulations 4 to 18. 4 in regulation 1(3) (citation and commencement), after "schedule" in the second place it occurs, insert "13". 5 in regulation 2 (interpretation) - a in the appropriate places, insert - "fpjr 2017" means the judicial pensions (fee-paid judges) regulations 2017; ; "the fee-paid judges scheme" means the scheme established by parts 1 to 11 of the fpjr 2017; ; "qualifying judicial service" has the meaning given in regulation 6 of the fpjr 2017; ; "relevant scheme" means - an existing scheme; the fee-paid judges scheme; , and b in the definition of "index adjustment", for "that scheme year" substitute "the previous scheme year". 6 for regulation 3 (establishment and scope) substitute - 3 1 a career average revalued earnings scheme is established as a defined benefits scheme for the payment of pensions and other benefits to or in respect of - a the judiciary, and b persons to whom this scheme may potentially relate by virtue of paragraph (2) and in respect of whom the lord chancellor makes a determination under section 25(5) of the act. 2 a person appointed to one or more of the following offices is specified as a person to whom this scheme may potentially relate - a part-time sheriff (scotland); b part-time stipendiary magistrate (scotland); c part-time summary sheriff (scotland); d temporary judge (scotland). . 7 in regulation 17 (enrolment), in paragraph (2)(b)(ii), for "an existing" substitute "a relevant". 8 in regulation 55 (qualifying service) - a for "an existing" in both places where it occurs substitute "a relevant", and b after paragraph (2) insert - 3 in this regulation a reference to "pensionable service" in relation to the fee-paid judges scheme is a reference to qualifying judicial service. . 9 in regulation 97 (entitlement to surviving adult's pension) - a in paragraphs (1) and (2), for "an existing" substitute "a relevant", and b after paragraph (5) insert - 6 in this regulation a reference to "pensionable service" in relation to the fee-paid judges scheme is a reference to qualifying judicial service. . 10 in regulation 100 (annual rate of surviving adult's pension on death in service) - a in paragraphs (2) and (5)(b)(i), for "an existing" substitute "a relevant", and b at the end insert - 7 in this regulation a reference to "pensionable service" in relation to the fee-paid judges scheme is a reference to qualifying judicial service. . 11 in regulation 119 (meaning of "final pay") - a for paragraph (4) substitute - 4 in this regulation and in regulation 120, if the member is a transition member with continuity of service, "pensionable earnings" in respect of any period includes - a the member's pensionable earnings under an existing scheme before the closing date; and b the amount which is the higher of - i the total fees paid to the member in respect of qualifying fee-paid service in the period in question, or ii the total fees which would have been paid to the member in respect of such service in the period in question if, for any office held by the member, the daily fee paid to the member had been the daily fee determined by an employment tribunal or accepted by the appropriate minister to be payable in respect of that period. , and b after paragraph (4) insert - 5 in this regulation "qualifying fee-paid service" has the meaning given in regulation 4 of the fpjr 2017. . 12 in regulation 120 (meaning of "annualised final pay") omit paragraph (3). 13 in regulation 121 (amount payable on death in service) - a in paragraph (2) for "an existing" substitute "a relevant", and b after paragraph (7) insert - 8 in this regulation a reference to "pensionable service" in relation to the fee-paid judges scheme is a reference to qualifying judicial service. . 14 in regulation 122 (amount payable on death out of service), in paragraph (2), for "an existing" substitute "a relevant". 15 in regulation 153 (forfeiture: relevant monetary obligations and relevant monetary losses), in paragraph (5) - a in sub-paragraph (c) of the definition of "relevant monetary obligation" for "criminal, fraudulent or negligent" substitute "criminal or fraudulent", and b in sub-paragraph (b) of the definition of "relevant monetary loss" for "criminal, fraudulent or negligent" substitute "criminal or fraudulent". 16 in regulation 154 (set-off) - a after paragraph (3)(a), insert - aa arose out of p's criminal or fraudulent act or omission; , and b in paragraph (4)(b), for "criminal, fraudulent or negligent" substitute "criminal or fraudulent". 17 1 schedule 2 (transitional provisions) is amended as follows. 2 in paragraph 1(interpretation) - a in the definition of "closing date" - i for "an existing" substitute "a relevant", and ii for "that scheme" substitute "such a scheme"; b in the definition of "full protection member", for "8 and 9" substitute "8, 9 and 9a"; c in the definition of "protected member" for "an existing" substitute "a relevant"; d in the definition of "tapered protection closing date" for "an existing" substitute "a relevant"; e for the definition of "tapered protection member" substitute - "tapered protection member" - in relation to an existing scheme, has the meaning given in paragraphs 12, 13 and 13a; and in relation to the fee-paid judges scheme, means a person who meets the conditions in sub-paragraphs (a) to (d) of regulation 14(6); ; f in the definition of "transition date" - i for "an existing" substitute "a relevant"; ii for "that scheme" substitute "such a scheme", and g in the definition of "transition member" for "an existing" substitute "a relevant". 3 in paragraph 2 (meaning of "continuity of service") - a renumber the existing text as sub-paragraph (1); b in that paragraph for "an existing" substitute "a relevant", and c at the end insert - 2 in this paragraph a reference to "pensionable service" in relation to the fee-paid judges scheme is a reference to qualifying judicial service. . 4 in paragraph 3 (meaning of "tapered protection closing date") - a in sub-paragraph (1) - i for "an existing" substitute "a relevant", and ii omit "under part 4 of this schedule", and b after sub-paragraph (2) insert - 3 in this paragraph "the option" means - a in relation to an existing scheme, the option under part 4 of this schedule; b in relation to the fee-paid judges scheme, the option under regulation 14(6)(d). . 5 after paragraph 9 (members moving between schemes after the scheme closing date) insert - members with previous service in a fee-paid office 9a a person (p) is a full protection member of an existing scheme if - a p was serving in a fee-paid office on 31st march 2012; b p was aged 55 years or over on 1st april 2012; c the appropriate minister has notified p that p is eligible to a pension in respect of their service in that fee-paid office; d p either - i was an active member of an existing scheme on the scheme closing date, or ii begins service, which would have been pensionable under an existing scheme, after the scheme closing date, and e p would, unless p dies, reach normal pension age under that scheme on or before 1st april 2022. . 6 after paragraph 13 (members moving between schemes after the scheme closing date) insert - members with previous service in a fee-paid office 13a a person (p) is a tapered protection member of an existing scheme if - a p was serving in a fee-paid office on 31st march 2012; b p was aged between 51 years and 6 months and 55 years on 1st april 2012; c the appropriate minister has notified p that p is eligible to a pension in respect of their service in that fee-paid office; d p either - i was an active member of an existing scheme on the scheme closing date, or ii begins service, which would have been pensionable under an existing scheme, after the scheme closing date, but before the tapered protection closing date for that scheme, and e p would, unless p dies, reach normal pension age under that scheme during the period beginning with 2nd april 2022 and ending with 1st september 2025. . 7 in the heading before paragraph 15 for "an existing" substitute "a relevant". 8 in paragraph 15 (transition member who has not reached normal pension age), in sub-paragraphs (1), (2) and (3) for "an existing" in each place where it occurs substitute "a relevant". 9 in paragraph 16 (annual rate of surviving adult's pensions when transition member dies in service) - a in sub-paragraphs (2) and (3) and in the definition of "period of service" in sub-paragraph (4), for "an existing" in each place where it occurs substitute "a relevant", and b at the end, insert - 5 in this paragraph a reference to "pensionable service" in relation to the fee-paid judges scheme is a reference to qualifying judicial service. . 10 in paragraph 17 (annual rate of eligible child's pension when transition member dies in service) - a in sub-paragraphs (2) and (3) and in the definition of "period of service" in sub-paragraph (4), for "an existing" in each place where it occurs substitute "a relevant", and b at the end, insert - 5 in this regulation a reference to "pensionable service" in relation to the fee-paid judges scheme is a reference to qualifying judicial service. . 11 in paragraph 18(2)(b) (death in service lump sum) for "an existing" substitute "a relevant". 12 in paragraph 19 (death out of service lump sum) - a for "an existing" in each place where it occurs substitute "a relevant"; and b for "the existing" substitute "the relevant". 13 in the heading to part 7 for "an existing scheme" substitute "relevant schemes". 14 in the heading to paragraph 21 for "the existing" substitute "a relevant". 15 in paragraph 21 (repayment of contributions under the existing scheme) for "an existing" in both places where it occurs substitute "a relevant". 16 in the heading to paragraph 23 for "the existing" substitute "a relevant". 17 in paragraph 23 (nomination under existing scheme continues to have effect) for sub-paragraph (3) substitute - 3 in this paragraph, "existing nomination" means - a a nomination which - i was made for the purpose of a relevant scheme; and ii at the closing date, had effect under that scheme; or b a nomination which - i was made in anticipation of membership of the fee-paid judges scheme; and ii at the closing date would have had effect under that scheme if it had been in force. . 18 1 schedule 3 (modifying provisions and amendments) is amended as follows. 2 in paragraph 1 (application) for "an existing" substitute "a relevant". 3 in paragraph 2(3)(a) after "the act" insert "and the scheme created by the judicial pensions (fee-paid judges) regulations 2017". 4 in paragraph 3 (application) - a renumber the existing text as sub-paragraph (1); b in that sub-paragraph omit "("the old scheme")", and c at the end insert - 2 this part also applies where a person (p) - a is a member of the fee-paid judges scheme by virtue of pensionable service for that scheme; b is a member of this scheme by virtue of pensionable service for this scheme; c p's service in the fee-paid judges scheme and service in the new scheme are continuous. 3 in this part "the old scheme" means a scheme referred to in sub-paragraph (1)(a) or (2)(a) of which p is a member. . elizabeth truss lord chancellor ministry of justice 30th march 2017 we consent david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 29th march 2017

citation and commencement 1 this order may be cited as the inspectors of education, children's services and skills order 2017 and comes into force on 16th february 2017. appointment of her majesty's inspectors of education, children's services and skills 2 the persons named in the schedule to this order are appointed as her majesty's inspectors of education, children's services and skills. richard tilbrook clerk of the privy council

citation and commencement 1 1 these regulations may be cited as the social fund (amendment) regulations 2017. 2 they come into force on 6th april 2017. amendments to the social fund cold weather payments (general) regulations 1988 2 in regulation 1a of the social fund cold weather payments (general) regulations 1988 (prescribed description of persons) , for paragraph (3)(d) substitute - d p's child tax credit includes a disability element within the meaning of section 9(3) of the tax credits act 2002; . amendments to the social fund maternity and funeral expenses (general) regulations 2005 3 1 the social fund maternity and funeral expenses (general) regulations 2005 are amended as follows. 2 in regulation 3(1) (interpretation), omit the definition of "family element". 3 in regulations 5(2)(e) (entitlement to sure start maternity grant) , 6(1)(b)(ii) (award of sure start maternity grant to persons affected by a trade dispute) and 7(4)(a)(v) (entitlement to funeral payment), for "payable at a rate higher than the family element" substitute "which includes an individual element or a disability element referred to in section 9(3) of the tax credits act 2002". signed by authority of the secretary of state for work and pensions caroline nokes parliamentary under - secretary of state, department for work and pensions 6th march 2017

citation and commencement 1 these regulations may be cited as the data-gathering powers (relevant data) (amendment) regulations 2017 and come into force on 21st december 2017. amendment of the data-gathering powers (relevant data) regulations 2012 2 the data-gathering powers (relevant data) regulations 2012 are amended as follows. 3 after regulation 11c insert - money service businesses 11d 1 the relevant data for a data-holder of the type described in paragraph 13d of schedule 23 are - a records required to be kept by the data-holder under regulation 40 of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 ; b the quantity and value of transactions carried out by the data-holder for a customer during any period; c identifying information relating to a customer; and d where, in a transaction carried out by the data-holder for a customer, there is a beneficial owner who is not the customer, identifying information relating to the beneficial owner. 2 in this regulation "beneficial owner" has the meaning given by regulations 5 and 6 of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017. . mark spencer andrew griffiths two of the lords commissioners of her majesty's treasury 29th november 2017

citation and commencement 1 these regulations may be cited as the asset-based penalty for offshore inaccuracies and failures (reductions for disclosure and co-operation) regulations 2017 and come into force on 1st april 2017. maximum amount of reduction of the standard amount of the asset-based penalty for disclosure and co-operation 2 the maximum amount by which the standard amount of the asset-based penalty determined in accordance with paragraph 7 of schedule 22 to the finance act 2016 (standard amount of asset-based penalty) may be reduced as required by paragraph 8 of that schedule (reductions for disclosure and co-operation) is - a 50% of the standard amount in a case involving only unprompted disclosures, and b 20% of the standard amount in a case involving prompted disclosures. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 9th march 2017

part 1 general citation, commencement and interpretation 1 1 these regulations may be cited as the national health service (general medical services contracts and personal medical services agreements) (amendment) regulations 2017. 2 they come into force on 6th october 2017. 3 in these regulations - "the gms contracts regulations" means the national health service (general medical services contracts) regulations 2015 ; and "the pms agreements regulations" means the national health service (personal medical services agreements) regulations 2015 . part 2 amendment of the gms contracts regulations insertion of new regulations 74b to 74f into the gms contracts regulations 2 after regulation 74a of the gms contracts regulations (provision of information - gp access data) insert - national diabetes audit 74b 1 a contractor must record any data required by the board for the purposes of the national diabetes audit in accordance with paragraph (2). 2 the data referred to in paragraph (1) must be appropriately coded by the contractor and uploaded onto the contractor's computerised clinical systems in line with the requirements of guidance published by nhs employers for these purposes. 3 the contractor must ensure that the coded data is uploaded onto its computerised clinical systems and available for collection by the health and social care information centre at such intervals during each financial year as are notified to the contractor by nhs digital. information relating to indicators no longer in the quality and outcomes framework 74c a contractor must allow the extraction from the contractor's computerised clinical systems by the health and social care information centre of the information specified in the table relating to clinical indicators which are no longer in the quality and outcomes framework at such intervals during each financial year as are notified to the contractor by nhs digital. table quality and outcomes framework - indicators no longer in the quality and outcomes framework indicator id indicator description clinical domain chd003 the percentage of patients with coronary heart disease whose last measured total cholesterol (measured in the preceding 12 months) is 5 mmol/l or less ckd002 the percentage of patients on the ckd register in whom the last blood pressure reading (measured in the preceding 12 months) is 140/85 mmhg or less ckd004 the percentage of patients on the ckd register whose notes have a record of a urine albumin:creatinine ratio (or protein:creatinine ratio) test in the preceding 12 months nm84 the percentage of patients on the ckd register with hypertension and proteinuria who are currently treated with renin-angiotensin system antagonists dep001 the percentage of patients aged 18 or over with a new diagnosis of depression in the preceding 1st april to 31st march, who have had a bio-psychosocial assessment by the point of diagnosis. the completion of the assessment is to be recorded on the same day as the diagnosis is recorded dm005 the percentage of patients with diabetes, on the register, who have a record of an albumin:creatinine ratio test in the preceding 12 months dm011 the percentage of patients with diabetes, on the register, who have a record of retinal screening in the preceding 12 months dm016 the percentage of male patients with diabetes, on the register, who have a record of erectile dysfunction with a record of advice and assessment of contributory factors and treatment options in the preceding 12 months ep002 the percentage of patients aged 18 or over on drug treatment for epilepsy who have been seizure free for the last 12 months recorded in the preceding 12 months ep003 the percentage of women aged 18 or over and who have not attained the age of 55 who are taking antiepileptic drugs who have a record of information and counselling about contraception, conception and pregnancy in the preceding 12 months hyp003 the percentage of patients aged 79 or under with hypertension in whom the last blood pressure reading (measured in the preceding 9 months) is 140/90 mmhg or less hyp004 the percentage of patients with hypertension aged 16 or over and who have not attained the age of 75 in whom there is an assessment of physical activity, using gppaq, in the preceding 12 months hyp005 the percentage of patients with hypertension aged 16 or over and who have not attained the age of 75 who score 'less than active' on gppaq in the preceding 12 months, who also have a record of a brief intervention in the preceding 12 months ld002 the percentage of patients on the learning disability register with down's syndrome aged 18 or over who have a record of blood tsh in the preceding 12 months (excluding those who are on the thyroid disease register) mh004 the percentage of patients aged 40 or over with schizophrenia, bipolar affective disorder and other psychoses who have a record of total cholesterol:hdl ratio in the preceding 12 months mh005 the percentage of patients aged 40 or over with schizophrenia, bipolar affective disorder and other psychoses who have a record of blood glucose or hba1c in the preceding 12 months mh006 the percentage of patients with schizophrenia, bipolar affective disorder and other psychoses who have a record of bmi in the preceding 12 months pad003 the percentage of patients with peripheral arterial disease in whom the last measured total cholesterol (measured in the preceding 12 months) is 5 mmol/l or less ra003 the percentage of patients with rheumatoid arthritis aged 30 or over and who have not attained the age of 85 who have had a cardiovascular risk assessment using a cvd risk assessment tool adjusted for ra in the preceding 12 months ra004 the percentage of patients aged 50 or over and who have not attained the age of 91 with rheumatoid arthritis who have had an assessment of fracture risk using a risk assessment tool adjusted for ra in the preceding 24 months stia004 the percentage of patients with stroke or tia who have a record of total cholesterol in the preceding 12 months stia005 the percentage of patients with a stroke shown to be non-haemorrhagic, or a history of tia whose last measured total cholesterol (measured in the preceding 12 months) is 5 mmol/l or less thy001 the contractor establishes and maintains a register of patients with hypothyroidism who are currently treated with levothyroxine thy002 the percentage of patients with hypothyroidism, on the register, with thyroid function tests recorded in the preceding 12 months public health domain cvd-pp002 the percentage of patients diagnosed with hypertension (diagnosed after on or after 1st april 2009) who are given lifestyle advice in the preceding 12 months for smoking cessation, safe alcohol consumption and healthy diet con002 the percentage of women, on the register, prescribed an oral or patch contraceptive method in the preceding 12 months who have also received information from the contractor about long acting reversible methods of contraception in the preceding 12 months smok001 the percentage of patients aged 15 or over whose notes record smoking status in the preceding 24 months information relating to alcohol related risk reduction and dementia diagnosis and treatment 74d 1 a contractor must allow the extraction by the health and social care information centre of the information specified in - a paragraph (2) in relation to alcohol related risk reduction; and b paragraph (3) in relation to dementia diagnosis and treatment, from the record that the contractor is required to keep in respect of each registered patient under regulation 67 by such means, and at such intervals during each financial year, as are notified to the contractor by the health and social care information centre. 2 the information specified in this paragraph is information required in connection with the requirements under paragraph 7 of schedule 3. 3 the information specified in this paragraph is information relating to any clinical interventions provided by the contractor in the preceding 12 months in respect of a patient who is suffering from, or who is at risk of suffering from, dementia. nhs digital workforce census 74e 1 a contractor must record and submit any data required by the health and social care information centre for the purposes of the nhs digital workforce census (known as the "workforce minimum data set") in accordance with paragraph (2). 2 the data referred to in paragraph (1) must be appropriately coded by the contractor in line with agreed standards set out in guidance published by nhs employers and must be submitted to the health and social care information centre by using the workforce module on the primary care web tool which is a facility provided by the board to the contractor for this purpose. 3 the contractor must ensure that the coded data is available for collection by the health and social care information centre at such intervals during each financial year as are notified to the contractor by the health and social care information centre. information relating to overseas visitors 74f 1 a contractor must - a record the information specified in paragraph (2) relating to overseas visitors, where that information has been provided to it by a newly registered patient on a form supplied to the contractor by the board for this purpose; and b where applicable in the case of a patient, record the fact that the patient is the holder of a european health insurance card or s1 healthcare certificate which has not been issued to or in respect of the patient by the united kingdom, in the medical record that the contractor is required to keep under regulation 67 in respect of the patient. 2 the information specified in this paragraph is - a in the case of a patient who holds a european health insurance card which has not been issued to the patient by the united kingdom, the information contained on that card in respect of the patient; and b in the case of a patient who holds a provisional replacement certificate issued in respect of the patient's european health insurance card, the information contained on that certificate in respect of the patient. 3 the information referred to in paragraph (2) must be submitted by the contractor to nhs digital - a electronically at nhsdigital-ehic@nhs.net; or b by post in hard copy form to ehic, pds nbo, nhs digital, smedley hydro, trafalgar road, southport, merseyside, pr8 2hh. 4 where the patient is the holder of an s1 healthcare certificate, the contractor must send that certificate, or a copy of that certificate, to the department for work and pensions - a electronically to overseas.healthcare@dwp.gsi.gov.uk ; or b by post in hard copy form to the overseas healthcare team, durham house, washington, tyne and wear, ne38 7sf. . insertion of new paragraph 7a into schedule 3 to the gms contracts regulations 3 in schedule 3 to the gms contracts regulations (other required terms), after paragraph 7 (newly registered patients - alcohol dependency screening) insert - patients living with frailty 7a 1 a contractor must take steps to identify any registered patient aged 65 years and over who is living with moderate to severe frailty. 2 the contractor must comply with the requirement in sub-paragraph (1) by using the electronic frailty index or any other appropriate assessment tool. 3 where the contractor identifies a patient aged 65 years or over who is living with severe frailty, the contractor must - a undertake a clinical review in respect of the patient which includes - i an annual review of the patient's medication, and ii where appropriate, a discussion with the patient about whether the patient has fallen in the last 12 months; b provide the patient with any other clinically appropriate interventions; and c where the patient does not have an enriched summary care record , advise the patient about the benefits of having an enriched summary care record and activate that record at the patient's request. 4 a contractor must, using codes agreed by the board for this purpose, record in the patient's summary care record any appropriate information relating to clinical interventions provided to a patient under this paragraph. . insertion of new paragraph 19a into schedule 3 to the gms contract regulations 4 after paragraph 19 of schedule 3 to the gms contract regulations (inclusion in list of patients: armed forces personnel) insert - inclusion in list of patients: detained persons 19a 1 a contractor must, if the contractor's list of patients is open, include a person to whom sub-paragraph (2) applies (a "detained person") in that list and paragraph 29(1)(c) does not apply in respect of a detained person who is included in the contractor's list of patients by virtue of this paragraph. 2 this sub-paragraph applies to a person who - a is serving a term of imprisonment of more than two years, or more than one term of imprisonment totalling, in the aggregate, more than two years; b is not registered as a patient with a provider of primary medical services; and c makes an application under this paragraph in accordance with sub-paragraph (3) to be included in the contractor's list of patients by virtue of sub-paragraph (1) or (6) before the scheduled release date. 3 an application under sub-paragraph (2)(c) may be made during the period commencing one month prior to the scheduled release date and ending 24 hours prior to that date. 4 subject to sub-paragraphs (5) and (6), a contractor may only refuse an application under sub-paragraph (2)(c) if the contractor has reasonable grounds for doing so which do not relate to the applicant's age, appearance, disability or medical condition, gender or gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sexual orientation or social class. 5 the reasonable grounds referred to in sub-paragraph (4) may include the ground that the applicant will not, on or after the scheduled release date, live in the contractor's practice area or does not intend to live in that area. 6 where a contractor's list of patients is closed, the contractor may, by virtue of this sub-paragraph, accept an application under sub-paragraph (2)(c) if the applicant is an immediate family member of a registered patient. 7 where a contractor accepts an application from a person under sub-paragraph (2)(c) for inclusion in the contractor's list of patients, the contractor - a must give notice in writing to the provider of the detained estate healthcare service or to the board of that acceptance as soon as possible; and b is not required to provide primary medical services to that person until after the scheduled release date. 8 the board must, on receipt of a notice given under sub-paragraph (7)(a) - a include the applicant in the contractor's list of patients from the date notified to the board by the provider of the detained estate healthcare service; and b give notice in writing to the provider of the detained estate healthcare service of that acceptance. 9 where a contractor refuses an application made under sub-paragraph (2)(c), the contractor must give notice in writing of that refusal, and the reasons for it, to the provider of the detained estate healthcare service or to the board before the end of the period of 14 days beginning with the date of its decision to refuse. 10 the contractor must - a keep a written record of - i the refusal of any application under sub-paragraph (2)(c), and ii the reasons for that refusal; and b make such records available to the board on request. 11 in this paragraph - a "the detained estate healthcare service" means the healthcare service commissioned by the board in respect of persons who are detained in prison or in other secure accommodation by virtue of regulations made under section 3b(1)(c) of the act (secretary of state's power to require board to commission services) ; and b "the scheduled release date" means the date on which the person making an application under sub-paragraph (2)(c) is due to be released from detention in prison. . amendment of schedule 5 to the gms contracts regulations 5 in schedule 5 to the gms contracts regulations (revocations), in the table - a omit "the value added tax order 2009 ( s.i. 2009/2972 )" in the left hand column (title of instrument); and b omit "paragraph (i) of note 2d of the inserted text" in the corresponding entry in the right hand column (extent of revocation). part 3 amendment of the pms agreements regulations insertion of new regulations 67b to 67f into the pms agreements regulations 6 after regulation 67a of the pms agreements regulations (provision of information - gp access data) insert - national diabetes audit 67b 1 a contractor must record any data required by the board for the purposes of the national diabetes audit in accordance with paragraph (2). 2 the data recorded under paragraph (1) must be appropriately coded by the contractor and uploaded onto the contractor's computerised clinical systems in accordance with the requirements of guidance published by nhs employers for these purposes. 3 the contractor must ensure that the coded data is uploaded onto its computerised clinical systems and available for collection by the health and social care information centre at such intervals during each financial year as are notified to the contractor by nhs digital. information relating to indicators no longer in the quality and outcomes framework 67c a contractor must allow the extraction from the contractor's computerised clinical systems by the health and social care information centre of the information specified in the table relating to clinical indicators which are no longer in the quality and outcomes framework at such intervals during each financial year as are notified to the contractor by the health and social care information centre. table quality and outcomes framework - indicators no longer in the quality and outcomes framework indicator id indicator description clinical domain chd003 the percentage of patients with coronary heart disease whose last measured total cholesterol (measured in the preceding 12 months) is 5 mmol/l or less ckd002 the percentage of patients on the ckd register in whom the last blood pressure reading (measured in the preceding 12 months) is 140/85 mmhg or less ckd004 the percentage of patients on the ckd register whose notes have a record of a urine albumin:creatinine ratio (or protein:creatinine ratio) test in the preceding 12 months nm84 the percentage of patients on the ckd register with hypertension and proteinuria who are currently treated with renin-angiotensin system antagonists dep001 the percentage of patients aged 18 or over with a new diagnosis of depression in the preceding 1st april to 31st march, who have had a bio-psychosocial assessment by the point of diagnosis. the completion of the assessment is to be recorded on the same day as the diagnosis is recorded dm005 the percentage of patients with diabetes, on the register, who have a record of an albumin:creatinine ratio test in the preceding 12 months dm011 the percentage of patients with diabetes, on the register, who have a record of retinal screening in the preceding 12 months dm016 the percentage of male patients with diabetes, on the register, who have a record of erectile dysfunction with a record of advice and assessment of contributory factors and treatment options in the preceding 12 months ep002 the percentage of patients aged 18 or over on drug treatment for epilepsy who have been seizure free for the last 12 months recorded in the preceding 12 months ep003 the percentage of women aged 18 or over and who have not attained the age of 55 who are taking antiepileptic drugs who have a record of information and counselling about contraception, conception and pregnancy in the preceding 12 months hyp003 the percentage of patients aged 79 or under with hypertension in whom the last blood pressure reading (measured in the preceding 9 months) is 140/90 mmhg or less hyp004 the percentage of patients with hypertension aged 16 or over and who have not attained the age of 75 in whom there is an assessment of physical activity, using gppaq, in the preceding 12 months hyp005 the percentage of patients with hypertension aged 16 or over and who have not attained the age of 75 who score 'less than active' on gppaq in the preceding 12 months, who also have a record of a brief intervention in the preceding 12 months ld002 the percentage of patients on the learning disability register with down's syndrome aged 18 or over who have a record of blood tsh in the preceding 12 months (excluding those who are on the thyroid disease register) mh004 the percentage of patients aged 40 or over with schizophrenia, bipolar affective disorder and other psychoses who have a record of total cholesterol:hdl ratio in the preceding 12 months mh005 the percentage of patients aged 40 or over with schizophrenia, bipolar affective disorder and other psychoses who have a record of blood glucose or hba1c in the preceding 12 months mh006 the percentage of patients with schizophrenia, bipolar affective disorder and other psychoses who have a record of bmi in the preceding 12 months pad003 the percentage of patients with peripheral arterial disease in whom the last measured total cholesterol (measured in the preceding 12 months) is 5 mmol/l or less ra003 the percentage of patients with rheumatoid arthritis aged 30 or over and who have not attained the age of 85 who have had a cardiovascular risk assessment using a cvd risk assessment tool adjusted for ra in the preceding 12 months ra004 the percentage of patients aged 50 or over and who have not attained the age of 91 with rheumatoid arthritis who have had an assessment of fracture risk using a risk assessment tool adjusted for ra in the preceding 24 months stia004 the percentage of patients with stroke or tia who have a record of total cholesterol in the preceding 12 months stia005 the percentage of patients with a stroke shown to be non-haemorrhagic, or a history of tia whose last measured total cholesterol (measured in the preceding 12 months) is 5 mmol/l or less thy001 the contractor establishes and maintains a register of patients with hypothyroidism who are currently treated with levothyroxine thy002 the percentage of patients with hypothyroidism, on the register, with thyroid function tests recorded in the preceding 12 months public health domain cvd-pp002 the percentage of patients diagnosed with hypertension (diagnosed after on or after 1st april 2009) who are given lifestyle advice in the preceding 12 months for smoking cessation, safe alcohol consumption and healthy diet con002 the percentage of women, on the register, prescribed an oral or patch contraceptive method in the preceding 12 months who have also received information from the contractor about long acting reversible methods of contraception in the preceding 12 months smok001 the percentage of patients aged 15 or over whose notes record smoking status in the preceding 24 months information relating to alcohol related risk reduction and dementia diagnosis and treatment 67d 1 a contractor must allow the extraction by the health and social care information centre of the information specified in - a paragraph (2) in relation to alcohol related risk reduction; and b paragraph (3) in relation to dementia diagnosis and treatment, from the record that the contractor is required to keep in respect of each registered patient under regulation 60 by such means, and at such intervals during each financial year, as are notified to the contractor by the health and social care information centre. 2 the information specified in this paragraph is information required in connection with the requirements under paragraph 14 of schedule 2. 3 the information specified in this paragraph is information relating to any clinical interventions provided by the contractor in the preceding 12 months in respect of a patient who is suffering from, or who is at risk of suffering from, dementia. nhs digital workforce census 67e 1 a contractor must record and submit any data required by the health and social care information centre for the purposes of the nhs digital workforce census (known as the "workforce minimum data set") in accordance with paragraph (2). 2 the data referred to in paragraph (1) must be appropriately coded by the contractor in line with agreed standards set out in guidance published by nhs employers and must be submitted to the health and social care information centre by using the workforce module on the primary care web tool which is a facility provided by the board to the contractor for this purpose. 3 the contractor must ensure that the coded data is available for collection by the health and social care information centre at such intervals during each financial year as are notified to the contractor by the health and social care information centre. information relating to overseas visitors 67f 1 a contractor must - a record the information specified in paragraph (2) relating to overseas visitors, where that information has been provided to it by a newly registered patient on a form supplied to the contractor by the board for this purpose; and b where applicable in the case of a patient, record the fact that the patient is the holder of a european health insurance card or s1 healthcare certificate which has not been issued to or in respect of the patient by the united kingdom, in the medical record that the contractor is required to keep under regulation 60 in respect of the patient. 2 the information specified in this paragraph is - a in the case of a patient who holds a european health insurance card which has not been issued to the patient by the united kingdom, the information contained on that card in respect of the patient; and b in the case of a patient who holds a provisional replacement certificate issued in respect of the patient's european health insurance card, the information contained on that certificate in respect of the patient. 3 the information referred to in paragraph (2) must be submitted by the contractor to nhs digital - a electronically at nhsdigital-ehic@nhs.net; or b by post in hard copy form to ehic, pds nbo, nhs digital, smedley hydro, trafalgar road, southport, merseyside, pr8 2hh. 4 where the patient is the holder of an s1 healthcare certificate, the contractor must send that certificate, or a copy of that certificate, to the department for work and pensions - a electronically to overseas.healthcare@dwp.gsi.gov.uk ; or b by post in hard copy form to the overseas visitors healthcare team, durham house, washington, tyne and wear, ne38 7sf. . insertion of new paragraph 14a into schedule 2 to the pms agreements regulations 7 in schedule 2 to the pms agreements regulations (other required terms), after paragraph 14 (newly registered patients - alcohol dependency screening) insert - patients living with frailty 14a 1 a contractor must take steps to identify any registered patient aged 65 years and over who is living with moderate to severe frailty. 2 the contractor must comply with the requirement in sub-paragraph (1) by using the electronic frailty index or any other appropriate assessment tool. 3 where the contractor identifies a patient aged 65 years or over who is living with severe frailty, the contractor must - a undertake a clinical review in respect of the patient which includes - i an annual review of the patient's medication, and ii where appropriate, a discussion with the patient about whether the patient has fallen in the last 12 months; b provide the patient with any other clinically appropriate interventions; and c where the patient does not have an enriched summary care record , advise the patient about the benefits of having an enriched summary care record and activate that record at the patient's request. 4 a contractor must, using codes agreed by the board for this purpose, record in the patient's summary care record any appropriate information relating to clinical interventions provided to a patient under this paragraph. . insertion of new paragraph 18a into schedule 2 to the pms agreements regulations 8 after paragraph 18 of schedule 2 to the pms agreements regulations (inclusion in list of patients - armed forces personnel) insert - inclusion in list of patients: detained persons 18a 1 a contractor must, if the contractor's list of patients is open, include a person to whom sub-paragraph (2) applies (a "detained person") in that list and paragraph 28(1)(b) does not apply in respect of a detained person who is included in the contractor's list of patients by virtue of this paragraph. 2 this sub-paragraph applies to a person who - a is serving a term of imprisonment of more than two years, or more than one term of imprisonment totalling, in the aggregate, more than two years; b is not registered as a patient with a provider of primary medical services; and c makes an application under this paragraph in accordance with sub-paragraph (3) to be included in the contractor's list of patients by virtue of sub-paragraph (1) or (6) before the scheduled release date. 3 an application under sub-paragraph (2)(c) may be made during the period commencing one month prior to the scheduled release date and ending 24 hours prior to that date. 4 subject to sub-paragraphs (5) and (6), a contractor may only refuse an application under sub-paragraph (2)(c) if the contractor has reasonable grounds for doing so which do not relate to the applicant's age, appearance, disability or medical condition, gender or gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sexual orientation or social class. 5 the reasonable grounds referred to in sub-paragraph (4) may include the ground that the applicant will not, on or after the scheduled release date, live in the contractor's practice area or does not intend to live in that area. 6 where a contractor's list of patients is closed, the contractor may, by virtue of this sub-paragraph, accept an application under sub-paragraph (2)(c) if the applicant is an immediate family member of a registered patient. 7 where a contractor accepts an application from a person under sub-paragraph (2)(c) for inclusion in the contractor's list of patients, the contractor - a must give notice in writing to the provider of the detained estate healthcare service or to the board of that acceptance as soon as possible; and b is not required to provide primary medical services to that person until after the scheduled release date. 8 the board must, on receipt of a notice given under sub-paragraph (7)(a) - a include the applicant in the contractor's list of patients from the date notified to the board by the provider of the detained estate healthcare service; and b give notice in writing to the provider of the detained estate healthcare service of that acceptance. 9 where a contractor refuses an application made under sub-paragraph (2)(c), the contractor must give notice in writing of that refusal, and the reasons for it, to the provider of the detained estate healthcare service or to the board before the end of the period of 14 days beginning with the date of its decision to refuse. 10 the contractor must - a keep a written record of - i the refusal of an application under sub-paragraph (2)(c), and ii the reasons for that refusal; and b make such records available to the board on request. 11 in this paragraph - a "the detained estate healthcare service" means the healthcare service commissioned by the board in respect of persons who are detained in prison or in other secure accommodation by virtue of regulations made under section 3b(1)(c) of the act (secretary of state's power to require board to commission services) ; and b "the scheduled release date" means the date on which the person making an application under sub-paragraph (2)(c) is due to be released from detention in prison. . amendment of schedule 4 to the pms agreements regulations 9 in schedule 4 to the pms agreements regulations (revocations), in the table - a omit "the value added tax drugs and medicines order 2009 ( s.i. 2009/2972 )" in the left hand column (title of instrument); and b omit "paragraph (4) of note 2d of the inserted text" in the corresponding entry in the right hand column (extent of revocation). signed by authority of the secretary of state for health. stephen brine parliamentary under-secretary of state, department of health 11th september 2017

citation and commencement 1 these regulations may be cited as the national health service commissioning board and clinical commissioning groups (responsibilities and standing rules) (amendment) (no. 2) regulations 2017 and come into force on 1st april 2017. amendment of the national health service commissioning board and clinical commissioning groups (responsibilities and standing rules) regulations 2012 2 1 the national health service commissioning board and clinical commissioning groups (responsibilities and standing rules) regulations 2012 are amended as follows. 2 in regulation 20 (interpretation) - a in the definition of "flat rate payment", for "156.25" substitute "155.05"; b in the definition of "high band payment", for "215.04" substitute "213.32". signed by authority of the secretary of state for health. david mowat parliamentary under-secretary of state, department of health 8th march 2017

citation and commencement 1 1 this order may be cited as the cherwell (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 2017. interpretation 2 in this order - "the 2014 order " means the cherwell district council (reorganisation of community governance) order 2014 ; "county electoral division" means an electoral division established by article 4 of the oxfordshire (electoral changes) order 2012 ; "ordinary day of election of councillors" has the meaning given by section 37 of the representation of the people act 1983 . related alterations of county electoral division boundaries 3 1 each area that ceases to be part of the parish of blackthorn and becomes part of the parish of ambrosden in consequence of the 2014 order ceases to be part of ploughley county electoral division and becomes part of otmoor county electoral division. 2 each area that ceases to be part of the parish of hanwell and becomes part of the parish of banbury in consequence of the 2014 order ceases to be part of wroxton & hook norton county electoral division and becomes part of banbury hardwick county electoral division. 3 each area that ceases to be part of the parish of bodicote and becomes part of the parish of banbury in consequence of the 2014 order ceases to be part of deddington county electoral division and becomes part of bloxham & easington county electoral division. 4 each area that ceases to be part of the parish of bucknell and becomes part of the parish of bicester in consequence of the 2014 order ceases to be part of bicester west county electoral division and becomes part of bicester north county electoral division. 5 each area that ceases to be part of the parish of drayton and becomes part of banbury hardwick parish ward in the parish of banbury in consequence of the 2014 order ceases to be part of wroxton & hook norton county electoral division and becomes part of banbury hardwick county electoral division. 6 each area that ceases to be part of the parish of drayton and becomes part of banbury ruscote parish ward in the parish of banbury in consequence of the 2014 order ceases to be part of wroxton & hook norton county electoral division and becomes part of banbury ruscote county electoral division. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 7th february 2017

citation and commencement 1 these regulations may be cited as the recovery of costs (remand to youth detention accommodation) (amendment) regulations 2017 and come into force on 1st april 2017. amendment to the recovery of costs (remand to youth detention accommodation) regulations 2013 2 regulation 3 of the recovery of costs (remand to youth detention accommodation) regulations 2013 is amended as follows - a in paragraph (4)(c), after "2015" insert "(but before 1st april 2017)"; b after paragraph (4)(c) insert - d on or after 1st april 2017, 191. ; c in paragraph (5)(h), after "2016" insert "(but before 1st april 2017)"; d after paragraph (5)(h) insert - i on or after 1st april 2017, 536. ; e in paragraph (6)(d), after "2016" insert "(but before 1st april 2017)"; f after paragraph (6)(d) insert - e on or after 1st april 2017, 579. . phillip lee parliamentary under secretary of state ministry of justice 1st march 2017

citation and commencement 1 these regulations may be cited as the united nations and european union financial sanctions (linking) (amendment) (no. 2) regulations 2017 and come into force on 29th november 2017. amendment to the united nations and european union financial sanctions (linking) regulations 2017 2 in the schedule to the united nations and european union financial sanctions (linking) regulations 2017 , in the table, after the entry for the united nations security council resolution 1970 (2011), insert - united nations security council resolution 2374 (2017) council regulation ( eu ) 2017/1770 of 28th september 2017 concerning restrictive measures in view of the situation in mali . david rutley david evennett two of the lords commissioners of her majesty's treasury 7th november 2017

part 1 general citation, commencement and interpretation 1 1 these regulations may be cited as the police (conduct, complaints and misconduct and appeal tribunal) (amendment) regulations 2017 and come into force on 15th december 2017. 2 in these regulations - "the 2002 act " means the police reform act 2002; "the 2012 rules " means the police appeals tribunals rules 2012 ; "the conduct regulations " means the police (conduct) regulations 2012 ; "the complaints and misconduct regulations " means the police (complaints and misconduct) regulations 2012 . transitional and saving provisions 2 1 where an allegation in relation to a person came to the attention of an appropriate authority before 15th december 2017 but after 21st november 2012, and the person ceases to be a member of a police force or a special constable (as the case may be) on or after 15th december 2017, these regulations apply. 2 where a complaint or recordable conduct matter relates to the conduct of a person who ceased to be a person serving with the police before 15th december 2017, the complaints and misconduct regulations continue to have effect without the amendments made by regulations 31 and 33 of these regulations. 3 in this regulation - "acting chief officer" means - a person exercising or performing functions of a chief constable in accordance with section 41 of the police reform and social responsibility act 2011 ; a person exercising powers or duties of the commissioner of police of the metropolis in accordance with section 44 or 45(4) of that act; or a person exercising duties of the commissioner of police for the city of london in accordance with section 25 of the city of london police act 1839 ; "allegation" means an allegation relating to a complaint or conduct matter; "appropriate authority" means where the person concerned was - the chief officer of police or acting chief officer of any police force at the relevant time, the local policing body for the force's area; any other member of a police force or a special constable at the relevant time, the chief officer of police of the police force concerned; "police force concerned" means - where the person concerned was a member of a police force at the relevant time, the police force of which that person was a member at that time; where the person concerned was a special constable at the relevant time, the police force maintained for the police area for which that person was appointed at that time; "relevant time" means the time immediately before the person concerned ceased to be a member of a police force or a special constable. part 2 amendment of the conduct regulations amendment of the conduct regulations 3 the conduct regulations are amended in accordance with this part. amendment of regulation 3 (interpretation and delegation) 4 in regulation 3(1) , in the appropriate places, insert the following definitions - "barred list report" means a report under section 88a(1) of the 1996 act ; ; "police barred list" means the list referred to in section 88b(2) of the 1996 act ; . amendment of regulation 5 (application) 5 in regulation 5 - a after paragraph (1), insert - 2 except as set out in paragraph (6), these regulations also apply, with the modifications set out in schedule 3 , where - a an allegation comes to the attention of a relevant body which indicates that the conduct of a person who at the time of the alleged conduct was a police officer ("p") may amount to gross misconduct; and b condition a, b or c is satisfied. 3 condition a is that p ceased to be a police officer after the allegation first came to the attention of a relevant body. 4 condition b is that - a p ceased to be a police officer before the allegation first came to the attention of a relevant body; and b the period between the date p ceased to be a police officer and the date the allegation first came to the attention of the relevant body did not exceed 12 months. 5 condition c is that - a p ceased to be a police officer before the allegation first came to the attention of a relevant body; b the period between the date p ceased be a police officer and the date the allegation first came to the attention of the relevant body exceeded 12 months; and c the commission has made a condition c special determination under part 1a of these regulations (as modified by paragraph (2) and schedule 3) that taking disciplinary proceedings against p in respect of the alleged gross misconduct would be reasonable and proportionate. 6 paragraph (2) does not apply - a in relation to a person who ceased to be a police officer before 15th december 2017; b where the disciplinary proceedings would not be the first disciplinary proceedings to be taken against p in respect of the alleged gross misconduct unless they result from a re-investigation of the allegation (whether carried out under these regulations or under the 2002 act) that begins not later than 12 months after the date on which p ceased to be a police officer. ; b paragraph (2) becomes paragraph (7) and in that paragraph, after "police officer" insert "or person in relation to whom these regulations apply by virtue of paragraph (2)"; c after paragraph (7), insert - 8 in this regulation, "relevant body" means - a a chief officer of police; b a local policing body; or c the commission. . omission of regulation 10a (appropriate authority consent to notice of intention to resign or retire) 6 omit regulation 10a . amendment of regulation 15 (written notices) 7 in regulation 15(1), after sub-paragraph (e) insert - ea that if he is dismissed at misconduct proceedings, his full name and a description of the conduct which led to his dismissal will be added to the police barred list and may be subject to publication for a period of up to five years; . amendment of regulation 29 (participation of commission and investigator at misconduct proceedings) 8 in regulation 29(5), for "5(2)" substitute "5(7)". amendment of regulation 35 (outcome of misconduct proceedings) 9 in regulation 35 , at the end insert - 15 paragraph (16) applies where an officer is dismissed (with or without notice) at a misconduct hearing. 16 the chair of the panel which conducted the misconduct hearing may provide any information to the appropriate authority that the chair considers ought to be included by virtue of regulation 3(2)(l) of the police barred list and advisory list regulations 2017 in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). . amendment of regulation 55 (outcome of special case hearing) 10 in regulation 55 , at the end insert - 14 paragraph (15) applies where an officer is dismissed without notice at a special case hearing. 15 the person who conducted or chaired the special case hearing may provide any information to the appropriate authority that the person considers ought to be included by virtue of regulation 3(2)(l) of the police barred list and advisory list regulations 2017 in the barred list report relating to the officer concerned (information relating to whether exemptions to requirement to publish the barred list entry apply). . new schedule 11 after schedule 2 insert schedule 3 which is set out in schedule 1 to these regulations. part 3 amendment of the 2012 rules amendment of the 2012 rules 12 the 2012 rules are amended in accordance with this part. amendment of rule 3 (interpretation) 13 in rule 3(1) - a in the appropriate places insert the following definitions - "the 1996 act" means the police act 1996; ; "disciplinary action" - in relation to a police officer, has the same meaning as in the conduct regulations; in relation to a former police officer, means a finding that he would have been dismissed if he had not ceased to be a member of a police force or a special constable; ; "relevant time" means, in relation to a former police officer, the time immediately before he ceased to be such an officer; ; b in the definition of "appellant" after "officer" insert "or a former police officer"; c in the definition of "relevant local policing body" - i in paragraph (a) - aa after "the appellant" insert "(where the appellant is a police officer)"; bb at the end omit "or"; ii in paragraph (b) after "the appellant" insert "(where the appellant is a police officer)"; iii after paragraph (b) insert - c the police force of which a former police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a former police officer), was a member at the relevant time; or d the police force for the police area for which a former police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a former police officer), was appointed as a special constable at the relevant time, ; d in the definition of "relevant decision" for "4 or 5" substitute "4, 5 or 5a"; e in the definition of "relevant police force" - i at the end of paragraph (a) omit "and"; ii after paragraph (b) insert - c where the appellant was a member of a police force at the relevant time, the police force of which he was a member; and d where the appellant was a special constable at the relevant time, the police force maintained for the police area for which he was appointed. . new rule 5a 14 after rule 5 (circumstances in which a police officer may appeal to a tribunal) insert - circumstances in which a former police officer may appeal to a tribunal 5a 1 subject to paragraph (3), a former police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against - a the finding referred to in paragraph (2)(a) or (b) made under the conduct regulations; or b any decision to impose disciplinary action under the conduct regulations in consequence of that finding, or both. 2 this paragraph applies to - a a former police officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or b former police officer against whom a finding of gross misconduct has been made at a special case hearing. 3 a former police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a) or (b) where that finding was made following acceptance by the former officer that his conduct amounted to misconduct or gross misconduct (as the case may be). 4 the grounds of appeal under this rule are - a that the finding or decision to impose disciplinary action was unreasonable; b that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision to impose disciplinary action; or c that there was a breach of the procedures set out in the conduct regulations, the police (complaints and misconduct) regulations 2012 or schedule 3 to the 2002 act, or other unfairness which could have materially affected the finding or decision to impose disciplinary action. . amendment of rule 6 (notice of appeal) 15 in rule 6 - a in paragraph (1) after "officer" insert "or a former police officer"; b in paragraph (3) after "officer" insert "or former officer". amendment of rule 7 (notice of appeal) 16 in rule 7 - a in paragraph (1) after "officer" insert "or a former police officer"; b in paragraph (2) - i after "officer" insert "or a former police officer"; ii after "officer's" insert "or former officer's". amendment of rule 8 (the respondent) 17 in rule 8 - a in paragraph (1) - i in sub-paragraph (a) after "police" insert "or a former police officer who was a chief officer of police at the relevant time"; ii in sub-paragraph (b) after "officer" insert "or a former police officer who was an acting chief officer at the relevant time"; b in paragraph (2) after "officer" insert "or other former police officer". amendment of rule 9 (procedure on notice of appeal) 18 in rule 9 - a in paragraph (5)(a) after "4(4)(b)" insert ", 5a(4)(b)"; b in paragraph (9) after "4(4)(b)", in both places where it appears, insert ", 5a(4)(b)". amendment of rule 14 (notice of the hearing) 19 in rule 14 - a in paragraph (2) after "4(4)(b)" insert ", 5a(4)(b)"; b in paragraph (4)(a) for "officer concerned" substitute "appellant"; c in paragraph (9) after "4" insert or "5a". amendment of rule 15 (legal and other representation) 20 in rule 15(4) after "officer of the" insert "relevant". amendment of rule 18 (attendance at hearing) 21 in rule 18(1) after "4" insert "or 5a". amendment of rule 19 (attendance of complainant at hearing) 22 in rule 19(7) after "4" insert "or 5a". amendment of rule 20 (attendance of ipcc at hearing) 23 in rule 20(4) after "4" insert "or 5a". amendment of rule 21 (exclusion from hearing) 24 in rule 21(3) after "4" insert "or 5a". amendment of rule 22 (statement of tribunal's determination) 25 in rule 22 - a in paragraph (2) for "or rule 5(6)(b) or (c)" substitute ", rule 5(6)(b) or (c) or rule 5a(4)(b) or (c)"; b after paragraph (5) insert - 5a paragraph (5b) applies in a case where information in relation to the appellant which is included in the police barred list has been published by the college of policing under section 88g(2) of the police act 1996 . 5b the chair may include in the written statement any representations that the chair considers it appropriate to make in relation to the appellant and the question mentioned in regulation 11(2) of the police barred list and advisory list regulations 2017. ; c in paragraph (6) before "local" insert "relevant"; d after paragraph (13) insert - 13a in any case where the appellant is a former police officer and disciplinary action was imposed under the conduct regulations, if on determination of the appeal the tribunal's decision results in disciplinary action no longer being imposed, the relevant local policing body shall notify the college of policing of the decision of the tribunal. ; e for paragraph (14) substitute - 14 paragraphs (9) to (13a) do not apply to an appeal brought in accordance with rule 5. . part 4 amendment of the complaints and misconduct regulations amendment of the complaints and misconduct regulations 26 the complaints and misconduct regulations are amended in accordance with this part. amendment of regulation 1 (citation, commencement and interpretation) 27 in regulation 1(2) - a in the definition of "the conduct regulations", for "2008" substitute "2012"; b after that definition insert the following definition - "designated police volunteer" means a person designated as a community support volunteer or a policing support volunteer under section 38(1a) of the 2002 act ; ; c in the definition of "the performance regulations", for "2008" substitute "2012"; d after that definition insert the following definition - "police barred list" means the list referred to in section 88b(2) of the police act 1996; . amendment of regulation 16 (written notices) 28 in regulation 16(1) after sub-paragraph (e) insert - ea that if he is dismissed at misconduct proceedings, his full name and a description of the conduct which led to his dismissal will be added to the police barred list and may be subject to publication for a period of up to five years; . amendment of regulation 17 (police friend) 29 in regulation 17(2) - a after "police staff member", in the first place where it appears, insert "or designated police volunteer"; b in sub-paragraph (b), after "police staff member's companion" insert "or designated police volunteer's companion, as the case may be,"; c in sub-paragraph (e), for "a police staff member" substitute "the police staff member or designated police volunteer, as the case may be,". amendment of regulation 24 (appointment of persons to carry out investigations) 30 in regulation 24(4), for "and a police staff member serving in that force" substitute ", a police staff member serving in that force and a designated police volunteer serving in that force". substitution of regulation 27 (complaints or conduct matters concerning a person who has subsequently ceased to serve with the police) 31 for regulation 27 substitute - complaints and conduct matters relating to the conduct of a person who has ceased to be a person serving with the police 27 where a complaint or conduct matter relates to the conduct of a person who has ceased to be a person serving with the police since the time of the conduct, the provisions of part 2 (complaints and misconduct) of the 2002 act and these regulations apply - a as if the person were still serving in the position in which he last served; and b with the modifications to part 2 of the 2002 act and to these regulations set out in parts 1 and 2 of the schedule respectively. . amendment of regulation 36 (disciplinary proceedings for police staff) 32 in regulation 36 in the heading after "police staff" insert "and designated police volunteers". new schedule 33 insert the schedule which is set out in schedule 2 to these regulations. nick hurd minister of state home office 22nd november 2017

citation and commencement 1 this order may be cited as the state pension debits and credits (revaluation) order 2017 and comes into force on 10th april 2017. the increase in the amount of relevant debits or credits 2 for the purposes of paragraph 3 of each of schedules 8 and 10 to the pensions act 2014 (pension sharing: appropriate weekly rate and reduction), the amount of relevant debits or credits for the tax year specified in the first column of the table set out in the schedule to this order is to be increased by the percentage of their amount specified by the corresponding entry in the second column. signed by authority of the secretary of state for work and pensions richard harrington parliamentary under-secretary of state department for work and pensions 13th march 2017

citation and commencement 1 1 these regulations may be cited as the loans for mortgage interest regulations 2017. 2 these regulations come into force - a for the purposes of regulations 18 to 21, on 6th april 2018; b for all other purposes, on 27th july 2017. interpretation 2 1 in these regulations - "the act" means the welfare reform and work act 2016; "alternative finance payments" has the meaning given in paragraph 5(3) of schedule 1 to these regulations; "applicable amount" means - in the case of employment and support allowance, the claimant's weekly applicable amount under regulations 67 to 70 of the esa regulations ; in the case of income support, the claimant's weekly applicable amount under regulations 17 to 21aa of the is regulations ; in the case of jobseeker's allowance, the claimant's weekly applicable amount under regulations 83 to 86c of the jsa regulations ; in the case of an spc claimant, the claimant's weekly appropriate minimum guarantee under section 2 of the state pension credit act 2002 ; in the case of a uc claimant, the maximum amount of a claimant's award of universal credit under regulation 23(1) of the uc regulations ; "assessment period" has the meaning given in regulation 21 of the uc regulations ; "benefit unit" means a single claimant and his or her partner (if any) or joint claimants; "benefit week" has the meaning given - in the case of employment and support allowance, in regulation 2 of the esa regulations ; in the case of income support, in paragraph 4 of schedule 7 to the claims and payment regulations ; in the case of jobseeker's allowance, in regulation 1 of the jsa regulations ; in the case of state pension credit, in regulation 1 of the spc regulations ; "charge by way of legal mortgage" has the meaning given in section 132(1) of the land registration act 2002 ; "child" means a person under the age of 16; "claimant" means a single claimant or each of joint claimants; "claims and payment regulations" means the social security (claims and payments) regulations 1987 ; "close relative" means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or, if any of the preceding persons is one member of a couple, the other member of that couple; "couple" means - two people who are married to, or civil partners of, each other and are members of the same household; two people who are not married to, or civil partners of, each other but are living together as a married couple or civil partners; "disabled person" has the meaning given - in the case of employment and support allowance, in paragraph 1(3) of schedule 6 to the esa regulations ; in the case of income support, in paragraph 1(3) of schedule 3 to the is regulations ; in the case of jobseeker's allowance, in paragraph 1(3) of schedule 2 to the jsa regulations ; in the case of state pension credit, in paragraph 1(2)(a) of schedule 2 to the spc regulations ; in the case of universal credit, in paragraph 14(3) of schedule 3 to these regulations; "dwelling" - in england and wales, means a dwelling within the meaning of part 1 of the local government finance act 1992 ; in scotland, means a dwelling within the meaning of part 2 of that act; "earned income" has the meaning given in chapter 2 of part 6 of the uc regulations; "esa regulations" means the employment and support allowance regulations 2008 ; "existing claimant" means a claimant who is entitled to a qualifying benefit, including an amount for owner-occupier payments, on 5th april 2018; "financial year" has the meaning given in section 25(2) of the budget responsibility and national audit act 2011 ; "income" means any income which is, or which is treated as, an individual's, including payments which are treated as earnings, and which is not disregarded, under - in the case of employment and support allowance, part 10 of the esa regulations; in the case of income support, part 5 of the is regulations; in the case of jobseeker's allowance, part 8 of the jsa regulations; in the case of state pension credit, part 3 of the spc regulations; "is regulations" means the income support (general) regulations 1987 ; "joint claimants" - in the case of jobseeker's allowance means - members of a joint-claim couple who have jointly made a claim for, and are entitled to, income-based jobseeker's allowance; or where schedule 5 applies, members of a joint-claim couple who have made a claim for, but are not entitled to, such a benefit by reason only that they have income equal to or exceeding the applicable amount but less than the sum of that applicable amount and the amount of a loan payment they would receive under regulation 10 if they were so entitled; in the case of universal credit means - members of a couple who have jointly made a claim for, and are entitled to, universal credit; or where schedule 5 applies, members of a couple who have made a claim for, but are not entitled to, such a benefit by reason only that they have unearned income equal to or exceeding the applicable amount but less than the sum of that applicable amount and the amount of a loan payment they would receive under regulation 10 if they were so entitled; "joint-claim couple" has the meaning in section 1(4) of the jobseekers act 1995; "jsa regulations" means the jobseeker's allowance regulations 1996 ; "legacy benefit" means income-related employment and support allowance, income support or income-based jobseeker's allowance; "legacy benefit claimant" means a claimant who is entitled to a legacy benefit; "legal estate" means any of the legal estates set out in section 1(1) of the law of property act 1925 ; "legal owner" means the owner, whether alone or with others, of a legal estate or, in scotland, a heritable or registered interest, in the relevant accommodation; "loan agreement" means an agreement entered into by a single claimant and his or her partner (if any), or each joint claimant, and the secretary of state, which sets out the terms and conditions upon which the loan payments are made to the claimant; "loan payments" means one or more payments, calculated under regulation 10, in respect of a claimant's liability to make owner-occupier payments in respect of the relevant accommodation; "loan payments offer date" means the day on which the secretary of state sends the loan agreement to a claimant; "modified rules" means the social security (housing costs special arrangements) (amendment and modification) regulations 2008 ; "new claimant partner" has the meaning given in regulation 7 of the transitional provisions regulations ; "non-dependant" has the meaning given - in the case of employment and support allowance, in regulation 71 of the esa regulations; in the case of income support, in regulation 3 of the is regulations ; in the case of jobseeker's allowance, in regulation 2 of the jsa regulations ; in the case of state pension credit, in paragraph 1(4) of schedule 2 to the spc regulations; "owner-occupier payments" has the meaning given in regulation 3(2)(a); "partner" means - where a claimant is a member of a couple, the other member of that couple; where a claimant is married polygamously to two or more members of the claimant's household, all such members; "person who lacks capacity" - in england and wales, has the meaning given in section 2 of the mental capacity act 2005 ; in scotland, means a person who is incapable under section 1(6) of the adults with incapacity (scotland) act 2000 ; "polygamous marriage" means a marriage during which a party to it is married to more than one person and which took place under the laws of a country which permits polygamy; "qualifying benefit" means income-related employment and support allowance, income support, income-based jobseeker's allowance, state pension credit or universal credit; "qualifying lender" has the meaning given in section 19(7) of the act; "qualifying loan" means - in the case of a legacy benefit or state pension credit, a loan which qualifies under paragraph 2(2) or (4) of schedule 1 to these regulations; in the case of universal credit, a loan which qualifies under paragraph 5(2) of schedule 1 to these regulations; "qualifying period" means a period of - nine consecutive assessment periods in which a claimant has been entitled to universal credit; 39 consecutive weeks in which a claimant - has been entitled to a legacy benefit; or is treated as having been entitled to such a benefit under - paragraph 14 of schedule 3 to the is regulations ; paragraph 13 of schedule 2 to the jsa regulations ; or paragraph 15 of schedule 6 to the esa regulations ; "qualifying young person" has the meaning given - in the case of a legacy benefit, in section 142 of the social security contributions and benefits act 1992 ; in the case of state pension credit, in regulation 4a of the spc regulations ; in the case of universal credit, in regulation 5 of the uc regulations; "relevant accommodation" means the accommodation which the claimant occupies, or is treated as occupying, as the claimant's home under schedule 3; "relevant date", apart from in regulation 21, means the first day with respect to which a claimant's liability to make owner-occupier payments is met by a loan payment; "single claimant" means - an individual who has made a claim for, and is entitled to, a qualifying benefit as a single person; or where schedule 5 applies, an individual who has made a claim for, but is not entitled to, a qualifying benefit as a single person by reason only that the individual has income or, in the case of universal credit, unearned income, equal to or exceeding the applicable amount but less than the sum of that applicable amount and the amount of a loan payment he or she would receive under regulation 10 if he or she were so entitled; "single person" means an individual who is not a member of a couple; "spc claimant" means a claimant who is entitled to state pension credit; "spc regulations" means the state pension credit regulations 2002 ; "standard security" has the meaning in part 2 of the conveyancing and feudal reform (scotland) act 1970 ; "transitional end day" has the meaning given in regulations 19(1) and 20(2); "transitional provisions regulations" means the universal credit (transitional provisions) regulations 2014 ; "uc claimant" means a claimant who is entitled to universal credit; "uc regulations" means the universal credit regulations 2013 ; and "unearned income" has the meaning given in chapter 3 of part 6 of the uc regulations. 2 for the purposes of these regulations, a reference to - a entitlement to a qualifying benefit is to be read as a reference to entitlement as determined under the esa regulations, is regulations, jsa regulations, spc regulations and uc regulations; b the claimant's family or to being a member of the claimant's family means a reference to the claimant's partner and any child or qualifying young person who is the responsibility of the claimant or the claimant's partner, where that child or qualifying young person is a member of the claimant's household; c a person being responsible for a child or qualifying young person is to be read as a reference to a person being treated as responsible for a child or qualifying young person in the circumstances specified in - i in the case of employment and support allowance, regulation 156(10) of the esa regulations ; ii in the case of income support, regulation 15 of the is regulations ; iii in the case of jobseeker's allowance, regulation 77 of the jsa regulations ; iv in the case of state pension credit and universal credit, regulation 4 of the uc regulations ; d a person being a member of a household is to be read as a reference to a person being treated as a member of the household in the circumstances specified in - i in the case of employment and support allowance, in regulation 156 of the esa regulations ; ii in the case of income support, in regulation 16 of the is regulations ; iii in the case of jobseeker's allowance, in regulation 78 of the jsa regulations ; iv in the case of state pension credit and universal credit, in regulation 5 of the spc regulations ; e a person being engaged in remunerative work is to be read as a reference to a person being treated as engaged in remunerative work - i in the case of employment and support allowance, in regulations 41 to 43 of the esa regulations ; ii in the case of income support, in regulations 5 and 6 of the is regulations ; iii in the case of jobseeker's allowance, in regulations 51 to 53 of the jsa regulations ; iv in the case of state pension credit, in paragraph 2 of schedule 2 to the spc regulations . the offer of loan payments 3 1 the secretary of state may make an offer of loan payments to a claimant in respect of any owner-occupier payments the claimant is, or is to be treated as, liable to make in respect of the accommodation which the claimant is, or is to be treated as, occupying as the claimant's home, unless paragraph (4) applies. 2 for the purposes of paragraph (1) - a owner-occupier payments are - i in the case of a legacy benefit claimant or spc claimant, payments within the meaning of part 1 of schedule 1; ii in the case of a uc claimant, payments within the meaning of part 2 of schedule 1; b the circumstances in which a claimant is, or is to be treated as, liable to make owner-occupier payments are - i in the case of a legacy benefit claimant or spc claimant, the circumstances specified in part 1 of schedule 2; ii in the case of a uc claimant, the circumstances specified in part 2 of schedule 2; c the circumstances in which a claimant is, or is to be treated as, occupying accommodation as the claimant's home are - i in the case of a legacy benefit claimant or spc claimant, the circumstances specified in part 2 of schedule 3; ii in the case of a uc claimant, the circumstances specified in part 3 of schedule 3. 3 where the liability for owner-occupier payments is shared with a person not in the benefit unit, the claimant shall be, or shall be treated as, liable to make owner-occupier payments by reference to the appropriate proportion of the payments for which the claimant is responsible. 4 a uc claimant shall not be eligible for the offer of loan payments if - a where the claimant is a single person, the claimant has any earned income; or b where the claimant is a member of a couple, either member of the couple has any earned income. acceptance of loan payments offer 4 the offer of loan payments is accepted where the secretary of state has received the loan agreement signed by, in the case of a single claimant, the claimant and his or her partner (if any), or, in the case of joint claimants, each member of the couple, and the documents referred to in regulation 5(2). conditions to meet before the loan payments can be made 5 1 the secretary of state may make the loan payments if - a the loan payments offer is accepted in accordance with regulation 4; and b the conditions in paragraph (2) are met. 2 the conditions are - a in england and wales - i where all of the legal owners are within the benefit unit, each legal owner has executed a charge by way of legal mortgage in favour of the secretary of state in respect of the relevant accommodation; ii where one or more legal owners are not within the benefit unit, each legal owner within the benefit unit (if any) has executed an equitable charge in respect of their beneficial interest in the relevant accommodation; b in scotland, each legal owner within the benefit unit has executed a standard security in respect of his or her interest in the relevant accommodation; c the secretary of state has obtained the written consent referred to in paragraph (3); and d the information condition in regulation 6 is met within the period of 6 months ending with the day on which the loan payments offer is accepted. 3 the consent required by paragraph (2)(c) is consent given in writing to the creation of the charge or, in scotland, the standard security by any person in the benefit unit in occupation of the relevant accommodation, who is not a legal owner. information condition 6 1 the information condition is that the secretary of state has provided relevant information about the loan payments to a single claimant and his or her partner (if any) or each joint claimant. 2 for the purposes of this regulation, "relevant information" is information about the loan payments which must include - a a summary of the terms and conditions included within the loan agreement; b where the circumstances in regulation 5(2)(a)(i) or (b) apply, an explanation that the secretary of state will seek to obtain a charge or, in scotland, a standard security in respect of the relevant accommodation; c an explanation of the consent referred to in regulation 5(3); and d information as to where a single claimant and his or her partner (if any) or each joint claimant can obtain further information and independent legal and financial advice regarding loan payments. time of each loan payment 7 each loan payment shall be made - a in the case of a uc claimant, at monthly intervals in arrears; and b in the case of a legacy benefit claimant or spc claimant - i where direct payments are made to a qualifying lender under regulation 17(1), at 4 weekly intervals in arrears; or ii where payments are made to the claimant under regulation 17(3), at the same intervals as the qualifying benefit is paid. period covered by loan payments 8 1 the period in respect of which the loan payments shall be made shall begin on the later of - a 6th april 2018; b in the case of a uc claimant or legacy benefit claimant, the day after the day on which the qualifying period ends; c in the case of an spc claimant, the date of claim in respect of the claimant's award of state pension credit; d the transitional end day. 2 for the purposes of paragraph (1)(c), "date of claim" has the meaning given by whichever is applicable of regulation 4f or regulation 19(2) and (3) of the claims and payments regulations . duration of loan payments 9 1 subject to paragraph (2), loan payments shall continue to be made indefinitely at the intervals specified in regulation 7. 2 if one of the circumstances in paragraph (3) occurs, the secretary of state shall terminate the loan payments immediately but subject to paragraph (4). 3 the circumstances are that - a the claimant ceases to be entitled to a qualifying benefit; b the claimant ceases to be, or to be treated as, liable to make owner-occupier payments under schedule 2; c the claimant ceases to be, or to be treated as, occupying the relevant accommodation under schedule 3; d the loan agreement is terminated in accordance with its terms; e in the case of a uc claimant only, regulation 3(4) applies. 4 the secretary of state shall make the loan payments direct to the claimant for the period specified in paragraph (6) if - a a claimant ceases to be entitled to a legacy benefit by reason that, in the case of a single claimant, the claimant or his or her partner (if any), or, in the case of joint claimants, either member of the couple, is engaged in remunerative work; and b the conditions in paragraph (5) are met. 5 the conditions are that, in the case of a single claimant, the claimant or his or her partner (if any), or, in the case of joint claimants, either member of the couple - a is engaged in remunerative work which is expected to last for a period of no less than 5 weeks; b is still liable or treated as liable to make owner-occupier payments under schedule 2; c has, for a continuous period of 26 weeks ending with the day on which he or she commences the work referred to in sub-paragraph (a), been entitled to a legacy benefit; and d was, on the day before the day on which he or she commenced the work referred to in sub-paragraph (a), receiving loan payments under these regulations. 6 the period specified is the period of 4 weeks commencing with the day on which the relevant person is first engaged in remunerative work. 7 if a legacy benefit claimant ceases to be entitled to a legacy benefit but becomes entitled again to the legacy benefit within the period of 52 weeks beginning with the day the claimant ceased to be entitled to it, the claimant shall not be required to satisfy the qualifying period if the claimant wishes to receive loan payments on the basis of the new entitlement. calculation of each loan payment 10 subject to any deduction under regulation 14, each loan payment shall be the aggregate of the amounts resulting from regulations 11 and 12. calculation in respect of qualifying loans 11 1 subject to paragraphs (3) and (4), the amount to be included in each loan payment for owner-occupier payments which are payments of interest on qualifying loans is determined as follows. step 1 determine the amount of capital for the time being owing in connection with each qualifying loan to which the owner-occupier payments relate. step 2 if there is more than one qualifying loan, add together the amounts determined in step 1. step 3 determine the identified amount which is the lower of - a the amount resulting from step 1 or 2; and b the capital limit specified in paragraph (2)(a) or (b). if both amounts in (a) and (b) are the same, that is the identified amount. step 4 in respect of a legacy benefit claimant or spc claimant, apply the following formula to achieve a weekly sum - a s r 52 i in respect of a uc claimant, apply the following formula to achieve a monthly sum - a s r 12 i in either case - "a" is the identified amount in step 3, "sr" is the standard rate that applies at the end of the calculation (see regulation 13), and "i" is the amount of any income, in the case of a legacy benefit or spc claimant, or unearned income, in the case of a uc claimant, above the claimant's applicable amount. the result is the amount to be included in each loan payment for owner-occupier payments which are payments of interest on qualifying loans. 2 the capital limit is - a 200,000 - i in the case of a legacy benefit claimant or spc claimant where the modified rules apply; ii in the case of a uc claimant; b 100,000 in all other cases. 3 in the application of paragraph (2) to a qualifying loan (or any part of a qualifying loan) which was taken out for the purpose of making necessary adaptations to the accommodation to meet the needs of a disabled person - a the qualifying loan (or the part of the qualifying loan) is to be disregarded for the purposes of steps 2 and 3; and b "a" in step 4 is to be read as the amount resulting from step 1 in respect of the qualifying loan (or the sum of those amounts if there is more than one qualifying loan taken out for the purpose of making such adaptations) plus the amount (if any) resulting from step 3 in relation to any other qualifying loan or loans. 4 subject to paragraph (5), any variation in the amount of capital for the time being owing in connection with a qualifying loan is not to be taken into account after the relevant date until such time as the secretary of state recalculates the amount which shall occur - a on the first anniversary of the relevant date; and b in respect of any variation after the first anniversary, on the next anniversary which follows the date of the variation. 5 in respect of an existing claimant, the secretary of state shall recalculate the amount of capital owing in connection with a qualifying loan on the anniversary of the date on which the claimant's qualifying benefit first included an amount for owner-occupier payments. calculation in respect of alternative finance payments 12 1 the amount to be included in each loan payment for owner-occupier payments which are alternative finance payments is determined as follows. step 1 determine the purchase price of the accommodation to which the alternative finance payments relate. step 2 determine the identified amount which is the lower of - a the amount resulting from step 1; and b the capital limit specified in paragraph (2)(a) or (b). if both amounts are the same, that is the identified amount. step 3 in respect of an spc claimant, apply the following formula to achieve a weekly sum - a s r 52 i in respect of a uc claimant, apply the following formula to achieve a monthly sum - a s r 12 i in either case - "a" is the identified amount in step 2, "sr" is the standard rate that applies at the date of the calculation (see regulation 13), and "i" is the amount of any income, in the case of an spc claimant, or unearned income, in the case of a uc claimant, above the claimant's applicable amount. the result is the amount to be included in each loan payment for owner-occupier payments which are alternative finance payments. 2 the capital limit is - a 200,000 in the case of an spc claimant where the modified rules apply or a uc claimant; b 100,000 in all other cases. 3 for the purposes of paragraph (1), "purchase price" means the price paid by a party to the alternative finance arrangements other than the claimant in order to acquire the interest in the accommodation to which those arrangements relate less - a the amount of any initial payment made by the claimant in connection with the acquisition of that interest; and b the amount of any subsequent payments made by the claimant or any partner to another party to the alternative finance arrangements before - i the relevant date; or ii in the case of an existing claimant, the date on which the claimant's qualifying benefit first included an amount for owner-occupier payments, which reduce the amount owed by the claimant under the alternative finance arrangements. 4 subject to paragraph (5), any variation in the amount for the time being owing in connection with alternative finance arrangements is not to be taken into account after the relevant date until such time as the secretary of state recalculates the amount which shall occur - a on the first anniversary of the relevant date; and b in respect of any variation after the first anniversary, on the next anniversary which follows the date of the variation. 5 in respect of an existing claimant, the secretary of state shall recalculate the amount for the time being owing in connection with a qualifying loan on the anniversary of the date on which the claimant's qualifying benefit first included an amount for owner-occupier payments. standard rate to be applied under regulations 11 and 12 13 1 the standard rate is the average mortgage rate published by the bank of england which has effect on the 5th april 2018. 2 the standard rate is to be varied each time that paragraph (3) applies. 3 this paragraph applies when, on any reference day, the bank of england publishes an average mortgage rate which differs by 0.5 percentage points or more from the standard rate that applies on that reference day (whether it applies by virtue of paragraph (1) or by virtue of a previous application of this paragraph). 4 the average mortgage rate published on that reference day then becomes the new standard rate in accordance with paragraph (5). 5 any variation in the standard rate by virtue of paragraphs (2) to (4) shall come into effect at the end of the period of 6 weeks beginning with the day referred to in paragraph (3). 6 at least 7 days before a variation of the standard rate comes into effect under paragraph (5), the secretary of state must arrange for notice to be published on a publicly accessible website of - a the new standard rate; and b the day on which the new standard rate comes into effect under paragraph (5). 7 for the purposes of this regulation - "average mortgage rate" means the effective interest rate (non-seasonally adjusted) of united kingdom resident banks and building societies for loans to households secured on dwellings, published by the bank of england in respect of the most recent period specified for that rate at the time of publication; and "reference day" means any day falling on or after 6th april 2018. non-dependant deductions 14 1 in the case of a legacy benefit claimant or spc claimant, a deduction from each loan payment shall be made in respect of any non-dependant in accordance with paragraph (2). 2 the amount to be deducted is calculated as follows. step 1 identify the amount which is the sum of the loan payment calculated under regulation 10 and the amount of housing costs (if any) paid to a claimant under - a paragraph 17 of schedule 3 to the is regulations ; b paragraph 16 of schedule 2 to the jsa regulations ; c paragraph 18 of schedule 6 to the esa regulations; or d paragraph 13 of schedule 2 to the spc regulations . step 2 identify the total amount of the non-dependant deductions applicable to the claimant under - a paragraph 18 of schedule 3 to the is regulations ; b paragraph 17 of schedule 2 to the jsa regulations ; c paragraph 19 of schedule 6 to the esa regulations ; or d paragraph 14 of schedule 2 to the spc regulations . step 3 identify the proportion of the non-dependant deductions applicable to the loan payment and housing costs (if any) in step 1 by applying the formula - a ( b c ) where - "a" is the total amount of the non-dependant deductions identified in step 2, "b" is the amount of the loan payment calculated under regulation 10, and "c" is the amount identified in step 1. the result is the amount of the non-dependant deduction to be made from each loan payment in the case of a legacy benefit claimant or spc claimant. interest 15 1 the secretary of state shall charge interest on the sum of the loan payments until the earlier of - a the day on which the loan payments and accrued interest are repaid in full; b the event referred to in regulation 16(1)(c). 2 interest at the relevant rate shall accrue daily, with effect from the first day a loan payment is made to a qualifying lender or the claimant under regulation 17, and shall be added to the outstanding amount at the end of each month (or part month). 3 the relevant rate is the interest rate for the relevant period. 4 for the purposes of this regulation and regulation 16, the outstanding amount is the sum of the loan payments and interest which has been charged under paragraph (1). 5 the interest rate referred to in paragraph (3) is the weighted average interest rate on conventional gilts specified in the most recent report published before the start of the relevant period by the office for budget responsibility under section 4(3) of the budget responsibility and national audit act 2011 . 6 the relevant period is the period starting on - a 1st january and ending on 30th june in any year; or b 1st july and ending on 31st december in any year. repayment 16 1 the outstanding amount shall become immediately due and payable, together with any further interest which accrues on that amount under regulation 15, where one of the following events occurs - a the relevant accommodation is sold; b legal or beneficial title in, or in scotland, heritable or registered title to, the relevant accommodation is transferred, assigned or otherwise disposed of, unless paragraph (3) applies; c in the case of a claimant with no partner, the claimant's death, or, in the case of a claimant with a partner, the death of the last member of the benefit unit ("the relevant person"). 2 subject to paragraphs (4) to (7), repayment shall occur - a in the event described in paragraph (1)(a) or (b), from the proceeds of sale, transfer, assignment or disposition; b in the event described in paragraph (1)(c), from the relevant person's estate. 3 this paragraph applies where legal or beneficial title is transferred to - a the claimant's partner, following the death of the claimant, where the partner is in occupation of the relevant accommodation; or b the claimant, from a former spouse or civil partner, under a court order or an agreement for maintenance where the claimant is in occupation of the relevant accommodation. 4 where, in england and wales - a the secretary of state has a charge by way of legal mortgage over the relevant accommodation; and b there is insufficient equity available in the relevant accommodation to discharge the outstanding amount, repayment shall be limited to the amount of available equity in the relevant accommodation after any prior ranking charges by way of legal mortgage have been repaid, and, in the event described in paragraph (1)(c), this shall be taken to be the amount of equity at the date of death of the relevant person. 5 where, in england and wales - a the secretary of state has an equitable charge over one legal owner's equitable interest in the relevant accommodation, repayment shall be limited to the amount of that legal owner's equitable interest in the relevant accommodation and, in the event described in paragraph (1)(c), this shall be taken to be the value of that equitable interest at the date of death of the relevant person; b the secretary of state has an equitable charge over more than one legal owner's equitable interest in the relevant accommodation, repayment shall be limited to the sum of the equitable interests in the relevant accommodation of all legal owners within the benefit unit and, in the event described in paragraph (1)(c), this shall be taken to be the value of those equitable interests at the date of death of the relevant person. 6 where, in scotland - a the secretary of state has a standard security over the whole or part of the relevant accommodation; and b there is insufficient equity available in the whole or part of the relevant accommodation over which the standard security is held, repayment shall be limited to the amount of available equity in the whole or part of the relevant accommodation over which the standard security is held after any prior ranking standard securities have been repaid, and, in the event described in paragraph (1)(c), this shall be taken to be the amount of equity at the date of death of the relevant person. 7 in the event that the relevant accommodation is sold or legal or beneficial title in, or in scotland, heritable or registered title to, the relevant accommodation is transferred, assigned or otherwise disposed of for less than market value, the disposal shall be treated as if it occurred at market value for the purposes of repayment. 8 subject to paragraph (9), a claimant shall be permitted to repay some or all of the outstanding amount before an event in paragraph (1) occurs if the amount of each repayment is equal to or more than 100. 9 where the outstanding amount is less than 100, a claimant shall be permitted to repay that sum in full in one repayment. direct payments to qualifying lenders 17 1 where the circumstances specified in paragraph (2) are met, the loan payments must be made by the secretary of state direct to a claimant's lender. 2 the circumstances referred to in paragraph (1) are that - a money was lent to the claimant in respect of which owner-occupier payments in respect of the relevant accommodation are payable to a qualifying lender; and b those owner-occupier payments are taken into account in calculating the amount of each loan payment under regulation 10. 3 where the circumstances in paragraph (2) are not met, the loan payments must be made to the claimant. 4 schedule 4 has effect in relation to payments made under paragraph (1). consequential amendments 18 the amendments in schedule 5 have effect. transitional provision: existing claimants 19 1 subject to regulation 20, in relation to an existing claimant the amendments made by schedule 5 shall be treated as though they were not in force until the day that is the earlier of ("the transitional end day") - a the day referred to in paragraph (2); or b the day immediately following the day on which entitlement to a qualifying benefit ends. 2 the day referred to is the later of - a the day immediately following the end of the first benefit week, in the case of a legacy benefit claimant or spc claimant, or the end of the first assessment period, in the case of a uc claimant, that ends on or after 6th april 2018; or b the day immediately following the day referred to in paragraph (3). 3 the day referred to is the earliest of - a the day on which the secretary of state receives notification from the claimant that the claimant does not wish to accept the offer of loan payments; b i where the secretary of state has received both the loan agreement and the documents referred to in regulation 5 within the period of 6 weeks beginning with the loan payments offer date, the day referred to in paragraph (4); or ii where the secretary of state has not received both the loan agreement and the documents referred to in regulation 5 within the period of 6 weeks beginning with the loan payments offer date, the day on which that period ends. 4 the day referred to is the last day of the period of 4 weeks beginning with the first day at the beginning of which the secretary of state has received the loan agreement and documents referred to in regulation 5(2). transitional provision: lack of capacity 20 1 paragraph (2) applies where the following conditions are met in relation to an existing claimant - a the secretary of state is satisfied on or before 5th april 2018, or later than that date but within 6 weeks beginning with the loan payments offer date, that the claimant is a person who lacks capacity to make some or all decisions about entering into the loan agreement; b an application for a decision as referred to in paragraph (6) is made on or before 5th april 2018, or later than that date but within 6 weeks beginning with the loan payments offer date; and c at the time the secretary of state is satisfied as referred to in sub-paragraph (a), he has not received the loan agreement and the documents referred to in regulation 5 and has not received a notification from the claimant that the claimant does not wish to accept the offer of loan payments. 2 where this paragraph applies, the amendments made by schedule 5 shall be treated as though they were not in force until the day that is the earlier of ("the transitional end day") - a the day referred to in paragraph (3); or b the day immediately following the day on which entitlement to a qualifying benefit ends. 3 the day referred to is the later of - a the day immediately following the end of the first benefit week, in the case of a legacy benefit claimant or spc claimant, or the end of the first assessment period, in the case of a uc claimant, that ends on or after 6th april 2018; or b the day immediately following the day referred to in paragraph (4). 4 the day referred to is the earlier of - a the last day of the period of 6 weeks beginning with the day on which the relevant person makes a determination as to whether to make a decision referred to in paragraph (6); or b the last day of the period of 6 weeks beginning with the day on which the relevant person receives notification that the application for such a decision is withdrawn. 5 in paragraph (4), a relevant person makes a determination where the person makes a determination that is not dependent on receiving more information about the claimant's circumstances. 6 the decisions referred to in paragraph (4) are - a in england and wales - i a decision by the court of protection under section 16(2) of the mental capacity act 2005 to appoint a deputy with power to act on the claimant's behalf in respect of entering into a loan agreement; ii the making of an order by the court of protection under section 16(2) of the mental capacity act 2005 that embraces a decision on behalf of the claimant with respect to entering into a loan agreement; or iii a decision by the public guardian to register a lasting power of attorney under the mental capacity act 2005 where the power includes power to act on the claimant's behalf in respect of entering into a loan agreement; or b in scotland - i the making of an intervention order by the sheriff under section 53 of the adults with incapacity (scotland) act 2000 that embraces a decision on behalf of the claimant with respect to entering into a loan agreement; ii the making of an order by the sheriff under section 58 of the adults with incapacity (scotland) act 2000 to appoint a guardian with power to act on the claimant's behalf in respect of entering into a loan agreement; or iii the making of an order by the sheriff or the court of session under the judicial factors act 1849 to appoint a judicial factor with power to act on the claimant's behalf in respect of entering into a loan agreement. transition from legacy benefit to universal credit 21 1 paragraph (3) applies where - a an award of universal credit is made to a claimant who - i was entitled to a legacy benefit (a "relevant award") at any time during the period of one month ending with the day on which the claim for universal credit was made or treated as made (or would have been so entitled were it not for termination of that award by virtue of an order made under section 150(3) of the welfare reform act 2012 or the effect of the transitional provisions regulations ); or ii was at any time during the period of one month ending with the day on which the claim for universal credit was made or treated as made, the partner of a person ("p") who was at that time entitled to a relevant award, where the award of universal credit is not a joint award to the claimant and p; b on the relevant date - i the relevant award included an amount in respect of housing costs under - aa paragraphs 14 to 16 of schedule 2 to the jsa regulations ; bb paragraphs 16 to 18 of schedule 6 to the esa regulations; or cc paragraphs 15 to 17 of schedule 3 to the is regulations ; or ii the claimant was entitled to loan payments under these regulations; and c the amendments made by schedule 5 apply in relation to the award of universal credit. 2 in this regulation, the "relevant date" means - a where paragraph (1)(a)(i) applies and the claimant was not entitled to the relevant award on the date on which the claim for universal credit was made or treated as made, the date on which the relevant award terminated; b where paragraph (1)(a)(i) applies, the claimant is not a new claimant partner and he or she was entitled to the relevant award on the date on which the claim for universal credit was made, that date; c where paragraph (1)(a)(i) applies, the claimant is a new claimant partner and he or she was entitled to the relevant award on the date on which the claim for universal credit was treated as made, that date; d where paragraph (1)(a)(ii) applies, the date on which the claimant ceased to be the partner of p or, if earlier, the date on which the relevant award terminated. 3 where this paragraph applies, regulation 8(1)(b) does not apply. 4 paragraph (5) applies where paragraph (1)(a) applies and the amendments made by schedule 5 apply in relation to the award of universal credit, but - a the relevant award did not include an amount in respect of housing costs because the claimant's entitlement (or, as the case may be, p's entitlement) was nil by virtue of - i paragraph 7(1)(b) of schedule 2 to the jsa regulations ; ii paragraph 9(1)(b) of schedule 6 to the esa regulations ; or iii paragraph 8(1)(b) of schedule 3 to the is regulations ; or b the amendments made by schedule 5 applied in relation to the relevant award but the claimant was not entitled to loan payments by virtue of regulation 8(1)(b). 5 where this paragraph applies - a the definition of "qualifying period" in regulation 2(1) does not apply; and b "qualifying period" means the period of 273 days starting with the first day on which the claimant (or, as the case may be, p) was entitled to the relevant award, taking into account any period which was treated as a period of continuing entitlement under - i paragraph 13 of schedule 2 to the jsa regulations ; ii paragraph 15 of schedule 6 to the esa regulations ; or iii paragraph 14 of schedule 3 to the is regulations , provided that, throughout that part of the qualifying period after the award of universal credit is made, receipt of universal credit is continuous and the claimant otherwise qualifies for loan payments under these regulations. 6 paragraph (7) applies where - a a claimant has an award of universal credit which becomes subject to the amendments made by schedule 5; and b regulation 29 of the transitional provisions regulations applied in relation to the award. 7 where this paragraph applies - a where paragraph (3) of regulation 29 of the transitional provisions regulations applied in relation to the award, regulation 8(1)(b) does not apply; and b where paragraph (5) of regulation 29 of the transitional provisions regulations applied in relation to the award, paragraph (5) of this regulation applies in relation to the award. delegation 22 a function of the secretary of state under these regulations may be exercised by a person authorised for that purpose by the secretary of state. signed by authority of the secretary of state for work and pensions caroline dinenage parliamentary under-secretary of state department for work and pensions 5th july 2017

citation and commencement 1 this order may be cited as the rent officers (housing benefit and universal credit functions) (amendment) order 2017 and comes into force on 26th january 2018. amendment of the rent officers (housing benefit functions) order 1997 2 1 the rent officers (housing benefit functions) order 1997 is amended as follows. 2 in article 4b(3a) (date on which a broad rental market area determination takes effect) , for sub-paragraph (b) substitute - b for all other purposes - i on the next 1st april following the day on which the determination is made; or ii where the next 1st april is within 11 months beginning with the day on which the determination is made, on the next 1st april after that. . 3 in paragraph 2 of schedule 3b (broad rental market determinations and local housing allowance determinations) - a in sub-paragraph (3)(a), for "determined for that category of dwelling on 30th january 2015" substitute "last determined for that category of dwelling"; b in sub-paragraph (3a)- i in paragraph (a), for "determined for that category of dwelling on 30th january 2015" substitute "last determined for that category of dwelling"; ii for the table in paragraph (b), substitute - 1. category of dwelling as defined in the following paragraphs of this schedule 2. maximum local housing allowance for that category of dwelling paragraph 1(1)(a) (one bedroom, shared accommodation) 268.46 paragraph 1(1)(b) (one bedroom, exclusive use) 268.46 paragraph 1(1)(c) (two bedrooms) 311.40 paragraph 1(1)(d) (three bedrooms) 365.09 paragraph 1(1)(e) (four bedrooms) 429.53 4 for the table in paragraph 5a of schedule 3b, substitute - 1. broad rental market area 2. category of dwelling as defined in the following paragraphs of this schedule ashford paragraph 1(1)(b) (one bedroom, exclusive use) ashford paragraph 1(1)(d) (three bedrooms) aylesbury paragraph 1(1)(b) (one bedroom, exclusive use) aylesbury paragraph 1(1)(c) (two bedrooms) aylesbury paragraph 1(1)(d) (three bedrooms) barrow-in-furness paragraph 1(1)(a) (one bedroom, shared accommodation) basingstoke paragraph 1(1)(b) (one bedroom, exclusive use) bath paragraph 1(1)(a) (one bedroom, shared accommodation) bath paragraph 1(1)(b) (one bedroom, exclusive use) bath paragraph 1(1)(d) (three bedrooms) bath paragraph 1(1)(e) (four bedrooms) bedford paragraph 1(1)(a) (one bedroom, shared accommodation) bedford paragraph 1(1)(b) (one bedroom, exclusive use) bedford paragraph 1(1)(c) (two bedrooms) bedford paragraph 1(1)(d) (three bedrooms) bedford paragraph 1(1)(e) (four bedrooms) birmingham paragraph 1(1)(c) (two bedrooms) bolton and bury paragraph 1(1)(a) (one bedroom, shared accommodation) bolton and bury paragraph 1(1)(e) (four bedrooms) bridgend paragraph 1(1)(a) (one bedroom, shared accommodation) brighton and hove paragraph 1(1)(c) (two bedrooms) bristol paragraph 1(1)(a) (one bedroom, shared accommodation) bristol paragraph 1(1)(b) (one bedroom, exclusive use) bristol paragraph 1(1)(c) (two bedrooms) bristol paragraph 1(1)(d) (three bedrooms) bristol paragraph 1(1)(e) (four bedrooms) bury st edmunds paragraph 1(1)(a) (one bedroom, shared accommodation) bury st edmunds paragraph 1(1)(b) (one bedroom, exclusive use) bury st edmunds paragraph 1(1)(c) (two bedrooms) bury st edmunds paragraph 1(1)(d) (three bedrooms) bury st edmunds paragraph 1(1)(e) (four bedrooms) caerphilly paragraph 1(1)(a) (one bedroom, shared accommodation) cambridge paragraph 1(1)(b) (one bedroom, exclusive use) cambridge paragraph 1(1)(c) (two bedrooms) cambridge paragraph 1(1)(d) (three bedrooms) cambridge paragraph 1(1)(e) (four bedrooms) central london paragraph 1(1)(a) (one bedroom, shared accommodation) central london paragraph 1(1)(b) (one bedroom, exclusive use) central london paragraph 1(1)(c) (two bedrooms) central london paragraph 1(1)(d) (three bedrooms) central london paragraph 1(1)(e) (four bedrooms) chelmsford paragraph 1(1)(a) (one bedroom, shared accommodation) chelmsford paragraph 1(1)(c) (two bedrooms) chelmsford paragraph 1(1)(d) (three bedrooms) chelmsford paragraph 1(1)(e) (four bedrooms) cheltenham paragraph 1(1)(a) (one bedroom, shared accommodation) cherwell valley paragraph 1(1)(b) (one bedroom, exclusive use) cherwell valley paragraph 1(1)(c) (two bedrooms) chesterfield paragraph 1(1)(a) (one bedroom, shared accommodation) chilterns paragraph 1(1)(b) (one bedroom, exclusive use) chilterns paragraph 1(1)(c) (two bedrooms) coventry paragraph 1(1)(a) (one bedroom, shared accommodation) crawley & reigate paragraph 1(1)(a) (one bedroom, shared accommodation) crawley & reigate paragraph 1(1)(b) (one bedroom, exclusive use) crawley & reigate paragraph 1(1)(c) (two bedrooms) darlington paragraph 1(1)(a) (one bedroom, shared accommodation) east thames valley paragraph 1(1)(b) (one bedroom, exclusive use) east thames valley paragraph 1(1)(c) (two bedrooms) eastbourne paragraph 1(1)(b) (one bedroom, exclusive use) guildford paragraph 1(1)(a) (one bedroom, shared accommodation) guildford paragraph 1(1)(d) (three bedrooms) guildford paragraph 1(1)(e) (four bedrooms) harlow & stortford paragraph 1(1)(a) (one bedroom, shared accommodation) harlow & stortford paragraph 1(1)(b) (one bedroom, exclusive use) harlow & stortford paragraph 1(1)(c) (two bedrooms) harlow & stortford paragraph 1(1)(d) (three bedrooms) harlow & stortford paragraph 1(1)(e) (four bedrooms) herefordshire paragraph 1(1)(a) (one bedroom, shared accommodation) herefordshire paragraph 1(1)(e) (four bedrooms) huntingdon paragraph 1(1)(b) (one bedroom, exclusive use) huntingdon paragraph 1(1)(c) (two bedrooms) huntingdon paragraph 1(1)(d) (three bedrooms) inner east london paragraph 1(1)(a) (one bedroom, shared accommodation) inner east london paragraph 1(1)(b) (one bedroom, exclusive use) inner east london paragraph 1(1)(c) (two bedrooms) inner east london paragraph 1(1)(d) (three bedrooms) inner east london paragraph 1(1)(e) (four bedrooms) inner north london paragraph 1(1)(a) (one bedroom, shared accommodation) inner north london paragraph 1(1)(b) (one bedroom, exclusive use) inner north london paragraph 1(1)(c) (two bedrooms) inner north london paragraph 1(1)(d) (three bedrooms) inner north london paragraph 1(1)(e) (four bedrooms) inner south east london paragraph 1(1)(a) (one bedroom, shared accommodation) inner south east london paragraph 1(1)(b) (one bedroom, exclusive use) inner south east london paragraph 1(1)(c) (two bedrooms) inner south west london paragraph 1(1)(a) (one bedroom, shared accommodation) inner south west london paragraph 1(1)(c) (two bedrooms) inner south west london paragraph 1(1)(d) (three bedrooms) inner south west london paragraph 1(1)(e) (four bedrooms) inner west london paragraph 1(1)(b) (one bedroom, exclusive use) inner west london paragraph 1(1)(d) (three bedrooms) inner west london paragraph 1(1)(e) (four bedrooms) ipswich paragraph 1(1)(a) (one bedroom, shared accommodation) ipswich paragraph 1(1)(c) (two bedrooms) ipswich paragraph 1(1)(d) (three bedrooms) leicester paragraph 1(1)(a) (one bedroom, shared accommodation) luton paragraph 1(1)(a) (one bedroom, shared accommodation) luton paragraph 1(1)(b) (one bedroom, exclusive use) luton paragraph 1(1)(c) (two bedrooms) luton paragraph 1(1)(d) (three bedrooms) luton paragraph 1(1)(e) (four bedrooms) maidstone paragraph 1(1)(a) (one bedroom, shared accommodation) maidstone paragraph 1(1)(b) (one bedroom, exclusive use) medway & swale paragraph 1(1)(a) (one bedroom, shared accommodation) medway & swale paragraph 1(1)(d) (three bedrooms) medway & swale paragraph 1(1)(e) (four bedrooms) mid & east devon paragraph 1(1)(a) (one bedroom, shared accommodation) milton keynes paragraph 1(1)(b) (one bedroom, exclusive use) milton keynes paragraph 1(1)(c) (two bedrooms) milton keynes paragraph 1(1)(d) (three bedrooms) milton keynes paragraph 1(1)(e) (four bedrooms) neath port talbot paragraph 1(1)(a) (one bedroom, shared accommodation) newbury paragraph 1(1)(b) (one bedroom, exclusive use) newbury paragraph 1(1)(c) (two bedrooms) newbury paragraph 1(1)(d) (three bedrooms) newbury paragraph 1(1)(e) (four bedrooms) north cheshire paragraph 1(1)(a) (one bedroom, shared accommodation) north clwyd paragraph 1(1)(a) (one bedroom, shared accommodation) north cornwall & devon borders paragraph 1(1)(a) (one bedroom, shared accommodation) north west kent paragraph 1(1)(a) (one bedroom, shared accommodation) north west kent paragraph 1(1)(c) (two bedrooms) north west kent paragraph 1(1)(e) (four bedrooms) north west london paragraph 1(1)(a) (one bedroom, shared accommodation) north west london paragraph 1(1)(b) (one bedroom, exclusive use) north west london paragraph 1(1)(c) (two bedrooms) north west london paragraph 1(1)(d) (three bedrooms) north west london paragraph 1(1)(e) (four bedrooms) north west wales paragraph 1(1)(a) (one bedroom, shared accommodation) northampton paragraph 1(1)(b) (one bedroom, exclusive use) northampton paragraph 1(1)(c) (two bedrooms) northants central paragraph 1(1)(a) (one bedroom, shared accommodation) northants central paragraph 1(1)(b) (one bedroom, exclusive use) northants central paragraph 1(1)(c) (two bedrooms) northants central paragraph 1(1)(d) (three bedrooms) northumberland paragraph 1(1)(a) (one bedroom, shared accommodation) outer east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer east london paragraph 1(1)(b) (one bedroom, exclusive use) outer east london paragraph 1(1)(c) (two bedrooms) outer east london paragraph 1(1)(d) (three bedrooms) outer east london paragraph 1(1)(e) (four bedrooms) outer north east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer north east london paragraph 1(1)(b) (one bedroom, exclusive use) outer north east london paragraph 1(1)(c) (two bedrooms) outer north east london paragraph 1(1)(d) (three bedrooms) outer north east london paragraph 1(1)(e) (four bedrooms) outer north london paragraph 1(1)(b) (one bedroom, exclusive use) outer south east london paragraph 1(1)(b) (one bedroom, exclusive use) outer south east london paragraph 1(1)(c) (two bedrooms) outer south east london paragraph 1(1)(d) (three bedrooms) outer south london paragraph 1(1)(a) (one bedroom, shared accommodation) outer south london paragraph 1(1)(b) (one bedroom, exclusive use) outer south london paragraph 1(1)(c) (two bedrooms) outer south london paragraph 1(1)(e) (four bedrooms) outer south west london paragraph 1(1)(a) (one bedroom, shared accommodation) outer south west london paragraph 1(1)(b) (one bedroom, exclusive use) outer south west london paragraph 1(1)(e) (four bedrooms) outer west london paragraph 1(1)(a) (one bedroom, shared accommodation) outer west london paragraph 1(1)(b) (one bedroom, exclusive use) outer west london paragraph 1(1)(c) (two bedrooms) outer west london paragraph 1(1)(d) (three bedrooms) outer west london paragraph 1(1)(e) (four bedrooms) oxford paragraph 1(1)(a) (one bedroom, shared accommodation) reading paragraph 1(1)(a) (one bedroom, shared accommodation) reading paragraph 1(1)(c) (two bedrooms) rugby & east paragraph 1(1)(a) (one bedroom, shared accommodation) rugby & east paragraph 1(1)(b) (one bedroom, exclusive use) rugby & east paragraph 1(1)(c) (two bedrooms) rugby & east paragraph 1(1)(d) (three bedrooms) rugby & east paragraph 1(1)(e) (four bedrooms) salisbury paragraph 1(1)(a) (one bedroom, shared accommodation) solihull paragraph 1(1)(a) (one bedroom, shared accommodation) south east herts paragraph 1(1)(b) (one bedroom, exclusive use) south east herts paragraph 1(1)(c) (two bedrooms) south east herts paragraph 1(1)(d) (three bedrooms) south west essex paragraph 1(1)(b) (one bedroom, exclusive use) south west essex paragraph 1(1)(c) (two bedrooms) south west essex paragraph 1(1)(d) (three bedrooms) south west herts paragraph 1(1)(a) (one bedroom, shared accommodation) south west herts paragraph 1(1)(b) (one bedroom, exclusive use) south west herts paragraph 1(1)(c) (two bedrooms) south west herts paragraph 1(1)(d) (three bedrooms) southend paragraph 1(1)(b) (one bedroom, exclusive use) southend paragraph 1(1)(c) (two bedrooms) southern greater manchester paragraph 1(1)(a) (one bedroom, shared accommodation) st helens paragraph 1(1)(e) (four bedrooms) staffordshire north paragraph 1(1)(a) (one bedroom, shared accommodation) stevenage & north herts paragraph 1(1)(b) (one bedroom, exclusive use) stevenage & north herts paragraph 1(1)(c) (two bedrooms) stevenage & north herts paragraph 1(1)(d) (three bedrooms) stevenage & north herts paragraph 1(1)(e) (four bedrooms) sunderland paragraph 1(1)(a) (one bedroom, shared accommodation) swansea paragraph 1(1)(a) (one bedroom, shared accommodation) swindon paragraph 1(1)(a) (one bedroom, shared accommodation) swindon paragraph 1(1)(b) (one bedroom, exclusive use) swindon paragraph 1(1)(c) (two bedrooms) swindon paragraph 1(1)(d) (three bedrooms) swindon paragraph 1(1)(e) (four bedrooms) thanet paragraph 1(1)(a) (one bedroom, shared accommodation) thanet paragraph 1(1)(b) (one bedroom, exclusive use) thanet paragraph 1(1)(c) (two bedrooms) thanet paragraph 1(1)(e) (four bedrooms) vale of glamorgan paragraph 1(1)(a) (one bedroom, shared accommodation) walton paragraph 1(1)(a) (one bedroom, shared accommodation) walton paragraph 1(1)(b) (one bedroom, exclusive use) warwickshire south paragraph 1(1)(a) (one bedroom, shared accommodation) warwickshire south paragraph 1(1)(b) (one bedroom, exclusive use) warwickshire south paragraph 1(1)(c) (two bedrooms) west cumbria paragraph 1(1)(a) (one bedroom, shared accommodation) winchester paragraph 1(1)(a) (one bedroom, shared accommodation) worcester south paragraph 1(1)(e) (four bedrooms) amendment of the rent officers (housing benefit functions) (scotland) order 1997 3 1 the rent officers (housing benefit functions) (scotland) order 1997 is amended as follows. 2 in article 4b(3a) (date on which a broad rental market area determination takes effect) , for sub-paragraph (b) substitute - b for all other purposes - i on the next 1st april following the day on which the determination is made; or ii where the next 1st april is within 11 months beginning with the day on which the determination is made, on the next 1st april after that. . 3 in paragraph 2 of schedule 3b (local housing allowance determinations) - a in sub-paragraph (2a), after "lothian" insert "and east dunbartonshire"; b in sub-paragraph (2b) - i in paragraph (a), for "category" substitute "categories" and after "(one bedroom, exclusive use)" insert "or paragraph 1(1)(c) of this schedule (two bedrooms)"; c after sub-paragraph (2b) insert - 2c for the east dunbartonshire broad rental market area, the local housing allowance - a for the category of dwelling defined in paragraph 1(1)(a) of this schedule (one bedroom, shared accommodation), is the lower of the amounts set out in sub-paragraph (3a)(a) and (b); b for all other categories of dwelling, is the lower of the amounts set out in sub-paragraph (3)(a) and (b). ; d in sub-paragraph (3) - i in the words before paragraph (a), for "and (2b)(b)" substitute ", (2b)(b) and (2c)(b)"; ii in paragraph (a), for "determined for that category of dwelling on 30th january 2015" substitute "last determined for that category of dwelling"; e in sub-paragraph (3a) - i after "(2b)(a)" insert "and (2c)(a)"; ii in paragraph (a), for "determined for that category of dwelling on 30th january 2015" substitute "last determined for that category of dwelling"; and iii for paragraph (b) substitute - b the maximum local housing allowance listed in column 2 of the following table for the category of dwelling - 1. category of dwelling as defined in the following paragraphs of this schedule 2. maximum local housing allowance for that category of dwelling paragraph 1(1)(a) (one bedroom, shared accommodation) 268.46 paragraph 1(1)(b) (one bedroom, exclusive use) 268.46 paragraph 1(1)(c) (two bedrooms) 311.40 amendment of the rent officers (universal credit functions) order 2013 4 1 the rent officers (universal credit functions) order 2013 is amended as follows. 2 in article 3 (broad rental market area determinations) - a for paragraph (6)(b) (date on which a broad rental market area determination takes effect) substitute - b for all other purposes - i on the next relevant monday following the day on which the determination is made; or ii where the next relevant monday is within 11 months beginning with the day on which the determination is made, on the next relevant monday after that. ; b after paragraph (7) insert - 8 "relevant monday" has the same meaning as in article 4(4). . 3 in paragraph 2 of schedule 1 (local housing allowance determinations) - a in sub-paragraph (3)(a), for "determined for that category of accommodation on 30th january 2015" substitute "last determined for that category of accommodation"; b in sub-paragraph (3a) - i in paragraph (a), for "determined for that category of accommodation on 30th january 2015" substitute "last determined for that category of accommodation"; and ii for the table in paragraph (b), substitute - 1. category of accommodation as defined in the following paragraphs of this schedule 2. maximum local housing allowance for that category of accommodation paragraph 1(1)(a) (one bedroom, shared accommodation) 1,163.30 paragraph 1(1)(b) (one bedroom, exclusive use) 1,163.30 paragraph 1(1)(c) (two bedrooms) 1,349.43 paragraph 1(1)(d) (three bedrooms) 1,582.09 paragraph 1(1)(e) (four bedrooms) 1,861.28 4 for the table in paragraph 5a of schedule 1, substitute - 1. broad rental market area 2. category of accommodation as defined in the following paragraphs of this schedule ashford paragraph 1(1)(b) (one bedroom, exclusive use) ashford paragraph 1(1)(d) (three bedrooms) aylesbury paragraph 1(1)(b) (one bedroom, exclusive use) aylesbury paragraph 1(1)(c) (two bedrooms) aylesbury paragraph 1(1)(d) (three bedrooms) barrow-in-furness paragraph 1(1)(a) (one bedroom, shared accommodation) basingstoke paragraph 1(1)(b) (one bedroom, exclusive use) bath paragraph 1(1)(a) (one bedroom, shared accommodation) bath paragraph 1(1)(b) (one bedroom, exclusive use) bath paragraph 1(1)(d) (three bedrooms) bath paragraph 1(1)(e) (four bedrooms) bedford paragraph 1(1)(a) (one bedroom, shared accommodation) bedford paragraph 1(1)(b) (one bedroom, exclusive use) bedford paragraph 1(1)(c) (two bedrooms) bedford paragraph 1(1)(d) (three bedrooms) bedford paragraph 1(1)(e) (four bedrooms) birmingham paragraph 1(1)(c) (two bedrooms) bolton and bury paragraph 1(1)(a) (one bedroom, shared accommodation) bolton and bury paragraph 1(1)(e) (four bedrooms) bridgend paragraph 1(1)(a) (one bedroom, shared accommodation) brighton and hove paragraph 1(1)(c) (two bedrooms) bristol paragraph 1(1)(a) (one bedroom, shared accommodation) bristol paragraph 1(1)(b) (one bedroom, exclusive use) bristol paragraph 1(1)(c) (two bedrooms) bristol paragraph 1(1)(d) (three bedrooms) bristol paragraph 1(1)(e) (four bedrooms) bury st edmunds paragraph 1(1)(a) (one bedroom, shared accommodation) bury st edmunds paragraph 1(1)(b) (one bedroom, exclusive use) bury st edmunds paragraph 1(1)(c) (two bedrooms) bury st edmunds paragraph 1(1)(d) (three bedrooms) bury st edmunds paragraph 1(1)(e) (four bedrooms) caerphilly paragraph 1(1)(a) (one bedroom, shared accommodation) cambridge paragraph 1(1)(b) (one bedroom, exclusive use) cambridge paragraph 1(1)(c) (two bedrooms) cambridge paragraph 1(1)(d) (three bedrooms) cambridge paragraph 1(1)(e) (four bedrooms) central london paragraph 1(1)(a) (one bedroom, shared accommodation) central london paragraph 1(1)(b) (one bedroom, exclusive use) central london paragraph 1(1)(c) (two bedrooms) central london paragraph 1(1)(d) (three bedrooms) central london paragraph 1(1)(e) (four bedrooms) chelmsford paragraph 1(1)(a) (one bedroom, shared accommodation) chelmsford paragraph 1(1)(c) (two bedrooms) chelmsford paragraph 1(1)(d) (three bedrooms) chelmsford paragraph 1(1)(e) (four bedrooms) cheltenham paragraph 1(1)(a) (one bedroom, shared accommodation) cherwell valley paragraph 1(1)(b) (one bedroom, exclusive use) cherwell valley paragraph 1(1)(c) (two bedrooms) chesterfield paragraph 1(1)(a) (one bedroom, shared accommodation) chilterns paragraph 1(1)(b) (one bedroom, exclusive use) chilterns paragraph 1(1)(c) (two bedrooms) coventry paragraph 1(1)(a) (one bedroom, shared accommodation) crawley & reigate paragraph 1(1)(a) (one bedroom, shared accommodation) crawley & reigate paragraph 1(1)(b) (one bedroom, exclusive use) crawley & reigate paragraph 1(1)(c) (two bedrooms) darlington paragraph 1(1)(a) (one bedroom, shared accommodation) east dunbartonshire paragraph 1(1)(a) (one bedroom, shared accommodation) east thames valley paragraph 1(1)(b) (one bedroom, exclusive use) east thames valley paragraph 1(1)(c) (two bedrooms) eastbourne paragraph 1(1)(b) (one bedroom, exclusive use) guildford paragraph 1(1)(a) (one bedroom, shared accommodation) guildford paragraph 1(1)(d) (three bedrooms) guildford paragraph 1(1)(e) (four bedrooms) harlow & stortford paragraph 1(1)(a) (one bedroom, shared accommodation) harlow & stortford paragraph 1(1)(b) (one bedroom, exclusive use) harlow & stortford paragraph 1(1)(c) (two bedrooms) harlow & stortford paragraph 1(1)(d) (three bedrooms) harlow & stortford paragraph 1(1)(e) (four bedrooms) herefordshire paragraph 1(1)(a) (one bedroom, shared accommodation) herefordshire paragraph 1(1)(e) (four bedrooms) huntingdon paragraph 1(1)(b) (one bedroom, exclusive use) huntingdon paragraph 1(1)(c) (two bedrooms) huntingdon paragraph 1(1)(d) (three bedrooms) inner east london paragraph 1(1)(a) (one bedroom, shared accommodation) inner east london paragraph 1(1)(b) (one bedroom, exclusive use) inner east london paragraph 1(1)(c) (two bedrooms) inner east london paragraph 1(1)(d) (three bedrooms) inner east london paragraph 1(1)(e) (four bedrooms) inner north london paragraph 1(1)(a) (one bedroom, shared accommodation) inner north london paragraph 1(1)(b) (one bedroom, exclusive use) inner north london paragraph 1(1)(c) (two bedrooms) inner north london paragraph 1(1)(d) (three bedrooms) inner north london paragraph 1(1)(e) (four bedrooms) inner south east london paragraph 1(1)(a) (one bedroom, shared accommodation) inner south east london paragraph 1(1)(b) (one bedroom, exclusive use) inner south east london paragraph 1(1)(c) (two bedrooms) inner south west london paragraph 1(1)(a) (one bedroom, shared accommodation) inner south west london paragraph 1(1)(c) (two bedrooms) inner south west london paragraph 1(1)(d) (three bedrooms) inner south west london paragraph 1(1)(e) (four bedrooms) inner west london paragraph 1(1)(b) (one bedroom, exclusive use) inner west london paragraph 1(1)(d) (three bedrooms) inner west london paragraph 1(1)(e) (four bedrooms) ipswich paragraph 1(1)(a) (one bedroom, shared accommodation) ipswich paragraph 1(1)(c) (two bedrooms) ipswich paragraph 1(1)(d) (three bedrooms) leicester paragraph 1(1)(a) (one bedroom, shared accommodation) lothian paragraph 1(1)(b) (one bedroom, exclusive use) lothian paragraph 1(1)(c) (two bedrooms) luton paragraph 1(1)(a) (one bedroom, shared accommodation) luton paragraph 1(1)(b) (one bedroom, exclusive use) luton paragraph 1(1)(c) (two bedrooms) luton paragraph 1(1)(d) (three bedrooms) luton paragraph 1(1)(e) (four bedrooms) maidstone paragraph 1(1)(a) (one bedroom, shared accommodation) maidstone paragraph 1(1)(b) (one bedroom, exclusive use) medway & swale paragraph 1(1)(a) (one bedroom, shared accommodation) medway & swale paragraph 1(1)(d) (three bedrooms) medway & swale paragraph 1(1)(e) (four bedrooms) mid & east devon paragraph 1(1)(a) (one bedroom, shared accommodation) milton keynes paragraph 1(1)(b) (one bedroom, exclusive use) milton keynes paragraph 1(1)(c) (two bedrooms) milton keynes paragraph 1(1)(d) (three bedrooms) milton keynes paragraph 1(1)(e) (four bedrooms) neath port talbot paragraph 1(1)(a) (one bedroom, shared accommodation) newbury paragraph 1(1)(b) (one bedroom, exclusive use) newbury paragraph 1(1)(c) (two bedrooms) newbury paragraph 1(1)(d) (three bedrooms) newbury paragraph 1(1)(e) (four bedrooms) north cheshire paragraph 1(1)(a) (one bedroom, shared accommodation) north clwyd paragraph 1(1)(a) (one bedroom, shared accommodation) north cornwall & devon borders paragraph 1(1)(a) (one bedroom, shared accommodation) north west kent paragraph 1(1)(a) (one bedroom, shared accommodation) north west kent paragraph 1(1)(c) (two bedrooms) north west kent paragraph 1(1)(e) (four bedrooms) north west london paragraph 1(1)(a) (one bedroom, shared accommodation) north west london paragraph 1(1)(b) (one bedroom, exclusive use) north west london paragraph 1(1)(c) (two bedrooms) north west london paragraph 1(1)(d) (three bedrooms) north west london paragraph 1(1)(e) (four bedrooms) north west wales paragraph 1(1)(a) (one bedroom, shared accommodation) northampton paragraph 1(1)(b) (one bedroom, exclusive use) northampton paragraph 1(1)(c) (two bedrooms) northants central paragraph 1(1)(a) (one bedroom, shared accommodation) northants central paragraph 1(1)(b) (one bedroom, exclusive use) northants central paragraph 1(1)(c) (two bedrooms) northants central paragraph 1(1)(d) (three bedrooms) northumberland paragraph 1(1)(a) (one bedroom, shared accommodation) outer east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer east london paragraph 1(1)(b) (one bedroom, exclusive use) outer east london paragraph 1(1)(c) (two bedrooms) outer east london paragraph 1(1)(d) (three bedrooms) outer east london paragraph 1(1)(e) (four bedrooms) outer north east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer north east london paragraph 1(1)(b) (one bedroom, exclusive use) outer north east london paragraph 1(1)(c) (two bedrooms) outer north east london paragraph 1(1)(d) (three bedrooms) outer north east london paragraph 1(1)(e) (four bedrooms) outer north london paragraph 1(1)(b) (one bedroom, exclusive use) outer south east london paragraph 1(1)(b) (one bedroom, exclusive use) outer south east london paragraph 1(1)(c) (two bedrooms) outer south east london paragraph 1(1)(d) (three bedrooms) outer south london paragraph 1(1)(a) (one bedroom, shared accommodation) outer south london paragraph 1(1)(b) (one bedroom, exclusive use) outer south london paragraph 1(1)(c) (two bedrooms) outer south london paragraph 1(1)(e) (four bedrooms) outer south west london paragraph 1(1)(a) (one bedroom, shared accommodation) outer south west london paragraph 1(1)(b) (one bedroom, exclusive use) outer south west london paragraph 1(1)(e) (four bedrooms) outer west london paragraph 1(1)(a) (one bedroom, shared accommodation) outer west london paragraph 1(1)(b) (one bedroom, exclusive use) outer west london paragraph 1(1)(c) (two bedrooms) outer west london paragraph 1(1)(d) (three bedrooms) outer west london paragraph 1(1)(e) (four bedrooms) oxford paragraph 1(1)(a) (one bedroom, shared accommodation) reading paragraph 1(1)(a) (one bedroom, shared accommodation) reading paragraph 1(1)(c) (two bedrooms) rugby & east paragraph 1(1)(a) (one bedroom, shared accommodation) rugby & east paragraph 1(1)(b) (one bedroom, exclusive use) rugby & east paragraph 1(1)(c) (two bedrooms) rugby & east paragraph 1(1)(d) (three bedrooms) rugby & east paragraph 1(1)(e) (four bedrooms) salisbury paragraph 1(1)(a) (one bedroom, shared accommodation) solihull paragraph 1(1)(a) (one bedroom, shared accommodation) south east herts paragraph 1(1)(b) (one bedroom, exclusive use) south east herts paragraph 1(1)(c) (two bedrooms) south east herts paragraph 1(1)(d) (three bedrooms) south west essex paragraph 1(1)(b) (one bedroom, exclusive use) south west essex paragraph 1(1)(c) (two bedrooms) south west essex paragraph 1(1)(d) (three bedrooms) south west herts paragraph 1(1)(a) (one bedroom, shared accommodation) south west herts paragraph 1(1)(b) (one bedroom, exclusive use) south west herts paragraph 1(1)(c) (two bedrooms) south west herts paragraph 1(1)(d) (three bedrooms) southend paragraph 1(1)(b) (one bedroom, exclusive use) southend paragraph 1(1)(c) (two bedrooms) southern greater manchester paragraph 1(1)(a) (one bedroom, shared accommodation) st helens paragraph 1(1)(e) (four bedrooms) staffordshire north paragraph 1(1)(a) (one bedroom, shared accommodation) stevenage & north herts paragraph 1(1)(b) (one bedroom, exclusive use) stevenage & north herts paragraph 1(1)(c) (two bedrooms) stevenage & north herts paragraph 1(1)(d) (three bedrooms) stevenage & north herts paragraph 1(1)(e) (four bedrooms) sunderland paragraph 1(1)(a) (one bedroom, shared accommodation) swansea paragraph 1(1)(a) (one bedroom, shared accommodation) swindon paragraph 1(1)(a) (one bedroom, shared accommodation) swindon paragraph 1(1)(b) (one bedroom, exclusive use) swindon paragraph 1(1)(c) (two bedrooms) swindon paragraph 1(1)(d) (three bedrooms) swindon paragraph 1(1)(e) (four bedrooms) thanet paragraph 1(1)(a) (one bedroom, shared accommodation) thanet paragraph 1(1)(b) (one bedroom, exclusive use) thanet paragraph 1(1)(c) (two bedrooms) thanet paragraph 1(1)(e) (four bedrooms) vale of glamorgan paragraph 1(1)(a) (one bedroom, shared accommodation) walton paragraph 1(1)(a) (one bedroom, shared accommodation) walton paragraph 1(1)(b) (one bedroom, exclusive use) warwickshire south paragraph 1(1)(a) (one bedroom, shared accommodation) warwickshire south paragraph 1(1)(b) (one bedroom, exclusive use) warwickshire south paragraph 1(1)(c) (two bedrooms) west cumbria paragraph 1(1)(a) (one bedroom, shared accommodation) winchester paragraph 1(1)(a) (one bedroom, shared accommodation) worcester south paragraph 1(1)(e) (four bedrooms) signed by authority of the secretary of state for work and pensions caroline dinenage parliamentary under secretary of state department for work and pensions at 11.08 a.m. on 21st december 2017

citation and commencement 1 1 this order may be cited as the kingston upon hull (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 articles 3 and 4 come into force - a for the purpose of proceedings preliminary, or relating, to the election of councillors, on the day after the day on which it is made; b for all other purposes, on the ordinary day of election of councillors in england and wales in 2018. interpretation 2 1 in this order "the map" means the map marked "map referred to in the kingston upon hull (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 city of kingston upon hull 3 1 the existing wards of the city of kingston upon hull are abolished. 2 the city of kingston upon hull is divided into 21 wards as listed in the first column of the table in schedule 1 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected for each ward is the number specified in relation to that ward in the second column of the table in schedule 1 elections of the city of kingston upon hull 4 1 elections of all councillors for each ward of the city of kingston upon hull 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 retires 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 the newly elected councillors are 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. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 13th december 2017

citation, commencement and interpretation 1 1 this order may be cited as the harrogate (electoral changes) order 2017. 2 the provisions of this order specified in paragraph (3) come into force on the day after the day on which this order is made. 3 the provisions specified in this paragraph are - a this article; and b the remaining provisions of this order, but only for the purpose of proceedings preliminary, or relating, to the election of councillors. 4 the provisions of this order specified in paragraph (3)(b) come into force for all purposes other than those described in that paragraph on the ordinary day of election of councillors in england and wales in 2018. 5 in this article "the ordinary day of election of councillors in england and wales" has the meaning given by section 37(1) of the representation of the people act 1983 . 6 in this order "the map" means the map marked "map referred to in the harrogate (electoral changes) order 2017", held by the local government boundary commission for england . 7 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of the borough of harrogate and number of councillors 2 1 the existing wards of the borough of harrogate are abolished. 2 the borough of harrogate is divided into 40 wards as listed in schedule 1. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 one councillor is to be elected to each ward listed in schedule 1. wards of the parishes of killinghall, knaresborough and ripon 3 1 the existing wards of the parishes of killinghall, knaresborough and ripon are abolished. 2 each of the parishes mentioned in paragraph (1) is divided into the parish wards listed in the entries in the second column of the table in schedule 2 which relate to that parish. 3 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 4 the number of councillors to be elected to each parish ward is the number specified by the entry in the third column of the table in schedule 2 which relates to that parish ward. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 27th march 2017

citation, commencement and interpretation 1 1 this order may be cited as the immigration (health charge) (amendment) order 2017 and comes into force on the twenty-first day after the day on which it is made. 2 in this order, "the principal order" means the immigration (health charge) order 2015 . amendments to article 6 of the principal order 2 1 article 6 (consequences of a failure to pay a charge) of the principal order is amended as follows. 2 for paragraph (4), substitute - 4 paragraph (5) applies where - a a person has been refused entry clearance or leave to remain; b a condition in paragraph (4a) is met; and c a condition in paragraph (4b) is met. 4a the conditions are that - a the secretary of state has refunded all or part of the amount of the charge under article 8; b the secretary of state has waived payment of all or part of the charge under article 8; c an entry clearance officer or the secretary of state, as applicable, did not, in respect of a person required by article 3 to pay a charge but who did not do so, request that the person pay that charge under article 6(1)(a). 4b the conditions are that the decision to refuse entry clearance or leave to remain is subsequently - a withdrawn because of a case working error under appendix ar of the immigration rules or otherwise by the secretary of state; b found to be unlawful by a competent court or tribunal. . 3 in paragraph (5) - a in sub-paragraph (a), for "charge" substitute "charge or part of the charge"; and b in sub-paragraphs (b) and (c), for "the charge" substitute "that amount". 4 after paragraph (5) insert - 6 paragraph (7) applies where - a a person has applied for entry clearance or leave to remain for a particular period; b entry clearance or leave to remain is granted for a shorter period than that for which the application was made ("the reduced period of leave"); c the secretary of state has refunded all or part of the charge under article 8; and d the secretary of state or a competent court or tribunal subsequently determines that entry clearance or leave to remain for a longer period than the reduced period of leave is to be granted ("the additional period of leave"). 7 where this paragraph applies - a an entry clearance officer or the secretary of state, as applicable, may request that the person pays the amount of the charge for the additional period of leave calculated in accordance with article 4 ("the additional amount"); b the person must pay the additional amount within 10 working days beginning with the date when the request for payment under sub-paragraph (a) is sent in writing or made by telephone or in person; c if the additional amount is not paid within the period mentioned in sub-paragraph (b), the additional period of leave must not be granted. . amendments to schedule 2 to the principal order 3 1 schedule 2 to the principal order is amended as follows. 2 in paragraph 1(b), for "entry clearance" substitute "entry clearance or leave to remain". 3 omit paragraph 1(c). 4 for paragraph 1(g), substitute - g for leave to remain for a trafficking convention reason, or under paragraph 159i of the immigration rules as a domestic worker who is the victim of slavery or human trafficking, where the applicant has received a positive conclusive grounds decision from a competent authority; . 5 in paragraph 1(i), for "sub-paragraph (c), (e), (f), (g) or (h)" substitute "sub-paragraph (e), (f), (g) or (h)". 6 after paragraph 3, insert - 4 in this schedule - "competent authority" means a designated competent authority of the united kingdom for the purposes of the trafficking convention; "positive conclusive grounds decision" means a decision made by a competent authority that the applicant is either - a victim of human trafficking, or a victim of slavery, servitude or forced or compulsory labour; "trafficking convention" means the council of europe convention on action against trafficking in human beings ; "trafficking convention reason" means a reason, in accordance with the united kingdom's obligations under the trafficking convention, that the applicant's stay in the united kingdom is necessary - because of the applicant's personal situation, because the applicant is co-operating with a police investigation or criminal proceedings, or in order to pursue a claim for compensation against the applicant's trafficker or modern slavery facilitator. . transitional provision 4 the amendments to the principal order made by this order do not apply in relation to applications for entry clearance or leave to remain made before the coming into force of this order. robert goodwill minister of state home office 16th march 2017

citation and commencement 1 these regulations may be cited as the national health service (pharmaceutical and local pharmaceutical services) (amendment) regulations 2017 and come into force on 30th august 2017. amendment of regulation 121 of the national health service (pharmaceutical and local pharmaceutical services) regulations 2013 2 in regulation 121 of the national health service (pharmaceutical and local pharmaceutical services) regulations 2013 (review of these regulations), in paragraph (3), for "31st august 2017" substitute "31st march 2018". signed by authority of the secretary of state for health. stephen brine parliamentary under-secretary of state, department of health 26th june 2017

citation, commencement and extent 1 1 these regulations may be cited as the sexual offences act 2003 (prescribed police stations) regulations 2017 and come into force on 12th may 2017. 2 these regulations extend to england and wales only. prescribed police stations 2 the police stations listed in the schedule to these regulations are prescribed for the purposes of section 87(1)(a) of the sexual offences act 2003. revocation 3 the sexual offences act 2003 (prescribed police stations) ( no. 2) regulations 2015 are revoked. sarah newton parliamentary under secretary of state home office 18th april 2017

citation and commencement 1 this order may be cited as the port of teignmouth (transfer of undertaking) harbour revision order 2017 and shall come into force on 1st march 2017. interpretation 2 in this order - "a.b. ports" means associated british ports; "the port of teignmouth" means the docks and harbour at teignmouth regulated by the teignmouth quays orders; "teignmouth quays orders" means the teignmouth quays orders 1887 , and 1893 and the teignmouth quays harbour revision order 2004 ; "tqc" means teignmouth quay company limited; "the transfer date" means 1st april 2017; and "the undertaking" means the undertaking of tqc in relation to the port of teignmouth. establishment of a.b. ports as harbour authority for the undertaking 3 on the transfer date a.b. ports shall be established as the harbour authority for the port of teignmouth in place of tqc. transfer of functions, property, etc. 4 1 on the transfer date all statutory and other powers and duties conferred or imposed on tqc by any provision of the teignmouth quays orders in force immediately before that date shall be transferred from tqc to a.b. ports. 2 on the transfer date the undertaking as existing immediately before that date, including the lands, works, building, machinery stores and other real and personal property, assets and effects, rights, powers and privileges vested in or enjoyed by tqc, and all liabilities and obligations to which tqc is then subject in relation to the undertaking, shall be transferred to and vest in a.b. ports. 3 on and after the transfer date any statutory provision of local application or document whatsoever shall have effect in its application to the transferred undertaking as if any reference however worded and whether express or implied - a to tqc, were construed as a reference to a.b. ports; and b to an officer, employee or servant of tqc, were construed as a reference to an officer, employee or servant of a.b. ports. byelaws etc. 5 on and after the transfer date a byelaw, regulation, licence or consent made, issued or granted by tqc in relation to the undertaking and in force immediately before that date shall continue in force and have effect as if made, issued or granted by a.b. ports. contracts to be binding 6 all purchases, sales, conveyances, deeds, contracts and agreements entered into or made by tqc and in force immediately before the transfer date shall, on and after that date, be as binding and of as full force and effect in every respect against or in favour of a.b. ports as they have heretofore been against or in favour of tqc and may be enforced as fully and effectively as if in place of tqc, a.b. ports had been a party thereto. proceedings not to abate 7 on and after the transfer date all legal and other proceedings begun before that date and relating to any property, rights or liabilities transferred to a.b. ports by this order may be carried on by or in relation to a.b. ports. signed by authority of the marine management organisation j f tuckett chief executive officer an authorised employee of the marine management organisation 1st february 2017

citation and commencement 1 this order may be cited as the keuper underground gas storage facility (correction) order 2017 and comes into force on 8th august 2017. corrections 2 the corrections to be made to the keuper underground gas storage facility order 2017 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 7th august 2017

citation, commencement and effect 1 1 these regulations may be cited as the corporate interest restriction (consequential amendments) regulations 2017 and come into force on 29th december 2017. 2 the regulations have effect for accounting periods beginning on or after 1 april 2017. 3 an accounting period beginning before and ending after 1 april 2017 is to be treated for the purposes of these regulations as if so much of the accounting period as falls before that date, and so much of the period as falls on or after that date, were separate accounting periods. 4 where it is necessary to apportion an amount to the two separate accounting periods, it is to be apportioned on a just and reasonable basis. amendments to the authorised investment funds (tax) regulations 2006 2 1 the authorised investment funds (tax) regulations 2006 are amended as follows. 2 in regulation 18 (interest distributions: general), after paragraph (2) insert - 2a for the purposes of part 10 (corporate interest restriction) of tiopa 2010, an interest distribution is treated as not being a tax-interest expense amount of the authorised investment fund. 3 in regulation 69z16 (paif distributions (interest)) , after paragraph (2) insert - 2a for the purposes of part 10 (corporate interest restriction) of tiopa 2010, a paif distribution (interest) is treated as not being a tax-interest expense amount of the company. 4 in regulation 69z61 (tef distributions (non-dividend)) , after paragraph (2) insert - 2a for the purposes of part 10 (corporate interest restriction) of tiopa 2010, a tef distribution (non-dividend) is treated as not being a tax-interest expense amount of the tax elected fund. amendment to the taxation of securitisation companies regulations 2006 3 1 the taxation of securitisation companies regulations 2006 are amended as follows. 2 at the end insert - 22 1 for the purposes of part 10 (corporate interest restriction) of tiopa 2010 - a the net tax-interest income for an accounting period of the securitisation company is the sum of - i the amount of profit calculated under regulation 14 for that period, and ii the amount of any management fee paid in that period by the securitisation company to another uk group company in relation to the management of assets held by the securitisation company for the purposes of the capital market arrangement; and b the adjusted corporation tax earnings of the securitisation company for an accounting period is a negative amount equal to the amount in paragraph (a)(ii). 2 section 414(3)(b) (qualifying net group-interest expense, results dependent securities) of that act does not apply in relation to any interest paid or other distribution made by a securitisation company. amendment to the taxation of insurance securitisation companies regulations 2007 4 1 the taxation of insurance securitisation companies regulations 2007 are amended as follows. 2 at the end insert - the taxation (international and other provisions) act 2010 12 section 414(3)(b) (qualifying net group-interest expense, results dependent securities) of tiopa 2010 does not apply in relation to any interest paid or other distribution made by an insurance securitisation company. amendment of the investment trusts (dividends) (optional treatment as interest distributions) regulations 2009 5 1 amend the investment trusts (dividends) (optional treatment as interest distributions) regulations 2009 as follows. 2 in part 2, after regulation 12 insert - application of corporate interest restriction rules 12a for the purposes of part 10 (corporate interest restriction) of tiopa 2010, an interest distribution is treated as not being a tax-interest expense amount of the company. heather wheeler andrew griffiths two of the lords commissioners of her majesty's treasury 7th december 2017

citation, commencement and application 1 1 this order may be cited as the fixed penalty (amendment) order 2017 and comes into force on 1st march 2017. 2 this order does not apply to offences committed before it comes into force. amendment of the fixed penalty order 2000 2 in the table in schedule 1 (fixed penalties) to the fixed penalty order 2000 , after the entry for item number 1, insert - 1a a fixed penalty offence under section 41d(b) of the road traffic act 1988 200 signed by authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 24th january 2017

citation, commencement and application 1 1 this order - a may be cited as the local government finance act 1988 (non-domestic rating multipliers) (england) order 2017; b comes into force on the day after the day in which it is approved by a resolution of the house of commons, provided that the time condition in paragraph (2) is met; and c applies in relation to england only. 2 the "time condition" is that the approval of the order must be given before the approval by the house of commons of the local government finance report for the financial year beginning on 1st april 2018. non-domestic rating multiplier 2 for the purposes of paragraph 3 of schedule 7 to the local government finance act 1988 b is specified as 272.8 for the financial year beginning on 1st april 2018. mark spencer andrew griffiths two of the lords commissioners of her majesty's treasury 19th december 2017

citation and commencement 1 these regulations may be cited as the social security (income-related benefits) amendment regulations 2017 and come into force on 20th march 2017. amendment of the income support (general) regulations 1987 2 for paragraph 16(f) of schedule 9 (sums to be disregarded in the calculation of income other than earnings) to the income support (general) regulations 1987 , substitute - f a pension paid by a government to victims of national socialist persecution; . amendment of the jobseeker's allowance regulations 1996 3 for paragraph 17(g) of schedule 7 (sums to be disregarded in the calculation of income other than earnings) to the jobseeker's allowance regulations 1996 , substitute - g a pension paid by a government to victims of national socialist persecution; . the state pension credit regulations 2002 4 1 the state pension credit regulations 2002 are amended as follows. 2 for regulation 15(5)(b) (income for the purposes of the act), substitute - b a pension paid by a government to victims of national socialist persecution; . 3 for paragraph 1(f) of schedule 4 (amounts to be disregarded in the calculation of income other than earnings), substitute - f a pension paid by a government to victims of national socialist persecution. . the housing benefit regulations 2006 5 for paragraph 15(g) of schedule 5 (sums to be disregarded in the calculation of income other than earnings) to the housing benefit regulations 2006 , substitute - g a pension paid by a government to victims of national socialist persecution. . the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 6 1 the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 are amended as follows. 2 for regulation 29(1)(m) (meaning of "income"), substitute - m a pension paid by a government to victims of national socialist persecution; . 3 for paragraph 1(g) of schedule 5 (amounts to be disregarded in the calculation of income other than earnings), substitute - g a pension paid by a government to victims of national socialist persecution. . the employment and support allowance regulations 2008 7 for paragraph 17(g) of schedule 8 (sums to be disregarded in the calculation of income other than earnings) to the employment and support allowance regulations 2008 , substitute - g a pension paid by a government to victims of national socialist persecution; . 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 and commencement 1 these regulations may be cited as the childcare (provision of information about young children) (england) (amendment) regulations 2017 and come into force on 1st september 2017. amendments to the childcare (provision of information about young children) (england) regulations 2009 2 the childcare (provision of information about young children) (england) regulations 2009 are amended as follows. 3 in regulation 2 (interpretation) - 1 for the definition of "the 2014 regulations" substitute - "the 2017 regulations " means the school and early years finance (england) regulations 2017 ; 2 after the definition of "the chief inspector" insert - "disability access fund" means funding allocated by a local authority for the purpose of funded early years provision to children who meet the criteria in regulation 18(3) of the 2017 regulations; 3 in the definition of "early years pupil premium" for "school and early years finance (england) regulations 2014" substitute "2017 regulations"; and 4 for the definition of "funded early years provision" substitute - "funded early years provision" means early years provision which is available free of charge in pursuance of the duty imposed - by section 7 of the act (duty to secure prescribed early years provision free of charge); and under section 2 of the childcare act 2016 (extended entitlement) ; 4 in the schedule - 1 after paragraph 10 insert - 10a number of hours funded by the local authority in excess of funded early years provision that the child receives per week. 2 before sub-paragraph (1) of paragraph 12 insert - a1 whether funded early years provision is provided to the child in more than 38 weeks in the funding period. 3 in paragraph 12(2) for "section 8 of the act (powers of a local authority in relation to the provision of childcare)" substitute "section 7a of the act and section 2 of the childcare act 2016". 4 in paragraph 14(2) for "sub-paragraph (11)(c)(i) or (ii) of regulation 16 of the 2014 regulations" substitute "sub-paragraph (2)(c)(i) or (ii) of regulation 17 of the 2017 regulations". 5 in paragraph 14(3) for "sub-paragraph (14) of regulation 16 of the 2014 regulations" substitute "sub-paragraph (5) of regulation 17 of the 2017 regulations". 6 after paragraph 14 insert - 15 whether the provider is in receipt of a disability access fund allocation in relation to the child. 16 if the child is in receipt of funded early years provision specified for the purposes of section 2(1) of the childcare act 2016, evidence of the child's eligibility for this provision. caroline dinenage parliamentary under secretary of state department for education 22nd march 2017

citation, commencement and interpretation 1 1 this order may be cited as the central manchester university hospitals nhs foundation trust and the university hospital of south manchester nhs foundation trust (dissolution and transfer of property and liabilities) order 2017 and comes into force on 1st october 2017. 2 in this order - "the new ft " means the manchester university nhs foundation trust; "the old fts " means the central manchester university hospitals nhs foundation trust and the university hospital of south manchester nhs foundation trust , or either trust as the context requires; "the transfer date " means 1st october 2017; and "the 2012 act " means the health and social care act 2012 . dissolution 2 the old fts are dissolved. transfer of property and liabilities 3 1 on the transfer date, all the property and liabilities of the old fts shall be transferred to the new ft. 2 paragraph (1) does not include any rights and liabilities under, or in connection with, a contract of employment which transferred to the new ft on the transfer date under the transfer of undertakings (protection of employment) regulations 2006 . 3 in paragraph (1), subject to paragraph (2), "property and liabilities" includes, without limitation - a the obligation to prepare any outstanding accounts of the old fts and to perform all statutory duties relating to those accounts; b the outstanding public dividend capital of the old fts, any loans or grants made to them and any other payment obligation; c any criminal liabilities of the old fts ; and d all of the trust property of the old fts. 4 insofar as this order provides for the transfer - a of any land held on lease from a third party, or b of any other asset leased or hired from a third party or in which a third party has an interest, the transfer is binding on the third party notwithstanding that, apart from this paragraph, it would have required the third party's consent or concurrence. monitor licence 4 1 the licences held by the old fts under chapter 3 of part 3 of the 2012 act do not apply to the new ft. 2 any enforcement actions against the old fts in effect immediately before the transfer date do not apply to the new ft. 3 in this article, "enforcement action" means - a a discretionary requirement imposed by monitor under section 105 of the 2012 act (discretionary requirements) in relation to a breach of a condition of a licence under chapter 3 of part 3 of the 2012 act; b an enforcement undertaking accepted by monitor under section 106 of the 2012 act (enforcement undertakings) where monitor has reasonable grounds to suspect that a condition of such a licence has been breached; or c a licence condition relating to governance included in such a licence under section 111 of the 2012 act (imposition of licence conditions on nhs foundation trusts). provision for continuity in exercise of functions 5 1 anything done by or in relation to, and any application made by, or any direction, authorisation or notice given to or by, the old fts is deemed to have been done by or in relation to or made by or given to or by the new ft. 2 any instrument made by the old fts continues in force in relation to the new ft until it is varied or revoked by the new ft. 3 any form supplied by the old fts or by monitor in relation to the old fts continues to be a valid form in relation to the new ft until it is cancelled or withdrawn by the new ft or by monitor, as if any reference contained in that form to the old fts were a reference to the new ft. 4 any reference to the old fts in any contract, arrangement, agreement or instrument or other document in connection with any of the functions of the old fts or any property or liabilities transferred as a consequence of article 3 of this order is to be treated as a reference to the new ft. 5 paragraphs (1) to (4) are subject to article 4 (1) and (2). signed by authority of monitor jim mackey chief executive monitor 19th september 2017

citation and commencement 1 1 this order may be cited as the blackburn with darwen (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 articles 3 and 4 come into force - a for the purpose of proceedings preliminary, or relating, to the election of councillors, on the day after the day on which it is made; b for all other purposes, on the ordinary day of election of councillors in england and wales in 2018. 4 articles 5 and the schedule 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 2020. interpretation 2 1 in this order "the map" means the map marked "map referred to in the blackburn with darwen (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 borough of blackburn with darwen 3 1 the existing wards of the borough of blackburn with darwen are abolished. 2 the borough of blackburn with darwen is divided into 17 wards as follows - a audley & queen's park; b bastwell & daisyfield; c billinge & beardwood; d blackburn central; e blackburn south & lower darwen; f blackburn south east; g darwen east; h darwen south; i darwen west; j ewood; k little harwood & whitebirk; l livesey with pleasington; m mill hill & moorgate; n roe lee; o shear brow & corporation park; p wensley fold; q west pennine. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 three councillors are to be elected for each ward. elections of the borough of blackburn with darwen 4 1 elections of all councillors for each ward of the borough of blackburn with darwen 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, one is to retire on the fourth day after the ordinary day of election of councillors in 2019, one on the fourth day after the ordinary day of election of councillors in 2020 and one on the fourth day after the ordinary day of election of councillors in 2022. 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 retires 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 the newly elected councillors are 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 darwen town 5 1 the existing wards of the parish of darwen town are abolished. 2 the parish of darwen town is divided into the four parish wards listed in the first column of the table in the schedule. 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 the schedule. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 13th december 2017

citation and commencement 1 these regulations may be cited as the child trust funds (amendment no. 2) regulations 2017 and come into force on 1st october 2017. amendment of the child trust funds regulations 2004 2 the child trust funds regulations 2004 are amended as follows. 3 in regulation 10(3) (statements for an account) for paragraph (c) substitute - c where a person has been appointed by the treasury or the secretary of state by virtue of section 3(10) of the act, to that person on behalf of the child, and . 4 in regulation 13 (conditions for application by responsible person or the child to open an account etc. ) - a in paragraph (7) for paragraph (e) substitute - e where a person is appointed by the treasury or the secretary of state by virtue of section 3(10) of the act, or ; and b in paragraph (11) for "the official solicitor or the accountant of court, he" substitute - the person appointed by the treasury or the secretary of state by virtue of section 3(10) of the act, that person. . 5 in regulation 33a (the official solicitor or accountant of court to be the person who has the authority to manage an account) - a in the heading for "the official solicitor or accountant of court" substitute - the person appointed by the treasury or the secretary of state by virtue of section 3(10) of the act ; b for paragraph (1) substitute - 1 the person appointed by the treasury or the secretary of state by virtue of section 3(10) of the act is to be the person who has the authority to manage a child's account for the purposes of section 3(6)(b) of the act where the circumstances specified in paragraph (2) apply. ; c in paragraph (2) - i before sub-paragraph (a) insert - za except in a case of a person who was a looked after child or a looked after and accommodated child on 30th september 2017, there is a continuous period of at least twelve months during which the circumstances under sub-paragraphs (a) and (b) apply, zb in a case of a person who was a looked after child or a looked after and accommodated child on 30th september 2017, the circumstances under sub-paragraphs (a) and (b) apply, ; ii in sub-paragraph (a), for "the child" substitute "a child"; d omit paragraphs (2a), (2b), (3) and (5); e in paragraph (4), for "official solicitor or accountant of court", in each place the phrase appears, substitute "person appointed by the treasury or the secretary of state by virtue of section 3(10) of the act"; f in paragraph (6), omit the definition of "return period"; and g after paragraph (6) insert - 7 where the appointment of a person ("original appointee") by the treasury or the secretary of state by virtue of section 3(10) of the act ceases, the original appointee must provide any information held by that person in connection with the management of a child trust fund to the new person (if any) appointed instead. . mark spencer andrew griffiths two of the lords commissioners of her majesty's treasury 13th july 2017

citation and commencement 1 1 these regulations may be cited as the non-domestic rating (designated areas etc.) regulations 2017. 2 these regulations come into force on 1st april 2017. application 2 these regulations apply in relation to england only. interpretation 3 in these regulations - "the 1988 act" means the local government finance act 1988; "baseline amount", in relation to a billing authority, means the amount calculated under part 3 of schedule 2 in respect of a designated area for a specified year; "billing authority" means a billing authority in england all or part of whose area falls within a designated area; "designated area" means an area designated under regulation 4(1); "local list" means a local non-domestic rating list ; "non-domestic rating income", in relation to a billing authority, means the amount calculated under part 2 of schedule 2 in respect of a designated area for a specified year; "period of designation" has the meaning given in regulation 4(2); "preceding year" means the chargeable financial year immediately preceding the specified year for which a calculation under part 3 of schedule 2 is made; "revaluation year" means a year in which a local list must be compiled under section 41 of the 1988 act; "schedule 7b" means schedule 7b to the 1988 act; "small business non-domestic rating multiplier", in relation to a chargeable financial year, means the small business non-domestic rating multiplier for that year determined under part 1 of schedule 7 to the 1988 act ; and "specified year" means a chargeable financial year falling within the period of designation. designation of areas 4 1 the areas listed in schedule 1 are designated for the purposes of these regulations. 2 the designation of those areas takes effect on 1st april 2017 and has effect for the period of 25 years beginning on that date ("period of designation"). proportion of non-domestic rating income for a designated area to be disregarded 5 1 part 1 of schedule 2 provides rules for calculating the proportion of a billing authority's non-domestic rating income in respect of a designated area for a specified year. 2 the proportion is to be disregarded for the purpose of calculations under - a any of the following provisions of schedule 7b - i paragraph 6 (payments in respect of the central share); ii paragraph 13 (calculations following local government finance report); iii paragraph 16 (calculations following amending report); iv paragraph 23 (calculations of levy payments) ; v paragraph 26 (calculations of safety net payments) ; vi paragraph 30 (calculations relating to distribution of remaining balance) ; or b regulations made under any of the following provisions of schedule 7b - i paragraph 7 (administrative arrangements for payments in respect of the central share); ii paragraph 9 (payments by billing authorities to major precepting authorities); iii paragraph 10 (administrative arrangements for payments by billing authorities to major precepting authorities); iv paragraph 28 (calculations of payments on account). amendment of non-domestic rating (rates retention) regulations 2013 6 1 the non-domestic rating (rates retention) regulations 2013 are amended as follows. 2 in paragraph 1(1) of schedule 2 (qualifying relief for deduction from central share), in the definition of "red area" for "178" substitute "247". amendment of non-domestic rating (designated areas) regulations 2013 7 1 the non-domestic rating (designated areas) regulations 2013 are amended as follows. 2 in regulation 2 (interpretation) - a at the appropriate place insert - "birmingham city centre designated area" means the area designated in schedule 1 by reference to the areas bounded externally by the outer edge of the blue line shown on maps 1 to 26; "period of designation" means - for the birmingham city centre designated area, the period of 33 years specified in regulation 4(2); for any other designated area, the period of 25 years specified in regulation 4(1); ; b in the definition of "specified year" for "specified in regulation 4" substitute "of designation". 3 in regulation 4 (period of designation) - a the existing provision is renumbered as paragraph (1); b in paragraph (1) as renumbered, before "remain" insert ", subject to paragraph (2),"; c after paragraph (1) as renumbered insert - 2 the designation of the birmingham city centre designated area has effect for the period of 33 years which comprises - a the period of 25 years specified in paragraph (1); and b a further period of 8 years beginning immediately after the end of the period specified in paragraph (1). . amendment of non-domestic rating (designated areas etc) regulations 2016 8 1 the non-domestic rating (designated areas etc) regulations 2016 are amended as follows. 2 in regulation 3 (interpretation) - a at the appropriate place insert - "birmingham city centre curzon extension designated area" means the area designated in schedule 1 by reference to the areas bounded externally by the outer edge of the blue line shown on maps 87 to 102; ; b for the definition of "period of designation" substitute - "period of designation" means - for the birmingham city centre curzon extension designated area, the period of 30 years specified in regulation 4(3); for any other designated area, the period of 25 years specified in regulation 4(2); . 3 in paragraph (2) of regulation 4 (designation of areas) - a before "has effect" insert "subject to paragraph (3)"; and b omit the words in brackets. 4 after paragraph (2) of regulation 4 insert - 3 the designation of the birmingham city centre curzon extension designated area has effect for the period of 30 years which comprises - a the period of 25 years specified in paragraph (2); and b a further period of 5 years beginning immediately after the end of the period specified in paragraph (2). . we consent robert syms andrew griffiths two of the lords commissioners of her majesty's treasury 8th march 2017 gavin barwell minister of state department for communities and local government 9th march 2017

citation and interpretation 1 1 these regulations may be cited as the immigration act 2016 (commencement no. 3 and transitional provision) regulations 2017. 2 in these regulations - a "the 1971 act " means the immigration act 1971 ; b "the 2016 act " means the immigration act 2016. provisions coming into force on 6th april 2017 2 the following provisions of the 2016 act come into force on 6th april 2017 - a section 36 (licensing act 2003: amendments relating to illegal working); and b schedule 4. transitional provision pending commencement of immigration bail 3 where a person is at large in the united kingdom by virtue of paragraph 21(1) of schedule 2 to the 1971 act (temporary admission or release from detention) - a the person is to be treated for the purposes of section 192a(1) of the licensing act 2003 as if the person had been granted leave to enter the united kingdom, but b any restriction as to employment imposed under paragraph 21(1) of schedule 2 to the 1971 act is to be treated for those purposes as a condition of leave. robert goodwill minister of state home office 14th march 2017

citation and commencement 1 these regulations may be cited as the teachers' pensions schemes (miscellaneous amendments) regulations 2017 and come into force on 30th november 2017. amendments to the teachers' pensions regulations 2010 2 the teachers' pensions regulations 2010 are amended in accordance with regulations 3 to 7. amendment to regulation 57 (election to receive phased retirement benefits) 3 in paragraphs (2)(b) and (4)(c) of regulation 57 for "6 months" substitute "12 months". amendment to regulation 59 (cessation of phased retirement pension) 4 in paragraph (1)(a) and (b) of regulation 59 for "6 months" substitute "12 months". amendment to regulation 83 (death grant: death in service) 5 in regulation 83 after paragraph (3) insert - 3a paragraph (3) does not apply if - a d made an application before d's death under regulation 107 (payment of benefits on application to secretary of state) for retirement benefits on the basis that case c, and no other case (apart from case a), applied to d's reckonable service; b at the same time that d made the application mentioned in sub-paragraph (a), d made an application for commutation of the ill-health pension (and any total incapacity pension payable under regulation 65 (total incapacity benefits)) under regulation 118 (commutation: serious ill health); and c following consideration of the applications mentioned in sub-paragraphs (a) and (b), the secretary of state determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted. . amendment to regulation 85 (death grant: death out of service) 6 in regulation 85 after paragraph (3) insert - 3a paragraph (3) does not apply if - a d made an application before d's death under regulation 107 (payment of benefits on application to secretary of state) for retirement benefits on the basis that case c, and no other case (apart from case a), applied to d's reckonable service; b at the same time that d made the application mentioned in sub-paragraph (a), d made an application for commutation of the ill-health pension (and any total incapacity pension payable under regulation 65 (total incapacity benefits)) under regulation 118 (commutation: serious ill health); and c following consideration of the applications mentioned in sub-paragraphs (a) and (b), the secretary of state determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted. . amendment to schedule 7 (retirement benefits) 7 in schedule 7 - a for paragraph 3 substitute - 3 1 except as provided in paragraph 4, a person (p) falls within this paragraph if - a p satisfies either conditions 1, 2 and 3 or condition 4, and b p makes an application under regulation 107 for retirement benefits on the basis that case c, and no other case (apart from case a), applies to p's reckonable service. 2 condition 1 is that p left all pensionable employment because p was incapacitated (or this was one of the reasons why p left all pensionable employment). 3 condition 2 is that p makes the application under regulation 107 - a before leaving excluded employment, or b within 2 years of the last day of pensionable employment. 4 condition 3 is that immediately before making the application under regulation 107 p is incapacitated and is likely to be incapacitated permanently. 5 condition 4 is that p's ability to carry out any work is impaired by more than 90% and is likely to be impaired by more than 90% permanently. 6 where p satisfies conditions 1, 2 and 3, the illness or injury p relies upon in the application under regulation 107 must be - a the same illness or injury which was the reason or, as the case may be, one of the reasons for p leaving pensionable employment, or b connected to or consequent upon that injury or illness. , b after paragraph 4(2) insert - 2a but condition a does not apply if - a d made an application to the secretary of state before d's death for retirement benefits on the basis that case c, and no other case (apart from case a), applied to d's reckonable service; b at the same time that d made the application mentioned in paragraph (a), d made an application for commutation of the ill-health pension (and any total incapacity pension payable under regulation 65) under regulation 118 (commutation: serious ill health); and c following consideration of the applications mentioned in paragraphs (a) and (b), the secretary of state determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted. , c after paragraph 12(3), insert - 3a p does not fall within paragraph 10 if - a p makes the application mentioned in paragraph 10(1)(e); b p's application is made in accordance with paragraph 12(1) or (3)(b); and c p returns to pensionable or excluded employment before the entitlement day specified in p's application. . amendments to the teachers' pension scheme regulations 2014 8 the teachers' pension scheme regulations 2014 are amended in accordance with regulations 9 to 19. substitution of regulation 74 (meaning of "actuarial adjustment") 9 for regulation 74 substitute - 74 1 in these regulations, "actuarial adjustment" means the actuarial adjustment that is applied when calculating the annual rate of pension payable to - a a member who, on the entitlement day for a pension other than an age retirement pension or an ill-health pension, has not reached normal pension age; or b an active member or a deferred member who becomes a pensioner member after reaching normal pension age. 2 in the case of an actuarial adjustment applied under paragraph (1)(b) - a the actuarial adjustment only relates to a period of pensionable service of the active member or the deferred member after reaching normal pension age; and b the actuarial adjustment must only be applied to the accrued earned pension of the active member or the deferred member that accrued before reaching normal pension age. . amendment to regulation 89 (interpretation of chapter) 10 in regulation 89(1), for the definition of "average annual rate" substitute the following definition - "average annual rate" means the average rate of pensionable earnings in a 12 month period . amendment to regulation 90 (the reduced annual rate condition) 11 in regulation 90(c), for "6 months" substitute "12 months". amendment to regulation 91 (the new employment condition) 12 in regulation 91(c), for "6 months" substitute "12 months". amendment to regulation 97 (cessation of phased retirement pension) 13 in regulation 97(b)(i) and (ii), for "6 months" substitute "12 months". amendment to regulation 104 (entitlement to early retirement pension) 14 in regulation 104, after paragraph (1) insert - 1a p is not entitled to payment of an early retirement pension from the entitlement day if - a p has applied under regulation 162 for payment of an early retirement pension; b p's application is made in accordance with regulation 103(2) or (4)(b); and c p returns to eligible employment before the entitlement day specified in p's application. . amendment to regulation 110 (entitlement to ill-health pension) 15 in regulation 110 - a in paragraph (3)(a) for "eligible employment" substitute "pensionable service", and b after paragraph (3) insert - 3a where paragraph (3) applies, the illness or injury which p relies upon in p's ill-health application to meet the incapacity condition must be - a the same illness or injury which was the reason, or as the case may be, one of the reasons for p leaving pensionable employment; or b connected to or consequent upon that injury or illness. . insertion of new regulation 112a (when ill-health pension is taken to become payable before death of member: commutation of whole pension (serious ill-health)) 16 after regulation 112 insert - when ill-health pension is taken to become payable before death of member: commutation of whole pension (serious ill-health) 112a an ill-health pension is taken to become payable before the death of a member (d) if - a before d's death d made an ill-health application; b at the same time as d made the ill-health application, d made an application under regulation 171 (commutation of whole pension (serious ill-health)) for commutation of the ill-health pension and, if applicable, a total incapacity pension; and c following consideration of the applications mentioned in sub-paragraphs (a) and (b), the secretary of state determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted. amendment to regulation 139 (death in service grant) 17 after regulation 139(2) insert - 2a for the purposes of paragraph (2), an ill-health pension and, if applicable, a total incapacity pension are taken to become payable if - a before d's death d made an ill-health application; b at the same time as d made the ill-health application, d made an application under regulation 171 (commutation of whole pension (serious ill-health)) for commutation of the ill-health pension and, if applicable, a total incapacity pension; and c following consideration of the applications mentioned in sub-paragraphs (a) and (b), the secretary of state determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted. . amendment to regulation 140 (death out of service grant) 18 after regulation 140(2) insert - 2a for the purposes of paragraph (2), an ill-health pension and, if applicable, a total incapacity pension are taken to become payable if - a before d's death d made an ill-health application; b at the same time as d made the ill-health application, d made an application under regulation 171 for commutation of the ill-health pension and, if applicable, a total incapacity pension; and c following consideration of the applications mentioned in sub-paragraphs (a) and (b), the secretary of state determines that the ill-health pension and, if applicable, any total incapacity pension payable with it, should be commuted. . amendment of schedule 1 (eligible employment) 19 in paragraph 8(1) of schedule 1 (ceasing to be an accepted employer) for "scheme employer" substitute "scheme manager". nick gibb minister of state department for education 7th november 2017 we consent andrew griffiths heather wheeler two of the lords commissioners of her majesty's treasury 3rd november 2017

citation and commencement 1 1 these regulations may be cited as the social security (contributions) (re-rating) consequential amendment regulations 2017. 2 these regulations come into force on 6th april 2017 immediately after the coming into force of the social security (contributions) (rates, limits and thresholds amendments and national insurance funds payments) regulations 2017 . amendment to the social security (contributions) regulations 2001 2 in regulation 125(c) of the social security (contributions) regulations 2001 (modification of provisions of the social security contributions and benefits act 1992 in relation to share fishermen), for "3.45" substitute "3.50". david evennett andrew griffiths two of the lords commissioners of her majesty's treasury at 4.00 p.m. on 15th march 2017 the secretary of state concurs. signed by authority of the secretary of state for work and pensions. richard harrington minister of state department for work and pensions at 2.10 p.m. on 15th march 2017 the department for communities concurs. sealed with the official seal of the department for communities on 15th march 2017 maeve walls a senior officer of the department for communities at 2.06 p.m. on 15th march 2017

citation and commencement 1 this order may be cited as the police and criminal evidence act 1984 (codes of practice) (revision of codes c, d and h) order 2017, and comes into force on the twenty-first day after the day on which it is made. revision of codes of practice 2 the revised codes of practice laid before parliament on 22nd november 2016 in connection with the matters referred to in section 66(1)(b) of the police and criminal evidence act 1984 (detention, treatment, questioning and identification of persons by police officers - codes c, d and h) come into operation on the day on which this order comes into force. brandon lewis minister of state for policing and the fire service home office 2nd february 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the office for students (register of english higher education providers) regulations 2017. 2 these regulations come into force on 1st april 2018, immediately after the full commencement of section 3 of the act. 3 in these regulations, "the act" means the higher education and research act 2017. information which must be contained in the register of english higher education providers 2 1 an institution's entry in the register of english higher education providers must contain the following information - a the institution's name, including any trading names or names granted by or by virtue of any act or royal charter; b where the institution's name includes the word "university", whether and, if so, when the use of that word - i was authorised by or by virtue of any act or royal charter; ii was consented to or approved under section 77 of the further and higher education act 1992 or section 39 of the teaching and higher education act 1998; c an address, e-mail address and telephone number at which the institution may be contacted; d an address at which the institution carries on its activities, or which is the institution's principal place of business or which is otherwise suitable for the service of documents upon the institution; e the address of the principal website maintained by or on behalf of the institution; f if the ofs determines, under section 3(2) of the act, that the register is to be divided into different parts representing different categories of registration, the category in which the institution is registered; g whether the institution is authorised to grant taught awards or research awards or both by an authorisation - i given or varied under section 42(1) of the act; ii given by or under any other provision of an act of parliament; iii given by royal charter; iv varied under section 45(1) of the act; h if the institution is authorised to grant taught awards or research awards or both by an authorisation referred to in sub-paragraph (g) above - i a description of the taught awards or research awards which it is authorised to grant; ii where the authorisation was given or varied under the act, the date on which the authorisation, and, where applicable, any variation, takes effect; iii whether the authorisation has effect for an indefinite period; and iv where the authorisation has effect for a limited period only, the period during which it has effect; i whether the institution has entered into validation arrangements; j whether any awards granted by the institution have been designated by the secretary of state or the ofs under section 214(2)(c) of the education reform act 1988 ; k whether the institution's ongoing registration conditions include a fee limit condition and, if so, details as to how to access the most recent fee limits in relation to that institution published by the ofs under section 11(1)(b) of the act; and l whether an access and participation plan in relation to the institution has been approved by the ofs under section 29(3) of the act and, if so - i the period during which the plan is in force; and ii details as to how to access the plan. 2 in paragraph (1)(i), "validation arrangements" has the meaning given in section 47(3) of the act. signatory text jo johnson minister of state department for education 30th november 2017

citation and commencement 1 these regulations may be cited as the childcare (fees) (amendment) regulations 2017 and come into force on 1st september 2017. amendment to childcare (fees) regulations 2008 2 in paragraph (7) of regulation 10 (annual fee for other early years providers registered in the early years register) of the childcare (fees) regulations 2008 , for "2017" substitute "2019". signed by authority of the secretary of state for education robert goodwill minister of state department for education 18th july 2017

citation, commencement and effect 1 1 these regulations may be cited as the investment allowance and cluster area allowance (investment expenditure) regulations 2017 and come into force on 29th march 2017. 2 these regulations have effect in relation to any expenditure that is incurred on or after 8th october 2015. investment expenditure 2 1 expenditure which is operating expenditure within regulation 3 or leasing expenditure within regulation 4 is investment expenditure for the purposes of chapter 6a and chapter 9 of part 8 of the corporation tax act 2010. 2 this is subject to regulations 5, 6 and 7. operating expenditure 3 1 expenditure is "operating expenditure" for the purposes of these regulations if it satisfies conditions a, b and c. 2 condition a is that the expenditure is incurred by a company for the purpose of increasing - a the rate at which oil is extracted from a qualifying oil field or a cluster area ; b the reserves of oil of a qualifying oil field or a cluster area; c the number of years for which it is economically viable to carry out oil extraction activities in relation to a qualifying oil field or a cluster area; d the number of years for which a facility can be used for the purposes of oil extraction activities in relation to a qualifying oil field or a cluster area; or e the amount of tariff receipts or tax-exempt tariffing receipts that are earned by the company in respect of upstream petroleum infrastructure. 3 condition b is that the expenditure is not routine repair or maintenance expenditure. 4 condition c is that the expenditure is incurred - a in relation to a facility, on - i replacement of a valve, pump, pipeline, power generation plant or compressor that is no longer capable of being used for the purposes of oil extraction activities, ii modifications to increase capacity to carry out oil extraction activities, iii modifications to increase availability to carry out oil extraction activities, iv modifications to enable handling of reduced volumes that arise as a result of reduced operating pressures, or v modifications to enable handling of different fluid compositions, or b in relation to an oil well, on - i water shut off, ii gas shut off, iii fracturing, or iv the removal of sand, salt, scale or hydrates. 5 for the purposes of this regulation, where a company incurs expenditure and part of that expenditure is operating expenditure and part is not, the expenditure is to be apportioned on a just and reasonable basis. 6 in this regulation - "facility" means - a platform; a subsea oil well; a platform well; an oil well head; or upstream petroleum infrastructure; "tariff receipts" has the meaning given by section 6 of the oil taxation act 1983 ; "tax-exempt tariffing receipts" has the meaning given by section 6a of the oil taxation act 1983 ; and "upstream petroleum infrastructure" has the meaning given by section 9h of the petroleum act 1998 . leasing expenditure 4 1 expenditure is "leasing expenditure" for the purposes of these regulations if it satisfies conditions a to e. 2 condition a is that the expenditure is incurred by a company in relation to the lease of an asset. 3 condition b is that the asset is a mobile asset whose main function is the production or storage of oil. 4 condition c is that the lease is for a term of 5 years or longer. 5 condition d is that the asset is used in - a a qualifying oil field whose development was authorised for the first time on or after 8th july 2015; b a qualifying oil field in respect of which - i the national authority authorised a project in relation to the oil field after consent for development of the field was first granted, ii the project was described in a further consent for development of the field, iii the project was authorised on or after 8th july 2015, and iv the asset is used for the purposes of the project in respect of which the authorisation was granted; or c a cluster area that was determined on or after 3rd december 2014. 6 condition e is that on the date that the expenditure is incurred, no company has generated investment allowance or cluster area allowance in respect of the acquisition of the asset. 7 in paragraph (2) (condition a) - a expenditure is incurred in relation to the lease of an asset only to the extent that it represents payment in return for the asset being made available; b expenditure which does not represent payment in return for the asset being made available includes, in particular, any - i charge for the provision of any staff, ii charge for any services, iii amount payable which is, or represents, a profit or premium on the cost of the asset being made available which is paid by a company to an associated company , iv amount which, in accordance with generally accepted accounting practice, falls (or would fall) to be shown in the company's accounts as a finance charge in respect of a lease, or v amount that can be attributed to finance costs by reference to the interest rate implicit in the lease, being the interest rate that would apply to the lease in accordance with normal commercial criteria, including, in particular, generally accepted accounting practice (if applicable). 8 in paragraph (5) (condition d) - a references to - i authorisation of development of an oil field, and ii consent for development, are to be interpreted in accordance with section 356ib of the corporation tax act 2010 ; and b "development", and "national authority" have the same meanings as in section 356ib(2) of the corporation tax act 2010. excluded expenditure: receipt of lease amounts 5 1 for the purposes of these regulations, expenditure is only investment expenditure to the extent that it exceeds the total amount received by the company and its associated companies in respect of any qualifying leases other than - a amounts received from the lessee (including a sublessee) where the parties to a qualifying lease are associated companies; or b amounts previously set against expenditure under this paragraph which would have been relievable investment expenditure but for this regulation. 2 in paragraph (1), "qualifying lease" means a lease to which the company or any associated company is, or was, party as lessee (including as sublessee) and in respect of which investment allowance or cluster area allowance has been generated by the company or any associated company by incurring leasing expenditure, or would have been generated but for this regulation. excluded expenditure: subleases 6 for the purposes of these regulations, in relation to a sublease of an asset entered into or modified on or after the date these regulations come into force, expenditure is not leasing expenditure to the extent it that exceeds the total amount of leasing expenditure incurred in relation to the head lease during the term of the sublease. excluded expenditure: arrangements 7 1 for the purposes of these regulations, expenditure is not investment expenditure to the extent that it arises in connection with any arrangements in respect of which the main purpose, or one of the main purposes, of entering into the arrangements is to - a enable expenditure to qualify as investment expenditure, if it would otherwise not meet the conditions specified in regulation 3 or 4; b enable expenditure to be incurred on a date earlier or later than the date on which it would otherwise have been incurred; c generate, or increase generation of, investment allowance or cluster area allowance; or d generate investment allowance or cluster area allowance earlier than it otherwise would have been generated. 2 in paragraph (1), "arrangements" includes any transaction, series of transactions, scheme or arrangement, whether or not legally enforceable. when expenditure is incurred 8 expenditure that is investment expenditure as a result of these regulations is treated for the purposes of chapter 6a and chapter 9 of part 8 of the corporation tax act 2010 as incurred on the date when it is paid. guto bebb david evennett two of the lords commissioners of her majesty's treasury 7th march 2017

citation, commencement and effect 1 these regulations may be cited as the taxation of northern ireland welfare supplementary payments regulations 2017 and come into force on 1st april 2017. 2 these regulations have effect for the tax year 2016-17 and subsequent tax years. amendments to the income tax (earnings and pensions) act 2003 3 the income tax (earnings and pensions) act 2003 is amended as follows. 4 in section 658 (amount charged to tax) , in subsection (4), for "and income support" substitute "income support, welfare supplementary payments payable pursuant to the loss of contributory employment and support allowance and welfare supplementary payments payable pursuant to the loss of, or a reduction in the amount payable of, income support". 5 in section 660 (taxable benefits: uk benefits - table a) , in subsection (1), at the appropriate place insert - welfare supplementary payment payable pursuant to the loss of carer's allowance wsp(lcp)r(ni) 2016 regulation 4 welfare supplementary payment payable pursuant to the loss of contributory employment and support allowance wspr(ni) 2016 regulation 7 welfare supplementary payment payable pursuant to the loss of, or a reduction of the amount payable of, income support wsp(lcp)r(ni) 2016 regulation 8 (when the recipient is entitled to the payment by meeting the condition in regulation 8(2)(c)) or regulation 12 wsp(ldrp)r(ni) 2016 regulation 4, 5 or 6 welfare supplementary payment payable pursuant to a reduction of the amount payable of jobseekers allowance wsp(lcp)r(ni) 2016 regulation 8 (when the recipient is entitled to the payment by meeting the condition in regulation 8(2)(a)) wsp(ldrp)r(ni) 2016 regulation 11, 12, 13, 14 or 15 . 6 in section 661 (taxable social security income) , in subsection (1) - a after "incapacity benefit" omit "and", and b after "income support" insert - welfare supplementary payments payable pursuant to the loss of contributory employment and support allowance, and welfare supplementary payments payable pursuant to the loss of, or a reduction of the amount payable of, income support. . 7 in the cross-heading before section 665 after "income support" insert "and relevant welfare supplementary payments". 8 1 section 665 (exempt unless payable to member of couple involved in trade dispute) is amended as follows. 2 for the heading substitute "exempt unless payable to a person involved in a trade dispute". 3 after subsection (2) insert - 3 no liability to income tax arises on a relevant welfare supplementary payment unless the whole or part of the payment relates to a period in which the claimant was prevented from being entitled to jobseeker's allowance by- a section 14 of the jobseekers act 1995 (trade disputes), or b article 16 of the jobseekers (northern ireland) order 1995 (trade disputes) or would have been so prevented if otherwise entitled to that benefit. 4 where part of a relevant welfare supplementary payment relates to such a period no liability to income tax arises on the part that does not relate to such a period. . 9 1 section 667 (amounts in excess of taxable maximum) is amended as follows. 2 in subsection (1) after "income support" insert "and relevant welfare supplementary payments". 3 for subsection (2) substitute - 2 the claimant's taxable maximum for a period is determined- a under section 668(1), (2) and (3) where the claimant is a member of a couple, and b under section 668(2a) and (3) where the claimant is not a member of a couple. . 10 in section 668 (taxable maximum), after subsection (2) insert - 2a a claimant's taxable maximum for a week is determined under this subsection if the claimant is not a member of a couple. the taxable maximum is equal to the applicable amount. . 11 in section 669 (interpretation) , before subsection (1) insert - a1 in sections 665 and 667 "relevant welfare supplementary payment" means a payment to which a person is entitled under- a regulation 8 (when the recipient is entitled to the payment by meeting the condition in regulation 8(2)(c)) or regulation 12 of wsp(lcp)r(ni) 2016, or b regulation 4 , 5 or 6 of wsp(ldrp)r(ni) 2016. . 12 in the cross-heading before section 670 after "jobseeker's allowance" insert "and relevant welfare supplementary payments". 13 in section 671 (amounts in excess of taxable maximum), in subsection (1), after "jobseeker's allowance" insert "and relevant welfare supplementary payments". 14 in section 675 (interpretation) , before subsection (1) insert - a1 in section 671 "relevant welfare supplementary payments" means payments to which a person is entitled under- a regulation 8 (when the recipient is entitled to the payment by meeting the condition in regulation 8(2)(a)) of wsp(lcp)r(ni) 2016, or b regulation 11, 12, 13, 14 or 15 of wsp(ldrp)r(ni) 2016. . 15 in section 677 (uk social security benefits wholly exempt from tax: table b) , in subsection (1) - a after "benefits payable under primary legislation" insert "and northern ireland welfare supplementary payments", and b in table b - part 1 at the appropriate place insert - welfare supplementary payment payable pursuant a reduction of the amount payable of housing benefit hb(wsp)r(ni) 2017 regulation 2 wspr(ni) 2016 regulation 4 welfare supplementary payment payable pursuant to a reduction of the amount payable of employment and support allowance wsp(lcp)r(ni) 2016 regulation 8 (when the recipient is entitled to the payment by meeting the condition in regulation 8(2)(b)) wsp(ldrp)r(ni) 2016 regulation 20, 21 or 22 welfare supplementary payment payable pursuant to the loss of disability living allowance wsp(ldla)r(ni) 2016 regulation 4, 8, 13 or 14 welfare supplementary payment payable pursuant to a reduction in the amount payable of state pension credit wsp(lcp)r(ni) 2016 regulation 16 welfare supplementary payment payable pursuant to a reduction in the amount payable of working tax credit wsp(ldrp)r(ni) 2016 regulation 27 or 28 welfare supplementary payment payable pursuant to a reduction in the amount payable of state pension tax credit wsp(ldrp)r(ni) 2016 regulation 33 or 34 . 16 in part 1 of schedule 1 (abbreviation of acts and instruments) at the appropriate places insert - hb(wsp)r(ni) 2017 the housing benefit (welfare supplementary payment) regulations (northern ireland) 2017 s.r. (n.i.) 2017 no. 35 wspr(ni) 2016 the welfare supplementary payments regulations (northern ireland) 2016 s.r. (n.i.) 2016 no. 178 wsp(ldla)r(ni) 2016 the welfare supplementary payment (loss of disability living allowance) regulations (northern ireland) 2016 s.r. (n.i.) 2016 no. 250 wsp(lcp)r(ni) 2016 the welfare supplementary payment (loss of carer payments) regulations (northern ireland) 2016 s.r. (n.i.) 2016 no. 253 wsp(ldrp)r(ni) 2016 the welfare supplementary payment (loss of disability-related premiums) regulations (northern ireland) 2016 s.r. (n.i.) 2016 no. 254 . david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 9th march 2017

citation, commencement and effect 1 1 these regulations may be cited as the registered pension schemes (provision of information) (amendment) regulations 2017 and come into force on 6th february 2017. 2 the amendments in regulation 3 have effect in relation to - a payments of lump sum death benefits made by registered pension schemes to trustees on or after 6th april 2016, and b payments made by trustees to beneficiaries out of sums to which sub-paragraph (a) applies. 3 the amendments in regulations 4 and 5 have effect for the tax year 2016-17 and subsequent years. amendment of the registered pension schemes (provision of information) regulations 2006 2 the registered pension schemes (provision of information) regulations 2006 are amended as follows. 3 after regulation 10 insert - death: provision of information by scheme administrator to trustee 10a 1 where - a a registered pension scheme makes a payment of a sum on whose payment tax has been charged under section 206, and b the payment is made to a trustee who is not a bare trustee, the scheme administrator shall provide to the trustee the information specified in paragraph (2). 2 the information required is - a the amount of the lump sum death benefit on which tax has been charged under section 206, b the amount of that tax charge, c the name and pension scheme tax reference number of the registered pension scheme making the payment, and d the name, date of birth and date of death of the member of the registered pension scheme in respect of whom the lump sum death benefit is paid. 3 the scheme administrator shall provide the information specified in paragraph (2) to the trustee before - a the end of 30 days beginning with the date of the payment to the trustee, or b if later, the end of 8th march 2017. 4 in paragraph (1) "bare trustee" has the meaning given by section 206(10) . death: provision of information by trustee to beneficiary 10b 1 where - a a trustee who is not a bare trustee makes a payment out of a sum on whose payment tax has been charged under section 206, and b the payment is made out of a settlement to a beneficiary who is an individual, the trustee shall provide to the beneficiary the information specified in paragraph (2). 2 the information required is - a the total of - i the sum paid to the beneficiary, and ii the amount of tax that has been charged in respect of that sum under section 206, b the amount of tax that has been charged under section 206 in respect of the sum paid to the beneficiary, c the name and pension scheme tax reference number of the registered pension scheme which paid the lump sum death benefit, and d the name, date of birth and date of death of the member of the registered pension scheme in respect of whom the lump sum death benefit was paid. 3 the trustee shall provide the information specified in paragraph (2) to the beneficiary before the latest of the following - a the end of 30 days beginning with the date of the payment to the beneficiary, b the end of 30 days beginning with the date of the receipt by the trustee of the information required to be provided by the scheme administrator under regulation 10a, and c the end of 8th march 2017. 4 in paragraph (1) "bare trustee" has the meaning given by section 206(10). . 4 in regulation 14a(1a) (annual allowance: annual provision of information by scheme administrator to member for tax year 2015-16) - a in paragraph (d) for "and (10)(d)" substitute ", (10)(d) and (10)(e)", b insert "and" at the end of paragraph (d), and c omit paragraph (f) and the "and" at the end of paragraph (e). 5 in regulation 14a(12) (meaning of unadjusted alternative annual allowance) after "preceding 3 years)" insert "and any reductions under section 228za (tapered reduction of annual allowance: high-income individual)". edward troup ruth owen two of the commissioners for her majesty's revenue and customs 10th january 2017

title, commencement and interpretation 1 1 the title of this order is the velindre national health service trust (establishment) (amendment) order 2017 and it comes into force on 5 october 2017. 2 in this order, "the principal order" (" y prif orchymyn ") means the velindre national health service trust (establishment) order 1993 . amendment of article 1 of the principal order 2 in article 1(2) of the principal order, in the appropriate place insert - "wales infected blood support scheme" means a scheme for financial support and advisory services provided to, or in respect of, persons infected with hepatitis c, hiv or both as a result of receiving infected blood or blood products during the course of treatment provided by the health service in wales. amendment of article 3 of the principal order 3 article 3(2) of the principal order is amended as follows - a in sub-paragraph (d), in the second place where it appears omit "and"; b in sub-paragraph (e), for "." substitute "; and"; and c after sub-paragraph (e) insert - f to manage and administer the wales infected blood support scheme in accordance with directions issued by the welsh ministers. vaughan gething cabinet secretary for health, well-being and sport, one of the welsh ministers 11 september 2017

part 1 general citation and commencement 1 these regulations may be cited as the independent office for police conduct (transitional and consequential) regulations 2017 and come into force on 8th january 2018. interpretation 2 in these regulations - "commission" means the independent police complaints commission which was established under section 9 of the police reform act 2002 ; and "director general" means the director general of the independent office for police conduct. part 2 amendments to secondary legislation amendment of the rehabilitation of offenders act 1974 (exceptions order) 1975 3 in the rehabilitation of offenders act 1974 (exceptions order) 1975 , in part ii of schedule 1, in paragraph 14e for "any chairman, member or member of staff of the independent police complaints commission" substitute "the director general, or any member or member of staff, of the independent office for police conduct". amendment of official secrets act 1989 (prescription) order 1990 4 in the official secrets act 1989 (prescription) order 1990 , in the table in schedule 1 - a for the entry in column 1 for "the independent police complaints commission" substitute "the independent office for police conduct"; and b in the corresponding entry in column 2 for "commission" substitute "office". modification of the police (complaints and misconduct) regulations 2004 5 1 where the police (complaints and misconduct) regulations 2004 continue to have effect by virtue of regulation 2(2) of the police (complaints and misconduct) regulations 2012 they do so with the further modifications in paragraphs (2) and (3). 2 for - a "commission" in each place where it occurs substitute "director general"; b "commission's" in each place where it occurs substitute "director general's'"; c "it" in each place where it occurs and is used as a pronoun in place of "the commission", substitute "the director general"; d "its" in each place where it occurs and is used to mean "the commission's", substitute "the director general's". 3 in regulation 1(2) - a omit the definition of "the commission"; and b at the appropriate place insert - "the director general" means the director general of the independent office for police conduct; . 4 in regulations 12(2) and 17(8) for "it" substitute "the director general or, as the case may be, the appropriate authority". amendment of the independent police complaints commission (transitional provisions) order 2004 6 1 the independent police complaints commission (transitional provisions) order 2004 is amended as follows. 2 for "commission" in each place where it occurs except in articles 1, 5, 6 and 7 substitute "director general". 3 in article 1(2) - a at the end of paragraph (b) omit "and"; b after paragraph (c) insert - and d "director general means the director general of the independent office for police conduct. . modification of the police (conduct) regulations 2004 7 1 where the police (conduct) regulations 2004 continue to have effect by virtue of regulation 2(2) of the police (conduct) regulations 2008 they do so with the further modifications in paragraphs (2) to (7). 2 for - a "commission" in each place where it occurs substitute "director general"; b "commission's" in each place where it occurs substitute "director general's'"; c "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general"; d "its" in each place where it occurs and is used to mean "the commission's" substitute "the director general's". 3 the modifications made by virtue of paragraph (2)(a) do not apply to occurrences of "commission" amended by another provision within this regulation. 4 in regulation 3(1) - a omit the definition of "the commission"; and b at the appropriate place insert - "the director general" means the director general of the independent office for police conduct; . 5 in regulation 4(5)(d) for "commission decide" substitute "director general decides". 6 in regulation 25(1) for "commission may itself" substitute "director general may". 7 in regulation 30(2) omit "any member of". amendment of the independent police complaints commission (staff conduct) regulations 2004 8 1 the independent police complaints commission (staff conduct) regulations 2004 are amended as follows. 2 for - a "commission" in each place where it occurs, except in regulation 1(1), substitute "director general"; b "commission's" in each place where it occurs substitute "office's"; c "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general". 3 the amendments made by virtue of paragraph (2)(a) to (c) above do not apply to occurrences of "commission", "commission's" or "it" amended by another provision within this regulation. 4 in regulation 1(2), for ""the commission"" to the end substitute - "director general" means the director general of the independent office for police conduct; and "the office" means the independent office for police conduct. . 5 in regulation 2(3)(a)(ii) substitute - ii has been made by a member of the office or a member of the office's staff and in the view of the director general should be recorded and dealt with as is mentioned in regulation 3; . 6 in regulation 4(1) omit "its". 7 in regulation 5 - a in paragraph (1) omit "or if it determines that a complaint is not a serious complaint but it concerns the conduct of the commission's chief executive"; and b in paragraph (2)(a) for "commission's" substitute "director general's or the office's". 8 in regulation 6(1) for "its" substitute "the office's". modification of the ministry of defence police appeal tribunals regulations 2004 9 1 where the ministry of defence police appeal tribunals regulations 2004 continue to have effect by virtue of regulation 2(2) of the ministry of defence police appeals tribunals regulations 2009 they do so with the modifications in paragraphs (2) and (3). 2 in regulation 2 - a omit the definition of "the commission"; and b at the appropriate place insert - "the director general" means the director general of the independent office for police conduct; . 3 in regulation 19(4)(b) for "commission" substitute "director general". amendment of the independent police complaints commission (investigatory powers) order 2004 10 1 the independent police complaints commission (investigatory powers) order 2004 is amended as follows. 2 for - a "independent police complaints commission" in each place it occurs except in article 1 substitute "independent office for police conduct"; b "chairman" in each place it occurs substitute "director general". 3 the amendments made by virtue of paragraph (2)(a) and (b) do not apply to occurrences of "independent police complaints commission" or "chairman" amended by another provision within this regulation. 4 in article 1, at the appropriate places insert - "director general" means "director general of the independent office for police conduct; ; and "iopc" means "independent office for police conduct; . 5 in article 2 - a in paragraph (1) and (6) for "independent police complaints commission" substitute "director general of the independent office for police conduct"; b in paragraph (3)(b) for "other member of the independent police complaints commission" substitute "employee member of the independent office for police conduct;"; c in paragraph (3)(c) for "a person appointed as deputy chairman of the independent police complaints commission under paragraph 3(1)" substitute "an employee member of the independent office for police conduct authorised to carry out the functions of the director general of that office under paragraph 3a(2) or 6a". d after paragraph (6) insert - 7 in section 108(1) (interpretation of part iii), at the appropriate place insert - employee member of the independent office for police conduct" means a member of the independent office for police conduct appointed in accordance with paragraph 1b of schedule 2 to the police reform act 2002; . . 6 in article 3 - a in paragraph (1) for "independent police complaints commission" substitute "director general of the independent office for police conduct"; b in paragraph (3)(a) in the inserted subsection (1a) of the modifications for "commission" insert "independent office for police conduct"; c in paragraph (3)(b), in the inserted subsection (3a)(a) of the modifications for "commission" insert "independent office for police conduct"; d in paragraph (4) - i in sub-paragraph (c) for "any other" substitute "an employee"; ii in sub-paragraph (d) for "a person appointed as deputy chairman of the independent police complaints commission under paragraph 3(1)" substitute "an employee member of the independent office for police conduct authorised to carry out the functions of the director general of that office under paragraph 3a(2) or 6a"; e in paragraph (6)(b) for "the designated deputy of the chairman" to the end substitute "an employee member of the independent office for police conduct authorised to carry out the functions of the director general of the independent office for police conduct under paragraph 3a(2) or 6a of schedule 2 to the police reform act 2002, that director general"; f in paragraph (9) for "his designated deputy" substitute "any employee member authorised to carry out the director general's functions under paragraph 3a(2) or 6a of schedule 2 to the police reform act 2002"; g after paragraph (9) insert - 9a in section 48(1) (interpretation of part ii), at the appropriate place insert - employee member of the independent office for police conduct" means a member of the independent office for police conduct appointed in accordance with paragraph 1b of schedule 2 to the police reform act 2002; . . modification of the police appeals tribunals rules 2008 11 1 where the police appeals tribunals rules 2008 continue to have effect by virtue of regulation 2(2) of the police appeals tribunals rules 2012 they do so with the modifications in paragraphs (2) and (3). 2 for " ipcc " in each place where it occurs substitute "director general". 3 in rule 3 - a omit the definition of "ipcc"; and b at the appropriate place insert - "the director general" means the director general of the independent office for police conduct; . 4 in rule 22(6) for "independent police complaints commission" substitute "director general". modification of the police (conduct) regulations 2008 12 1 where the police (conduct) regulations 2008 continue to have effect by virtue of regulation 2(2) of the police (conduct) regulations 2012 they do so with the further modifications in paragraphs (2) and (3). 2 for - a "commission" in each place where it occurs substitute "director general"; b "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general". 3 in regulation 3(1) - a omit the definition of "the commission"; and b at the appropriate place insert - "the director general" means the director general of the independent office for police conduct; . modification of the ministry of defence police (conduct) regulations 2009 13 1 where the ministry of defence police (conduct) regulations 2009 continue to have effect by virtue of regulation 2(2) of the ministry of defence police (conduct etc. ) regulations 2015 they do so with the modifications in paragraphs (2) to (5). 2 for - a "commission" in each place where it occurs substitute "director general"; b "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general". 3 the amendments made by virtue of paragraph (2)(a) and (b) do not apply to occurrences of "commission" or "it" amended by another provision within this regulation. 4 in regulation 3(1) - a omit the definition of "the commission"; and b at the appropriate place insert - "the director general" means the director general of the independent office for police conduct; . 5 in regulations 30(2)(a) and (b) and 51(2)(a) and (b) for "it" in each place where it occurs except for where it first occurs substitute "the director general or ombudsman (as the case may be)". amendment of the ministry of defence police appeals tribunals regulations 2009 14 1 the ministry of defence police appeals tribunals regulations 2009 are amended as follows. 2 for "commission" in each place where it occurs substitute "director general". 3 in regulation 3, at the appropriate place insert - "director general" means the director general of the independent office for police conduct; . amendment of the regulation of investigatory powers (communications data) order 2010 15 in the regulation of investigatory powers (communications data) order 2010 , in schedule 2, in part 1 - a for the entry in column 1 for "the independent police complaints commission" substitute "the independent office for police conduct"; and b in the corresponding entry in column 2 for "commissioner or director" substitute "director or equivalent grade". amendment of the regulation of investigatory powers (directed surveillance and covert human intelligence sources) order 2010 16 1 the regulation of investigatory power (directed surveillance and covert human intelligence sources) order 2010 is amended as follows. 2 in the schedule, in the table in part 1 - a for the entry in column 1 for "the independent police complaints commission" substitute "the independent office for police conduct"; and b in the corresponding entry in column 2 for "chairman, deputy chairman or director" substitute "director or equivalent grade". amendment of the uk border agency (complaints and misconduct) regulations 2010 17 1 the uk border agency (complaints and misconduct) regulations 2010 are amended as follows. 2 for - a "commission" in each place where it occurs substitute "director general"; b "independent police complaints commission" in each place where it occurs substitute "independent office for police conduct"; c "ipcc" in each place where it occurs substitute "director general"; d "ipcc's" in each place where it occurs substitute "director general's'"; e "it" in each place where it occurs and is used as a pronoun in place of "the ipcc" substitute "the director general"; f "its" in each place where it occurs and is used to mean "the ipcc's" substitute "the director general's". 3 the amendments made by virtue of paragraph (2)(c) to (f) do not apply to occurrences of "ipcc", "ipcc's", "it" or "its" amended by another provision within this regulation. 4 in regulation 2 - a in paragraph (1) - i omit the definition of "ipcc"; ii at the appropriate places insert - "director general" means the director general of the independent office for police conduct; and "iopc" means the independent office for police conduct ; and iii in the definition of "serious injury" for "ipcc guidance" substitute "guidance issued by the director general"; and b in paragraph (8) omit "itself" in both places where it occurs. 5 in regulation 5 for "ipcc" in each place where it occurs substitute "iopc". 6 in regulation 6 - a in paragraph (1)(a) omit "itself"; b after paragraph (7) insert - 7a in carrying out functions in relation to the relevant appropriate authority the director general shall have regard to any advice provided to the director general by the iopc (see regulation 6a(1)(a)). ; and c in paragraph (9) for "ipcc" where it first occurs substitute "iopc". 7 after regulation 6 insert - general functions of the iopc 6a 1 the functions of the iopc in relation to the relevant appropriate authority are - a to provide support and advice to the director general in the carrying out of the director general's functions under these regulations, and b to monitor and review the carrying out of such functions. 2 the iopc is to perform its functions under these regulations for the general purpose of improving the way in which the director general's functions under these regulations are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions). 3 in carrying out its functions under these regulations the iopc must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 6(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. 4 the iopc may do anything which appears to it to be calculated to facilitate, or is incidental to, the carrying out of its functions under these regulations. efficiency etc. in exercise of functions 6b the director general and the iopc must carry out their functions under these regulations efficiently and effectively. . 8 in regulation 7 - a for paragraph (1) substitute - 1 as soon as practicable after the end of each of the iopc's financial years, the director general and the iopc must jointly make a report to the secretary of state on the carrying out of their functions under these regulations during that year. ; and b for paragraph (6) substitute - 6 the iopc must send a copy of every report under paragraph (1) to the secretary of state and the relevant appropriate authority. 6a the director general must send a copy of every report under paragraphs (3) and (4) to the secretary of state and the relevant appropriate authority. . 9 in regulation 10 - a in paragraph (4)(a) for "ipcc's" substitute "iopc's"; and b in paragraph (5) omit "itself". 10 in regulation 11(5) for "it" substitute "the iopc". 11 in regulations 18(3)(d), 21(1)(b)(iv) and 23(2)(d) for "guidance by the ipcc" substitute "guidance issued by the director general". 12 in regulation 29 - a in paragraph (1) - i before "41" insert "or"; and ii omit "or 42 (investigations by the ipcc itself)"; b after paragraph (2) insert - 2a if during the course of an investigation of a dsi matter being carried out by a person designated under regulation 42 the director general determines that there is an indication that a relevant officer, relevant official of the secretary of state, relevant contractor, official exercising customs revenue functions or customs revenue contractor ("the person whose conduct is in question") may have - a committed an offence, or b behaved in a manner which would justify the bringing of disciplinary proceedings, the director general shall proceed under paragraph (2b). 2b the director general shall - a prepare a record of the determination; b notify the appropriate authority in relation to the dsi matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination; and c send to it (or each of them) a copy of the record of the determination prepared under sub-paragraph (a). ; and c in paragraph (4)(a) after "paragraph (2)" insert "or (2b)". 13 in regulation 42 - a in paragraph (1) omit "itself"; b for paragraph (2) substitute - 2 the director general shall designate both - a a person to take charge of the investigation; and b such members of the iopc's staff as are required by the director general to assist the person designated to take charge of the investigation. 2a the person designated under paragraph (2) to take charge of an investigation shall be - a the director general acting personally; or b a person who is authorised to exercise the function of taking charge of the investigation on behalf of the director general by virtue of paragraph 6a of schedule 2 to the 2002 act (delegation of director general's functions). ; c in paragraph (3) for "member of the ipcc's staff" substitute "person"; and d in paragraph (4) for "member of the ipcc's staff" substitute "person designated under paragraph (2). 14 in regulation 46(1) after "(final reports on investigations: other dsi matters)" insert "or, where under regulation 62 the director general has personally carried out the investigation, a report has been completed by the director general". 15 in regulation 49(6) for "its" substitute "their". 16 in regulation 51(1) after "the person investigating" where it first occurs insert ", or in the case of an investigation by a designated person under regulation 42 the director general,". 17 in regulation 54 - a in paragraph (4)(a) after "is likely to be submitted" insert "or, in the case of an investigation under regulation 42 by the director general acting personally, completed"; b in paragraph (5) for "it" where it second occurs substitute "the director general or, as the case may be, the relevant appropriate authority". 18 in regulation 55(2) for "it" substitute "the director general or, as the case may be, the relevant appropriate authority". 19 in regulation 58(3)(b) for "they determine" substitute "the director general determines". 20 in regulation 62 - a in paragraph (6) - i omit "itself" in the first place where it occurs; ii for "by the ipcc itself shall submit a report on it to the ipcc" substitute - shall - a submit a report on the investigation to the director general, or b where the person in charge of the investigation is the director general acting personally, complete a report on the investigation. ; b in paragraph (7) after "a person submitting" insert "or, in the case of an investigation under regulation 42 by the director general personally, completing"; and c in paragraph (8) after "a person who has submitted" insert "or, in the case of an investigation under regulation 42 by the director general personally, completed". 21 in regulation 63 - a in paragraph (1)(b) for "it" substitute "the director general, or is otherwise completed,"; and b in paragraph (2) after "on receipt of the report" insert ", or on its completion by the director general,". amendment of the revenue and customs (complaints and misconduct) regulations 2010 18 1 the revenue and customs (complaints and misconduct) regulations 2010 are amended as follows. 2 for - a "ipcc" in each place where it occurs substitute "director general"; b "ipcc's" in each place where it occurs substitute "director general's"; c "it" in each place where it occurs and is used as a pronoun in place of "the ipcc", substitute "the director general"; d "its" in each place where it occurs and is used to mean "the ipcc's" substitute "the director general's". 3 the amendments made by virtue of paragraph (2)(a) to (d) do not apply to occurrences of "ipcc", "ipcc's", "it" or "its" amended by another provision within this regulation. 4 omit "itself" in each place it occurs. 5 in regulation 3(1) - a omit the definition of "ipcc"; b at the appropriate places insert - "director general" means the director general of the independent office for police conduct; ; and "iopc" means the independent office for police conduct; . 6 in regulation 5 - a in paragraph (1) - i for "independent police complaints commission" substitute "independent office for police conduct"; ii for "ipcc's staff" substitute "iopc's staff"; and b in paragraph (2) for "commission" in each place where it occurs substitute "director general". 7 in regulation 6(1) for "ipcc" where it second occurs substitute "independent office for police conduct". 8 in regulation 7 - a after paragraph (4) insert - 4a in carrying out functions under these regulations the director general shall have regard to any advice provided to the director general by the iopc (see regulation 7a(1)(a)) ; and b in paragraph (6) for "ipcc" where it first occurs substitute "iopc". 9 after regulation 7 insert - general functions of the iopc in relation to the commissioners and officers 7a 1 the functions of the iopc in relation to the commissioners and officers are - a to provide support and advice to the director general in the carrying out of the director general's functions under these regulations; and b to monitor and review the carrying out of such functions. 2 the iopc is to perform its functions under these regulations for the general purpose of improving the way in which the director general's functions under these regulations are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions). 3 in carrying out its functions under these regulations the iopc must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 7(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. 4 the iopc may do anything which appears to it to be calculated to facilitate, or is incidental to, the carrying out of its functions under these regulations. efficiency etc. in exercise of functions 7b the director general and the iopc must carry out their functions under these regulations efficiently and effectively. . 10 in regulation 8 - a for paragraph (1) substitute - 1 as soon as practicable after the end of each of the iopc's financial years, the director general and the iopc shall also jointly make a report to the chancellor of the exchequer ("the chancellor") on the carrying out of its functions during that year. ; and b in paragraph (6) for "ipcc" substitute "iopc". 11 in regulation 12(4) for "ipcc's" substitute "iopc's". 12 in regulation 15 for "ipcc" in every place where it occurs substitute "the independent office for police conduct, or the director general as the case may be,". 13 in regulation 16(5) for "ipcc" where it second occurs substitute "independent office for police conduct". 14 in regulations 24(3)(d) and 28(1)(b)(iv) for "guidance by the ipcc" substitute "guidance issued by the director general". 15 in regulation 36 - a in paragraph (1) omit "or 48"; b after paragraph (2) insert - 2a if during the course of an investigation of a dsi matter by a person designated under regulation 48 the director general determines that the person whose conduct is in question may have - a committed a criminal offence; or b behaved in a manner which would justify the bringing of disciplinary proceedings, the director general shall proceed under sub-paragraph (2b). 2b the director general shall - a prepare a record of the determination; b notify the appropriate authority in relation to the dsi matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination, and c send to it (or each of them) a copy of the record of the determination prepared under paragraph (a). ; and c in paragraph (5)(a), after "paragraph (2)" insert "or (2b)". 16 in regulation 48 - a for paragraph (2) substitute - 2 the director general shall designate both - a a person to take charge of the investigation; and b such members of the iopc's staff as are required by the director general to assist the person designated to take charge of the investigation. 2a the person designated under paragraph (2) to take charge of an investigation shall be - a the director general acting personally; or b a person who is authorised to exercise the function of taking charge of the investigation on behalf of the director general by virtue of paragraph 6a of schedule 2 to the 2002 act (delegation of director general's functions). ; b in paragraph (3) for "member of the ipcc's staff" substitute "person"; and c in paragraph (4) for "member of the ipcc's staff" substitute "person designated under paragraph (2). 17 in regulation 52(1) after "(final reports on investigations: other dsi matters)" insert "or, where under regulation 66 the director general has personally carried out the investigation, a report has been completed by the director general". 18 in regulation 54(5) for "its" substitute "the director general's or that authority's". 19 in regulation 56(1), after "the person investigating" in the first place where it occurs insert "or, in the case of an investigation under regulation 48, the director general". 20 in regulation 66 - a for paragraph (5) substitute - 5 a person designated under regulation 48 (investigations by the director general) as the person in charge of an investigation shall - a submit a report on the investigation to the director general; or b where the person in charge of the investigation is the director general acting personally, complete a report on the investigation. ; b in paragraph (6) after "a person submitting" insert "or, in the case of an investigation under regulation 48 by the director general acting personally, completing"; and c in paragraph (7) after "a person who has submitted" insert "or, in the case of an investigation under regulation 48 by the director general acting personally, completed". 21 in regulation 67 - a in paragraph (1)(b) for "it" substitute "the director general, or is otherwise completed,"; and b in paragraph (2) after "on receipt of the report" insert ", or on its completion by the director general,". 22 in regulation 69 - a after paragraph (2) insert - 2a sub-paragraph (2)(a) does not apply where the person investigating is the director general carrying out an investigation personally under regulation 48, but the director general shall complete a report on the investigation. ; and b in paragraph (3) for "under this regulation" insert "under sub-paragraph (2)(a) or completing one under sub-paragraph (2a)". 23 in regulation 70(1) after "referred to in regulation 69" insert "(or on its completion by the director general)". amendment of the policing protocol order 2011 19 1 the policing protocol order 2011 is amended as follows. 2 for "independent police complaints commission" in each place where it occurs substitute "director general of the independent office for police conduct". 3 in the schedule, in paragraph 24(i) for "ipcc" substitute "director general of the independent office for police conduct". amendment of the elected local policing bodies (specified information) order 2011 20 in the elected local policing bodies (specified information) order 2011 , in the schedule, in paragraph 1(f) for "independent police complaints commission" substitute "director general of the independent office for police conduct". amendment of the elected local policing bodies (complaints and misconduct) regulations 2012 21 1 the elected local policing bodies (complaints and misconduct) regulations 2012 are amended as follows. 2 for - a "commission" in each place where it occurs substitute "director general"; b "commission's" in each place where it occurs substitute "director general's'"; c "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general"; d "its" in each place where it occurs and is used to mean "the commission's" substitute "the director general's". 3 the amendments made by virtue of paragraph (2)(a) to (d) do not apply to occurrences of "commission", "commission's", "it" or "its" amended by another provision within this regulation. 4 in regulation 2 - a in paragraph (1) - i omit the definition of "the commission"; and ii at the appropriate places insert - "director general" means the director general of the independent office for police conduct; ; "iopc" means the independent office for police conduct; ; and b in paragraph (2) omit "itself". 5 in regulation 3 - a after paragraph (4) insert - 4a in carrying out functions under these regulations the director general shall have regard to any advice provided to the director general by the iopc (see regulation 3a(1)(a)) ; b in paragraph (5) for "commission" where it first occurs insert "iopc"; and c in paragraph (7) - i for "commission's" in each place where it occurs substitute "iopc's"; ii for "commission" substitute "director general or the iopc". 6 after regulation 3 insert - general functions of the iopc 3a 1 the functions of the iopc in relation to relevant office holders and police and crime panels are - a to provide support and advice to the director general in the carrying out of the director general's functions under these regulations, and b to monitor and review the carrying out of such functions. 2 the iopc is to perform its functions under these regulations for the general purpose of improving the way in which the director general's functions under these regulations are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions). 3 in carrying out its functions under these regulations the iopc must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 3(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. 4 the iopc may do anything which appears to it to be calculated to facilitate, or is incidental to, the carrying out of its functions under these regulations. efficiency etc. in exercise of functions 3b the director general and the iopc must carry out their functions under these regulations efficiently and effectively. . 7 in regulation 5 - a for paragraph (1) substitute - 1 as soon as practicable after the end of each of the iopc's financial years, the director general and the iopc shall also jointly make a report to the secretary of state on the carrying out of its functions under these regulations during that year. ; and b in paragraph (6) for "commission" substitute "iopc". 8 in regulation 6(4) for "commission's" substitute "iopc's". 9 in regulation 18(4)(b) omit "itself". 10 in regulation 20 - a in the title omit "itself"; b for paragraph (2) substitute - 2 the director general shall designate both - a a person to take charge of the investigation; and b such members of the iopc's staff as are required by the director general to assist the person designated to take charge of the investigation. 2a the person designated under paragraph (2) to take charge of an investigation shall be - a the director general acting personally; or b a person who is authorised to exercise the function of taking charge of the investigation on behalf of the director general by virtue of paragraph 6a of schedule 2 to the 2002 act (delegation of director general's functions). ; c in paragraph (3) - i for "commission" substitute "iopc"; ii for "commission's" in each place where it occurs substitute "iopc's"; and d in paragraph (4) - i for "commission" where it second occurs substitute "iopc"; ii for "commission's" in each place where it occurs substitute "iopc's". 11 in regulation 23 after "(final reports on investigations)" insert "or, where the director general has personally carried out the investigation, a report has been completed by the director general". 12 in regulation 24(7) omit "itself". 13 in regulation 25 - a for paragraph (3) substitute - 3 a person designated under regulation 20 (investigations by the director general) as the person in charge of an investigation shall - a submit a report on the investigation to the director general; or b where the person in charge of the investigation is the director general acting personally, complete a report on the investigation. ; and b in paragraph (4) after "a person submitting" insert "or, in the case of an investigation under regulation 20 by the director general acting personally, completing". 14 in regulation 26 - a in paragraph (1)(b) for "it" substitute "the director general, or is otherwise completed,"; and b in paragraph (2) after "on receipt of the report" insert ", or on its completion by the director general,". 15 in regulation 36(5)(a)(i) omit "itself". amendment of the ministry of defence police (performance) regulations 2012 22 1 the ministry of defence police (performance) regulations 2012 are amended as follows. 2 for - a "commission" in each place where it occurs substitute "director general"; b "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general"; c "commission has itself" in each place where it occurs substitute "the director general". 3 the amendments made by virtue of paragraph (2)(a) do not apply to occurrences of "commission" amended by another provision within this regulation. 4 in regulation 4 - a omit the definition of "the commission"; and b at the appropriate place insert - "director general" means the director general of the independent office for police conduct; . 5 in regulation 35a(5) omit "itself". 6 in regulation 35c(5) for "comission" substitute "director general". amendment of the police (complaints and misconduct) regulations 2012 23 1 the police (complaints and misconduct) regulations 2012 are amended as follows. 2 for - a "commission" in each place where it occurs substitute "director general"; b "commission's" in each place where it occurs substitute "director general's"; c "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general"; d "its" in each place where it occurs and is used to mean "the commission's" substitute "the director general's". 3 the amendments made by virtue of paragraph (2)(c) do not apply to occurrences of "it" amended by another provision within this regulation. 4 in regulation 1 - a omit the definition of "the commission"; and b at the appropriate place insert - "director general" means the director general of the independent office for police conduct; . 5 in regulation 11 - a in the following paragraphs for "it" substitute "the relevant appeal body or, as the case may be, the director general" - i (5), in the first place where it occurs; and ii (7); and b in paragraph (11) for "its" substitute "the relevant appeal body's or, as the case may be, the director general's". 6 in regulation 13(2) for "it" substitute "the director general or, as the case may be, the appropriate authority". 7 in regulation 18 after "investigator" in the second place where it occurs insert "or, in the case of an investigation by a designated person under paragraph 19 of schedule 3 to the 2002 act, the director general". 8 in regulation 19 - a in paragraph (1) - i for "where an investigator wishes to interview the person concerned as part of his investigation, he shall," substitute - where the person concerned is required for interview as part of - a an investigation under paragraph 19 of schedule 3 to the 2002 act, the director general shall; b an investigation under paragraph 16, 17 or 18 of schedule 3 to the 2002 act, the investigator shall; ; and ii "if reasonably practicable, agree a date and time for the interview with the person concerned." becomes full-out words; and b after "investigator" in each place where it occurs except for in paragraph (1) insert "or, in the case of an investigation by a designated person under paragraph 19 of schedule 3 to the 2002 act who is not the director general, the director general". 9 in regulation 20 - a the existing text is numbered as paragraph (1); b in (newly numbered) paragraph (1)(c), at the beginning insert "where the investigation was carried out under paragraph 16 or 17 of that schedule,"; and c after (newly numbered) paragraph (1) insert - 2 on completion of an investigation - a carried out under paragraph 18 or 19 of schedule 3 to the 2002 act; and b to which paragraph 19c(1) of that schedule applies, where the director general notifies the appropriate authority under paragraph 23(6) of that schedule, the director general shall indicate in writing to the appropriate authority the director general's opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer. . 10 in regulation 23(8) for "it" substitute "the director general or, as the case may be, the appropriate authority". 11 in regulation 25(2) for "carrying out an investigation" insert ", under paragraph 19 of schedule 3 to the 2002 act has designated a person to carry out, an investigation". 12 in the schedule - a in paragraph 2(11), for "in response to" substitute "in relation to"; b in paragraph 7, in the inserted regulation 19a of the modification - i after "investigator" where it first occurs insert "or, in the case of an investigation by a designated person under paragraph 19 of schedule 3 to the 2002 act who is not the director general, the director general"; and ii after "investigator" where it otherwise occurs insert "or, as the case may be, the director general"; and c in paragraph 8 - i omit sub-paragraph (a); ii in sub-paragraph (b) omit "and the investigation was carried out under paragraph 16 or 17 of schedule 3 to the 2002 act"; iii in sub-paragraph (c) the inserted paragraph of the modification becomes paragraph (1a); iv after sub-paragraph (c) insert - d in paragraph (2) for "the director general's opinion as to whether" to the end there were substituted "the director general's relevant opinion or, as the case may be, opinions."; e after paragraph (2) there were inserted - 3 for the purposes of paragraph (2) "the director general's relevant opinion or, as the case may be, opinions" are - a the director general's opinion as to whether there is a case to answer in respect of gross misconduct or whether there is no case to answer; and b where the director general's opinion is that there is no such case to answer, the director general's opinion as to whether, nevertheless, there may have been a breach of the standards of professional behaviour. . amendment of the police (conduct) regulations 2012 24 1 the police (conduct) regulations 2012 are amended as follows. 2 for - a "commission" in each place where it occurs substitute "director general"; b "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general". 3 in regulation 3 - a omit the definition of "the commission"; and b at the appropriate place insert - "director general" means the director general of the independent office for police conduct; . 4 in regulation 19(1) - a at the end of sub-paragraph (a) omit "and"; b in sub-paragraph (b) - i after "submitted" insert "or, in the case of an investigation under paragraph 19 of schedule 3 to the 2002 act by the director general acting personally, completed"; ii "in making a determination" to "dealt with in that report" moves to the beginning of the full-out words of the paragraph; and c at the end of sub-paragraph (b) insert - and - c where the investigation was carried out under paragraph 18 or 19 of schedule 3 to the 2002 act, on receipt of the director general's opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer given under regulation 20 of the police (complaints and misconduct) regulations 2012, . 5 in regulation 21(1)(c) - a in paragraph (i) omit "and"; and b after paragraph (ii) insert - and iii a copy of the opinion given under regulation 20 of the police (complaints and misconduct) regulations 2012. . 6 in regulation 27(1)(a) after "21(1)" insert "except not any given under regulation 21(1)(c)(iii)". 7 in schedule 3, in paragraph 2, in the inserted regulation 4b(2)(d) and (5)(c) of the modifications, after "submitted to" insert "or, in the case of an investigation under paragraph 19 of schedule 3 to the 2002 act (independent investigations) carried out by the director general personally, completed by". amendment of the police appeals tribunals rules 2012 25 1 the police appeals tribunals rules 2012 are amended as follows. 2 for "ipcc" in each place where it occurs substitute "director general". 3 in regulation 3 - a omit the definition of "ipcc"; and b at the appropriate place insert - "director general" means the director general of the independent office for police conduct; . amendment of the police performance regulations 2012 26 1 the police performance regulations 2012 are amended as follows. 2 for - a "commission" in each place where it occurs substitute "director general"; b "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general". 3 the amendments made by virtue of paragraph (2)(a) do not apply to occurrences of "commission" amended by another provision within this regulation. 4 in regulation 4 - a omit the definition of "the commission"; and b at the appropriate place insert - "director general" means the director general of the independent office for police conduct; . amendment of the police (complaints and conduct) regulations 2013 27 the police (complaints and conduct) regulations 2013 are amended as follows. 1 in regulation 1, at the appropriate place insert - "director general" means the director general of the independent office for police conduct; . 2 in regulation 2 - a for paragraph (1) substitute - 1 for the purposes of paragraph 19f(2) of schedule 3 to the 2002 act (interview of persons serving with the police etc during certain investigations) where a serving officer is required for interview as part of - a an investigation under paragraph 19 of schedule 3 to the 2002 act, the director general shall, b an investigation under paragraph 18 of schedule 3 to the 2002 act, the investigator shall, give written notice to the serving officer that the interview will take place in accordance with this regulation, and if reasonably practicable, agree a date and time for the interview with the serving officer. ; b after "investigator" insert "or, in the case of an investigation by a designated person under paragraph 19 of schedule 3 to the 2002 act who is not the director general, the director general" in the following paragraphs - i (2); ii (4)(b); iii (6) (in the first place where it occurs); and iv (11)(a); and c in paragraph (6) after "investigator" in the second place where it occurs insert "or, as the case may be, the director general". amendment of the official statistics order 2013 28 in the official statistics order 2013 , in the schedule for "independent police complaints commission" substitute "independent office for police conduct". amendment of the police (complaints and misconduct) (old cases) regulations 2013 29 in the police (complaints and misconduct) (old cases) regulations 2013 for "commission" in each place where it occurs substitute "director general". amendment of the national crime agency (complaints and misconduct) regulations 2013 30 1 the national crime agency (complaints and misconduct) regulations 2013 are amended as follows. 2 for - a "commission" in each place where it occurs substitute "iopc dg"; b "commission's" in each place where it occurs substitute "iopc dg's"; c "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the iopc dg"; d "its" in each place where it occurs and is used to mean "the commission's" substitute "the iopc dg's". 3 the amendments made by virtue of paragraph (2)(a) to (d) above do not apply to occurrences of "commission", "commission's", "it" or "its" amended by another provision within this regulation. 4 in regulation 2 - a omit the definition of "the commission"; and b at the appropriate place insert - "iopc" means the independent office for police conduct; "iopc dg" means the director general of the independent office for police conduct; . 5 in regulation 5(1) - a for "independent police complaints commission" substitute "independent office for police conduct"; and b for "commission's" substitute "office's". 6 in regulation 6 - a after paragraph (4) insert - 4a in carrying out functions under these regulations the iopc dg shall have regard to any advice provided to the iopc dg by the iopc (see regulation 6a(1)(a)). ; and b in paragraph (6) for "commission" where it first occurs insert "iopc". 7 after regulation 6 insert - general functions of the iopc under these regulations 6a 1 the functions of the iopc are - a to provide support and advice to the iopc dg in the carrying out of the iopc dg's functions under these regulations; and b to monitor and review the carrying out of such functions. 2 the iopc is to perform its functions under these regulations for the general purpose of improving the way in which the iopc dg's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions). 3 in carrying out its functions under these regulations the iopc must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 6(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. 4 the iopc may do anything which appears to it to be calculated to facilitate, or is incidental to, the carrying out of its functions under these regulations. efficiency etc. in exercise of functions 6b the iopc dg and the iopc must carry out their functions under these regulations efficiently and effectively. . 8 in regulation 7 - a for paragraph (1) substitute - 1 as soon as practicable after the end of each of the iopc's financial years, the iopc dg and the iopc shall jointly make a report to the secretary of state on the carrying out of their functions under these regulations during that year. ; and b in paragraph (6) for "the commission shall send a copy of every annual report under paragraph (1) and" substitute "the iopc shall send a copy of every annual report under paragraph (1), and the iopc dg shall send a copy of". 9 in regulation 9(7) for "commission's" substitute "iopc's". 10 in regulation 10(4) for "commission" where it occurs second substitute "iopc". 11 in regulation 12(5)(a)(i) omit "itself". 12 in regulation 16(2) for "it" substitute "the iopc dg or, as the case may be, the appropriate authority". 13 in regulation 44 - a in paragraph (1) omit "itself"; b for paragraph (2) substitute - 2 the iopc dg shall designate both - a a person to take charge of the investigation; and b such members of the iopc's staff as are required by the iopc dg to assist the person designated to take charge of the investigation. 2a the person designated under paragraph (2) to take charge of an investigation shall be - a the iopc dg acting personally; or b a person who is authorised to exercise the function of taking charge of the investigation on behalf of the iopc dg by virtue of paragraph 6a of schedule 2 to the 2002 act (delegation of director general's functions). ; c in paragraph (3) for "member of the commission's staff" substitute "person"; and d in paragraph (4) for "member of the commission's staff" substitute "person designated under paragraph (2). 14 in regulation 45(2) for "carrying out an investigation" insert ", under paragraph 19 of schedule 3 to the 2002 act has designated a person to carry out, an investigation". 15 in regulation 48(8) for "it" substitute "the iopc dg or appropriate authority". 16 in regulation 49(1) after "the person investigating" in both places where it occurs insert "or, in the case of an investigation by a designated person under regulation 44 the iopc dg,". 17 in regulation 54(1)(b) for "the commission itself" substitute "a person designated under regulation 44". 18 in regulation 55(1)(b) after "regulation 66 or 69" insert "or, in the case of an investigation under regulation 44 by the iopc dg acting personally, a report has been completed by the iopc dg". 19 in regulation 56 - a in paragraph (1) - i after "the person investigating a complaint or recordable conduct matter" insert "or, in the case of an investigation by a designated person under regulation 44 the iopc dg,"; and ii after "person" where it second occurs insert "investigating"; and b in paragraph (3) for "that person's belief" substitute "the belief referred to in paragraph (1)". 20 in regulation 64(7) and (14)(b) omit "itself". 21 in regulation 65 - a in paragraph (1) omit "or designated under regulation 44"; b after paragraph (2) insert - 2a if during the course of an investigation of a dsi matter being carried out by a person designated under regulation 44 the iopc dg determines that there is an indication that the director general or an nca officer ("the person whose conduct is in question") may have - a committed a criminal offence; or b behaved in a manner which would justify the bringing of disciplinary proceedings, the iopc dg shall proceed under paragraph (2b). 2b the iopc dg shall - a prepare a record of the determination; b notify the appropriate authority in relation to the dsi matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination; and c send to it (or each of them) a copy of the record of the determination prepared under paragraph (a). ; and c in paragraph (5)(a), after "paragraph (2)" insert "or (2b)". 22 in regulation 66 - a in paragraph (5) - i omit "itself" where it first occurs; and ii for "by the commission" where it second occurs to the end substitute - shall - a submit a report to the iopc dg; or b where the person in charge of the investigation is the iopc dg acting personally, complete a report on the investigation; ; b in paragraph (6) after "a person submitting" insert "or, in the case of an investigation under regulation 44 by the iopc dg personally, completing"; and c in paragraph (8) after "a person who has submitted" insert "or, in the case of an investigation under regulation 44 by the iopc dg personally, completed". 23 in regulation 67 - a in paragraph (1)(b), before "under paragraph (5)" insert "or is otherwise completed"; b in paragraph (2), after "on receipt of the report" insert "or on its completion by the iopc dg"; and c in paragraph (15), after "65(2)" insert ", (2a)". 24 in regulation 69 - a in paragraph (1), after "65(2)" insert ", (2a)"; b after paragraph (2) insert - 2a paragraph (2)(a) does not apply where the person investigating is the iopc dg carrying out an investigation personally under regulation 44, but the iopc dg shall complete a report on the investigation. ; c in paragraph (3) for "this regulation" substitute "paragraph (2) or completing one under paragraph (2a)"; and d in paragraph (4), after "on receipt of the report" insert "(or on its completion by the iopc dg)". 25 in regulation 72(1)(b) for "commission" substitute "iopc dg". amendment of the independent police complaints commission (investigation of offences) order 2014 31 1 the independent police complaints commission (investigation of offences) order 2014 is amended as follows. 2 in article 1(2) for "members of the commission's staff" substitute "a person". 3 in article 3 for "a member of the commission's staff" in each place where it occurs substitute "a member of the iopc's staff". amendment of the ministry of defence police (conduct etc.) regulations 2015 32 1 the ministry of defence police (conduct etc.) regulations 2015 are amended as follows. 2 for "commission" in each place where it occurs, except in schedules 2 and 3, substitute "director general". 3 the amendment made by virtue of paragraph (2) does not apply to occurrences of "commission" amended by another provision within this regulation. 4 in regulation 3 - a omit the definition of "the commission"; b at the appropriate place insert - "director general" means the director general of the independent office for police conduct; . 5 in regulation 33 - a in paragraphs (1)(a) and (7)(b) omit "itself"; and b in paragraphs (3)(a) and (4) for "it" in each place where it occurs substitute "the director general or ombudsman (as the case may be)". 6 in regulation 54 in paragraphs (3)(a) and (4) for "it" in each place where it occurs substitute "the director general or ombudsman (as the case may be)". amendment of the independent police complaints commission (complaints and misconduct) (contractors) regulations 2015 33 1 the independent police complaints commission (complaints and misconduct) (contractors) regulations 2015 are amended as follows. 2 for - a "commission" in each place where it occurs, except in regulation 1, substitute "director general"; b "commission's" in each place where it occurs substitute "director general's"; c "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general"; d "its" in each place where it occurs and is used to mean "the commission's" substitute "the director general's". 3 the amendments made by virtue of paragraph (2)(a), (b) and (d) do not apply to occurrences of "commission", "commission's" or "its" amended by another provision within this regulation. 4 in regulation 2, at the appropriate places insert - "director general" means the director general of the independent office for police conduct; ; and "iopc" means the independent office for police conduct . 5 in regulation 6 - a in paragraph (1)(a) omit "itself"; b after paragraph (4) insert - 4a in carrying out functions under these regulations the director general shall have regard to any advice provided to the director general by the office (see regulation 6a(1)(a)) ; and c in paragraph (6) for "commission" where it first occurs substitute "iopc". 6 after regulation 6 insert - general functions of the iopc under these regulations 6a 1 the functions of the iopc are - a to provide support and advice to the director general in the carrying out of the director general's functions under these regulations; and b to monitor and review the carrying out of such functions. 2 the iopc is to perform its functions under these regulations for the general purpose of improving the way in which the director general's functions are carried out under these regulations (including by encouraging the efficient and effective use of resources in the carrying out of those functions). 3 in carrying out its functions under these regulations the iopc must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 6(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. 4 the iopc may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions under these regulations. efficiency etc. in exercise of functions 6b the director general and the iopc must carry out their functions under these regulations efficiently and effectively. . 7 in regulation 7 - a for paragraph (1) and (2) substitute - 1 as soon as practicable after the end of each of the iopc's financial years, the director general and the iopc shall also jointly make a report to the secretary of state on the carrying out of their functions during that year. 2 the secretary of state may also require reports to be made (at any time) by the director general about the carrying out of the director general's functions. ; and b in paragraph (6) for "commission" substitute "iopc". 8 in regulation 9(7) for "commission's" substitute "iopc's". 9 in regulation 10(4) for "commission" where it second occurs substitute "iopc". 10 in regulation 12(5)(a)(i) omit "itself". 11 in regulation 13(5) for "its" substitute "their". 12 in regulation 16(3) for "it" substitute "the director general or, as the case may be, the appropriate authority". 13 in regulations 22(1)(b)(iv), 30(4)(d), 33(2)(d), 81(5)(c)(iv) and (f)(iv) for "guidance by the commission" substitute "guidance issued by the director general". 14 in regulation 30 omit paragraph (12). 15 in regulation 45 - a in paragraph (1) omit "itself"; b for paragraph (2) substitute - 2 the director general shall designate both - a a person to take charge of the investigation; and b such members of the iopc's staff as are required by the director general to assist the person designated to take charge of the investigation. 2a the person designated under paragraph (2) to take charge of an investigation shall be - a the director general acting personally; or b a person who is authorised to exercise the function of taking charge of the investigation on behalf of the director general by virtue of paragraph 6a of schedule 2 to the 2002 act (delegation of director general's functions). ; c in paragraph (5) for "member of the commission's staff" substitute "person"; and d in paragraph (6) for "member of the commission's staff" substitute "person designated under paragraph (2). 16 in regulation 50(2) for "carrying out an investigation" substitute ", under paragraph 19 of schedule 3 to the 2002 act has designated a person to carry out, an investigation". 17 in regulation 53(8) for "it" substitute "the director general or, as the case may be, the appropriate authority". 18 in regulation 54(1) after "the person investigating" in both places where it occurs insert "or, in the case of an investigation by a designated person under regulation 45 the director general,". 19 in regulation 55(2)(a) after "the person investigating the complaint or matter" insert "or, in the case of an investigation by a designated person under regulation 45 the director general,". 20 in regulation 56 - a in paragraph (2) - i for "where an investigator wishes to interview the person concerned as part of his investigation, he shall," substitute - where the person concerned is required for interview as part of - a an investigation under regulation 45, the director general shall; b an investigation under regulation 42, 43 or 44, the investigator shall; ; and ii "if reasonably practicable, agree a date and time for the interview with the person concerned." becomes full-out words; and b after "investigator" in each place where it occurs except for in paragraph (1) insert "or, in the case of an investigation by a designated person under regulation 45 who is not the director general, the director general". 21 in regulation 59 - a in paragraph (1)(b) for "the commission itself" substitute "a person designated under regulation 45"; b for paragraph (3) substitute - 3 where a contractor is required for interview as part of - a an investigation under regulation 45, the director general shall; b an investigation under regulation 44, the investigator shall, give written notice to the contractor that the interview will take place in accordance with this regulation, and if reasonably practicable, agree a date and time for the interview with the contractor. ; c after "investigator" insert "or, in the case of an investigation under regulation 45 by a designated person who is not the director general, the director general" in the following paragraphs - i (4); ii (6)(b); iii (8) (in the first place where it occurs); and iv (12)(a); and d in paragraph (8) after "investigator" in the second place where it occurs insert "or, as the case may be, the director general". 22 in regulation 60(1)(b) after "regulation 72 or 75" insert "or, in the case of an investigation under regulation 45 by the director general acting personally, a report has been completed by the director general". 23 in regulation 61 - a in paragraph (1) - i after "the person investigating a complaint or recordable conduct matter" insert "or, in the case of an investigation by a designated person under regulation 45 the director general,"; and ii after "person" where it second occurs insert "investigating"; and b in paragraph (3) for "that person's belief" substitute "the belief referred to in paragraph (1)". 24 in regulations 69(7) and 70(4)(b) omit "itself". 25 in regulation 71 - a in paragraph (1) omit "or designated under regulation 45"; b after paragraph (2) insert - 2a if during the course of an investigation of a dsi matter being carried out by a person designated under regulation 45 the director general determines that there is an indication that a person ("the person whose conduct is in question") may have - a committed a criminal offence; or b behaved in a manner which would justify the bringing of disciplinary proceedings, the director general shall proceed under paragraph (2b). 2b the director general shall - a prepare a record of the determination; b notify the appropriate authority in relation to the dsi matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination; and c send to it (or each of them) a copy of the record of the determination prepared under paragraph (a). ; and c in paragraph (5)(a), after "paragraph (2)" insert "or (2b)". 26 in regulation 72 - a in paragraph (5) - i omit "itself" where it first occurs; and ii for "by the commission" where it second occurs to the end substitute - shall - a submit a report to the director general, or b where the person in charge of the investigation is the director general acting personally, complete a report on the investigation. ; b in paragraph (6) after "a person submitting" insert "or, in the case of an investigation under regulation 45 by the director general personally, completing"; c in paragraph (7)(c), at the beginning insert "where the investigation was carried out under regulation 42 or 43,"; d after paragraph (7) insert - 7a on completion of an investigation - a carried out under regulation 44 or 45; and b to which regulation 55(1) applies, where the director general notifies the appropriate authority under regulation 73(8), the director general shall indicate in writing to the appropriate authority the director general's opinion as to whether there is a case to answer in respect of misconduct or gross misconduct or whether there is no case to answer. ; and e in paragraph (8) after "a person who has submitted" insert "or, in the case of an investigation under regulation 45 by the director general personally, completed". 27 in regulation 73 - a in paragraph (1)(b), before "under paragraph (5)" insert ", or is otherwise completed,"; b in paragraphs (2) and (8), after "on receipt of the report" insert ", or on its completion by the director general,"; and c in paragraph (15), after "71(2)" insert ", (2a)". 28 in regulation 75 - a in paragraph (1), after "71(2)" insert ", (2a)"; b after paragraph (2) insert - 2a paragraph (2)(a) does not apply where the person investigating is the director general carrying out an investigation personally under regulation 45, but the director general shall complete a report on the investigation. ; c in paragraph (3) for "this paragraph" substitute "paragraph (2) or completing one under paragraph (2a)"; and d in paragraph (4), after "on receipt of the report" insert "(or on its completion by the director general)". 29 in regulation 81 - a in paragraph (1) - i after "has received a report" insert " (or otherwise completed one in relation to an investigation carried out under regulation 45 by the director general personally)"; ii in sub-paragraph (b) for "commission itself" substitute ", or on behalf of, the director general"; and iii in sub-paragraph (c), after "75(2)" insert ", or (2a)"; and b in paragraph (4), after "the receipt" insert ", or completion,". amendment of the police pensions regulations 2015 34 in the police pensions regulations 2015 in - a the table in regulation 5; b the table in regulation 7; c regulation 13; and d the table in regulation 210, for "independent police complaints commission" substitute "independent office for police conduct". the greater manchester combined authority (transfer of police and crime commissioner functions to the mayor) order 2017 35 1 the greater manchester combined authority (transfer of police and crime commissioner functions to the mayor) order 2017 is amended as follows. 2 in article 35, in paragraph 4(1)(b) of the modification for "independent police complaints commission" substitute "director general of the independent office for police conduct". 3 in article 51(2)(f), in the inserted paragraph 24a of the modification for "ipcc" substitute "director general of the independent office for police conduct". the gangmasters and labour abuse authority (complaints and misconduct) regulations 2017 36 1 the gangmasters and labour abuse authority (complaints and misconduct) regulations 2017 are amended as follows. 2 for - a "commission" in each place where it occurs substitute "director general"; b "commission's" in each place where it occurs substitute "director general's"; c "it" in each place where it occurs and is used as a pronoun in place of "the commission" substitute "the director general"; d "its" in each place where it occurs and is used to mean "the commission's" substitute "the director general's". 3 omit "itself" in each place where it occurs. 4 the amendments made by virtue of paragraphs (2)(a), (b) and (d) and (3) do not apply to occurrences of "commission", "commission's", "its" or "itself" amended by another provision within this regulation. 5 in regulation 2 - a omit the definition of "the commission"; b at the appropriate places insert - "director general" means the director general of the independent office for police conduct; ; and "iopc" means the independent office for police conduct . 6 in regulation 5(1) for "independent police complaints commission" in both places where it occurs substitute "independent office for police conduct". 7 in regulation 6 - a after paragraph (3) insert - 3a in carrying out functions under these regulations the director general must have regard to any advice provided to the director general by the office (see regulation 6a(1)(a)) ; and b in paragraph (5) for "commission" where it first occurs substitute "iopc". 8 after regulation 6 insert - general functions of the iopc under these regulations 6a 1 the functions of the iopc are - a to provide support and advice to the director general in the carrying out of the director general's functions, and b to monitor and review the carrying out of such functions. 2 the iopc is to perform its functions under these regulations for the general purpose of improving the way in which the director general's functions are carried out (including by encouraging the efficient and effective use of resources in the carrying out of those functions). 3 in carrying out its functions under these regulations the iopc must in particular have regard to public confidence in the existence of suitable arrangements with respect to the matters mentioned in regulation 6(2) and with the operation of the arrangements that are in fact maintained with respect to those matters. 4 the iopc may do anything which appears to it to be calculated to facilitate, or is incidental or conducive to, the carrying out of its functions under these regulations. efficiency etc. in exercise of functions 6b the director general and the iopc must carry out their functions under these regulations efficiently and effectively. . 9 in regulation 7 - a for paragraphs (1) and (2) substitute - 1 as soon as practicable after the end of each of the iopc's financial years, the director general and the iopc must also jointly make a report to the secretary of state on the carrying out of their functions during that year. 2 the secretary of state may also require reports to be made (at any time) by the director general about the carrying out of the director general's functions. ; and b for paragraph (6) substitute - 6 the iopc must send a copy of every report under paragraph (1) to the chief executive. 6a the director general must send a copy of every report under paragraph (3) to the chief executive. . 10 in regulation 9(2) for "commission's" substitute "iopc's". 11 in regulation 10 - a in paragraph (1)(c) for "commission's" substitute "iopc's"; and b in paragraph (3) for "commission" where it first occurs substitute "iopc". 12 in regulation 23, for paragraph (3) substitute - 3 subject to regulations 24 and 25 (disapplication of the requirements of these regulations), the chief executive must determine whether or not the complaint is suitable for being subjected to local resolution. . 13 in regulations 29(3)(d) and 32(2)(d) for "guidance by the commission" substitute "guidance issued by the director general". 14 in regulation 44 - a for paragraph (2) substitute - 2 the director general must designate both - a a person to take charge of the investigation; and b such members of the iopc's staff as are required by the director general to assist the person designated to take charge of the investigation. 2a the person designated under paragraph (2) to take charge of an investigation must be - a the director general acting personally; or b a person who is authorised to exercise the function of taking charge of the investigation on behalf of the director general by virtue of paragraph 6a of schedule 2 to the 2002 act (delegation of director general's functions). ; b in paragraph (3) for "member of the commission's staff" substitute "person"; and c in paragraph (4) for "member of the commission's staff" substitute "person designated under paragraph (2). 15 in regulation 53(1) after "the person investigating" in both places where it occurs insert ", or in the case of an investigation by a designated person under regulation 44 the director general,". 16 in regulation 58(1)(b) for "the commission itself" substitute "a person designated under regulation 44". 17 in regulation 60 - a in paragraph (1), after "or recordable conduct matter" insert "or, in the case of an investigation by a designated person under regulation 44, the director general"; and b in paragraph (3)(a) for "that person's belief" substitute "the belief referred to in paragraph (1). 18 in regulation 67 - a in paragraph (1) omit "or designated under regulation 44 (investigations by the commission itself)"; b after paragraph (2) insert - 2a if during the course of an investigation of a dsi matter by a person designated under regulation 44 the director general determines that the person whose conduct is in question may have - a committed a criminal offence; or b behaved in a manner which would justify the bringing of disciplinary proceedings, the director general must proceed under sub-paragraph (2b). 2b the director general must - a prepare a record of the determination; b notify the chief executive of the determination; and c send to the chief executive a copy of the record of the determination prepared under paragraph (a). ; and c in paragraph (5)(a), after "paragraph (2)" insert "or (2b)". 19 in regulation 68 - a for paragraph (4) substitute - 4 a person designated under regulation 44 as the person in charge of an investigation (investigations by the director general) must - a submit a report on the investigation to the director general; or b where the person in charge of the investigation is the director general acting personally, complete a report on the investigation. ; b in paragraph (5), after "a person submitting" insert "or, in the case of an investigation under regulation 44 by the director general acting personally, completing"; and c in paragraph (7), after "a person who has submitted" insert "or, in the case of an investigation under regulation 44 by the director general acting personally, completed". 20 in regulation 71 - a for paragraph (2)(a) substitute - a submit a report on the investigation to the director general or, where the person in charge of the investigation is the director general acting personally, complete a report on the investigation; ; b in paragraph (3), after "a person submitting" insert "or, where the person in charge of the investigation is the director general acting personally, completing"; and c in paragraph (4), after "on receipt" insert ", or completion,". part 3 transitional provisions 37 1 anything done (or having effect as if done) before the coming into force of these regulations by, or in relation to, a transferor in connection with a function transferred to the director general by these regulations is to have effect, so far as necessary for continuing its effect after the coming into force of these regulations, as if done by, or in relation to, the director general. 2 anything which, immediately before the coming into force of these regulations, is in the process of being done by, or in relation to, a transferor in connection with a function transferred to the director general by these regulations may be continued by, or in relation to, the director general. 3 any enactment, instrument or other document passed or made before the coming into force of these regulations is to have effect, so far as necessary for the purposes of or in consequence of paragraphs (1) and (2), as if any references (however expressed) to a transferor were references to the director general. 4 anything which immediately before the coming into force of these regulations, is in the process of being done by, or in relation to, the commission in connection with a function which after the coming into force of these regulations is exercisable by that body (as renamed the independent office for police conduct ) and the director general jointly may be continued by, or in relation to, that body and the director general acting jointly. 5 in this regulation "transferor" means - a the commission; b any other person from whom a function is transferred to the director general by these regulations. 38 1 any person who, before the date on which these regulations come into force, has been designated by the commission under a relevant provision in respect of an investigation is, if the investigation is not completed or discontinued before that date, to be treated on or after that date as having been designated by the director general under that provision (as amended by these regulations) whether or not the person satisfies any conditions for designation under that provision. 2 for the purposes of paragraph (1), the relevant provisions are - a regulation 42 of the uk border agency (complaints and misconduct) regulations 2010 ; b regulation 48 of the revenue and customs (complaints and misconduct) regulations 2010 ; c regulation 20 of the elected local policing bodies (complaints and misconduct) regulations 2012 ; d regulation 44 of the national crime agency (complaints and misconduct) regulations 2013 ; e regulation 45 of the independent police complaints commission (complaints and misconduct) (contractors) regulations 2015 ; and f regulation 44 of the gangmasters and labour abuse authority (complaints and misconduct) regulations 2017 . 3 paragraph (1) does not prevent the director general from making a further designation in respect of an investigation under any of the relevant provisions after the coming into force of these regulations. nick hurd minister of state home office 12th december 2017

citation and commencement 1 1 this order may be cited as the east devon (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 england and wales in 2019. interpretation 2 1 in this order "the map" means the map marked "map referred to in the east devon (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 east devon and number of councillors 3 1 the existing wards of the district of east devon are abolished. 2 the district of east devon is divided into 30 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 exmouth, honiton, seaton and sidmouth 4 1 the existing wards of the parishes of exmouth, honiton, seaton and sidmouth are abolished. 2 the parish of exmouth is divided into the five parish wards listed in the first column of table 1 in schedule 2. 3 the parish of honiton is divided into the two parish wards listed in the first column of table 2 in schedule 2. 4 the parish of seaton is divided into the two parish wards listed in the first column of table 3 in schedule 2. 5 the parish of sidmouth is divided into the eight 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 tables 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 20th december 2017

citation and commencement 1 this order may be cited as the greater manchester combined authority (public health functions) order 2017 and comes into force on the day after the day on which it is made. interpretation 2 in this order - "constituent councils" means the district councils for the local government areas of bolton, bury, manchester, oldham, rochdale, salford, stockport, tameside, trafford, and wigan; " gmca " means the greater manchester combined authority, a body corporate established by the greater manchester combined authority order 2011 ; "the nhs act 2006 " means the national health service act 2006 ; and "relevant functions" means functions exercisable by virtue of article 3. exercise of public health functions by the gmca 3 1 the functions of the constituent councils specified in section 2b(1) of the nhs act 2006 (functions of local authorities and secretary of state as to improvement of public health) are exercisable by the gmca in relation to its area. 2 the functions referred to in paragraph (1) are exercisable concurrently with the constituent councils. application of section 6c of the nhs act 2006 4 section 6c(2) of the nhs act 2006 (regulations as to the exercise by local authorities of certain public health functions) applies to the gmca as it applies to the constituent councils, but as if for the reference to "its public health functions" there were substituted "the functions exercisable by virtue of article 3 of the greater manchester combined authority (public health functions) order 2017". application of section 73b of the nhs act 2006 5 1 subsection (1) of section 73b of the nhs act 2006 (exercise of public health functions of local authorities: further provision), which relates to documents and guidance issued by the secretary of state relating to public health functions, applies to the gmca in the exercise of its relevant functions as it applies to the constituent councils in the exercise of the functions mentioned in subsection (2) of that section. 2 subsections (5) and (6) of section 73b of the nhs act 2006, which relate to the preparation and publication of an annual report on the health of the people in the area, apply to the gmca in the exercise of its relevant functions as they apply to the constituent councils, but as if for the reference to "the director of public health for a local authority" in subsection (5) there were substituted "the greater manchester combined authority". application of section 75 of the nhs act 2006 6 1 save as provided by section 75(7a) to (7d) , section 75 of the nhs act 2006 (arrangements between nhs bodies and local authorities) and regulations made under that section before the coming into force of this order apply to the gmca in the exercise of its relevant functions as those provisions apply to the constituent councils. 2 but where the gmca enters into prescribed arrangements by virtue of section 75(7c) and (7d) of the nhs act 2006, and is thus treated as an nhs body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its relevant functions, unless, and to the extent that, it is permitted to do so by regulations made under subsection (1) of that section. 3 in paragraph (2), a "nhs body" is to be construed in accordance with sections 75(8) and 275 of the nhs act 2006 ; b "prescribed arrangements" is to be construed in accordance with section 75 of the nhs act 2006. duty to have regard to nhs constitution 7 1 section 2(1) of the health act 2009 (duty to have regard to nhs constitution) applies to the gmca in the exercise of its relevant functions as it applies to the constituent councils in the performance of their health service functions. 2 in paragraph (1), "health service function" has the meaning given by section 2(3) of the health act 2009 . signed by authority of the secretary of state for health. stephen brine parliamentary under-secretary of state, department of health 29th november 2017

citation 1 this order may be cited as the annual tax on enveloped dwellings (indexation of annual chargeable amounts) order 2017. chargeable amounts 2 the amounts that by virtue of section 101 (indexation of annual chargeable amounts) of the finance act 2013 are to be the annual chargeable amounts for the chargeable period beginning on 1st april 2018 are determined in accordance with the following table, by reference to the taxable value of the interest on the relevant day . annual chargeable amount taxable value of the interest on the relevant day 3,600 more than 500,000 but not more than 1 million. 7,250 more than 1 million but not more than 2 million. 24,250 more than 2 million but not more than 5 million. 56,550 more than 5 million but not more than 10 million. 113,400 more than 10 million but not more than 20 million. 226,950 more than 20 million. andrew griffiths david evennett two of the lord commissioners of her majesty's treasury 11th december 2017

citation, commencement and interpretation 1 1 this order may be cited as the infected blood schemes (application of sections 731, 733 and 734 of the income tax (trading and other income) act 2005) order 2017 and comes into force on 23rd october 2017. 2 in this order "infected blood scheme" has the meaning given in section 731(7) of the income tax (trading and other income) act 2005 (treated as inserted by article 2(2)(b)). application of sections 731, 733 and 734 of the income tax (trading and other income) act 2005 2 1 sections 731, 733 and 734 of the income tax (trading and other income) act 2005 have effect with the following modifications in relation to payments made pursuant to an infected blood scheme. 2 in section 731 (periodical payments of personal injury damages) - a in subsection (2) - i the "or" at the end of paragraph (d) is treated as omitted; and ii after paragraph (e) there is treated as inserted - , or f an infected blood scheme. b after subsection (6) there is treated as inserted - 7 in this section and sections 733 and 734, "infected blood scheme" means a scheme for the purpose of making payments and providing support to, or in respect of, individuals infected with hepatitis c, hiv or both, through contaminated blood or blood products used by the nhs , which is - a in relation to england, established under sections 1 and 2 of the national health service act 2006 and administered by the nhs business services authority , b in relation to wales, established under sections 1 to 3 of the national health service (wales) act 2006 and administered by the velindre nhs trust , or c in relation to northern ireland, established under sections 2 and 3 of the health and social care (reform) act (northern ireland) 2009 and administered by the regional business services organisation . . 3 for section 733(a) (persons entitled to exemptions for personal injury payments), there is treated as substituted - a the person ("a") who is entitled to the damages under the order, agreement, undertaking, to the payments under the infected blood scheme or to the compensation under the award in question, . 4 in section 734(1)(a) (payments from trusts for injured persons) for "or undertaking" there is treated as substituted ", undertaking or infected blood scheme". 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 national health service (charges for drugs and appliances) (amendment) (no. 2) regulations 2017 and come into force on 1st april 2017. amendment of the national health service (charges for drugs and appliances) regulations 2015 2 1 the national health service (charges for drugs and appliances) regulations 2015 are amended as follows. 2 in each of the following provisions, for "8.40" substitute "8.60" - a regulation 3(7) (supply of drugs and appliances by chemists); and b regulation 7(5) (supply of drugs and appliances at walk-in centres). signed by authority of the secretary of state for health. o'shaughnessy parliamentary under-secretary of state, department of health 22nd march 2017

citation and commencement 1 these regulations may be cited as the judicial pensions (additional voluntary contributions) regulations 2017 and come into force on 1st april 2017 or, if later, the day after the day on which they are made. interpretation 2 in these regulations - "the 2004 act " means the finance act 2004 ; "the 2015 regulations " means the judicial pensions regulations 2015 ; "the 2015 scheme " means the judicial pension scheme created by the 2015 regulations; "active member" means a person who is in pensionable service under the 2015 scheme; " avc member" means an active member who has given a notice under regulation 6(2); "avc scheme" means the scheme established under regulation 3; "authorised provider" has the same meaning as in section 1(9) of the superannuation act 1972 ; "judicial pension board" means the judicial pension board established by regulation 6(1) of the 2015 regulations in accordance with regulations 7 and 8 of those regulations; "judicial pension scheme" means the 2015 scheme or the scheme constituted by the judicial pensions (additional voluntary contributions) regulations 1995 ; "normal minimum pension age" has the same meaning as in section 279(1) (other definitions) of the 2004 act; "pensionable service" has the same meaning as in chapter 2 of part 4 of the 2015 regulations; "qualifying recognised overseas pension scheme" has the meaning given in section 169(2) of the 2004 act ; "registered scheme" means a pension scheme that is a registered pension scheme under chapter 2 of part 4 of the 2004 act; "avc scheme assets" means the total value of a minus b, where - a is the sum of the realisable value of the investments made by the scheme manager with the contributions paid by the avc member, plus any transfer value accepted under regulation 10; and b is the sum of - any amount deducted for tax under regulation 15; the fees or charges of an authorised provider in relation to the investments made by the scheme manager defrayed in accordance with regulation 16; and any amount that has already been transferred out of the avc scheme under regulation 14. "scheme contributions" means the total of payments made under regulation 9(2)(a), (b) and (c); "scheme manager" has the meaning given in regulation 4; "tax year" has the meaning given in section 4(2) of the income tax act 2007 (as applied by section 989 of that act). establishment and scope 3 an additional voluntary contributions scheme is established as a defined contributions scheme for the judiciary. administration 4 1 the lord chancellor is the scheme manager for the avc scheme and any statutory pension scheme that is connected with it. 2 the avc scheme is to be administered in accordance with these regulations. 3 the scheme manager is responsible for managing and administering the avc scheme and any statutory pension scheme that is connected with it. 4 before exercising any discretion under these regulations, the scheme manager must obtain a recommendation from the judicial pension board. 5 if the scheme manager exercises any discretion under these regulations contrary to a recommendation made by the judicial pension board, the scheme manager must provide written reasons for doing so to the judicial pension board and to the avc member to whom the discretion relates. 6 the scheme manager and the judicial pension board may agree that paragraphs (4) and (5) do not apply to specific discretions or in specific circumstances. 7 the scheme manager may delegate any functions under these regulations. pension board 5 1 the judicial pension board is responsible for assisting the scheme manager - a to secure compliance with - i these regulations; ii any other legislation relating to the governance and administration of the avc scheme and of any statutory pension scheme that is connected with it; and iii any requirements imposed by the pensions regulator in relation to the avc scheme and any statutory pension scheme that is connected with it; and b in the performance of the scheme manager's functions under these regulations. 2 the judicial pension board may determine its own procedures. membership 6 1 membership of the avc scheme is only open to active members. 2 an active member becomes an avc member by giving valid notice in writing to the scheme manager. 3 a notice under paragraph (2) is a valid notice if it contains such information as the scheme manager may specify. 4 the scheme manager must only specify such information under paragraph (3) as the scheme manager may require for the purposes of carrying out functions under these regulations or the avc scheme. 5 if a person ceases to be an active member they also cease to be an avc member. further information 7 an avc member must, if requested by the scheme manager, provide or authorise to be provided such information as is requested by the scheme manager - a relating to the avc member's medical history and state of health; or b about any benefits which the avc member may have which are derived from a registered scheme (including information about any such benefits which have been transferred to another scheme, whether or not in the united kingdom) and which relates to benefits accrued other than through contributions to a judicial pension scheme. disclosure of information 8 in order to establish or ensure compliance with the 2004 act the scheme manager may disclose any financial information obtained under regulation 6 or 7(b) to - a the commissioners for her majesty's revenue and customs (or to the officers of the commissioners for her majesty's revenue and customs); or b any authorised provider, or the servants or agents of that provider, who is, or may be, concerned in the investment of the funds or the provision of benefits under the avc scheme. contributions 9 1 an avc member must from time to time, as required by the scheme manager, instruct the scheme manager by notice in writing as to the level and form of contributions that the avc member wishes to make. 2 an avc member may contribute to the avc scheme by way of - a lump sum payments made from time to time of the same or a different amount; b regular payments of the same amount; or c a combination of lump sum and regular payments, and in any case payment must be made by way of a deduction from the avc member's salary or fees. 3 a notice under paragraph (1) must specify - a in the case of a regular payment, the amount of each regular payment or, if expressed as a percentage of salary or fees, that percentage; b in the case of a lump sum, the amount of the contribution. 4 an avc member's scheme contributions in any tax year must not exceed that amount which, when aggregated with all contributions to any other registered scheme in the same tax year, bring the avc member's total contributions for that tax year up to the maximum amount of relief as calculated under section 190 of the 2004 act . transfers in 10 1 at any time before the avc member's normal minimum pension age, an avc member may make, or arrange to be made, a payment representing the cash equivalent of the avc member's accrued rights in any other registered scheme or a qualifying recognised overseas pension scheme to be invested in the scheme. 2 a payment under paragraph (1) from a registered scheme may be accepted by the scheme manager only if the administrator of the registered scheme certifies that the payment is a recognised transfer as defined in section 169 of the 2004 act . investment of funds 11 1 the scheme manager must, as soon as reasonably practicable, invest an avc member's scheme contributions made under regulation 9 and any transfer payment accepted under regulation 10 with an authorised provider for the purpose of providing benefits under regulation 12. 2 where the authorised provider offers more than one type of investment the avc member must elect that those sums be paid into particular types of investments. 3 the scheme manager is not required to give effect to an election made under paragraph (2) if it is not reasonably practicable to do so. 4 the investments made in respect of an avc member with the authorised provider may be realised and reinvested with the authorised provider at the request of the avc member, in such amounts, at such times, and in such manner as may be specified by the scheme manager with the approval of the authorised provider. 5 the scheme manager may require an authorised provider to surrender the whole or part of the value of the sums referred to in paragraph (1). 6 the scheme manager must re-invest a sum surrendered under paragraph (5) in accordance with paragraph (1). benefits which may be provided 12 1 the avc member is entitled to the benefits attributable to the avc scheme assets. 2 the scheme manager must provide only benefits authorised by or under chapter 3 of part 4 of the 2004 act. 3 where the avc member wishes, from time to time, to take benefits under the avc scheme the avc member must give notice in writing to the scheme manager. 4 a notice under paragraph (3) must specify - a the proportion of the avc member's benefits referred to in paragraph (1) to which the notice relates; b the avc member's preference as to the benefits to be provided under paragraph (2) in relation to that proportion; and c if the avc member wishes a combination of benefits to be provided, what proportion of the avc scheme assets the avc member wishes to be allocated to each type of benefit. death in service 13 1 where an avc member is an active member at the date of their death, any lump sum payable under the avc scheme must be paid to the person (if any) nominated by that avc member for the purposes of this paragraph by notice in writing to the scheme manager. 2 if no such nomination is made, the scheme manager must pay the lump sum to the personal representatives of the avc member. transfers out 14 1 an avc member may cease to be a member of the avc scheme in relation to all or part of the avc scheme assets at any time before those assets are used under regulation 12 by requesting the scheme manager (in such manner as may, subject to chapters 1 and 2 of part 4za of the pension schemes act 1993 or to chapters 1 and 2 of part 4za of the pension schemes (northern ireland) act 1993 , be specified by the scheme manager) to take one of the actions in paragraphs (2)(a) to (d). 2 the actions are - a to transfer all or part of the avc scheme assets to any other registered scheme or a qualifying recognised overseas pension scheme in which the person is participating (provided that the other pension scheme is willing and able to accept such a transfer value); b to use all or part of the avc scheme assets to purchase one or more insurance policies of the type described in section 95(2)(c) of the pension schemes act 1993 or section 91(2)(c) of the pension schemes (northern ireland) act 1993; c to pay the avc member the value of the avc scheme assets if the avc member's pensionable service, together with any service whilst an avc member of another registered scheme from which a transfer value has been paid to the avc scheme or the 2015 scheme, is less than 2 years; d to use all or part of the avc scheme assets in any other way which is not an unauthorised payment within the meaning of section 160(5) of the 2004 act . tax 15 whenever the scheme manager is liable to pay any tax in respect of any payment made to the avc member under these regulations, the scheme manager shall deduct sums equal in total to such tax from the realisable value of any investments made by the authorised provider with the avc member's scheme contributions and any transfer payment accepted in relation to the avc member's accrued rights under regulation 10. administrative expenses 16 any administrative expenses incurred by the authorised provider by virtue of acting as such under these regulations may be defrayed, to the extent agreed by the scheme manager, out of the realisable value of any investments made by the authorised provider in respect of the avc member under regulation 11. consequential amendment 17 for the definition of "judicial additional voluntary contributions scheme" in regulation 140 of the 2015 regulations substitute - "judicial additional voluntary contributions scheme " means the additional voluntary contribution scheme constituted under part 2 of the judicial pensions (additional voluntary contributions) regulations 1995 or the additional voluntary contribution scheme constituted by the judicial pensions (additional voluntary contributions) regulations 2017;". determination of questions 18 1 any question arising under the avc scheme is to be determined by the scheme manager. 2 the scheme manager must, in consultation with the judicial pension board, establish a procedure for the determination of disputes relating to avc members or other persons with an interest in the avc scheme. 3 a procedure established under paragraph (2) must meet the requirements of section 50 (requirement for dispute resolution arrangements) of the pensions act 1995 . elizabeth truss lord chancellor 30th march 2017 we consent david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 29th march 2017

citation, commencement and period in force 1 1 this order may be cited as the m4 and m48 motorways (severn bridges charging scheme) order 2017. 2 it comes into force on 8th january 2018 and remains in force indefinitely. interpretation 2 in this order - a "the scheme roads" means the roads in england carried by the bridges; b the following have the same meaning as in the severn bridges act 1992 - "the bridges"; "the new bridge"; "the toll plaza areas"; "the new toll plaza area". designation of the scheme roads 3 the roads in respect of which charges are imposed under this order are the scheme roads. imposition of charges 4 1 subject to paragraph (2), from 8th january 2018 a charge is imposed in respect of any motor vehicle which is - a of a class specified in column 1 of schedule 1; and b travelling from east to west on a scheme road. 2 no charge is imposed in respect of the motor vehicles described in schedule 2. 3 the charge imposed for a given class of motor vehicle is determined by reference to column 2 of schedule 1. 4 reference to a class of a motor vehicle in column 1 of schedule 1 is to the class determined by reference to regulation 2 of, and schedule 2 to, the road user charging and workplace parking levy (classes of motor vehicles) (england) regulations 2001 . advance payments 5 1 the secretary of state may enter into agreements under which, on such terms as may be provided, persons make payments in advance with respect to charges for the use of a motor vehicle on the scheme roads. 2 agreements may relate to use on an agreed number of occasions or during an agreed period, and may provide for a reduction in the charges specified in schedule 1. 3 agreements must be offered on the same terms to all persons seeking to enter into an agreement. signed by authority of the secretary of state for transport jesse norman parliamentary under secretary of state department for transport 18th december 2017

citation, commencement and application 1 1 these regulations may be cited as the water infrastructure adoption (prescribed water fittings requirements) (england) regulations 2017 and come into force on 1st october 2017. 2 these regulations apply in relation to a water undertaker whose area is wholly or mainly in england. prescribed requirements 2 the prescribed requirements for the purposes of section 51b(6) of the water industry act 1991 are regulations 3 and 4 of the water supply (water fittings) regulations 1999 , insofar as they apply by virtue of regulation 2 of those regulations. review 3 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 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 regulation must, in particular- a set out the objectives to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 15th august 2017

citation, commencement and effect 1 1 these regulations may be cited as the tax credits (definition and calculation of income) (amendment) regulations 2017 and come into force on 6th april 2017. 2 these regulations have effect in relation to awards of tax credit for the tax year 2017-18 and subsequent tax years. amendment of the tax credits (definition and calculation of income) regulations 2002 2 the tax credits (definition and calculation of income) regulations 2002 are amended as follows. 3 in regulation 4 (employment income) - a in paragraph (1) - i in sub-paragraphs (c) and (e) after "itepa" insert "or, where there is an optional remuneration arrangement, the relevant amount,", ii in sub-paragraph (d) after "itepa" insert "or, where such a credit-token is provided pursuant to an optional remuneration arrangement, the relevant amount", and iii after sub-paragraph (i) insert - ia "the relevant amount in cases where a car is made available to the claimant or a member of the claimant's family pursuant to an optional remuneration arrangement where the car's co 2 emissions figure exceeds 75 grams per kilometre; , b in paragraph (4) after "disregarded" insert "except where the payment or benefit is provided pursuant to optional remuneration arrangements and is neither a special case benefit nor an excluded benefit", and c after paragraph (5) insert - 6 for the purposes of this regulation, a benefit is provided pursuant to optional remuneration arrangements if it is provided under either - a arrangements under which, in return for the benefit, the claimant gives up the right (or a future right) to receive an amount of earnings within chapter 1 of part 3 of itepa ("type a arrangements"), or b arrangements (other than type a arrangements) under which the claimant agrees to be provided with the benefit rather than an amount of earnings within chapter 1 of part 3 of itepa. 7 the relevant amount, in relation to a benefit provided pursuant to an optional remuneration arrangement, means the amount treated for income tax purposes as earnings from employment for the tax year by reason of the benefit being provided pursuant to optional remuneration arrangements. 8 a benefit is a special case benefit if it is exempted from a charge to income tax by any of the following provisions in itepa - a section 289a (exemption for paid or reimbursed expenses) , b section 289d (exemption for other benefits) , c section 308b (independent advice in respect of conversions and transfers of pension scheme benefits) , d section 312a (limited exemption for qualifying bonus payments) , e section 317 (subsidised meals) , f section 320c (recommended medical treatment) , and g section 323a (trivial benefits provided by employers) . 9 a benefit is an excluded benefit if - a it is exempted from a charge to income tax by any of the following provisions in itepa - i section 239 (payments and benefits connected with taxable cars and vans and exempt heavy goods vehicles) , ii section 244 (cycles and cyclist's safety equipment) , iii section 266(2)(c) (non-cash voucher regarding entitlement to exemption under section 244), iv section 270a (limited exemption for qualifying childcare vouchers) , v section 308 (exemption of contribution to registered pension scheme) , vi section 308a (exemption of contribution to overseas pension scheme) , vii section 309 (limited exemptions for statutory redundancy payments), viii section 310 (counselling and other outplacement services) , ix section 311 (retraining courses) , x section 318 (childcare: exemption for employer-provided care) , or xi section 318a (childcare: limited exemption for other care) , or b it is a payment, or reimbursement of costs incurred by the claimant, in respect of pension advice and that payment or reimbursement is exempt from a charge to income tax under chapter 9 of part 4 of itepa. 10 a car's co 2 emissions figure is to be determined in accordance with sections 133 to 138 of itepa (cars: the appropriate percentage) . . 4 in regulation 10 (investment income) in table 4 (payments to be disregarded in the calculation of investment income) after entry 14 insert - 15. any payment of, or in respect of, a government bonus under section 1 of the savings (government contributions) act 2017 . the whole amount. . 5 in regulation 11 (property income) after paragraph (2) insert - 2a in calculating property income, the restrictions in section 272a of ittoia (restricting deductions for finance costs related to residential property) and section 399a of ita (property partnerships: restriction of relief for investment loan interest) shall be disregarded. . david evennett robert syms two of the lords commissioners of her majesty's treasury 14th march 2017

citation 1 these regulations may be cited as the riot compensation act 2016 (commencement) regulations 2017. provisions coming into force on 6th april 2017 2 sections 1 to 10 of, and the schedule to, the riot compensation act 2016 come into force on 6th april 2017. brandon lewis minister of state home office 13th march 2017

citation and commencement 1 these regulations may be cited as the cultural test (television programmes) (amendment) regulations 2017 and come into force on 15th december 2017. amendment to the cultural test (television programmes) regulations 2013 2 for the table in schedule 1 to the cultural test (television programmes) regulations 2013 , substitute the following - country/international organisation/authority date of agreement command paper australia 12th june 1990 cm 1758 brazil 28th september 2012 cm 9075 canada 12th september 1975 cmnd 6380 9th july 1985 cmnd 9887 5th july 1991 cm 1807 china 6th december 2016 cm 9508 israel 3rd november 2010 cm 7994 new zealand 14th april 1993 cm 2638 palestinian liberation organisation for the benefit of the palestinian authority 3rd november 2010 cm 7995 south africa 24th may 2006 cm 6866 28th october 2015 cm 9158 revocation of the cultural test (television programmes) (amendment) ( no. 2) regulations 2015 3 the cultural test (television programmes) (amendment) (no. 2) regulations 2015 are revoked. matt hancock minister of state for digital department for digital, culture, media and sport 16th november 2017 we approve, david evennett heather wheeler two lords commissioners of her majesty's treasury 20th november 2017

citation, commencement and application 1 1 these regulations may be cited as the franchising schemes and enhanced partnership schemes (application of tupe) (england) regulations 2017. 2 these regulations come into force on 19th december 2017. 3 these regulations apply in relation to england only. interpretation 2 1 in these regulations - "the 1985 act " means the transport act 1985 ; " the act " means the transport act 2000; "affected local services" - in relation to franchising schemes, means local services which, on the coming into force of a local service contract, the relevant operator would be required by virtue of section 123j(3)(a) and (b) of the act (prohibition on provision of local services other than under a franchising scheme) to cease providing; or in relation to enhanced partnership schemes, means local services which, on the coming into force of an awarded contract, the relevant operator would be required by virtue of regulations made under section 6e(6) of the transport act 1985 to cease providing; "authority" means a local transport authority ; "awarded contract" has the meaning given in section 138s(11) of the act; "local service contract" has the meaning given in section 123a(5) of the act; "personal data" means data which relate to a living individual who can be identified - from the data; or from the data and other information which is in the possession of, or is likely to come into the possession of, the local transport authority or authorities; "principally connected" has the meaning determined under regulation 3; "relevant employee" means an employee whose employment with a relevant operator is principally connected with the provision of affected local services; "relevant information" has the meaning given in regulation 4; "relevant operator" means an operator of affected local services; "scheme" means a franchising scheme or an enhanced partnership scheme ; " tupe " means the transfer of undertakings (protection of employment) regulations 2006 ; and "working time", in relation to an employee, means any period during which an employee is working at the disposal of the employee's employer and is carrying out the activities or duties assigned by the employer, but does not include any period during which the employee is receiving relevant training, and "relevant training" means any work experience or training for employment provided in accordance with a training course or programme. 2 the following expressions have the meaning given in tupe - a "assigned"; b "appropriate representatives"; and c "employee". 3 any period of days prescribed in these regulations is to be calculated by excluding any day which is christmas day, good friday, or a day which is a bank holiday in england and wales under the banking and financial dealings act 1971 . determination of "principally connected" persons 3 1 for the purposes of sections 123x(4) and (7)(a) and 138s(4) and (7)(a) of the act (organised grouping), the determination as to whether a person's employment is "principally connected" with the provision of affected local services is to be made by agreement or, where there is no agreement, in accordance with paragraph (5). 2 where an authority, or authorities, make a franchising scheme under section 123h or an enhanced partnership scheme under section 138g , they must issue a consultation notice to - a operators of affected local services; and b appropriate representatives of employees employed on those affected local services. 3 any notice issued for the purposes of paragraph (2) must set out - a the proposed criteria for determining if a person's employment is principally connected, which may include particular individual roles; b the consultation process and the agreement sought; c the periods over which the consultation process will take place; d the parties to be issued with a consultation notice; and e what constitutes agreement between the parties. 4 once there is agreement between the parties for the purposes of paragraph (1), the authority, or authorities, which have made the scheme must notify the parties and publish the details of the agreement. 5 if there is no agreement for the purposes of paragraph (1), a person's employment is treated as "principally connected" with the provision of affected local services if that person spends, on average, at least half of their working time - a assigned to the provision of affected local services; or b assigned to activities connected wholly or mainly to the provision of affected local services. 6 in this regulation, "the parties" means - a the authority or authorities that have made a franchising scheme or an enhanced partnership scheme; b the operators of affected local services; and c appropriate representatives of employees working on those affected local services. meaning of "relevant information" 4 1 for the purposes of these regulations, "relevant information" means - a relevant employee information; and b information about the identity of appropriate representatives of relevant employees. 2 for the purposes of this regulation "relevant employee information", in relation to a relevant employee, means - a such of the particulars of employment that an employer is obliged to give to an employee by virtue of section 1 of the employment rights act 1996 , b such information about any collective agreements, as defined in section 178(1) of the trade union and labour relations (consolidation) act 1992 , in respect of a relevant employee, c such information describing the affected local services with which a relevant employee's employment is principally connected, including the proportion of a relevant employee's working time assigned to those affected local services, and d such other information, as the authority or authorities making a request under regulation 5 consider necessary in order to enable any person considering entering into a local service contract, an awarded contract, or any other agreement for the provision of local services, to calculate the costs and liabilities likely to arise from the application of tupe to such a contract or agreement. request for information 5 1 at any time after an authority or authorities have made a scheme under section 123h or 138g of the act the authority or authorities may issue a request to a relevant operator for such relevant information about relevant employees as may be specified by the authority or authorities. 2 a request made by virtue of paragraph (1) - a must specify the date by which the relevant operator is to respond to the request, which must be not less than 21 days beginning with the date on which the request is issued; b must contain sufficient information about the scheme to enable a relevant operator to determine which of their employees would be relevant employees for the purposes of that request; c must only request such information as the authority or authorities consider necessary in order to carry out their functions in relation to the application of tupe in connection with the scheme; and d must not include a request for personal data, except to the extent that such a request is for information about the identity of appropriate representatives. 3 if a relevant operator in receipt of a request for information made by virtue of paragraph (1) is of the opinion that the requirement specified in paragraph (2)(b) has not been satisfied, the relevant operator must - a notify the authority or authorities of that opinion within 14 days of receipt of the request made by virtue of paragraph (1); and b describe the information which, in the opinion of the relevant operator, is required in order to satisfy the requirement in paragraph (2)(b). 4 if the authority or authorities receive a notice in accordance with paragraph (3)(a) the authority or authorities must - a supply to the relevant operator such information as seems to the authority or authorities to be necessary, taking into account the description of information supplied in accordance with paragraph (3)(b), in order to enable the relevant operator to respond to the request made by virtue of paragraph (1); and b specify a revised date by which the relevant operator is to respond to the request made by virtue of paragraph (1), which must be not less than 21 days beginning with the date on which the information described in sub-paragraph (a) is received by the relevant operator. 5 if a request has been made by virtue of paragraph (1) and the authority or authorities no longer require information about relevant employees they must notify the relevant operator. obligation on relevant operator in receipt of request for information 6 1 subject to paragraphs (2) and (3), a relevant operator must respond to a request for information made in accordance with regulation 5 within the period which applies by virtue of regulation 5(2)(a) or (4)(b). 2 paragraph (3) applies where an authority or authorities make a request for information by virtue of regulation 5 and either - a the operator does not have any or all of the information requested, and is unable to obtain the information at a reasonable cost; or b the operator is unable, by virtue of the prohibition contained in paragraph (7)(b), to respond to the request. 3 in either of the circumstances described in paragraph (2) - a the operator must, within 14 days beginning with the date on which the request is received, give notice in writing to the authority or authorities that the operator is unable to respond to the request, explaining why it is not possible to provide any or all of the information requested; and b the obligation imposed by virtue of paragraph (1) no longer applies to the operator in respect of any of the information in relation to which the operator has given notice under sub-paragraph (a). 4 if, having received notice by virtue of paragraph (3)(a), the authority or authorities issue a revised request for information - a this regulation applies to the revised request as if it had been a request made by virtue of regulation 5; and b the revised request must specify the date by which the relevant operator is to respond to the request, which - i must be not less than 21 days beginning with the date on which the revised request is received by the operator; or ii must be, in a case where either of the circumstances described in paragraph (2) applied to the request made by virtue of regulation 5, but the operator failed to inform the authority or authorities of that fact within the period specified in paragraph (3)(a), not less than 21 days beginning with the date on which the period specified in paragraph (3)(a) expired. 5 if a request is made by virtue of regulation 5, the relevant operator must continue to provide revised information about the identity of the appropriate representatives to the authority or authorities if that information changes after the response is provided in accordance with paragraph (1). 6 if paragraph (5) applies, the obligation on the operator to provide revised information continues until that operator receives notice that it is no longer required for the purposes of regulation 5. 7 in responding to a request for information made by virtue of regulation 5 a relevant operator - a must take such steps as are reasonable in the circumstances to ensure that the information provided is complete and accurate; and b must not disclose personal data, except to the extent necessary in order to satisfy a request for information about the identity of appropriate representatives. allocation arrangements 7 1 after making a scheme under section 123h or 138g of the act the authority or authorities, must consult - a relevant operators; and b appropriate representatives of relevant employees, about the proposed allocation arrangements. 2 the allocation arrangements must - a identify organised groupings of relevant employees, or classes of relevant employees within such organised groupings; and b identify for each organised grouping of relevant employees or, as the case may be, class of relevant employees within such organised groupings, the local service contract or the awarded contract to which each organised grouping or class of relevant employees is to be assigned. 3 after the end of the consultation required under paragraph (1), the authority or authorities must publish details about the allocation arrangements made in accordance with this regulation and notify - a relevant operators; and b appropriate representatives of relevant employees. 4 for the purposes of this regulation a class of relevant employees is to be defined with reference to one or more of - a the identity of the relevant operators by whom relevant employees are employed; b the organised grouping to which the relevant employees belong; c any identifiable sub-groups to which the relevant employees belong, in a case where the organised grouping is divided into sub-groups by the relevant operator for the purpose of organising the responsibilities of relevant employees; and d the characteristics of the work undertaken by relevant employees when working for a relevant employer, including in particular - i the nature of the duties undertaken; and ii the times and the places at which those duties are normally undertaken. additional provisions where situation in section 123x(2) or 138s(2) arises 8 1 this regulation applies in the circumstances set out in paragraph (2), if at any time - a before the date on which a local service may first be provided under a local service contract, in the case of a franchising scheme, or b after the making of an enhanced partnership scheme, an application is made to a traffic commissioner for the cancellation or variation of a registration made under section 6 of the 1985 act with respect to services which are affected local services. 2 the circumstances referred to in paragraph (1) are that - a the effect of the application is that affected local services would cease to be provided before the coming into force of the local service contract or an awarded contract, as the case may be, under which services similar to, or the same as, those which are to cease to be provided would in future be provided; and b the authority or authorities who made the scheme propose to enter into an agreement with a person, by reason of the cessation of those services, to provide replacement local services in the period between their cessation and the coming into force of that local service contract or awarded contract, as the case may be. 3 as soon as reasonably practicable after the authority or authorities have received a copy of the application described in paragraph (1), the authority or authorities who made the scheme must consult - a relevant operators; and b appropriate representatives of relevant employees, about the revised allocation arrangements which the authority or authorities propose to make in respect of an organised grouping of relevant employees, or classes of relevant employees within such an organised grouping, affected by the circumstances described in this regulation. 4 the authority or authorities who made the scheme must finalise and publish the revised allocation arrangements before - a issuing invitations to tender in accordance with section 89(1) of the 1985 act (obligation to invite tenders for subsidised services); or b entering into an agreement by virtue of section 91(2) of the 1985 act, to operate replacement local services. 5 for the purposes of this regulation "revised allocation arrangements" means allocation arrangements described in regulation 7 revised to take account of any application made under paragraph (1) in circumstances described in paragraph (2). signed by authority of the secretary of state for transport jesse norman parliamentary under secretary of state department for transport 20th november 2017

citation, commencement and interpretation 1 1 this order may be cited as the pension protection fund and occupational pension schemes (levy ceiling and compensation cap) order 2017. 2 it comes into force - a for the purposes of this article and article 2, on 14th march 2017, b for the purposes of article 3, on 31st march 2017, and c for the purposes of articles 4 and 5, on 1st april 2017. 3 in this order, "the act" means the pensions act 2004. the earnings percentage 2 for the purposes of section 178(3)(a) of the act (the levy ceiling), the percentage by which it appears to the secretary of state that the general level of earnings has increased during the review period is 2.6%. the levy ceiling 3 for the purposes of section 177 of the act (amounts to be raised by the pension protection levies), the levy ceiling for the financial year beginning on 1st april 2017 is 1,007,249,095. the compensation cap 4 the amount specified for the purposes of paragraph (a) of the definition of "the compensation cap" in paragraph 26(7) of schedule 7 to the act (pension compensation provisions - compensation cap) is 38,505.61. revocation 5 the pension protection fund and occupational pension schemes (levy ceiling and compensation cap) order 2016 is revoked. signed by authority of the secretary of state for work and pensions. richard harrington parliamentary under secretary of state, department for work and pensions 25th january 2017

citation and commencement 1 this order may be cited as the west northamptonshire joint committee (revocation) order 2017 and comes into force on 1st january 2018. revocation of the west northamptonshire joint committee order 2008 2 the west northamptonshire joint committee order 2008 is revoked. signed by the authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 5th december 2017

part 1 introductory provisions citation, commencement and extent 1 1 these regulations may be cited as the payment services regulations 2017. 2 the following provisions come into force on 13th august 2017 - a this regulation and regulations 2 (interpretation), 106 (functions of the fca ), 112(6) (policy on imposition of penalties), 118 (costs of supervision), 120 (guidance), 121 (fca's exemption from liability in damages) and 147 (duty to co-operate and exchange of information); b regulation 122 and the following provisions of schedule 6 (application and modification of legislation) - i paragraph 1 (disciplinary powers) in so far as that paragraph applies sections 69 and 70 of the 2000 act ; ii paragraph 3 (fca rules) for the purpose of enabling the fca to make rules; iii paragraph 5 (control over payment institutions) in so far as that paragraph applies the provisions of sections 179 and 191e of the 2000 act which confer functions on the fca; iv paragraph 12 (application of the financial services and markets act 2000 (service of notices) regulations 2001 ); c regulation 156 in so far as it gives effect to the following provisions of schedule 8 (amendments to legislation) - i paragraph 2(6) (amendment of section 379a of the 2000 act); ii paragraph 3(b) (amendment of schedule 15 to the enterprise act 2002 ); iii paragraph 5 (amendment of the electronic money regulations 2011 ) for the purpose of enabling the fca to impose requirements, give directions and make rules; d for the purpose of enabling the fca to impose requirements and give directions - i regulation 5(3) and (5) (applications for authorisation as a payment institution); ii regulation 6(7)(e) and (f) (professional indemnity insurance for authorised payment institutions); iii regulation 11(1) and (3) (cancellation of registration); iv regulation 13(1), (2), (3) and (5) (application for registration); v regulation 15 (small payment institutions: supplementary provision) in so far as it applies regulation 11(1) and (3); vi regulation 17(1)(b) and (3) (application for registration as an account information service provider); vii regulation 18(4)(b) (professional indemnity insurance for registered account information service providers); viii regulation 19 (registered account information service providers: supplementary provision) in so far as it applies regulation 11(1) and (3); ix regulation 20(3) (duty to notify changes); x regulation 27(1) (notice of intention); xi regulation 30(4), (5) and (7) (supervision of firms exercising passport rights); xii regulation 34(3) and (4) (application for registration of agent); xiii regulation 37(2) (duty to notify change in circumstances); xiv regulation 38(4) (notification of use of limited network exclusion); xv regulation 39(3) to (5) (notification of use of electronic communications exclusion); xvi regulation 71(8)(c) (denial of access to an account information service provider); xvii regulation 98(3) (management of operational and security risks); xviii regulation 99(2) (incident reporting); xix regulation 105(4)(b) (refusal of access to bank account); xx regulation 109(1) to (3) and (5) (reporting requirements); xxi regulation 119 to the extent that it gives effect to paragraph 5(1), (3) and (4) of schedule 5 (credit agreements). 3 the following provisions come into force on 13th october 2017 - a part 2, for the purposes of enabling - i the making and determination of applications for authorisation or registration (including the imposition of requirements in relation to authorisations and registrations); and ii the giving of notices under regulation 3(2) (exemption for municipal banks); b for the purposes of enabling the giving of notifications and the making of applications to the fca and enabling the fca to take action in response to such notifications and applications, regulations 25 (outsourcing), 34 (use of agents) and 39 (notification of use of electronic communications exclusion); c in schedule 6 (application and modification of legislation), paragraphs 2 (the upper tribunal), 5 (control over payment institutions) in so far as not already in force, 8 (restriction on disclosure of information), 10 (warning notices and decision notices) and 13 (application of the financial services and markets act 2000 (disclosure of confidential information) regulations 2001); d regulations 142 to 146 (misleading the fca); e regulation 150 (transitional and saving provisions), for the purposes of enabling the provision of information or giving of notification under regulation 150(3), and enabling the fca to take action in response to such information or notification; f regulation 156 in so far as it gives effect to - i paragraph 5 of schedule 8 (amendment of the electronic money regulations 2011), for the purpose of enabling the giving of notifications, the making or determining of applications and the taking of action in response to such applications and notifications under the electronic money regulations 2011; ii paragraph 6 of schedule 8 (amendment of the rehabilitation of offenders act 1974 (exceptions) order 1975 ), for the purpose of the fca's determination of applications for authorisation or registration under part 2 of these regulations (including the imposition of requirements in relation to authorisations and registrations). 4 regulations 27 (notice of intention) and 28 (decision following notice of intention) come into force on 13th december 2017 for the purposes of enabling the giving of notifications and enabling the fca to take action in response to such notifications. 5 regulations 68(3)(c), 69(2)(a) and (3)(d), 70(2)(a) and (3)(c), 77(4)(c) and (6) and 100 (secure communication and authentication) come into force eighteen months after the date on which the regulatory technical standards adopted under article 98 of the payment services directive come into force. 6 except as provided in paragraphs (2) to (5), these regulations come into force on 13th january 2018. 7 paragraph 6 of schedule 8 (amendment of the rehabilitation of offenders act 1974 (exceptions) order 1975) extends to england and wales only. interpretation 2 1 in these regulations - "the 2000 act" means the financial services and markets act 2000; "account information service" means an online service to provide consolidated information on one or more payment accounts held by the payment service user with another payment service provider or with more than one payment service provider, and includes such a service whether information is provided - in its original form or after processing; only to the payment service user or to the payment service user and to another person in accordance with the payment service user's instructions; "account information service provider" means a payment service provider which provides account information services; "account servicing payment service provider" means a payment service provider providing and maintaining a payment account for a payer; "acquiring of payment transactions" means a payment service provided by a payment service provider contracting with a payee to accept and process payment transactions which result in a transfer of funds to the payee; "agent" means a person who acts on behalf of an authorised payment institution or a small payment institution in the provision of payment services; "authentication" means a procedure which allows a payment service provider to verify the identity of a payment service user or the validity of the use of a specific payment instrument, including the use of the user's personalised security credentials; "authorised payment institution" means - a person authorised as a payment institution pursuant to regulation 6 (conditions for authorisation as a payment institution) and included by the fca in the register as an authorised payment institution pursuant to regulation 4(1)(a) (the register of certain payment service providers); or a person included by the fca in the register pursuant to regulation 150 or 152, and regulation 153(1) (transitional provisions); "the fca" means the financial conduct authority; "branch" means a place of business, other than the head office, of - an authorised payment institution; a small payment institution; a registered account information service provider; an eea authorised payment institution ; or an eea registered account information service provider ; which forms a legally dependent part of such a payment service provider and which carries out directly all or some of the services inherent in the business of such a payment service provider; and, for the purposes of these regulations, all places of business set up in the same eea state other than the united kingdom by an authorised payment institution are to be regarded as a single branch; "business day" means any day on which the relevant payment service provider is open for business as required for the execution of a payment transaction; "the capital requirements directive " means directive 2013/36/eu of the european parliament and of the council of 26th june 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending directive 2002/87/ec and repealing directives 2006/48/ ec and 2006/49/ec ; "the capital requirements regulation " means regulation ( eu ) 575/2013 of the european parliament and of the council of 26th june 2013 on prudential requirements for credit institutions and investment firms and amending regulation (eu) no 648/2012 ; "charity", in parts 6 (information requirements for payment services) and 7 (rights and obligations in relation to the provision of payment services), means a body whose annual income is less than 1 million and is - in england and wales, a charity as defined by section 1(1) of the charities act 2011 (meaning of "charity") ; in scotland, a charity as defined by section 106 of the charities and trustee investment (scotland) act 2005 (general interpretation) ; in northern ireland, a charity as defined by section 1(1) of the charities act (northern ireland) 2008 (meaning of "charity") ; "co-badged", in relation to a payment instrument, refers to an instrument on which is included two or more payment brands, or two or more payment applications of the same payment brand; " the commissioners " means the commissioners for her majesty's revenue and customs; "consumer" means an individual who, in contracts for payment services to which these regulations apply, is acting for purposes other than a trade, business or profession; "credit institution" has the meaning given in article 4(1)(1) of the capital requirements regulation; "credit transfer" means a payment service for crediting a payee's payment account with a payment transaction or a series of payment transactions from a payer's payment account by the payment service provider which holds the payer's payment account, based on an instruction given by the payer; "designated system" has the meaning given in regulation 2(1) of the financial markets and insolvency (settlement finality) regulations 1999 (interpretation) ; "digital content" means goods or services which are produced and supplied in digital form, the use or consumption of which is restricted to a technical device and which do not include in any way the use or consumption of physical goods or services; "direct debit" means a payment service for debiting the payer's payment account where a payment transaction is initiated by the payee on the basis of consent given by the payer to the payee, to the payee's payment service provider or to the payer's own payment service provider; "durable medium" means any instrument which enables the payment service user to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; "the eea " means the european economic area; " eea agent " means an agent through which an authorised payment institution, in the exercise of its passport rights, provides payment services in an eea state other than the united kingdom; "eea authorised payment institution" means a person authorised in an eea state other than the united kingdom to provide payment services in accordance with the payment services directive; " eea branch " means a branch established by an authorised payment institution, in the exercise of its passport rights, to carry out payment services in an eea state other than the united kingdom; "eea registered account information service provider" means a person that is registered as an account information service provider in an eea state other than the united kingdom under the payment services directive; "electronic communications network" has the meaning given in article 2(a) of directive 2002/21/ec of the european parliament and of the council of 7th march 2002 on a common regulatory framework for electronic communications networks and services ; "electronic communications service" has the meaning given in article 2(c) of directive 2002/21/ec of the european parliament and of the council of 7th march 2002 on a common regulatory framework for electronic communications networks and services; "electronic money" has the meaning given in article 2(2) of the electronic money directive ; "the electronic money directive" means directive 2009/110/ec of the european parliament and of the council of 16th september 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending directives 2005/60/ec and 2006/48/ec and repealing directive 2000/46/ec ; "electronic money institution" has the meaning given in article 2(1) of the electronic money directive; " european banking authority " means the european banking authority established by regulation (eu) 1093/2010 of the european parliament and of the council of 24th november 2010 establishing a european supervisory authority (european banking authority) ; "excluded provider" means a provider of services falling within paragraphs 2(k)(i) to (iii), (l) or (o) of schedule 1 (limited network, electronic communications and cash withdrawal exclusions); "framework contract" means a contract for payment services which governs the future execution of individual and successive payment transactions and which may contain the obligation and conditions for setting up a payment account; "funds" means banknotes and coins, scriptural money and electronic money; "group" means a group of - undertakings linked to each other by a relationship referred to in article 22(1), (2) or (7) of directive 2013/34/eu of the european parliament and of the council of 26th june 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending directive 2006/43/ec of the european parliament and of the council and repealing council directives 78/660/ eec and 83/349/eec ; or undertakings as defined in articles 4 to 7 of commission delegated regulation (eu) no. 241/2014 of 7th january 2014 supplementing regulation (eu) 575/2013 of the european parliament and of the council with regard to regulatory technical standards for own funds requirements for institutions , which are linked to each other by a relationship referred to in article 10(1) or 113(6) or (7) of the capital requirements regulation; "home state competent authority" means the competent authority designated in accordance with article 22 of the payment services directive as being responsible for the authorisation and prudential supervision of an eea authorised payment institution which is exercising (or intends to exercise) its passport rights in the united kingdom; "host state competent authority" means the competent authority designated in accordance with article 22 of the payment services directive in an eea state in which an authorised payment institution exercises (or intends to exercise) its passport rights; " interchange fee regulation " means regulation (eu) 2015/751 of the european parliament and of the council of 29th april 2015 on interchange fees for card-based payment transactions ; "issuing of payment instruments" means a payment service by a payment service provider contracting with a payer to provide a payment instrument to initiate payment orders and to process the payer's payment transactions; "means of distance communication" means a method which, without the simultaneous physical presence of the payment service provider and the payment service user, may be used for the conclusion of a contract for payment services between those parties; "micro-enterprise" means an enterprise which, at the time at which the contract for payment services is entered into, is an enterprise as defined in article 1 and article 2(1) and (3) of the annex to recommendation 2003/361/ec of 6th may 2003 concerning the definition of micro, small and medium-sized enterprises ; "the 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 purpose of money laundering or terrorist financing, amending regulation (eu) no 648/2012 of the european parliament and of the council, and repealing directive 2005/60/ec of the european parliament and of the council and commission directive 2006/70/ec ; "money remittance" means a service for the transmission of money (or any representation of monetary value), without any payment accounts being created in the name of the payer or the payee, where - funds are received from a payer for the sole purpose of transferring a corresponding amount to a payee or to another payment service provider acting on behalf of the payee; or funds are received on behalf of, and made available to, the payee; "notice" means a notice in writing; "own funds" means own funds as defined in article 4(1)(118) of the capital requirements regulation, and "common equity tier 1 capital", "tier 1 capital" and "tier 2 capital" have the same meanings as in that regulation; "parent undertaking" has the same meaning as in the companies acts, as defined by section 1162 of, and schedule 7 to, the companies act 2006 (parent and subsidiary undertakings) ; "participant" has the meaning given in regulation 2(1) of the financial markets and insolvency (settlement finality) regulations 1999 (interpretation) ; "passport right" means the entitlement of a person to establish or provide services in an eea state other than that in which they are authorised to provide payment services - in accordance with the treaty on the functioning of the european union as applied in the eea; and subject to the conditions of the payment services directive; "payee" means a person who is the intended recipient of funds which have been the subject of a payment transaction; "payer" means - a person who holds a payment account and initiates, or consents to the initiation of, a payment order from that payment account; or where there is no payment account, a person who gives a payment order; "payment account" means an account held in the name of one or more payment service users which is used for the execution of payment transactions; "payment brand" means any material or digital name, term, sign or symbol, or combination of them, capable of denoting under which payment card scheme card-based payment transactions are carried out; "payment initiation service" means an online service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider; "payment initiation service provider" means a payment service provider which provides payment initiation services; "payment instrument" means any - personalised device; or personalised set of procedures agreed between the payment service user and the payment service provider, used by the payment service user in order to initiate a payment order; "payment order" means any instruction by a payer or a payee to their respective payment service provider requesting the execution of a payment transaction; "payment service" means any of the activities specified in part 1 of schedule 1 (payment services) when carried out as a regular occupation or business activity, other than any of the activities specified in part 2 of that schedule (activities which do not constitute payment services); "payment services directive" means directive 2015/2366/eu of the european parliament and of the council of 25th november 2015 on payment services in the internal market, amending directives 2002/65/ec , 2009/110/ec and 2013/36/eu and regulation (eu) no. 1093/2010, and repealing directive 2007/64/ec ; "payment service provider" means any of the following when they carry out payment services - authorised payment institutions; small payment institutions; registered account information service providers; eea authorised payment institutions ; eea registered account information service providers; electronic money institutions, including branches located in the eea of such institutions whose head office is outside the eea, in so far as the payment services provided by those branches are linked to the issuance of electronic money; credit institutions, including branches located in the eea; the post office limited; the bank of england, the european central bank and the national central banks of eea states other than the united kingdom, other than when acting in their capacity as a monetary authority or carrying out other functions of a public nature; and government departments and local authorities, other than when carrying out functions of a public nature, and in part 9 (the fca) and schedule 6 (application and modification of legislation), includes agents of payment service providers and excluded providers; "payment service user" means a person when making use of a payment service in the capacity of payer, payee, or both; "payment system" means a funds transfer system with formal and standardised arrangements and common rules for the processing, clearing and settlement of payment transactions; "the payment systems regulator " means the body established under section 40 of the financial services (banking reform) act 2013 (the payment systems regulator); "payment transaction" means an act initiated by the payer or payee, or on behalf of the payer, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and payee; "personalised security credentials" means personalised features provided by a payment service provider to a payment service user for the purposes of authentication; "qualifying holding" has the meaning given in article 4(1)(36) of the capital requirements regulation; "reference exchange rate" means the exchange rate which is used as the basis to calculate any currency exchange and which is made available by the payment service provider or comes from a publicly available source; "reference interest rate" means the interest rate which is used as the basis for calculating any interest to be applied and which comes from a publicly available source which can be verified by both parties to a contract for payment services; "the register" means the register maintained by the fca under regulation 4 (the register of certain payment service providers); "registered account information service provider" means an account information service provider registered pursuant to regulation 18 and included by the fca on the register pursuant to regulation 4(1)(c) (the register of certain payment service providers); "regulated agreement" has the meaning given by section 189(1) of the consumer credit act 1974 (definitions) ; "remote payment transaction" means a payment transaction initiated through the internet or otherwise initiated through a device that can be used for distance communication; "sensitive payment data" means information, including personalised security credentials, which could be used to carry out fraud; but in relation to account information services and payment initiation services does not include the name of an account holder or an account number; "single payment service contract" means a contract for a single payment transaction not covered by a framework contract; "small payment institution" means - a person registered as a small payment institution pursuant to regulation 14 and included by the fca in the register pursuant to regulation 4(1)(b) (the register of certain payment service providers); or a person included by the fca in the register pursuant to regulations 151 and 153(1) (transitional provisions); "strong customer authentication" means authentication based on the use of two or more elements that are independent, in that the breach of one element does not compromise the reliability of any other element, and designed in such a way as to protect the confidentiality of the authentication data, with the elements falling into two or more of the following categories - something known only by the payment service user ("knowledge"); something held only by the payment service user ("possession"); something inherent to the payment service user ("inherence"); "subsidiary undertaking" has the same meaning as in the companies acts (see section 1162 of, and schedule 7 to, the companies act 2006 (parent and subsidiary undertakings)); "transfer order" has the meaning given in regulation 2(1) of the financial markets and insolvency (settlement finality) regulations 1999 (interpretation) ; "unique identifier" means a combination of letters, numbers or symbols specified to the payment service user by the payment service provider and to be provided by the payment service user in relation to a payment transaction in order to identify unambiguously one or both of - another payment service user who is a party to the payment transaction; the other payment service user's payment account; "value date" means a reference time used by a payment service provider for the calculation of interest on the funds debited from or credited to a payment account. 2 in these regulations references to amounts in euros include references to equivalent amounts in pounds sterling. 3 unless otherwise defined, expressions used in these regulations which are also used in the payment services directive have the same meaning as in that directive. 4 expressions used in a modification to a provision in primary or secondary legislation applied by these regulations have the same meaning as in these regulations. exemption for certain bodies 3 1 subject to paragraph (2) and regulation 4(1)(f), these regulations do not apply to the following persons - a credit unions; b municipal banks; and c the national savings bank. 2 where municipal banks provide or propose to provide payment services they must give notice to the fca. 3 in this regulation - "credit union" means a credit union within the meaning of - the credit unions act 1979 ; the credit unions (northern ireland) order 1985 ; "municipal bank" means a company which, immediately before 1st december 2001, fell within the definition of a municipal bank in section 103 of the banking act 1987 (municipal banks) . part 2 registration the register the register of certain payment service providers 4 1 the fca must maintain a register of - a authorised payment institutions and their eea branches ; b small payment institutions; c registered account information service providers; d persons providing a service falling within paragraph 2(k)(i) to (iii) or (l) of schedule 1 who have notified the fca under regulation 38 or 39 (notification of use of limited network or electronic communications exclusion); e agents of authorised payment institutions, small payment institutions and registered account information service providers, registered under regulation 34 (use of agents); and f the persons specified in regulation 3(1) (exemption for certain bodies) where they provide payment services. 2 the fca may include on the register any of the persons mentioned in paragraphs (d) to (i) of the definition of a payment service provider in regulation 2(1) (interpretation) where such persons provide payment services. 3 where a person mentioned in paragraph (h), (i) or (j) of the definition of a payment service provider in regulation 2(1) - a is not included on the register; and b provides, or proposes to provide, payment services, the person must give notice to the fca. 4 the fca may - a keep the register in any form it thinks fit; b include on it such information as the fca considers appropriate, provided that the register identifies the payment services for which an institution is authorised or registered under this part; and c exploit commercially the information contained in the register, or any part of that information. 5 the fca must - a publish the register online and make it available for public inspection; b enter in the register any cancellation of an authorisation or registration; c enter in the register a description of the service provided by a person included on the register by virtue of paragraph (1)(d); d update the register without delay; and e provide a certified copy of the register, or any part of it, to any person who asks for it - i on payment of the fee (if any) fixed by the fca; and ii in a form (either written or electronic) in which it is legible to the person asking for it. 6 the fca must, without delay, notify the european banking authority of - a the information entered in the register; b any changes to the information in the register; c the reasons for the cancellation of any authorisation or registration; and d where a person is included on the register by virtue of paragraph (1)(d), the particular exclusion which applies to the services provided by the person. authorisation as a payment institution application for authorisation as a payment institution or variation of an existing authorisation 5 1 an application for authorisation as a payment institution must contain or be accompanied by the information specified in schedule 2 (information to be included in or with an application for authorisation). 2 an application for the variation of an authorisation as a payment institution must - a contain a statement of the proposed variation; b contain a statement of the payment services which the applicant proposes to carry on if the authorisation is varied; and c contain, or be accompanied by, such other information as the fca may reasonably require. 3 an application under paragraph (1) or (2) must be made in such manner as the fca may direct. 4 at any time after receiving an application and before determining it, the fca may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application. 5 different directions may be given, and different requirements imposed, in relation to different applications or categories of application. conditions for authorisation as a payment institution 6 1 the fca may refuse to grant all or part of an application for authorisation as a payment institution only if any of the conditions set out in paragraphs (2) to (9) is not met. 2 the application must comply with the requirements of, and any requirements imposed under, regulations 5 (application for authorisation) and 20 (duty to notify changes). 3 the applicant must immediately before the time of authorisation hold the amount of initial capital specified in part 1 of schedule 3 (capital requirements). 4 the applicant must be a body corporate constituted under the law of a part of the united kingdom having - a its head office, and b if it has a registered office, that office, in the united kingdom. 5 the applicant carries on, or will carry on, at least part of its payment service business in the united kingdom. 6 the applicant must satisfy the fca that, taking into account the need to ensure the sound and prudent conduct of the affairs of the institution, it has - a robust governance arrangements for its payment service business, including a clear organisational structure with well-defined, transparent and consistent lines of responsibility; b effective procedures to identify, manage, monitor and report any risks to which it might be exposed; c adequate internal control mechanisms, including sound administrative, risk management and accounting procedures, which are comprehensive and proportionate to the nature, scale and complexity of the payment services to be provided by the institution. 7 the applicant must satisfy the fca that - a any persons having a qualifying holding in it are fit and proper persons having regard to the need to ensure the sound and prudent conduct of the affairs of an authorised payment institution; b the directors and persons responsible for the management of the institution and, where relevant, the persons responsible for the management of payment services, are of good repute and possess appropriate knowledge and experience to provide payment services; c it has a business plan (including, for the first three years, a forecast budget calculation) under which appropriate and proportionate systems, resources and procedures will be employed by the institution to operate soundly; d it has taken adequate measures for the purpose of safeguarding payment service users' funds in accordance with regulation 23 (safeguarding requirements); e in the case of an applicant which proposes to carry on payment initiation services, it holds professional indemnity insurance or a comparable guarantee, which covers - i the territories in which the applicant proposes to offer payment initiation services; and ii the applicant's potential liability under regulations 76 (payment service provider's liability for unauthorised payment transactions) and 91 to 95 (non-execution or defective or late execution of transactions, liability for charges and interest and right of recourse), up to such amount as the fca may direct; and f in the case of an applicant which proposes to carry on account information services, it holds professional indemnity insurance or a comparable guarantee, which covers - i the territories in which the applicant proposes to offer account information services; and ii the applicant's potential liability to account servicing payment service providers and payment service users resulting from unauthorised or fraudulent access to, or use of, payment account information, up to such amount as the fca may direct. 8 the applicant must comply with a requirement of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 to be included in a register maintained under those regulations where such a requirement applies to the applicant. 9 if the applicant has close links with another person ("cl") the applicant must satisfy the fca - a that those links are not likely to prevent the fca's effective supervision of the applicant; and b if it appears to the fca that cl is subject to the laws, regulations or administrative provisions of a territory which is not an eea state ("the foreign provisions"), that neither the foreign provisions, nor any deficiency in their enforcement, would prevent the fca's effective supervision of the applicant. 10 for the purposes of paragraph (9), an applicant has close links with cl if-- a cl is a parent undertaking of the applicant; b cl is a subsidiary undertaking of the applicant; c cl is a parent undertaking of a subsidiary undertaking of the applicant; d cl is a subsidiary undertaking of a parent undertaking of the applicant; e cl owns or controls 20% or more of the voting rights or capital of the applicant; or f the applicant owns or controls 20% or more of the voting rights or capital of cl. imposition of requirements 7 1 the fca may include in an authorisation such requirements as it considers appropriate. 2 a requirement may, in particular, be imposed so as to require the person concerned to - a take a specified action; b refrain from taking a specified action. 3 a requirement may be imposed by reference to the person's relationship with its group or other members of its group. 4 where - a an applicant for authorisation as a payment institution intends to carry on business activities other than the provision of payment services; and b the fca considers that the carrying on of such other business activities will impair, or is likely to impair - i the financial soundness of the applicant, or ii the fca's effective supervision of the applicant, the fca may require the applicant to establish a separate body corporate to carry on the payment service business. 5 a requirement expires at the end of such period as the fca may specify in the authorisation. 6 paragraph (5) does not affect the fca's powers under regulation 8 or 12 (variation of authorisation). variation etc. at request of authorised payment institution 8 the fca may, on the application of an authorised payment institution, vary that person's authorisation by - a adding a payment service to those for which it has granted authorisation; b removing a payment service from those for which it has granted authorisation; c imposing a requirement such as may, under regulation 7 (imposition of requirements), be included in an authorisation; d cancelling a requirement included in the authorisation or previously imposed under paragraph (c); or e varying such a requirement, provided that the fca is satisfied that the conditions set out in regulation 6(4) to (9) (conditions for authorisation) and, if applicable, the requirement in regulation 22(1) (capital requirements) to maintain own funds, are being or are likely to be met. determination of application for authorisation or variation of authorisation 9 1 the fca must determine an application for authorisation or the variation of an authorisation before the end of the period of three months beginning with the date on which it received the completed application. 2 the fca may determine an incomplete application if it considers it appropriate to do so, and it must in any event determine any such application within 12 months beginning with the date on which it received the application. 3 the applicant may withdraw its application, by giving the fca notice, at any time before the fca determines it. 4 the fca may grant authorisation to carry out the payment services to which the application relates or such of them as may be specified in the grant of the authorisation. 5 if the fca decides to grant an application for authorisation, or for the variation of an authorisation, it must give the applicant notice of its decision specifying - a the payment services for which authorisation has been granted; or b the variation granted, described in such manner as the fca considers appropriate. 6 the notice must state the date on which the authorisation or variation takes effect. 7 if the fca proposes to refuse an application or to impose a requirement it must give the applicant a warning notice. 8 the fca must, having considered any representations made in response to the warning notice - a if it decides to refuse the application or to impose a requirement, give the applicant a decision notice; or b if it grants the application without imposing a requirement, give the applicant notice of its decision, stating the date on which the authorisation or variation takes effect. 9 if the fca decides to refuse the application or to impose a requirement the applicant may refer the matter to the upper tribunal. 10 if the fca decides to authorise the applicant, or vary its authorisation, it must update the register as soon as practicable. cancellation of authorisation 10 1 the fca may cancel a person's authorisation and enter such cancellation in the register where - a the person does not provide payment services within 12 months beginning with the date on which the authorisation took effect; b the person requests, or consents to, the cancellation of the authorisation; c the person ceases to engage in business activity for more than six months; d the person has obtained authorisation through false statements or any other irregular means; e the person no longer meets, or is unlikely to continue to meet, any of the conditions set out in regulation 6(4) to (9) (conditions for authorisation) or, if applicable, the requirement in regulation 22(1) (capital requirements) to maintain own funds, or does not inform the fca of a major change in circumstances which is relevant to its meeting those conditions or that requirement, as required by regulation 37 (duty to notify change in circumstance); f the person has provided payment services other than in accordance with the authorisation granted to it; g the person would constitute a threat to the stability of, or trust in, a payment system by continuing its payment services business; h the cancellation is desirable in order to protect the interests of consumers; or i the person's provision of payment services is otherwise unlawful, including where such provision of services is unlawful because the person's registration in a register maintained under regulation 54 or 55 of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 (duty and power to maintain registers) has been cancelled under regulation 60 of those regulations (cancellation and suspension of registration). 2 where the fca proposes to cancel a person's authorisation, other than at the person's request, it must give the person a warning notice. 3 the fca must, having considered any representations made in response to the warning notice - a if it decides to cancel the authorisation, give the person a decision notice; or b if it decides not to cancel the authorisation, give the person notice of its decision. 4 if the fca decides to cancel the authorisation, other than at the person's request, the person may refer the matter to the upper tribunal. 5 where the period for a reference to the upper tribunal has expired without a reference being made, the fca must as soon as practicable update the register accordingly. request for cancellation of authorisation 11 1 a request for cancellation of a person's authorisation under regulation 10(1)(b) (cancellation of authorisation) must be made in such manner as the fca may direct. 2 at any time after receiving a request and before determining it, the fca may require the person making the request to provide it with such further information as it reasonably considers necessary to enable it to determine the request. 3 different directions may be given and different requirements imposed, in relation to different requests or categories of request. variation of authorisation on fca's own initiative 12 1 the fca may vary a person's authorisation in any of the ways mentioned in regulation 8 if it appears to the fca that - a the person no longer meets, or is unlikely to continue to meet, any of the conditions set out in regulation 6(4) to (9) (conditions for authorisation) or, if applicable, the requirement in regulation 22(1) (capital requirements) to maintain own funds, or does not inform the fca of a major change in circumstances which is relevant to its meeting those conditions or that requirement, as required by regulation 37 (duty to notify change in circumstance); b the person has provided a particular payment service or payment services other than in accordance with the authorisation granted to it; c the person would constitute a threat to the stability of, or trust in, a payment system by continuing to provide a particular payment service or payment services; d the variation is desirable in order to protect the interests of consumers; or e the person's provision of a particular payment service or payment services is otherwise unlawful, including where such provision of services is unlawful because the person's registration in a register maintained under regulation 54 or 55 of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 (duty and power to maintain registers) has been cancelled under regulation 60 of those regulations (cancellation and suspension of registration). 2 a variation under this regulation takes effect - a immediately, if the notice given under paragraph (6) states that that is the case; b on such date as may be specified in the notice; or c if no date is specified in the notice, when the matter to which the notice relates is no longer open to review. 3 a variation may be expressed to take effect immediately or on a specified date only if the fca, having regard to the ground on which it is exercising the power under paragraph (1), reasonably considers that it is necessary for the variation to take effect immediately or, as the case may be, on that date. 4 the fca must as soon as practicable after the variation takes effect update the register accordingly. 5 a person who is aggrieved by the variation of their authorisation under this regulation may refer the matter to the upper tribunal. 6 where the fca proposes to vary a person's authorisation under this regulation, it must give the person notice. 7 the notice must - a give details of the variation; b state the fca's reasons for the variation and for its determination as to when the variation takes effect; c inform the person that they may make representations to the fca within such period as may be specified in the notice (whether or not the person has referred the matter to the upper tribunal); d inform the person of the date on which the variation takes effect; and e inform the person of their right to refer the matter to the upper tribunal and the procedure for such a reference. 8 the fca may extend the period allowed under the notice for making representations. 9 if, having considered any representations made by the person, the fca decides - a to vary the authorisation in the way proposed, or b if the authorisation has been varied, not to rescind the variation, it must give the person notice. 10 if, having considered any representations made by the person, the fca decides - a not to vary the authorisation in the way proposed, b to vary the authorisation in a different way, or c to rescind a variation which has taken effect, it must give the person notice. 11 a notice given under paragraph (9) must inform the person of their right to refer the matter to the upper tribunal and the procedure for such a reference. 12 a notice under paragraph (10)(b) must comply with paragraph (7). 13 for the purposes of paragraph (2)(c), paragraphs (a) to (d) of section 391(8) of the 2000 act (publication) apply to determine whether a matter is open to review. registration as a small payment institution application for registration as a small payment institution or variation of an existing registration 13 1 an application for registration as a small payment institution must contain, or be accompanied by, such information as the fca may reasonably require. 2 an application for the variation of a registration as a small payment institution must - a contain a statement of the proposed variation; b contain a statement of the payment services which the applicant proposes to carry on if the registration is varied; and c contain, or be accompanied by, such other information as the fca may reasonably require. 3 an application under paragraph (1) or (2) must be made in such manner as the fca may direct. 4 at any time after receiving an application and before determining it, the fca may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application. 5 different directions may be given, and different requirements imposed, in relation to different applications or categories of application. conditions for registration as a small payment institution 14 1 the fca may refuse to register an applicant as a small payment institution only if any of the conditions set out in paragraphs (2) to (11) is not met. 2 the application must comply with the requirements of, and any requirements imposed under, regulations 13 and 20. 3 the monthly average over the period of 12 months preceding the application of the total amount of payment transactions executed by the applicant, including any of its agents in the united kingdom, must not exceed 3 million euros. 4 the business to which the application relates must not include the provision of account information services or payment initiation services. 5 none of the individuals responsible for the management or operation of the business has been convicted of - a an offence under part 7 of the proceeds of crime act 2002 (money laundering) or under the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017; b an offence under section 15 (fund-raising), 16 (use and possession), 17 (funding arrangements), 18 (money laundering) or 63 (terrorist finance: jurisdiction) of the terrorism act 2000 ; c an offence under the 2000 act; d an offence under regulation 3, 4 or 6 of the al-qaida and taliban (asset-freezing) regulations 2010 , or regulation 10 of the isil (da'esh) and al-qaida (asset-freezing) regulations 2011 (contravention and circumvention of prohibitions) ; e an offence under section 11, 12, 13, 14, 15 or 18 of the terrorist asset-freezing etc act 2010 (offences relating to the freezing of funds etc. of designated persons) ; f an offence under these regulations or the electronic money regulations 2011 ; or g any other financial crimes. 6 where the applicant is a partnership, an unincorporated association or a body corporate, the applicant must satisfy the fca that any persons having a qualifying holding in it are fit and proper persons having regard to the need to ensure the sound and prudent conduct of the affairs of a small payment institution. 7 the applicant must satisfy the fca that - a where the applicant is a body corporate, the directors; b the persons responsible for the management of the institution; and c where relevant, the persons responsible for the management of payment services, are of good repute and possess appropriate knowledge and experience to provide payment services. 8 if the applicant is a body corporate which has close links with another person ("cl") the applicant must satisfy the fca - a that those links are not likely to prevent the fca's effective supervision of the applicant; and b if it appears to the fca that cl is subject to the laws, regulations or administrative provisions of a territory which is not an eea state ("the foreign provisions"), that neither the foreign provisions, nor any deficiency in their enforcement, would prevent the fca's effective supervision of the applicant. 9 regulation 6(10) (conditions for authorisation: definition of close links) applies for the purposes of paragraph (8) of this regulation as it applies for the purposes of regulation 6(9). 10 the applicant's head office, registered office or place of residence, as the case may be, must be in the united kingdom. 11 the applicant must comply with a requirement of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 to be included in a register maintained under those regulations where such a requirement applies to the applicant. 12 for the purposes of paragraph (3) where the applicant has yet to commence the provision of payment services, or has been providing payment services for less than 12 months, the monthly average may be based on the projected total amount of payment transactions over a 12 month period. 13 in paragraph (5) "financial crime" includes any offence involving fraud or dishonesty and, for this purpose, "offence" includes any act or omission which would be an offence if it had taken place in the united kingdom. supplementary provisions 15 regulations 7 to 12 apply to registration as a small payment institution as they apply to authorisation as a payment institution as if - a references to authorisation were references to registration; b in regulation 7 (imposition of requirements), paragraph (4) were omitted; c in regulation 8 (variation at request of authorised payment institution) - i for "an authorised payment institution" there were substituted "small payment institution"; and ii for "provided that" to the end there were substituted - provided that the fca is satisfied that the conditions set out in regulation 14(4) to (11) are being or are likely to be met and that the monthly average over any period of 12 months of the total amount of payment transactions executed by the institution, including any of its agents in the united kingdom, continues not to exceed 3 million euros ("the financial limit"). ; d in regulation 10(1) (cancellation of authorisation) for sub-paragraph (e) there were substituted - e the person does not meet, or is unlikely to meet, any of the conditions set out in regulation 14(4) to (11) (conditions for registration as small payment institution) or the financial limit referred to in regulation 8 or does not inform the fca of a major change in circumstances which is relevant to its meeting those conditions or that requirement, as required by regulation 37 (duty to notify change in circumstance); ; and e in regulation 12(1) (variation of authorisation on fca's own initiative) for sub-paragraph (a) there were substituted - a the person does not meet, or is unlikely to meet, any of the conditions set out in regulation 14(4) to (11) or the financial limit referred to in regulation 8; . application for authorisation or registration if requirements cease to be met 16 if a small payment institution no longer meets a condition in regulation 14(3), (5) or (10) (conditions for registration as small payment institution) or intends to provide services other than those permitted by regulation 32 (additional activities), the institution concerned must, within 30 days of becoming aware of the change in circumstances, apply for authorisation as a payment institution under regulation 5 or registration as an account information service provider under regulation 17, as appropriate, if it intends to continue providing payment services in the united kingdom. registration as an account information service provider application for registration as an account information service provider or variation of an existing registration 17 1 an application for registration as an account information service provider or for the variation of a registration as an account information service provider must - a contain or be accompanied by the information specified in paragraphs 1, 2, 5 to 8, 10, 12, 14 and 16 to 19 of schedule 2 (information to be provided in or with an application for authorisation); and b be made in such manner as the fca may direct. 2 at any time after receiving an application and before determining it, the fca may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application. 3 different directions may be given, and different requirements imposed, in relation to different applications or categories of application. conditions for registration as an account information service provider 18 1 the fca may refuse to register an applicant as an account information service provider if - a any of the conditions set out in paragraphs (2) to (4) is not met; or b any of the grounds in regulation 10(1) (as applied by regulation 19) would be met if the applicant were registered. 2 the application must comply with the requirements of, and any requirements imposed under, regulations 17 (application for registration as an account information service provider) and 20 (duty to notify changes). 3 the business to which the application relates must not include the provision of any payment service other than account information services. 4 the applicant must hold professional indemnity insurance or a comparable guarantee, which covers - a the territories in which the applicant proposes to offer account information services; and b the applicant's potential liability to account servicing payment service providers and payment service users resulting from unauthorised or fraudulent access to, or use of, payment account information, up to such amount as the fca may direct. supplementary provisions 19 regulations 7 to 12 apply to registration as an account information service provider as they apply to authorisation as a payment institution, but as if - a references to authorisation were references to registration; b in regulation 7 (imposition of requirements), paragraph (4) were omitted; c in regulation 8 (variation at request of authorised payment institution) - i for "an authorised payment institution" there were substituted "registered account information service provider"; ii paragraphs (a) and (b) were omitted; and iii for "provided that" to the end there were substituted "provided that the conditions set out in regulation 18(3) and (4) are being or are likely to be met."; d in regulation 10(1) (cancellation of authorisation) for sub-paragraph (e) there were substituted - e the person does not meet, or is unlikely to meet, the conditions set out in regulation 18(3) and (4); ; and e in regulation 12(1) (variation of authorisation on fca's own initiative) for sub-paragraph (a) there were substituted - a the person does not meet, or is unlikely to meet, the conditions set out in regulation 18(3) and (4); . common provisions duty to notify changes 20 1 if at any time after an applicant has provided the fca with any information under regulation 5(1), (2), or (4) (application for authorisation or variation of authorisation), 13(1), (2) or (4) (application for registration as a small payment institution or variation of registration) or 17(1) or (2) (application for registration as an account information service provider or variation of registration) and before the fca has determined the application - a there is, or is likely to be, a material change affecting any matter contained in that information; or b it becomes apparent to the applicant that the information is incomplete or contains a material inaccuracy, the applicant must provide the fca with details of the change, the complete information or a correction of the inaccuracy (as the case may be) without undue delay, or, in the case of a material change which has not yet taken place, the applicant must provide details of the likely change as soon as the applicant is aware of such change. 2 the obligation in paragraph (1) also applies to material changes or significant inaccuracies affecting any matter contained in any supplementary information provided pursuant to that paragraph. 3 any information to be provided to the fca under this regulation must be in such form or verified in such manner as it may direct. authorised payment institutions, small payment institutions and registered account information service providers acting without permission 21 if an authorised payment institution, a small payment institution or a registered account information service provider carries on a payment service in the united kingdom, or purports to do so, other than in accordance with an authorisation or registration granted to it by the fca, it is to be taken to have contravened a requirement imposed on it under these regulations. part 3 authorised payment institutions capital requirements 22 1 an authorised payment institution must maintain at all times own funds equal to or in excess of the greater of - a the amount of initial capital specified in part 1 of schedule 3 (capital requirements), or b in the case of an authorised payment institution which does not fall within paragraph (2), the amount of own funds calculated in accordance with part 2 of schedule 3. 2 an authorised payment institution falls within this paragraph if - a it does not offer payment services specified in paragraph 1(a) to (f) of schedule 1 (payment services other than payment initiation services or account information services); or b i it is included in the consolidated supervision of a parent credit institution pursuant to the capital requirements directive; and ii all of the conditions specified in article 7(1) of the capital requirements regulation are met in respect of it. 3 the own funds maintained must meet the following requirements - a the amount of tier 2 capital must be equal to or less than one third of the amount of tier 1 capital; b at least 75% of the amount of tier 1 capital must be in the form of common equity tier 1 capital. 4 an authorised payment institution must not include in its own funds calculation any item - a used in an equivalent calculation by an authorised payment institution, credit institution, investment firm, asset management company or insurance undertaking in the same group; or b in the case of an authorised payment institution which carries out activities other than providing payment services, is used in carrying out those activities. safeguarding requirements 23 1 for the purposes of this regulation "relevant funds" comprise the following - a sums received from, or for the benefit of, a payment service user for the execution of a payment transaction; and b sums received from a payment service provider for the execution of a payment transaction on behalf of a payment service user. 2 where - a only a portion of the sums referred to in paragraph (1)(a) or (b) is to be used for the execution of a payment transaction (with the remainder being used for non-payment services); and b the precise portion attributable to the execution of the payment transaction is variable or unknown in advance, the relevant funds are such amount as may be reasonably estimated, on the basis of historical data and to the satisfaction of the fca, to be representative of the portion attributable to the execution of the payment transaction. 3 an authorised payment institution must safeguard relevant funds in accordance with either - a paragraphs (5) to (11); or b paragraphs (12) and (13). 4 an authorised payment institution may safeguard certain relevant funds in accordance with paragraphs (5) to (11) and the remaining relevant funds in accordance with paragraphs (12) and (13). 5 an authorised payment institution must keep relevant funds segregated from any other funds that it holds. 6 where the authorised payment institution continues to hold the relevant funds at the end of the business day following the day on which they were received it must - a place them in a separate account that it holds with an authorised credit institution or the bank of england; or b invest the relevant funds in such secure, liquid assets as the fca may approve ("relevant assets") and place those assets in a separate account with an authorised custodian. 7 an account in which relevant funds or relevant assets are placed under paragraph (6) must - a be designated in such a way as to show that it is an account which is held for the purpose of safeguarding relevant funds or relevant assets in accordance with this regulation; and b be used only for holding those funds or assets. 8 no person other than the authorised payment institution may have any interest in or right over the relevant funds or relevant assets placed in an account in accordance with paragraph (6)(a) or (b) except as provided by this regulation. 9 notwithstanding paragraphs (5), (6), (7)(b) and (8), where an authorised payment institution is a participant in a designated system and the institution holds an account at the bank of england for the purposes of completing the settlement of transfer orders that have been entered into the designated system on behalf of payment service users - a funds held in the account pending settlement in accordance with the rules or default arrangements of the designated system, in respect of transfer orders that have been entered into the designated system on behalf of payment service users, may continue to be held in the account with relevant funds; b the account, or a specified amount of funds in the account, may be subject to an interest or right in favour of the bank of england in order to ensure the availability of funds to complete the settlement of transfer orders in accordance with the rules or default arrangements of the designated system; c subject to paragraph (10), funds received into the account by the authorised payment institution upon settlement are to be considered as having been appropriately safeguarded in accordance with this regulation from the time of receipt in the designated system until the time of receipt into the account. 10 the fca may direct that paragraph (9)(c) does not apply in relation to a designated system if, in the fca's view, the rules and default arrangements of that system do not adequately insulate the funds of payment service users from the claims of other creditors of authorised payment institutions which are participants in the system. 11 the authorised payment institution must keep a record of - a any relevant funds segregated in accordance with paragraph (5); b any relevant funds placed in an account in accordance with paragraph (6)(a); c any relevant assets placed in an account in accordance with paragraph (6)(b); d any funds held in an account as permitted by paragraph (9)(a); e any funds expected to be received into an account as described in paragraph (9)(c) in respect of transfer orders that have been entered into the designated system; f any funds received into an account as described in paragraph (9)(c). 12 the authorised payment institution must ensure that - a any relevant funds are covered by - i an insurance policy with an authorised insurer; ii a comparable guarantee given by an authorised insurer; or iii a comparable guarantee given by an authorised credit institution; and b the proceeds of any such insurance policy or guarantee are payable upon an insolvency event into a separate account held by the authorised payment institution which must - i be designated in such a way as to show that it is an account which is held for the purpose of safeguarding relevant funds in accordance with this regulation; and ii be used only for holding such proceeds. 13 no person other than the authorised payment institution may have any interest in or right over the proceeds placed in an account in accordance with paragraph (12)(b) except as provided by this regulation. 14 subject to paragraph (15), where there is an insolvency event - a the claims of payment service users are to be paid from the asset pool in priority to all other creditors; and b until all the claims of payment service users have been paid, no right of set-off or security right may be exercised in respect of the asset pool except to the extent that the right of set-off relates to fees and expenses in relation to operating an account held in accordance with paragraph (6)(a) or (b), (9) or (12)(b). 15 the claims referred to in paragraph (14)(a) shall not be subject to the priority of expenses of an insolvency proceeding except in respect of the costs of distributing the asset pool. 16 paragraphs (14) and (15) apply to any relevant funds which a small payment institution voluntarily safeguards in accordance with either paragraphs (5) to (11) or paragraphs (12) and (13). 17 an authorised payment institution (and any small payment institution which voluntarily safeguards relevant funds) must maintain organisational arrangements sufficient to minimise the risk of the loss or diminution of relevant funds or relevant assets through fraud, misuse, negligence or poor administration. 18 in this regulation - "asset pool" means - any relevant funds segregated in accordance with paragraph (5); any relevant funds held in an account in accordance with paragraph (6)(a); where paragraph (9) applies, any funds that are received into the account held at the bank of england upon settlement in respect of transfer orders that have been entered into the designated system on behalf of payment service users, whether settlement occurs before or after the insolvency event; any relevant assets held in an account in accordance with paragraph (6)(b); and any proceeds of an insurance policy or guarantee held in an account in accordance with paragraph (12)(b); "authorised insurer" means a person authorised for the purposes of the 2000 act to effect and carry out a contract of general insurance as principal or otherwise authorised in accordance with article 14 of directive 2009/138/ec of the european parliament and of the council of 25th november 2009 on the taking-up and pursuit of the business of insurance and reinsurance (solvency ii ) to carry out non-life insurance activities as referred to in article 2(2) of that directive, other than a person in the same group as the authorised payment institution; "authorised credit institution" means a person authorised for the purposes of the 2000 act to accept deposits or otherwise authorised as a credit institution in accordance with article 8 of the capital requirements directive other than a person in the same group as the authorised payment institution; "authorised custodian" means a person authorised for the purposes of the 2000 act to safeguard and administer investments or authorised as an investment firm under article 5 of directive 2014/65/eu of 15th may 2014 on markets in financial instruments and amending directive 2002/92/ec and directive 2011/61/eu which holds those investments under regulatory standards at least equivalent to those set out under article 16 of that directive; "default arrangements" has the meaning given in regulation 2(1) of the financial markets and insolvency (settlement finality) regulations 1999 (interpretation); "insolvency event" means any of the following procedures in relation to an authorised payment institution or small payment institution - the making of a winding-up order; the passing of a resolution for voluntary winding-up; the entry of the institution into administration; the appointment of a receiver or manager of the institution's property; the approval of a proposed voluntary arrangement (being a composition in satisfaction of debts or a scheme of arrangement); the making of a bankruptcy order; in scotland, the award of sequestration; the making of any deed of arrangement for the benefit of creditors or, in scotland, the execution of a trust deed for creditors; the conclusion of any composition contract with creditors; or the making of an insolvency administration order or, in scotland, sequestration, in respect of the estate of a deceased person; "insolvency proceeding" means - winding-up, administration, receivership, bankruptcy or, in scotland, sequestration; a voluntary arrangement, deed of arrangement or trust deed for the benefit of creditors; or the administration of the insolvent estate of a deceased person; "rules" has the meaning given in regulation 2(1) of the financial markets and insolvency (settlement finality) regulations 1999 (interpretation); "security right" means - security for a debt owed by an authorised payment institution or a small payment institution and includes any charge, lien, mortgage or other security over the asset pool or any part of the asset pool; and any charge arising in respect of the expenses of a voluntary arrangement; "settlement" and "system" have the same meanings as in the financial markets and insolvency (settlement finality) regulations 1999. accounting and statutory audit 24 1 where an authorised payment institution carries on activities other than the provision of payment services, it must provide to the fca separate accounting information in respect of its provision of payment services. 2 such accounting information must be subject, where relevant, to an auditor's report prepared by the institution's statutory auditors or an audit firm (within the meaning of directive 2006/43/ec of the european parliament and of the council of 17th may 2006 on statutory audits of annual accounts and consolidated accounts, amending council directives 78/660/eec and 83/349/eec and repealing council directive 84/253/eec ). 3 a statutory auditor or audit firm ("the auditor") must, in any of the circumstances referred to in paragraph (4), communicate to the fca information on, or its opinion on, matters - a of which it has become aware in its capacity as auditor of an authorised payment institution or of a person with close links to an authorised payment institution; and b which relate to payment services provided by that institution. 4 the circumstances are that - a the auditor reasonably believes that - i there is or has been, or may be or may have been, a contravention of any requirement imposed on the authorised payment institution by or under these regulations; and ii the contravention may be of material significance to the fca in determining whether to exercise, in relation to that institution, any functions conferred on the fca by these regulations; b the auditor reasonably believes that the information on, or his opinion on, those matters may be of material significance to the fca in determining whether the institution meets or will continue to meet the conditions set out in regulation 6(4) to (9) (conditions for authorisation) and, if applicable, the requirement in regulation 22(1) (capital requirements) to maintain own funds; c the auditor reasonably believes that the institution is not, may not be or may cease to be, a going concern; d the auditor is precluded from stating in his report that the annual accounts have been properly prepared in accordance with the companies act 2006; e the auditor is precluded from stating in his report, where applicable, that the annual accounts give a true and fair view of the matters referred to in section 495 of the companies act 2006 (auditor's report on company's annual accounts) including as it is applied and modified by regulation 39 of the limited liability partnerships (accounts and audit) (application of companies act 2006) regulations 2008 ("the llp regulations") (auditor's report) ; or f the auditor is required to state in his report in relation to the person concerned any of the facts referred to in subsection (2), (3) or (5) of section 498 of the companies act 2006 (duties of auditor) or, in the case of limited liability partnerships, subsection (2), (3) or (4) of section 498 as applied and modified by regulation 40 of the llp regulations (duties and rights of auditors). 5 in this regulation a person has close links with an authorised payment institution ("a") if that person is - a a parent undertaking of a; b a subsidiary undertaking of a; c a parent undertaking of a subsidiary undertaking of a; or d a subsidiary undertaking of a parent undertaking of a. outsourcing 25 1 an authorised payment institution must notify the fca of its intention to enter into a contract with another person under which that other person will carry out any operational function relating to its provision of payment services ("outsourcing"). 2 where an authorised payment institution intends to outsource any important operational function, including the provision of an information technology system, all of the following conditions must be met - a the outsourcing is not undertaken in such a way as to impair - i the quality of the authorised payment institution's internal control; or ii the ability of the fca to monitor and retrace the authorised payment institution's compliance with these regulations; b the outsourcing does not result in any delegation by the senior management of the authorised payment institution of responsibility for complying with the requirements imposed by or under these regulations; c the relationship and obligations of the authorised payment institution towards its payment service users under these regulations is not substantially altered; d compliance with the conditions which the authorised payment institution must observe in order to be authorised and remain so is not adversely affected; and e none of the conditions of the payment institution's authorisation requires removal or variation. 3 for the purposes of paragraph (2), an operational function is important if a defect or failure in its performance would materially impair - a compliance by the authorised payment institution with these regulations and any requirements of its authorisation; b the financial performance of the authorised payment institution; or c the soundness or continuity of the authorised payment institution's payment services. 4 an authorised payment institution must notify the fca without undue delay of any change in outsourced functions or the persons to which functions are outsourced. exercise of passport rights application of regulations 27 to 30 to account information service providers 26 regulations 27 to 30 apply in relation to a registered account information service provider as if the provider were an authorised payment institution, and apply in relation to an eea registered account information service provider as if the provider were an eea authorised payment institution. notice of intention 27 1 where an authorised payment institution intends to exercise its passport rights for the first time in an eea state it must give the fca, in such manner as the fca may direct, notice of its intention to do so ("a notice of intention") which - a states the name and address of the authorised payment institution, and any authorisation or reference number; b identifies the eea states in which it intends to operate; c identifies the payment services which it seeks to carry on in those states; d if the authorised payment institution intends to use an agent to provide the services in any of those states, includes the information referred to in regulation 34(3)(a) (use of agents); e if the authorised payment institution intends to use an eea branch to provide the services in any of those states, includes - i the information referred to in paragraphs 2 and 5 of schedule 2 (information to be included in or with an application for authorisation) in relation to the services to be provided through each eea branch; ii the names of those responsible for the management of each proposed eea branch; and iii details of the organisational structure of each proposed eea branch; and f if the authorised payment institution intends to enter into a contract with a person in another eea state under which that person will carry out any operational function relating to its provision of payment services in that eea state, includes notification of that intention. 2 if any of the information provided by an authorised payment institution in a notice of intention changes, including by the addition of a further branch, the authorised payment institution must give the fca notice of such changes in a further notice of intention. 3 the fca must, within one month beginning with the date on which it receives a complete notice of intention, inform the host state competent authority of the information contained in the notice of intention. decision following notice of intention 28 1 if the fca, taking into account any information received from the host state competent authority, proposes to determine that an authorised payment institution is not permitted to exercise passport rights in an eea state as notified in a notice of intention, the fca must give the relevant authorised payment institution a warning notice. 2 the fca must, within the period of three months beginning with the date on which it receives a notice of intention and having considered any representations made in response to the warning notice - a if it decides - i that the authorised payment institution is not permitted to exercise passport rights in the eea state, not to register an eea branch, or to cancel the registration an eea branch, give the authorised payment institution a decision notice; or ii that the authorised payment institution is permitted to exercise passport rights in the eea state, to register an eea branch, or not to cancel the registration of an eea branch, give the authorised payment institution notice of its decision; and b notify the host state competent authority of its decision, providing reasons for that decision if the fca does not agree with the assessment of the host state competent authority. 3 if the fca decides that the authorised payment institution is not permitted to exercise passport rights in the eea state, not to register an eea branch, or to cancel the registration of an eea branch, the authorised payment institution may refer the matter to the upper tribunal. 4 if the fca decides to register an eea branch, it must update the register as soon as practicable. 5 if the fca decides to cancel the registration of an eea branch, the fca must, where the period for a reference to the upper tribunal has expired without a reference being made, as soon as practicable update the register accordingly. 6 the authorised payment institution may commence activities as notified in its notice of intention only after the fca has notified the institution of its decision under paragraph (2)(a)(ii) and, in the case of services to be provided through an eea branch, after entry of the branch on the register. 7 after registration, the authorised payment institution must notify the fca of the date on which it starts to provide payment services in the other eea state through the eea branch, and the fca must notify such date to the host state competent authority. notice of intention from an eea authorised payment institution 29 1 if a home state competent authority sends information to the fca about an eea authorised payment institution which intends to provide payment services in the united kingdom, the fca must, before the end of the period of one month beginning on the day which the fca receives all the required information - a assess the information; and b provide relevant information to the home state competent authority in connection with the intended provision of payment services in the united kingdom, including in particular any reasonable grounds for concern with regard to money laundering or terrorist financing within the meaning of the money laundering directive in connection with the intended appointment of an agent or establishment of a branch in the united kingdom. 2 the eea authorised payment institution may provide payment services in the united kingdom in accordance with the information it has provided to the home state competent authority upon entry of the branch or agent in the register maintained by the home state competent authority. supervision of firms exercising passport rights 30 1 without prejudice to the generality of regulation 147 (duty to co-operate and exchange of information), the fca must co-operate with the host state competent authority or home state competent authority, as the case may be, in relation to the exercise of passport rights by any authorised payment institution or eea authorised payment institution. 2 the fca must, in particular - a notify the host state competent authority whenever it intends to carry out an on-site inspection in the host state competent authority's territory; and b provide the host state competent authority or home state competent authority, as the case may be - i on request, with all relevant information; and ii on its own initiative, with all essential information, including on compliance with the conditions at regulation 6(4) and (5) (conditions for authorisation), relating to the exercise of passport rights by an authorised payment institution or eea authorised payment institution, including where there is an infringement or suspected infringement of these regulations or of the provisions of the payment services directive by an agent or branch. 3 where the fca and the home state competent authority agree, the fca may carry out on-site inspections on behalf of the home state competent authority in respect of payment services provided by an eea authorised payment institution exercising its passport rights. 4 the fca may direct that an eea authorised payment institution exercising its passport rights to provide payment services in the united kingdom through a branch or an agent in the united kingdom must report to the fca on such activities, for information and statistical purposes and, where the eea authorised payment institution has exercised its right of establishment in the united kingdom, to monitor compliance with parts 6 (information requirements for payment services) and 7 (rights and obligations in relation to the provision of payment services) of these regulations. 5 reports required under paragraph (4) must be given at such times and in such form, and verified in such manner, as the fca may direct. 6 an agent in the united kingdom appointed by an eea authorised payment institution or a branch of an eea authorised payment institution in the united kingdom must maintain the confidentiality of any confidential information provided to the fca under paragraph (4). 7 the fca may direct that an eea authorised payment institution exercising its passport rights to provide payment services in the united kingdom through an agent under the right of establishment must appoint a central contact point in the united kingdom in order to ensure adequate communication and information reporting on compliance with parts 6 and 7 and to facilitate supervision by the fca and the home state competent authority. 8 if a host state competent authority informs the fca that an authorised payment institution providing services through an eea branch or an eea agent does not comply with a provision of the payment services directive, the fca must - a exercise its powers as appropriate without undue delay, to ensure that the authorised payment institution complies with the relevant provisions; and b inform the host state competent authority and the competent authority of any other relevant eea state of the measures taken without delay. 9 where immediate action is necessary to address a serious risk to the collective interests of payment service users in the united kingdom, the fca may, in addition to providing information under paragraph (2), take precautionary measures in relation to an eea authorised payment institution pending action by the home state competent authority. 10 any measures taken under paragraph (9) must be temporary and must end when the risk identified has been addressed. 11 if the fca decides to take measures under paragraph (9), it must inform the home state competent authority, the competent authority of any other relevant eea state, and the european banking authority of the measures to be taken and the reason that immediate action is necessary - a in advance of taking the measures, if that is compatible with the need for immediate action; and b in any event without undue delay. 12 in paragraphs (8)(b) and (11) "competent authority of any other relevant eea state" means a competent authority designated in accordance with article 22 of the payment services directive in an eea state which the fca considers to have an interest in the measures taken, or to be taken, by the fca. part 4 provisions applicable to authorised payment institutions and small payment institutions record keeping 31 1 an authorised payment institution or small payment institution must maintain relevant records and keep them for at least five years from the date on which the record was created. 2 for the purposes of paragraph (1), records are relevant where they relate to compliance with obligations imposed by or under parts 2 to 5 and, in particular, would enable the fca to supervise effectively such compliance. additional activities 32 1 authorised payment institutions and small payment institutions may, in addition to providing payment services, engage in the following activities - a the provision of operational and closely related ancillary services, including - i ensuring the execution of payment transactions; ii foreign exchange services; iii safe-keeping activities; and iv the storage and processing of data; b the operation of payment systems; and c business activities other than the provision of payment services, subject to any relevant provision of eu or national law. 2 authorised payment institutions and small payment institutions may grant credit in relation to the provision of the payment services specified in paragraph 1(d) or (e) of schedule 1 (execution of payment transactions where funds are covered by a credit line, issuing payment instruments or acquiring payment transactions) only if - a such credit is ancillary and granted exclusively in connection with the execution of a payment transaction; b such credit is not granted from the funds received or held for the purposes of executing payment transactions; c in cases where such credit is granted by an authorised payment institution exercising its passport rights, there is an obligation upon the payment service user to repay the credit within a period not exceeding 12 months; and d in relation to an authorised payment institution, in the opinion of the fca the institution's own funds are, and continue to be, adequate in the light of the overall amount of credit granted. payment accounts and sums received for the execution of payment transactions 33 any payment account held by an authorised payment institution or a small payment institution must be used only in relation to payment transactions. use of agents 34 1 authorised payment institutions and small payment institutions may not provide payment services in the united kingdom through an agent unless the agent is included on the register. 2 authorised payment institutions may not provide payment services in exercise of their passport rights through an eea agent unless the agent is included in the register. 3 an application for an agent to be included on the register must - a contain, or be accompanied by, the following information - i the name and address of the agent; ii where relevant, a description of the internal control mechanisms that will be used by the agent to comply with the provisions of the money laundering directive (or, in the united kingdom, the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 ); iii the identity of the directors and persons responsible for the management of the agent and, if the agent is not a payment service provider, evidence that they are fit and proper persons; iv the payment services for which the agent is appointed; v the unique identification code or number of the agent, if any; and vi such other information as the fca may reasonably require; and b be made in such manner as the fca may direct. 4 different directions may be given, and different requirements imposed, in relation to different applications or categories of application. 5 at any time after receiving an application and before determining it, the fca may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application. 6 where the application relates to the provision of payment services in exercise of passport rights through an eea agent, the fca must, within one month beginning with the date on which it received the completed application, inform the host state competent authority of the information provided under paragraph (3) or (5). 7 the fca may refuse to include the agent on the register only if - a it has not received the information referred to in paragraph (3)(a), or is not satisfied that such information is correct; b it is not satisfied that the directors and persons responsible for the management of the agent are fit and proper persons; c it has reasonable grounds to suspect that, in connection with the provision of services through the agent - i money laundering or terrorist financing within the meaning of the money laundering directive (or, in the united kingdom, the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017) is taking place, has taken place, or has been attempted; or ii the risk of such activities taking place would be increased. 8 if the fca proposes to refuse to include the agent on the register, it must give the authorised payment institution or the small payment institution, as the case may be, a warning notice. 9 the fca must, having considered any representations made in response to the warning notice - a if it decides not to include the agent on the register, give the applicant a decision notice; or b if it decides to include the agent on the register, give the applicant notice of its decision, stating the date on which the registration takes effect. 10 where the application relates to the provision of payment services in exercise of passport rights through an eea agent, the fca must - a take into account any information received from the host state competent authority in making its decision; and b notify the host state competent authority of its decision, providing reasons for that decision if the fca does not agree with the assessment of the host state competent authority. 11 the fca must give any notice required by paragraph (9) or (10) - a where the application relates to the provision of payment services in the united kingdom, within a period of two months beginning on the date on which the fca received the completed application; b where the application relates to the provision of payment services in the exercise of passport rights through an eea agent, within a period of three months beginning on the date on which the fca received the completed application. 12 if the fca decides not to include the agent on the register the applicant may refer the matter to the upper tribunal. 13 if the fca decides to include the agent on the register, it must update the register as soon as practicable. 14 an authorised payment institution must notify the fca of the date on which it starts to provide payment services in another eea state through a registered eea agent, and the fca must notify such date to the host state competent authority. 15 an application under paragraph (3) may be combined with an application under regulation 5 or 13, in which case the application must be determined in the manner set out in regulation 9 (determination of application for authorisation) (if relevant, as applied by regulation 15 (supplementary provisions relating to applications for registration as a small payment institution). 16 an authorised payment institution or a small payment institution must ensure that agents acting on its behalf inform payment service users of the agency arrangement. 17 an authorised payment institution or small payment institution must notify the fca without undue delay if there is any change in the information provided under paragraph (3) or (5). removal of agent from register 35 1 the fca may remove an agent of an authorised payment institution or small payment institution from the register where - a the authorised payment institution or small payment institution requests, or consents to, the agent's removal from the register; b the authorised payment institution or small payment institution has obtained registration through false statements or any other irregular means; c regulation 34(7)(b) or (c) (use of agents) applies; d the removal is desirable in order to protect the interests of consumers; or e the agent's provision of payment services is otherwise unlawful. 2 where the fca proposes to remove an agent from the register, other than at the request of the authorised payment institution or small payment institution, it must give the authorised payment institution or small payment institution a warning notice. 3 the fca must, having considered any representations made in response to the warning notice - a if it decides to remove the agent, give the authorised payment institution or small payment institution a decision notice; or b if it decides not to remove the agent, give the authorised payment institution or small payment institution notice of its decision. 4 if the fca decides to remove the agent, other than at the request of the authorised payment institution or small payment institution, the institution concerned may refer the matter to the upper tribunal. 5 where the period for a reference to the upper tribunal has expired without a reference being made, the fca must as soon as practicable update the register accordingly. reliance 36 1 where an authorised payment institution or a small payment institution relies on a third party for the performance of operational functions it must take all reasonable steps to ensure that these regulations are complied with. 2 without prejudice to paragraph (1), an authorised payment institution or a small payment institution is responsible, to the same extent as if it had expressly permitted it, for anything done or omitted by any of its employees, any agent or branch providing payment services on its behalf, or any entity to which activities are outsourced. duty to notify change in circumstance 37 1 where it becomes apparent to an authorised payment institution or a small payment institution that there is, or is likely to be, a significant change in circumstances which is relevant to - a in the case of an authorised payment institution - i its fulfilment of any of the conditions set out in regulation 6(4) to (9) (conditions for authorisation) and, if applicable, the requirement in regulation 22(1) (capital requirements) to maintain own funds; ii the payment services which it seeks to carry on in exercise of its passport rights; b in the case of a small payment institution, its fulfilment of any of the conditions set out in regulation 14(5) to (11) (conditions for registration as a small payment institution) and compliance with the financial limit referred to in regulation 8 (as modified by regulation 15) (variation of registration at request of small payment institution); and c in the case of the use of an agent to provide payment services, the matters referred to in regulation 34(7)(b) and (c) (use of agents), it must provide the fca with details of the change without undue delay, or, in the case of a substantial change in circumstances which has not yet taken place, details of the likely change a reasonable period before it takes place. 2 any information to be provided to the fca under this regulation must be in such form or verified in such manner as it may direct. part 5 requirements for providers of certain services which are not payment services notification of use of limited network exclusion 38 1 if a person ("service provider") provides services of the type falling within paragraph 2(k)(i) to (iii) of schedule 1 (limited network exclusion) and the total value of the payment transactions executed through such services provided by the service provider in any period of 12 months exceeds 1 million euros, the service provider must notify the fca. 2 the period of 12 months referred to in paragraph (1) does not include any period in respect of which a notification has already been made under paragraph (1). 3 a notification under paragraph (1) must - a include a description of the services offered; and b specify the exclusion by virtue of which the services are not payment services. 4 notifications and information provided to the fca under this regulation must be given - a within such time as the fca may direct after the end of the period of 12 months referred to in paragraph (1); and b in such form or verified in such manner as the fca may direct, and different directions may be given in relation to different notifications or information or categories of notification or information. 5 when the fca receives a notification under this regulation, the fca must assess whether the notified services fall within paragraph 2(k)(i) to (iii) of schedule 1. 6 if the fca considers that any part of the notified services does not fall within paragraph 2(k)(i) to (iii) of schedule 1 - a the fca must notify the service provider, and b the service provider may refer the matter to the upper tribunal. notification of use of electronic communications exclusion 39 1 if a person ("service provider") provides, or intends to provide, a service for payment transactions falling within paragraph 2(l) of schedule 1 (electronic communications exclusion), the service provider must - a notify the fca, and b include with such notification a description of the service. 2 the service provider must provide a notification under paragraph (1) - a if the service provider starts to provide the service before 13th january 2018, on or before that date, or b otherwise, before the service provider starts to provide the service. 3 the service provider must also provide to the fca, at such times as the fca may direct, an annual audit opinion testifying that the transactions for which the service is provided comply with the limits mentioned in paragraph 2(l) of schedule 1. 4 information provided to the fca under this regulation must be in such form or verified in such manner as the fca may direct. 5 different directions may be given under paragraph (3) and (4) in relation to different service providers or different categories of service provider. part 6 information requirements for payment services application application of part 6 40 1 this part applies to payment services where - a the services are provided from an establishment maintained by a payment service provider or its agent in the united kingdom; and b the services are provided in one of the following circumstances - i the payment service providers of both the payer and the payee are located within the eea and the service relates to a transaction in the currency of an eea state; ii the payment service providers of both the payer and the payee are located within the eea and the service relates to a transaction in a currency other than the currency of an eea state; or iii the payment service provider of either the payer or the payee, but not both, is located within the eea. 2 in the circumstances mentioned at paragraph (1)(b)(ii) - a this part applies only in respect of those parts of a transaction which are carried out in the eea; and b regulations 43(2)(b) and 52(a) and paragraph 2(e) of schedule 4 (maximum execution time) do not apply. 3 in the circumstances mentioned at paragraph (1)(b)(iii) - a this part applies only in respect of those parts of a transaction which are carried out in the eea; and b regulations 43(2)(b) and 52(a) and paragraphs 2(e) and 5(g) of schedule 4 (maximum execution time and conditions for refund of direct debits) do not apply. 4 this part does not apply to registered account information service providers or eea registered account information service providers, except for regulations 59 (burden of proof on payment service provider) and 60 (information requirements for account information service providers). 5 regulations 43 to 47 apply to payment services provided under a single payment service contract. 6 regulations 48 to 54 apply to payment services provided under a framework contract. 7 if the payment service user is not a consumer, a micro-enterprise or a charity, the parties to a contract for payment services may agree that any or all of the provisions of this part do not apply. 8 paragraph (1) applies to cash withdrawal services falling within paragraph 2(o) of schedule 1 as if - a references to payment services were references to cash withdrawal services falling within paragraph 2(o) of schedule 1; b references to payment service providers were references to providers of cash withdrawal services falling within paragraph 2(o) of schedule 1; and c references to this part were references to regulation 61 (information on atm withdrawal charges). application of this part in the case of consumer credit agreements 41 1 this regulation applies where a payment service is provided in relation to payment transactions that consist of the placing, transferring or withdrawal of funds covered by a credit line provided under a regulated agreement. 2 regulations 50 (changes in contractual information) and 51 (termination of framework contract) do not apply. 3 where a payment service provider is required to provide the same information to a payment service user by a provision in this part and by a provision in the consumer credit act 1974 or subordinate legislation made under that act ("a cca provision"), information which has been provided in compliance with the cca provision, and which was provided in a manner which complies with the requirements of the provision in this part, need not be provided again in order to comply with the provision in this part. disapplication of certain regulations in the case of low-value payment instruments 42 1 this regulation applies in respect of payment instruments which, under the framework contract governing their use - a can be used only to execute individual payment transactions of 30 euros or less, or in relation to payment transactions executed wholly within the united kingdom, 60 euros or less; b have a spending limit of 150 euros or, where payment transactions must be executed wholly within the united kingdom, 300 euros; or c store funds that do not exceed 500 euros at any time. 2 where this regulation applies - a regulations 48 and 52 do not apply and the payment service provider is only required to provide the payer with information about the main characteristics of the payment service, including - i the way in which the payment instrument can be used; ii the liability of the payer, as set out in regulation 77 (payer or payee's liability for unauthorised payment transactions); iii charges levied; iv any other material information the payer might need to take an informed decision; and v an indication of where the information specified in schedule 4 (prior general information for framework contracts) is made available in an easily accessible manner; b the parties may agree that regulations 53 and 54 do not apply and instead - i the payment service provider must provide or make available a reference enabling the payment service user to identify the payment transaction, the amount of the payment transaction and any charges payable in respect of the payment transaction; ii in the case of several payment transactions of the same kind made to the same payee, the payment service provider must provide or make available to the payment service user information about the total amount of the payment transactions and any charges for those payment transactions; or iii where the payment instrument is used anonymously or the payment service provider is not otherwise technically able to provide or make available the information specified in paragraph (i) or (ii), the payment service provider must enable the payer to verify the amount of funds stored; and c the parties may agree that regulation 55(1) does not apply to information provided or made available in accordance with regulation 50. single payment service contracts information required prior to the conclusion of a single payment service contract 43 1 a payment service provider must provide or make available to the payment service user the information specified in paragraph (2) in relation to the service, whether by supplying a copy of the draft single payment service contract or supplying a copy of the draft payment order or otherwise, either - a before the payment service user is bound by the single payment service contract; or b immediately after the execution of the payment transaction, where the contract is concluded at the payment service user's request using a means of distance communication which does not enable provision of such information in accordance with sub-paragraph (a). 2 the information referred to in paragraph (1) is - a the information or unique identifier that has to be provided by the payment service user in order for a payment order to be properly initiated or executed; b the maximum time in which the payment service will be executed; c the charges payable by the payment service user to the user's payment service provider and, where applicable, a breakdown of such charges; d where applicable, the actual or reference exchange rate to be applied to the payment transaction; and e such of the information specified in schedule 4 (prior general information for framework contracts) as is relevant to the single payment service contract in question. 3 where a payment order is to be initiated through a payment initiation service provider, the payment initiation service provider must also provide or make available to the payer, before the payment is initiated, clear and comprehensive information as follows - a the name of the payment initiation service provider; b the address of the head office of the payment initiation service provider; c where applicable, the address of the head office of the agent or branch through which the payment initiation service provider provides services in the united kingdom; d other contact details relevant for communication with the payment initiation service provider, including an electronic mail address; and e the contact details of the fca. information required after the initiation of a payment order 44 1 where a payment order is initiated through a payment initiation service provider, immediately after the initiation of the payment order the payment initiation service provider must provide or make available to the payer and, where applicable, to the payee - a confirmation of the successful initiation of the payment order with the payer's account servicing payment service provider; b a reference enabling the payer and the payee, to identify the payment transaction and, where appropriate, the payee to identify the payer, and any information transferred with the payment order; c the amount of the payment transaction; d where applicable, the amount of any charges payable to the payment initiation service provider in relation to the payment transaction, and where applicable a breakdown of the amounts of such charges. 2 where a payment order is initiated through a payment initiation service provider, the payment initiation service provider must provide or make available to the payer's account servicing payment service provider the reference for the payment transaction. information required after receipt of the payment order 45 1 the payer's payment service provider must, immediately after receipt of the payment order, provide or make available to the payer the information specified in paragraph (2) in relation to the service to be provided by the payer's payment service provider. 2 the information referred to in paragraph (1) is - a a reference enabling the payer to identify the payment transaction and, where appropriate, information relating to the payee; b the amount of the payment transaction in the currency used in the payment order; c the amount of any charges for the payment transaction payable by the payer and, where applicable, a breakdown of the amounts of such charges; d where an exchange rate is used in the payment transaction and the actual rate used in the payment transaction differs from the rate provided in accordance with regulation 43(2)(d), the actual rate used or a reference to it, and the amount of the payment transaction after that currency conversion; and e the date on which the payment service provider received the payment order. information for the payee after execution 46 1 the payee's payment service provider must, immediately after the execution of the payment transaction, provide or make available to the payee the information specified in paragraph (2) in relation to the service provided by the payee's payment service provider. 2 the information referred to in paragraph (1) is - a a reference enabling the payee to identify the payment transaction and, where appropriate, the payer and any information transferred with the payment transaction; b the amount of the payment transaction in the currency in which the funds are at the payee's disposal; c the amount of any charges for the payment transaction payable by the payee and, where applicable, a breakdown of the amount of such charges; d where applicable, the exchange rate used in the payment transaction by the payee's payment service provider, and the amount of the payment transaction before that currency conversion; and e the credit value date. avoidance of duplication of information 47 where a payment order for a single payment transaction is transmitted by way of a payment instrument issued under a framework contract, the payment service provider in respect of that single payment transaction need not provide or make available under regulations 43 to 46 information which has been provided or made available, or will be provided or made available, under regulations 48 to 53 by another payment service provider in respect of the framework contract. framework contracts prior general information for framework contracts 48 1 a payment service provider must provide to the payment service user the information specified in schedule 4 (prior general information for framework contracts), either - a in good time before the payment service user is bound by the framework contract; or b where the contract is concluded at the payment service user's request using a means of distance communication which does not enable provision of such information in accordance with sub-paragraph (a), immediately after the conclusion of the contract. 2 the payment service provider may discharge the duty under paragraph (1) by providing a copy of the draft framework contract provided that such contract includes the information specified in schedule 4 (prior general information for framework contracts). information during period of contract 49 if the payment service user so requests at any time during the contractual relationship, the payment service provider must provide the information specified in schedule 4 (prior general information for framework contracts) and the terms of the framework contract. changes in contractual information 50 1 subject to paragraph (4), any proposed changes to - a the existing terms of the framework contract; or b the information specified in schedule 4 (prior general information for framework contracts), must be provided by the payment service provider to the payment service user no later than two months before the date on which they are to take effect. 2 the framework contract may provide for any such proposed changes to be made unilaterally by the payment service provider where the payment service user does not, before the proposed date of entry into force of the changes, notify the payment service provider to the contrary. 3 where paragraph (2) applies, the payment service provider must inform the payment service user that a the payment service user will be deemed to have accepted the changes in the circumstances referred to in that paragraph; and b the payment service user has the right to terminate the framework contract without charge at any time before the proposed date of their entry into force. 4 changes in the interest or exchange rates may be applied immediately and without notice where - a such a right is agreed under the framework contract and any such changes in interest or exchange rates are based on the reference interest or exchange rates information which has been provided to the payment service user in accordance with this part; or b the changes are more favourable to the payment service user. 5 the payment service provider must inform the payment service user of any change to the interest rate as soon as possible unless the parties have agreed on a specific frequency or manner in which the information is to be provided or made available. 6 any change in the interest or exchange rate used in payment transactions must be implemented and calculated in a neutral manner that does not discriminate against payment service users. termination of framework contract 51 1 the payment service user may terminate the framework contract at any time unless the parties have agreed on a period of notice not exceeding one month. 2 any charges for the termination of the contract must reasonably correspond to the actual costs to the payment service provider of termination. 3 the payment service provider may not charge the payment service user for the termination of a framework contract after the expiry of 6 months of the contract. 4 the payment service provider may terminate a framework contract concluded for an indefinite period by giving at least two months' notice, if the contract so provides. 5 notice of termination given in accordance with paragraph (4) must be provided in the same way as information is required by regulation 55(1) (communication of information) to be provided or made available. 6 where charges for the payment service are levied on a regular basis, such charges must be apportioned up until the time of the termination of the contract and any charges paid in advance must be reimbursed proportionally. 7 this regulation does not affect any right of a party to the framework contract to treat it, in accordance with the general law of contract, as unenforceable, void or discharged. information prior to execution of individual payment transaction 52 where an individual payment transaction under a framework contract is initiated by the payer, at the payer's request the payer's payment service provider must inform the payer of - a the maximum execution time; b the charges payable by the payer in respect of the payment transaction; and c where applicable, a breakdown of the amounts of such charges. information for the payer on individual payment transactions 53 1 the payer's payment service provider under a framework contract must provide to the payer the information specified in paragraph (2) in respect of each payment transaction on paper or on another durable medium at least once per month free of charge. 2 the information is - a a reference enabling the payer to identify the payment transaction and, where appropriate, information relating to the payee; b the amount of the payment transaction in the currency in which the payer's payment account is debited or in the currency used for the payment order; c the amount of any charges for the payment transaction and, where applicable, a breakdown of the amounts of such charges, or the interest payable by the payer; d where applicable, the exchange rate used in the payment transaction by the payer's payment service provider and the amount of the payment transaction after that currency conversion; and e the debit value date or the date of receipt of the payment order. 3 a framework contract may include a condition that the payer may require the information specified in paragraph (2) be provided or made available periodically at least once a month, free of charge and in an agreed manner which enables the payer to store and reproduce the information unchanged. 4 paragraph (1) does not require a payment service provider to provide information where - a the information has been, or is to be, provided or made available as required by the payer under a condition of the type referred to in paragraph (3); or b more than one month has passed since information was last provided, but there are no payment transactions in respect of which the payment service provider has not previously provided or made available information in accordance with paragraph (1) or as required by the payer under a condition of the type referred to in paragraph (3). information for the payee on individual payment transactions 54 1 the payee's payment service provider under a framework contract must provide to the payee the information specified in paragraph (2) in respect of each payment transaction on paper or on another durable medium at least once per month free of charge. 2 the information is - a a reference enabling the payee to identify the payment transaction and the payer, and any information transferred with the payment transaction; b the amount of the payment transaction in the currency in which the payee's payment account is credited; c the amount of any charges for the payment transaction and, where applicable, a breakdown of the amounts of such charges, or the interest payable by the payee; d where applicable, the exchange rate used in the payment transaction by the payee's payment service provider, and the amount of the payment transaction before that currency conversion; and e the credit value date. 3 a framework contract may include a condition that the information specified in paragraph (2) is to be provided or made available periodically at least once a month and in an agreed manner which enables the payee to store and reproduce the information unchanged. 4 paragraph (1) does not require a payment service provider to provide information where - a the information has been, or is to be, provided or made available in accordance with a condition of the type referred to in paragraph (3); or b more than one month has passed since information was last provided, but there are no payment transactions in respect of which the payment service provider has not previously provided or made available information in accordance with paragraph (1) or in accordance with a condition of the type referred to in paragraph (3). common provisions communication of information 55 1 subject to regulation 42(2)(c) (disapplication of certain regulations in the case of low-value payment transactions), any information provided or made available in accordance with this part must be provided or made available - a in the case of single payment service contracts, in an easily accessible manner; b subject to paragraph (2), on paper or on another durable medium; c in easily understandable language and in a clear and comprehensible form; and d in english or in the language agreed by the parties. 2 paragraph (1)(b) - a in the case of single payment service contracts, only applies where the payment service user so requests; and b in the case of framework contracts, is subject to any agreement in accordance with regulation 53(3) or 54(3) (information for the payer or payee on individual payment transactions) as to the manner in which information is to be provided or made available. charges for information 56 1 a payment service provider may not charge for providing or making available information which is required to be provided or made available by this part. 2 the payment service provider and the payment service user may agree on charges for any information which is provided at the request of the payment service user where such information is - a additional to the information required to be provided or made available by this part; b provided more frequently than is specified in this part; or c transmitted by means of communication other than those specified in the framework contract. 3 any charges imposed under paragraph (2) must reasonably correspond to the payment service provider's actual costs. currency and currency conversion 57 1 payment transactions must be executed in the currency agreed between the parties. 2 where a currency conversion service is offered before the initiation of the payment transaction - a at an automatic teller machine or the point of sale; or b by the payee, the party offering the currency conversion service to the payer must disclose to the payer all charges as well as the exchange rate to be used for converting the payment transaction. information on additional charges or reductions 58 1 the payee must inform the payer of any charge requested or reduction offered by the payee for the use of a particular payment instrument before the initiation of the payment transaction. 2 the payment service provider, or any relevant other party involved in the transaction, must inform the payment service user of any charge requested by the payment service provider or other party, as the case may be, for the use of a particular payment instrument before the initiation of the payment transaction. 3 a payer or payment service user is not obliged to pay a charge of the type referred to in paragraph (1) or (2) if the payer or payment service user was not informed of the full amount of the charge in accordance with the relevant paragraph. burden of proof on payment service provider 59 where a payment service provider is alleged to have failed to provide information in accordance with this part, it is for the payment service provider to prove that it provided the information in accordance with this part. other information requirements information requirements for account information service providers 60 1 a registered account information service provider or eea registered account information service provider must provide to the payment service user - a such information specified in schedule 4 (prior general information for framework contracts) as is relevant to the service provided; b all charges payable by the payment service user to the account information service provider and, where applicable, a breakdown of those charges. information on atm withdrawal charges 61 a provider of cash withdrawal services falling within paragraph 2(o) of schedule 1 must ensure that a customer using such services is provided with information on withdrawal charges falling within regulations 43 (information required prior to the conclusion of a single payment service contract), 45 (information required after receipt of the payment order), 46 (information for the payee after execution) and 57 (currency and currency conversion), before the withdrawal and on receipt of the cash. provision of information leaflet 62 1 a payment service provider must make available free of charge in an easily accessible manner the document produced by the european commission under article 106 of the payment services directive - a in electronic form on its website (if any); b in paper form at any branches and through any agent it uses or any entity to which activities are outsourced. 2 the fca must make the document available in an easily accessible manner on its website. 3 payment service providers and the fca must also make the information contained in the document available by alternative means or in alternative formats so as to be accessible to persons with disabilities. part 7 rights and obligations in relation to the provision of payment services application application of part 7 63 1 this part applies to payment services where - a the services are provided from an establishment maintained by a payment service provider or its agent in the united kingdom; and b the services are provided in one of the following circumstances - i the payment service providers of both the payer and the payee are located within the eea and the service relates to a transaction in the currency of an eea state; ii the payment service providers of both the payer and the payee are located within the eea and the service relates to a transaction in a currency other than the currency of an eea state; or iii the payment service provider of either the payer or the payee, but not both, is located within the eea. 2 in the circumstances mentioned at paragraph (1)(b)(ii) - a this part applies only in respect of those parts of a transaction which are carried out in the eea; and b regulations 84 to 88 (amounts transferred and received and execution time) do not apply. 3 in the circumstances mentioned at paragraph (1)(b)(iii) - a this part applies only in respect of those parts of a transaction which are carried out in the eea; and b regulations 66(2) (responsibility for charges), 79 (refunds for direct debits), 80 (requests for direct debit refunds), 84 (amounts transferred and received), 86(1) to (3) (execution time for transactions to a payment account), 91 (defective execution of payer-initiated transactions), 92 (defective execution of payee-initiated transactions), 94 (liability for charges and interest) and 95 (right of recourse) do not apply. 4 this part does not apply to registered account information service providers or eea registered account information service providers, except for regulations 70 (access to payment accounts for account information services), 71(7) to (10) (denial of access to payment accounts), 72(3) (payment service user's obligation to keep personalised security credentials safe) and 98 to 100 (risk management, incident reporting, authentication and dispute resolution). 5 where the payment service user is not a consumer, a micro-enterprise or a charity, the payment service user and the payment service provider may agree that - a any or all of regulations 66(1) (charges), 67(3) and (4) (withdrawal of consent), 75 (evidence on authentication and execution), 77 (payer or payee's liability for unauthorised transactions), 79 (refunds for direct debits), 80 (requests for direct debit refunds), 83 (revocation of a payment order), 91 (defective execution of payer-initiated transactions), 92 (defective execution of payee-initiated transactions) and 94 (liability for charges and interest) do not apply; b a different time period applies for the purposes of regulation 74(1) (notification of unauthorised or incorrectly executed payment transactions). application of this part in the case of consumer credit agreements 64 1 this regulation applies where a payment service is provided in relation to payment transactions that consist of the placing, transferring or withdrawal of funds covered by a credit line provided under a regulated agreement. 2 regulation 71(2) to (5) (limits on the use of payment instruments) do not apply where section 98a(4) of the consumer credit act 1974 (termination etc of open-end consumer credit agreements) applies. 3 regulations 76(1) to (4) and 77(1) to (5) (rectification of and liability for unauthorised transactions), and regulation 74 (notification and rectification of unauthorised or incorrectly executed payment transactions) as it applies in relation to regulation 76, do not apply. 4 regulations 76(5) and 77(6) apply as if - a in regulation 76(5), the references to an unauthorised payment transaction were to a payment transaction initiated by use of a credit facility in the circumstances described in section 83(1) of the consumer credit act 1974 (liability for misuse of credit facilities); b the references to complying with regulation 76(1) were to compensating the payer for loss arising as described in section 83(1) of the consumer credit act 1974. disapplication of certain regulations in the case of low value payment instruments 65 1 this regulation applies in respect of payment instruments which, under the framework contract governing their use - a can be used only to execute individual payment transactions of 30 euros or less, or in relation to payment transactions executed wholly within the united kingdom, 60 euros or less; b have a spending limit of 150 euros, or where payment transactions must be executed wholly within the united kingdom, 300 euros; or c store funds that do not exceed 500 euros at any time. 2 where this regulation applies the parties may agree that - a regulations 72(1)(b) (obligation to notify loss or misuse of instrument), 73(1)(c), (d) and (e) (means of notifying loss) and 77(4) (payer not liable for certain losses) do not apply where the payment instrument does not allow for the stopping or prevention of its use; b regulations 75 (evidence on authentication and execution), 76 (payment service provider's liability for unauthorised transactions) and 77(1) and (2) (payer's liability for unauthorised transactions) do not apply where the payment instrument is used anonymously or the payment service provider is not in a position, for other reasons concerning the payment instrument, to prove that a payment transaction was authorised; c despite regulation 82(1) (refusal of payment orders), the payment service provider is not required to notify the payment service user of the refusal of a payment order if the non-execution is apparent from the context; d the payer may not revoke the payment order under regulation 83 after transmitting the payment order or giving their consent to execute the payment transaction to the payee; e execution periods other than those provided by regulations 86 (payment transactions to payment account) and 87 (absence of payment account) apply. 3 subject to paragraph (2)(b), regulations 76 (payment service provider's liability for unauthorised transactions) and 77(1) and (2) (payer's liability for unauthorised transactions) apply to electronic money unless the payer's payment service provider does not have the ability under the contract to - a freeze the payment account on which the electronic money is stored; or b stop the use of the payment instrument. charges charges 66 1 the payment service provider may only charge the payment service user for the fulfilment of any of its obligations under this part - a in accordance with regulation 82(3) (refusal of payment orders), 83(6) (revocation of a payment order) or 90(2)(b) (incorrect unique identifiers); b where agreed between the parties; and c where such charges reasonably correspond to the payment service provider's actual costs. 2 where both the payer's and the payee's payment service providers, or the only payment service provider, in respect of a payment transaction are within the eea, the respective payment service providers must ensure that - a the payee pays any charges levied by the payee's payment service provider; and b the payer pays any charges levied by the payer's payment service provider. 3 the payee's payment service provider may not prevent the payee from - a requesting payment of a charge by the payer for the use of a particular payment instrument; b offering a reduction to the payer for the use of a particular payment instrument; or c otherwise steering the payer towards the use of a particular payment instrument. authorisation of payment transactions consent and withdrawal of consent 67 1 a payment transaction is to be regarded as having been authorised by the payer for the purposes of this part only if the payer has given its consent to - a the execution of the payment transaction; or b the execution of a series of payment transactions of which that payment transaction forms part. 2 such consent - a may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; b must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider; and c may be given via the payee or a payment initiation service provider. 3 the payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 83 (revocation of a payment order). 4 subject to regulation 83(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this part. confirmation of availability of funds for card-based payment transactions 68 1 this regulation does not apply to payment transactions initiated through card-based payment instruments on which electronic money is stored. 2 where the conditions in paragraph (3) are met, a payment service provider which issues card-based payment instruments may request that an account servicing payment service provider confirm whether an amount necessary for the execution of a card-based payment transaction is available on the payment account of the payer. 3 the conditions are that - a the payer has given explicit consent to the payment service provider to request the confirmation; b the payer has initiated a payment transaction for the amount in question using a card-based payment instrument issued by the payment service provider making the request; c the payment service provider making the request complies, for each request, with the authentication and secure communication requirements set out in the regulatory technical standards adopted under article 98 of the payment services directive in its communications with the account servicing payment service provider. 4 if the conditions in paragraph (5) are met, an account servicing payment service provider which receives a request under paragraph (2) must provide the requested confirmation, in the form of a 'yes' or 'no' answer, to the requesting payment service provider immediately. 5 the conditions are that - a the payment account is accessible online when the account servicing payment service provider receives the request; and b before the account servicing payment service provider receives the first request under paragraph (2) from the requesting payment service provider in relation to the payer's payment account, the payer has given the account servicing payment service provider explicit consent to provide confirmation in response to such requests by that payment service provider. 6 if the payer so requests, the account servicing payment service provider must also inform the payer of the payment service provider which made the request under paragraph (2) and the answer provided under paragraph (4). 7 an account servicing payment service provider must not - a include with a confirmation provided under paragraph (4) a statement of the account balance; or b block funds on a payer's payment account as a result of a request under paragraph (2). 8 the payment service provider which makes a request under paragraph (2) must not - a store any confirmation received under paragraph (4); or b use the confirmation received for a purpose other than the execution of the card-based payment transaction for which the request was made. access to payment accounts for payment initiation services 69 1 this regulation applies only in relation to a payment account which is accessible online. 2 where a payer gives explicit consent in accordance with regulation 67 (consent and withdrawal of consent) for a payment to be executed through a payment initiation service provider, the payer's account servicing payment service provider must - a communicate securely with the payment initiation service provider in accordance with the regulatory technical standards adopted under article 98 of the payment services directive; b immediately after receipt of the payment order from the payment initiation service provider, provide or make available to the payment initiation service provider all information on the initiation of the payment transaction and all information accessible to the account servicing payment service provider regarding the execution of the payment transaction; c treat the payment order in the same way as a payment order received directly from the payer, in particular in terms of timing, priority or charges, unless the account servicing payment service provider has objective reasons for treating the payment order differently; d not require the payment initiation service provider to enter into a contract before complying with the preceding sub-paragraphs. 3 a payment initiation service provider must - a not hold a payer's funds in connection with the provision of the payment initiation service at any time; b ensure that a payer's personalised security credentials are - i not accessible to other parties, with the exception of the issuer of the credentials; and ii transmitted through safe and efficient channels; c ensure that any other information about a payer is not provided to any person except a payee, and is provided to the payee only with the payer's explicit consent; d each time it initiates a payment order, identify itself to the account servicing payment service provider and communicate with the account servicing payment service provider, the payer and the payee in a secure way in accordance with the regulatory technical standards adopted under article 98 of the payment services directive; e not store sensitive payment data of the payment service user; f not request any information from a payer except information required to provide the payment initiation service; g not use, access or store any information for any purpose except for the provision of a payment initiation service explicitly requested by a payer; h not change the amount, the payee or any other feature of a transaction notified to it by the payer. access to payment accounts for account information services 70 1 this regulation applies only in relation to a payment account which is accessible online. 2 where a payment service user uses an account information service, the payment service user's account servicing payment service provider must - a communicate securely with the account information service provider in accordance with the regulatory technical standards adopted under article 98 of the payment services directive; b treat a data request from the account information service provider in the same way as a data request received directly from the payer, unless the account servicing payment service provider has objective reasons for treating the request differently; c not require the account information service provider to enter into a contract before complying with the preceding sub-paragraphs. 3 an account information service provider must - a not provide account information services without the payment service user's explicit consent; b ensure that the payment service user's personalised security credentials are - i not accessible to other parties, with the exception of the issuer of the credentials; and ii transmitted through safe and efficient channels; c for each communication session, identify itself to the account servicing payment service provider and communicate securely with the account servicing payment service provider and the payment service user in accordance with the regulatory technical standards adopted under article 98 of the payment services directive; d not access any information other than information from designated payment accounts and associated payment transactions; e not request sensitive payment data linked to the payment accounts accessed; f not use, access or store any information for any purpose except for the provision of the account information service explicitly requested by the payment service user. limits on the use of payment instruments and access to payment accounts 71 1 where a specific payment instrument is used for the purpose of giving consent to the execution of a payment transaction, the payer and its payment service provider may agree on spending limits for any payment transactions executed through that payment instrument. 2 a framework contract may provide for the payment service provider to have the right to stop the use of a payment instrument on reasonable grounds relating to - a the security of the payment instrument; b the suspected unauthorised or fraudulent use of the payment instrument; or c in the case of a payment instrument with a credit line, a significantly increased risk that the payer may be unable to fulfil its liability to pay. 3 the payment service provider must, in the manner agreed between the payment service provider and the payer and before carrying out any measures to stop the use of the payment instrument - a inform the payer that it intends to stop the use of the payment instrument; and b give its reasons for doing so. 4 where the payment service provider is unable to inform the payer in accordance with paragraph (3) before carrying out any measures to stop the use of the payment instrument, it must do so immediately after. 5 paragraphs (3) and (4) do not apply where provision of the information in accordance with paragraph (3) would compromise reasonable security measures or is otherwise unlawful. 6 the payment service provider must allow the use of the payment instrument or replace it with a new payment instrument as soon as practicable after the reasons for stopping its use cease to exist. 7 an account servicing payment service provider may deny an account information service provider or a payment initiation service provider access to a payment account for reasonably justified and duly evidenced reasons relating to unauthorised or fraudulent access to the payment account by that account information service provider or payment initiation service provider, including the unauthorised or fraudulent initiation of a payment transaction. 8 if an account servicing payment service provider denies access to a payment account under paragraph (7) - a the account servicing payment service provider must notify the payment service user of the denial of access and the reason for the denial of access, in the form agreed with the payment service user; b the notification under sub-paragraph (a) must be provided before the denial of access if possible, or otherwise immediately after the denial of access; c the account servicing payment service provider must immediately report the incident to the fca in such form as the fca may direct, and such report must include the details of the case and the reasons for taking action; d the account servicing payment service provider must restore access to the account once the reasons for denying access no longer justify such denial of access. 9 paragraph (8)(a) and (b) do not apply if notifying the payment service user - a would compromise reasonably justified security reasons; or b is unlawful. 10 when the fca receives a report under paragraph (8)(c), it must assess the case and take such measures as it considers appropriate. obligations of the payment service user in relation to payment instruments and personalised security credentials 72 1 a payment service user to whom a payment instrument has been issued must - a use the payment instrument in accordance with the terms and conditions governing its issue and use; and b notify the payment service provider in the agreed manner and without undue delay on becoming aware of the loss, theft, misappropriation or unauthorised use of the payment instrument. 2 paragraph (1)(a) applies only in relation to terms and conditions that are objective, non-discriminatory and proportionate. 3 the payment service user must take all reasonable steps to keep safe personalised security credentials relating to a payment instrument or an account information service. obligations of the payment service provider in relation to payment instruments 73 1 a payment service provider issuing a payment instrument must - a ensure that the personalised security credentials are not accessible to persons other than the payment service user to whom the payment instrument has been issued; b not send an unsolicited payment instrument, except where a payment instrument already issued to a payment service user is to be replaced; c ensure that appropriate means are available at all times to enable the payment service user to notify the payment service provider in accordance with regulation 72(1)(b) (notification of loss or unauthorised use of payment instrument) or to request that, in accordance with regulation 71(6), the use of the payment instrument is no longer stopped; d on request, provide the payment service user at any time during a period of 18 months after the alleged date of notification under regulation 72(1)(b) with the means to prove that such notification to the payment service provider was made; e provide the payment service user with an option to make a notification under regulation 72(1)(b) free of charge, and ensure that any costs charged are directly attributed to the replacement of the payment instrument; f prevent any use of the payment instrument once notification has been made under regulation 72(1)(b). 2 the payment service provider bears the risk of sending to the payment service user a payment instrument or any personalised security credentials relating to it. notification and rectification of unauthorised or incorrectly executed payment transactions 74 1 a payment service user is entitled to redress under regulation 76, 91, 92, 93 or 94 (liability for unauthorised transactions, non-execution or defective or late execution of transactions, or charges and interest), only if it notifies the payment service provider without undue delay, and in any event no later than 13 months after the debit date, on becoming aware of any unauthorised or incorrectly executed payment transaction. 2 where the payment service provider has failed to provide or make available information concerning the payment transaction in accordance with part 6 of these regulations (information requirements for payment services), the payment service user is entitled to redress under the regulations referred to in paragraph (1) notwithstanding that the payment service user has failed to notify the payment service provider as mentioned in that paragraph. evidence on authentication and execution of payment transactions 75 1 where a payment service user - a denies having authorised an executed payment transaction; or b claims that a payment transaction has not been correctly executed, it is for the payment service provider to prove that the payment transaction was authenticated, accurately recorded, entered in the payment service provider's accounts and not affected by a technical breakdown or some other deficiency in the service provided by the payment service provider. 2 if a payment transaction was initiated through a payment initiation service provider, it is for the payment initiation service provider to prove that, within its sphere of competence, the payment transaction was authenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the payment initiation service. 3 where a payment service user denies having authorised an executed payment transaction, the use of a payment instrument recorded by the payment service provider, including a payment initiation service provider where appropriate, is not in itself necessarily sufficient to prove either that - a the payment transaction was authorised by the payer; or b the payer acted fraudulently or failed with intent or gross negligence to comply with regulation 72 (user's obligations in relation to payment instruments and personalised security credentials). 4 if a payment service provider, including a payment initiation service provider where appropriate, claims that a payer acted fraudulently or failed with intent or gross negligence to comply with regulation 72, the payment service provider must provide supporting evidence to the payer. payment service provider's liability for unauthorised payment transactions 76 1 subject to regulations 74 and 75, where an executed payment transaction was not authorised in accordance with regulation 67 (consent and withdrawal of consent), the payment service provider must - a refund the amount of the unauthorised payment transaction to the payer; and b where applicable, restore the debited payment account to the state it would have been in had the unauthorised payment transaction not taken place. 2 the payment service provider must provide a refund under paragraph (1)(a) as soon as practicable, and in any event no later than the end of the business day following the day on which it becomes aware of the unauthorised transaction. 3 paragraph (2) does not apply where the payment service provider has reasonable grounds to suspect fraudulent behaviour by the payment service user and notifies a person mentioned in section 333a(2) of the proceeds of crime act 2002 (tipping off: regulated sector) of those grounds in writing. 4 when crediting a payment account under paragraph (1)(b), a payment service provider must ensure that the credit value date is no later than the date on which the amount of the unauthorised payment transaction was debited. 5 where an unauthorised payment transaction was initiated through a payment initiation service provider - a the account servicing payment service provider must comply with paragraph (1); b if the payment initiation service provider is liable for the unauthorised payment transaction (in relation to which see regulation 75(2)) the payment initiation service provider must, on the request of the account servicing payment service provider, compensate the account servicing payment service provider immediately for the losses incurred or sums paid as a result of complying with paragraph (1), including the amount of the unauthorised transaction. payer or payee's liability for unauthorised payment transactions 77 1 subject to paragraphs (2), (3) and (4), a payment service provider which is liable under regulation 76(1) may require that the payer is liable up to a maximum of 35 for any losses incurred in respect of unauthorised payment transactions arising from the use of a lost or stolen payment instrument, or from the misappropriation of a payment instrument. 2 paragraph (1) does not apply if - a the loss, theft or misappropriation of the payment instrument was not detectable by the payer prior to the payment, except where the payer acted fraudulently; or b the loss was caused by acts or omissions of an employee, agent or branch of a payment service provider or of an entity which carried out activities on behalf of the payment service provider. 3 the payer is liable for all losses incurred in respect of an unauthorised payment transaction where the payer - a has acted fraudulently; or b has with intent or gross negligence failed to comply with regulation 72 (obligations of the payment service user in relation to payment instruments and personalised security credentials). 4 except where the payer has acted fraudulently, the payer is not liable for any losses incurred in respect of an unauthorised payment transaction - a arising after notification under regulation 72(1)(b); b where the payment service provider has failed at any time to provide, in accordance with regulation 73(1)(c) (obligations of the payment service provider in relation to payment instruments), appropriate means for notification; c where regulation 100 (authentication) requires the application of strong customer authentication, but the payer's payment service provider does not require strong customer authentication; or d where the payment instrument has been used in connection with a distance contract (other than an excepted contract). 5 in paragraph (4)(d) - "distance contract" means a distance contract as defined by regulation 5 of the consumer contracts (information, cancellation and additional charges) regulations 2013 (other definitions) ; "excepted contract" means a contract that - falls to any extent within regulation 6(1) of those regulations (limits of application: general); or falls within regulation 6(2) of those regulations. 6 where regulation 100 requires the application of strong customer authentication, but the payee or the payee's payment service provider does not accept strong customer authentication, the payee or the payee's payment service provider, or both (as the case may be), must compensate the payer's payment service provider for the losses incurred or sums paid as a result of complying with regulation 76(1). payment transactions where the transaction amount is not known in advance 78 where a card-based payment transaction is initiated by or through the payee and the amount of the transaction is not known when the payer authorises the transaction - a the payer's payment service provider may not block funds on the payer's payment account unless the payer has authorised the exact amount of the funds to be blocked; and b the payer's payment service provider must release the blocked funds without undue delay after becoming aware of the amount of the payment transaction, and in any event immediately after receipt of the payment order. refunds for payment transactions initiated by or through a payee 79 1 where the conditions in paragraph (2) and the requirement in regulation 80(1) are satisfied, the payer is entitled to a refund from its payment service provider of the full amount of any authorised payment transaction initiated by or through the payee. 2 the conditions are that - a the authorisation did not specify the exact amount of the payment transaction when the authorisation was given in accordance with regulation 67 (consent and withdrawal of consent); and b the amount of the payment transaction exceeded the amount that the payer could reasonably have expected taking into account the payer's previous spending pattern, the conditions of the framework contract and the circumstances of the case. 3 the payer is entitled to an unconditional refund from its payment service provider of the full amount of any direct debit transactions of the type referred to in article 1 of regulation (eu) 260/2012 of the european parliament and of the council of 14th march 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending regulation (ec) no 924/2009 . 4 when crediting a payment account under paragraph (1), a payment service provider must ensure that the credit value date is no later than the date on which the amount of the unauthorised payment transaction was debited. 5 for the purposes of paragraph (2)(b), the payer cannot rely on currency exchange fluctuations where the reference exchange rate provided under regulation 43(2)(d) or paragraph 3(b) of schedule 4 was applied. 6 the payer and payment service provider may agree in the framework contract that the right to a refund does not apply where - a the payer has given consent directly to the payment service provider for the payment transaction to be executed; and b if applicable, information on the payment transaction was provided or made available in an agreed manner to the payer for at least four weeks before the due date by the payment service provider or by the payee. requests for refunds for payment transactions initiated by or through a payee 80 1 the payer must request a refund under regulation 79 from its payment service provider within 8 weeks from the date on which the funds were debited. 2 the payment service provider may require the payer to provide such information as is reasonably necessary to prove that the conditions in regulation 79(2) are satisfied. 3 the payment service provider must either - a refund the full amount of the payment transaction; or b provide justification for refusing to refund the payment transaction, indicating the bodies to which the payer may refer the matter if the payer does not accept the justification provided. 4 any refund or justification for refusing a refund must be provided within 10 business days of receiving a request for a refund or, where applicable, within 10 business days of receiving any further information requested under paragraph (2). 5 if the payment service provider requires further information under paragraph (2), it may not refuse the refund until it has received further information from the payer. execution of payment transactions receipt of payment orders 81 1 a payer's payment service provider must not debit the payment account before receipt of a payment order. 2 subject to paragraphs (3) to (6), for the purposes of these regulations the time of receipt of a payment order is the time at which the payment order is received by the payer's payment service provider. 3 if the time of receipt of a payment order does not fall on a business day for the payer's payment service provider, the payment order is deemed to have been received on the first business day thereafter. 4 the payment service provider may set a time towards the end of a business day after which any payment order received will be deemed to have been received on the following business day. 5 where the payment service user initiating a payment order agrees with its payment service provider that execution of the payment order is to take place - a on a specific day; b on the last day of a certain period; or c on the day on which the payer has put funds at the disposal of its payment service provider, the time of receipt is deemed to be the day so agreed. 6 if the day agreed under paragraph (5) is not a business day for the payer's payment service provider, the payment order is deemed to have been received on the first business day thereafter. refusal of payment orders 82 1 subject to paragraph (4), where a payment service provider refuses to execute a payment order or to initiate a payment transaction, it must notify the payment service user of - a the refusal; b if possible, the reasons for such refusal; and c where it is possible to provide reasons for the refusal and those reasons relate to factual matters, the procedure for rectifying any factual errors that led to the refusal. 2 any notification under paragraph (1) must be given or made available in an agreed manner and at the earliest opportunity, and in any event within the periods specified in regulation 86. 3 the framework contract may provide for the payment service provider to charge the payment service user for such refusal where the refusal is reasonably justified. 4 the payment service provider is not required to notify the payment service user under paragraph (1) where such notification would be otherwise unlawful. 5 where all the conditions set out in the payer's framework contract with the account servicing payment service provider have been satisfied, the account servicing payment service provider may not refuse to execute an authorised payment order irrespective of whether the payment order is initiated by the payer, through a payment initiation service provider, or by or through a payee, unless such execution is otherwise unlawful. 6 for the purposes of regulations 86, 91 and 92 (payment transactions to a payment account and non-execution or defective or late execution of a payment transaction) a payment order of which execution has been refused is deemed not to have been received. revocation of a payment order 83 1 subject to paragraphs (2) to (5), a payment service user may not revoke a payment order after it has been received by the payer's payment service provider. 2 in the case of a payment transaction initiated by a payment initiation service provider, or by or through the payee, the payer may not revoke the payment order after giving consent to the payment initiation service provider to initiate the payment transaction or giving consent to execute the payment transaction to the payee. 3 in the case of a direct debit, the payer may not revoke the payment order after the end of the business day preceding the day agreed for debiting the funds. 4 where a day is agreed under regulation 81(5) (receipt of payment orders), the payment service user may not revoke a payment order after the end of the business day preceding the agreed day. 5 at any time after the time limits for revocation set out in paragraphs (1) to (4), the payment order may only be revoked if the revocation is - a agreed between the payment service user and the relevant payment service provider or providers; and b in the case of a payment transaction initiated by or through the payee, including in the case of a direct debit, also agreed with the payee. 6 a framework contract may provide for the relevant payment service provider to charge for revocation under this regulation. amounts transferred and amounts received 84 1 subject to paragraph (2), the payment service providers of the payer and payee must ensure that the full amount of the payment transaction is transferred and that no charges are deducted from the amount transferred. 2 the payee and its payment service provider may agree for the relevant payment service provider to deduct its charges from the amount transferred before crediting it to the payee provided that the full amount of the payment transaction and the amount of the charges are clearly stated in the information provided to the payee. 3 if charges other than those provided for by paragraph (2) are deducted from the amount transferred - a in the case of a payment transaction initiated by the payer, the payer's payment service provider must ensure that the payee receives the full amount of the payment transaction; b in the case of a payment transaction initiated by the payee, the payee's payment service provider must ensure that the payee receives the full amount of the payment transaction. execution time and value date application of regulations 86 to 88 85 1 regulations 86 to 88 apply to any payment transaction - a in euro; b executed wholly within the united kingdom in sterling; or c involving only one currency conversion between the euro and sterling, provided that - i the currency conversion is carried out in the united kingdom; and ii in the case of cross-border payment transactions, the cross-border transfer takes place in euro. 2 in respect of any other payment transaction, the payment service user may agree with the payment service provider that regulations 86 to 88 (except regulation 86(3)) do not apply. payment transactions to a payment account 86 1 subject to paragraphs (2) and (3), the payer's payment service provider must ensure that the amount of the payment transaction is credited to the payee's payment service provider's account by the end of the business day following the time of receipt of the payment order. 2 where a payment transaction is initiated by way of a paper payment order the reference in paragraph (1) to the end of the business day following the time of receipt of the payment order is to be treated as a reference to the end of the second business day following the time of receipt of the payment order. 3 where a payment transaction - a does not fall within paragraphs (a) to (c) of regulation 85(1); but b is to be executed wholly within the eea, the payer's payment service provider must ensure that the amount of the payment transaction is credited to the payee's payment service provider's account by the end of the fourth business day following the time of receipt of the payment order. 4 the payee's payment service provider must value date and credit the amount of the payment transaction to the payee's payment account following its receipt of the funds. 5 the payee's payment service provider must transmit a payment order initiated by or through the payee to the payer's payment service provider within the time limits agreed between the payee and its payment service provider, enabling settlement in respect of a direct debit to occur on the agreed due date. absence of payee's payment account with the payment service provider 87 1 paragraph (2) applies where a payment service provider accepts funds on behalf of a payee who does not have a payment account with that payment service provider. 2 the payment service provider must make the funds available to the payee immediately after the funds have been credited to that payment service provider's account. cash placed on a payment account 88 where a payment service user places cash on its payment account with a payment service provider in the same currency as that payment account, the payment service provider must - a if the user is a consumer, micro-enterprise or charity, ensure that the amount is made available and value dated immediately after the receipt of the funds; b in any other case, ensure that the amount is made available and value dated no later than the end of the next business day after the receipt of the funds. value date and availability of funds 89 1 the credit value date for the payee's payment account must be no later than the business day on which the amount of the payment transaction is credited to the account of the payee's payment service provider. 2 paragraph (3) applies where - a the transaction does not involve a currency conversion; b the transaction involves only a currency conversion between the euro and pounds sterling or another member state currency, between pounds sterling and another member state currency, or between two other member state currencies; or c the transaction involves only one payment service provider. 3 the payee's payment service provider must ensure that the amount of the payment transaction is at the payee's disposal immediately after that amount has been credited to that payment service provider's account. 4 the debit value date for the payer's payment account must be no earlier than the time at which the amount of the payment transaction is debited to that payment account. liability incorrect unique identifiers 90 1 where a payment order is executed in accordance with the unique identifier, the payment order is deemed to have been correctly executed by each payment service provider involved in executing the payment order with respect to the payee specified by the unique identifier. 2 where the unique identifier provided by the payment service user is incorrect, the payment service provider is not liable under regulation 91 or 92 for non-execution or defective execution of the payment transaction, but the payment service provider - a must make reasonable efforts to recover the funds involved in the payment transaction; and b may, if agreed in the framework contract, charge the payment service user for any such recovery. 3 the payee's payment service provider must co-operate with the payer's payment service provider in its efforts to recover the funds, in particular by providing to the payer's payment service provider all relevant information for the collection of funds. 4 if the payer's payment service provider is unable to recover the funds it must, on receipt of a written request, provide to the payer all available relevant information in order for the payer to claim repayment of the funds. 5 where the payment service user provides information additional to that specified in regulation 43(2)(a) (information required prior to the conclusion of a single payment service contract) or paragraph 2(b) of schedule 4 (prior general information for framework contracts), the payment service provider is liable only for the execution of payment transactions in accordance with the unique identifier provided by the payment service user. non-execution or defective or late execution of payment transactions initiated by the payer 91 1 this regulation applies where a payment order is initiated directly by the payer. 2 the payer's payment service provider is liable to the payer for the correct execution of the payment transaction unless it can prove to the payer and, where relevant, to the payee's payment service provider, that the payee's payment service provider received the amount of the payment transaction in accordance with regulation 86(1) to (3) (payment transactions to a payment account). 3 where the payer's payment service provider is liable under paragraph (2), it must without undue delay refund to the payer the amount of the non-executed or defective payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place. 4 the credit value date for a credit under paragraph (3) must be no later than the date on which the amount was debited. 5 if the payer's payment service provider proves that the payee's payment service provider received the amount of the payment transaction in accordance with regulation 86, the payee's payment service provider is liable to the payee for the correct execution of the payment transaction and must - a immediately make available the amount of the payment transaction to the payee; and b where applicable, credit the corresponding amount to the payee's payment account. 6 the credit value date for a credit under paragraph (5)(b) must be no later than the date on which the amount would have been value dated if the transaction had been executed correctly. 7 where a payment transaction is executed late, the payee's payment service provider must, on receipt of a request from the payer's payment service provider on behalf of the payer, ensure that the credit value date for the payee's payment account is no later than the date the amount would have been value dated if the transaction had been executed correctly. 8 regardless of liability under this regulation, the payer's payment service provider must, on request by the payer, immediately and without charge - a make efforts to trace any non-executed or defectively executed payment transaction; and b notify the payer of the outcome. non-execution or defective or late execution of payment transactions initiated by the payee 92 1 this regulation applies where a payment order is initiated by the payee. 2 the payee's payment service provider is liable to the payee for the correct transmission of the payment order to the payer's payment service provider in accordance with regulation 86(5) (payment transactions to a payment account). 3 where the payee's payment service provider is liable under paragraph (2), it must immediately re-transmit the payment order in question to the payer's payment service provider. 4 the payee's payment service provider must also ensure that the transaction is handled in accordance with regulation 89 (value date and availability of funds), such that the amount of the transaction - a is at the payee's disposal immediately after it is credited to the payee's payment service provider's account; and b is value dated on the payee's payment account no later than the date the amount would have been value dated if the transaction had been executed correctly. 5 the payee's payment service provider must, on request by the payee and free of charge, make immediate efforts to trace the payment transaction and notify the payee of the outcome. 6 subject to paragraph (8), if the payee's payment service provider proves to the payee and, where relevant, to the payer's payment service provider, that it is not liable under paragraph (2) in respect of a non-executed or defectively executed payment transaction, the payer's payment service provider is liable to the payer and must, as appropriate and immediately - a refund to the payer the amount of the payment transaction; and b restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place. 7 the credit value date for a credit under paragraph (6)(b) must be no later than the date on which the amount was debited. 8 if the payer's payment service provider proves that the payee's service provider has received the amount of the payment transaction, paragraph (6) does not apply and the payee's payment service provider must value date the amount on the payee's payment account no later than the date the amount would have been value dated if the transaction had been executed correctly. non-execution or defective or late execution of payment transactions initiated through a payment initiation service 93 1 this regulation applies where a payment order is initiated by the payer through a payment initiation service. 2 the account servicing payment service provider must refund to the payer the amount of the non-executed or defective payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place. 3 paragraph (4) applies if the payment initiation service provider does not prove to the account servicing payment service provider that - a the payment order was received by the payer's account servicing payment service provider in accordance with regulation 81 (receipt of payment orders); and b within the payment initiation service provider's sphere of influence the payment transaction was authenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the non-execution, defective or late execution of the transaction. 4 on request from the account servicing payment service provider, the payment initiation service provider must immediately compensate the account servicing payment service provider for the losses incurred or sums paid as a result of the refund to the payer. liability of payment service provider for charges and interest 94 a payment service provider is liable to its payment service user for - a any charges for which the payment service user is responsible; and b any interest which the payment service user must pay, as a consequence of the non-execution or defective or late execution of the payment transaction. right of recourse 95 where the liability of a payment service provider ("the first provider") under regulation 76, 91, 92 or 93 (payment service providers' liability for unauthorised or defective payment transactions) is attributable to another payment service provider or an intermediary, including where there is a failure to use strong customer authentication as required by regulation 100 (authentication), the other payment service provider or intermediary must compensate the first provider for any losses incurred or sums paid pursuant to those regulations. force majeure 96 1 a person is not liable for any contravention of a requirement imposed on it by or under this part where the contravention is due to abnormal and unforeseeable circumstances beyond the person's control, the consequences of which would have been unavoidable despite all efforts to the contrary. 2 a payment service provider is not liable for any contravention of a requirement imposed on it by or under this part where the contravention is due to the obligations of the payment service provider under other provisions of eu or national law. miscellaneous consent for use of personal data 97 a payment service provider must not access, process or retain any personal data for the provision of payment services by it, unless it has the explicit consent of the payment service user to do so. management of operational and security risks 98 1 each payment service provider must establish a framework with appropriate mitigation measures and control mechanisms to manage the operational and security risks, relating to the payment services it provides. as part of that framework, the payment service provider must establish and maintain effective incident management procedures, including for the detection and classification of major operational and security incidents. 2 each payment service provider must provide to the fca an updated and comprehensive assessment of the operational and security risks relating to the payment services it provides and on the adequacy of the mitigation measures and control mechanisms implemented in response to those risks. 3 such assessment must - a be provided on an annual basis, or at such shorter intervals as the fca may direct; and b be provided in such form and manner, and contain such information, as the fca may direct. incident reporting 99 1 if a payment service provider becomes aware of a major operational or security incident, the payment service provider must, without undue delay, notify the fca. 2 a notification under paragraph (1) must be in such form and manner, and contain such information, as the fca may direct. 3 if the incident has or may have an impact on the financial interests of its payment service users, the payment service provider must, without undue delay, inform its payment service users of the incident and of all measures that they can take to mitigate the adverse effects of the incident. 4 upon receipt of the notification referred to in paragraph (1), the fca must - a without undue delay, provide the relevant details of the incident to the european banking authority and to the european central bank; b notify any other relevant authorities in the united kingdom; and c co-operate with the european banking authority and the european central bank in assessing the relevance of the incident to authorities outside of the united kingdom. 5 if the fca receives notification of an incident from the european banking authority or the european central bank it must take any appropriate measures to protect the immediate safety of the financial system. authentication 100 1 a payment service provider must apply strong customer authentication where a payment service user - a accesses its payment account online, whether directly or through an account information service provider; b initiates an electronic payment transaction; or c carries out any action through a remote channel which may imply a risk of payment fraud or other abuses. 2 where a payer initiates an electronic remote payment transaction directly or through a payment initiation service provider, the payment service provider must apply strong customer authentication that includes elements which dynamically link the transaction to a specific amount and a specific payee. 3 a payment service provider must maintain adequate security measures to protect the confidentiality and integrity of payment service users' personalised security credentials. 4 an account servicing payment service provider must allow a payment initiation service provider or account information service provider to rely on the authentication procedures provided by the account servicing payment service provider to a payment service user in accordance with the preceding paragraphs of this regulation. 5 paragraphs (1), (2) and (3) are subject to any exemptions from the requirements in those paragraphs provided for in regulatory technical standards adopted under article 98 of the payment services directive. dispute resolution 101 1 this regulation applies in relation to complaints from payment service users who are not eligible within the meaning of section 226(6) of the 2000 act (the ombudsman scheme - compulsory jurisdiction). 2 a payment service provider must put in place and apply adequate and effective complaint resolution procedures for the settlement of complaints from payment service users about the rights and obligations arising under parts 6 and 7. 3 those procedures must - a be applied in every eea state where the payment service provider offers the payment services; and b be available in an official language of each such eea state, or in another language if agreed between the payment service provider and the payment service user. 4 when a payment service provider receives a complaint from a payment service user, the payment service provider must make every possible effort to address all points raised in a reply to the complaint on paper or, if agreed between payment service provider and payment service user, in another durable medium. 5 subject to paragraph (6), the reply must be provided to the complainant within an adequate timeframe and at the latest 15 business days after the day on which the payment service provider received the complaint. 6 in exceptional situations, if a full reply cannot be given in accordance with paragraph (4) for reasons beyond the control of the payment service provider, the payment service provider must send a holding reply, clearly indicating the reasons for the delay in providing a full reply to the complaint and specifying the deadline by which the payment service user will receive a full reply. 7 the deadline specified under paragraph (6) must not be later than 35 business days after the day on which the payment service provider received the complaint. 8 the payment service provider must inform the payment service user about the details of one or more providers of dispute resolution services able to deal with disputes concerning the rights and obligations arising under this part and part 6 (information requirements for payment services), if the payment service provider uses such services. 9 the payment service provider must also make available in a clear, comprehensive and easily accessible way - a the information referred to in paragraph (7); and b details of how to access further information about any provider of dispute resolution services referred to in paragraph (8) and the conditions for using such services. 10 the information to be made available under paragraph (8) must be made available - a on the website of the payment service provider (if any); b at branches of the payment service provider (if any); and c in the general terms and conditions of the contract between the payment service provider and the payment service user. part 8 access to payment systems and bank accounts application of regulation 103 102 1 regulation 103 does not apply to the following kinds of payment systems - a a designated system; b a payment system consisting solely of payment service providers belonging to the same group. prohibition on restrictive rules on access to payment systems 103 1 rules or conditions governing access to, or participation in, a payment system by authorised or registered payment service providers must - a be objective, proportionate and non-discriminatory; and b not prevent, restrict or inhibit access or participation more than is necessary to - i safeguard against specific risks such as settlement risk, operational risk or business risk; or ii protect the financial and operational stability of the payment system. 2 paragraph (1) applies only to such payment service providers as are legal persons. 3 rules or conditions governing access to, or participation in, a payment system must not, in respect of payment service providers, payment service users or other payment systems - a restrict effective participation in other payment systems; b discriminate (whether directly or indirectly) between i different authorised payment service providers; or ii different registered payment service providers; in relation to the rights, obligations or entitlements of participants in the payment system; or c impose any restrictions on the basis of institutional status. indirect access to designated systems 104 1 this regulation applies where a participant in a designated system allows an authorised or registered payment service provider that is not a participant in the system to pass transfer orders through the system. 2 the participant - a must treat a request by another authorised or registered payment service provider to pass transfer orders through the system in an objective, proportionate and non-discriminatory manner; and b must not - i prevent, restrict or inhibit access to or participation in the system more than is necessary to safeguard against specific risks such as settlement risk, operational risk or business risk, or to protect the financial and operational stability of the participant or the payment system; ii discriminate (whether directly or indirectly) between different authorised payment service providers or different registered payment service providers in relation to the rights, obligations or entitlements of such providers in relation to access to or participation in the system; or iii impose any restrictions on the basis of institutional status. 3 if the participant refuses such a request, it must provide full reasons for the refusal to the payment service provider which made the request. access to bank accounts 105 1 a credit institution must - a grant payment service providers of the types referred to in paragraphs (a) to (f) of the definition of "payment service provider" in regulation 2(1), and applicants for authorisation or registration as such payment service providers, access to payment accounts services on an objective, non-discriminatory and proportionate basis; b when a payment service provider of a type mentioned in sub-paragraph (a) enquires about such access, include in the response to the enquiry the criteria that the credit institution applies when considering requests for such access; and c maintain arrangements to ensure that those criteria are applied in a manner which ensures compliance with sub-paragraph (a). 2 access to payment accounts services granted to a payment service provider pursuant to paragraph (1) must be sufficiently extensive to allow the payment service provider to provide payment services in an unhindered and efficient manner. 3 if a credit institution refuses a request for access to such services from a payment service provider of the types mentioned in paragraph (1)(a), or withdraws access to such services for such a payment service provider, it must notify the fca. 4 a notification under paragraph (3) must - a contain duly motivated reasons for the refusal or the withdrawal of access; and b contain such information, and be provided in such form and manner and within such period following the refusal or withdrawal of access, as the fca may direct. 5 the fca must provide the reasons received under paragraph (4) to the payment systems regulator, unless the payment systems regulator informs the fca that it does not wish to receive them. part 9 the financial conduct authority functions of the fca 106 1 the fca is designated as the competent authority for the purposes of the payment services directive, except as set out in paragraph (2), and has the functions and powers conferred on it by these regulations. 2 the fca is not designated as the competent authority for the purposes of the following provisions of the payment services directive - a the condition in article 3(o) (transposed in regulation 61) (information on atm withdrawal charges); b article 35 (transposed in regulations 102 to 104) (access to payment systems); c in article 62, paragraph 4 and the second sentence of paragraph 3 (restrictions on payee charging for use of certain payment instruments). 3 in determining the general policy and principles by reference to which it performs particular functions under these regulations, and to the extent appropriate taking into account the fca's designation under paragraph (1), the fca must have regard to - a the need to use its resources in the most efficient and economic way; b the principle that a burden or restriction which is imposed on a person, or on the carrying on of an activity, should be proportionate to the benefits, considered in general terms, which are expected to result from the imposition of that burden or restriction; c the desirability of sustainable growth in the economy of the united kingdom in the medium or long term; d the general principle that consumers should take responsibility for their own decisions; e the responsibilities of those who manage the affairs of persons subject to requirements imposed by or under these regulations, including those affecting consumers, in relation to compliance with those requirements; f the desirability where appropriate of the fca exercising its functions in a way that recognises differences in the nature of, and objectives of, businesses carried on by different persons subject to requirements imposed by or under these regulations; g the desirability in appropriate cases of the fca publishing information in relation to persons on whom requirements are imposed by or under these regulations; h the principle that the fca should exercise its functions as transparently as possible. application of this part to requirements of directly applicable eu regulations and fca rules 107 for the purposes of this part, including the legislation applied by regulation 122 and schedule 6, but with the exception of regulation 119 and schedule 5 (credit agreements) - a the requirements imposed on payment service providers by articles 8(2), 9(2) and 12 of the interchange fee regulation are to be treated as if they were included in part 5 of these regulations (requirements for providers of certain services which are not payment services); b the requirements imposed on payment service providers by articles 8(5) and (6), 9(1), 10(1) and (5) and 11 of the interchange fee regulation are to be treated as if they were included in part 6 of these regulations (information requirements for payment services); and c requirements imposed on payment service providers by or under directly applicable eu regulations adopted under the payment services directive, or by rules made by the fca pursuant to paragraph 3 of schedule 7, are to be treated as if they were imposed by or under part 7 of these regulations (rights and obligations in relation to the provision of payment services). supervision and enforcement monitoring and enforcement 108 1 the fca must maintain arrangements designed to enable it to determine whether - a persons on whom requirements are imposed by or under parts 2 to 7 or regulation 105 (access to bank accounts) are complying with them; b there has been any contravention of regulation 138(1) (prohibition on provision of payment services by persons other than payment service providers), 139(1) (false claims to be a payment service provider or exempt) or 142(1)(a) or (2) (misleading a regulator). 2 the arrangements referred to in paragraph (1) may provide for functions to be performed on behalf of the fca by any body or person who is, in its opinion, competent to perform them. 3 the fca must also maintain arrangements for enforcing the provisions of these regulations. 4 paragraph (2) does not affect the fca's duty under paragraph (1). reporting requirements 109 1 a person must give the fca such information as the fca may direct in respect of its provision of payment services or its compliance with requirements imposed by or under parts 2 to 7 or regulation 105 (access to bank accounts). 2 information required under this regulation must be given at such times and in such form, and verified in such manner, as the fca may direct. 3 a direction under paragraph (2) must specify the purpose for which the information is required, as appropriate, and the time within which the information is to be given. 4 each authorised payment institution, small payment institution and registered account information service provider, and each credit institution and electronic money institution which is authorised in the united kingdom and provides payment services, must provide to the fca statistical data on fraud relating to different means of payment. 5 such data must be provided at least once per year, and must be provided in such form as the fca may direct. 6 the fca must provide such data in an aggregated form to the european banking authority and the european central bank. public censure 110 if the fca considers that a person has contravened a requirement imposed on them by or under these regulations, the fca may publish a statement to that effect. financial penalties 111 1 the fca may impose a penalty of such amount as it considers appropriate on - a a payment service provider who has contravened a requirement imposed on them by or under these regulations; or b a person who has contravened regulation 138(1) (prohibition on provision of payment services by persons other than payment service providers), 139(1) (false claims to be a payment service provider or exempt) or 142(1)(a) or (2) (misleading a regulator). 2 the fca may not in respect of any contravention both require a person to pay a penalty under this regulation and cancel their authorisation as a payment institution or their registration as a small payment institution or account information service provider (as the case may be). 3 a penalty under this regulation is a debt due from that person to the fca, and is recoverable accordingly. proposal to take disciplinary measures 112 1 where the fca proposes to publish a statement under regulation 110 or to impose a penalty under regulation 111, it must give the person concerned a warning notice. 2 the warning notice must set out the terms of the proposed statement or state the amount of the proposed penalty. 3 if, having considered any representations made in response to the warning notice, the fca decides to publish a statement under regulation 110 or to impose a penalty under regulation 111, it must without delay give the person concerned a decision notice. 4 the decision notice must set out the terms of the statement or state the amount of the penalty. 5 if the fca decides to publish a statement under regulation 110 or impose a penalty on a person under regulation 111, the person concerned may refer the matter to the upper tribunal. 6 sections 210 (statements of policy) and 211 (statements of policy: procedure) of the 2000 act apply in respect of the imposition of penalties under regulation 111 and the amount of such penalties as they apply in respect of the imposition of penalties under part 14 of the 2000 act (disciplinary measures) and the amount of penalties under that part of that act. 7 after a statement under regulation 110 is published, the fca must send a copy of it to the person concerned and to any person to whom a copy of the decision notice was given under section 393(4) of the 2000 act (third party rights) (as applied by paragraph 10 of schedule 6 to these regulations). injunctions 113 1 if, on the application of the fca, the court is satisfied - a that there is a reasonable likelihood that any person will contravene a requirement imposed by or under these regulations; or b that any person has contravened such a requirement and that there is a reasonable likelihood that the contravention will continue or be repeated, the court may make an order restraining (or in scotland an interdict prohibiting) the contravention. 2 if, on the application of the fca, the court is satisfied - a that any person has contravened a requirement imposed by or under these regulations; and b that there are steps which could be taken for remedying the contravention, the court may make an order requiring that person, and any other person who appears to have been knowingly concerned in the contravention, to take such steps as the court may direct to remedy it. 3 if, on the application of the fca, the court is satisfied that any person may have - a contravened a requirement imposed by or under these regulations; or b been knowingly concerned in the contravention of such a requirement, it may make an order restraining (or in scotland an interdict prohibiting) them from disposing of, or otherwise dealing with, any assets of theirs which it is satisfied they are reasonably likely to dispose of or otherwise deal with. 4 the jurisdiction conferred by this regulation is exercisable by the high court and the court of session. 5 in paragraph (2), references to remedying a contravention include references to mitigating its effect. power of fca to require restitution 114 1 the fca may exercise the power in paragraph (2) if it is satisfied that a payment service provider (referred to in this regulation and regulation 115 as "the person concerned") has contravened a requirement imposed by or under these regulations, or been knowingly concerned in the contravention of such a requirement, and that - a profits have accrued to the person concerned as a result of the contravention; or b one or more persons have suffered loss or been otherwise adversely affected as a result of the contravention. 2 the power referred to in paragraph (1) is a power to require the person concerned, in accordance with such arrangements as the fca considers appropriate, to pay to the appropriate person or distribute among the appropriate persons such amount as appears to the fca to be just having regard - a in a case within sub-paragraph (a) of paragraph (1), to the profits appearing to the fca to have accrued; b in a case within sub-paragraph (b) of that paragraph, to the extent of the loss or other adverse effect; c in a case within both of those paragraphs, to the profits appearing to the fca to have accrued and to the extent of the loss or other adverse effect. 3 in paragraph (2) "appropriate person" means a person appearing to the fca to be someone - a to whom the profits mentioned in paragraph (1)(a) are attributable; or b who has suffered the loss or adverse effect mentioned in paragraph (1)(b). proposal to require restitution 115 1 if the fca proposes to exercise the power under regulation 114(2), it must give the person concerned a warning notice. 2 the warning notice must state the amount which the fca propose to require the person concerned to pay or distribute as mentioned in regulation 114(2). 3 if, having considered any representations made in response to the warning notice, the fca decides to exercise the power under regulation 114(2), it must without delay give the person concerned a decision notice. 4 the decision notice must - a state the amount that the person concerned is to pay or distribute; b identify the person or persons to whom that amount is to be paid or among whom that amount is to be distributed; and c state the arrangements in accordance with which the payment or distribution is to be made. 5 if the fca decides to exercise the power under regulation 114(2), the person concerned may refer the matter to the upper tribunal. restitution orders 116 1 the court may, on the application of the fca, make an order under paragraph (2) if it is satisfied that a person has contravened a requirement imposed by or under these regulations, or been knowingly concerned in the contravention of such a requirement, and that - a profits have accrued to them as a result of the contravention; or b one or more persons have suffered loss or been otherwise adversely affected as a result of the contravention. 2 the court may order the person concerned to pay to the fca such sum as appears to the court to be just having regard - a in a case within sub-paragraph (a) of paragraph (1), to the profits appearing to the court to have accrued; b in a case within sub-paragraph (b) of that paragraph, to the extent of the loss or other adverse effect; c in a case within both of those sub-paragraphs, to the profits appearing to the court to have accrued and to the extent of the loss or other adverse effect. 3 any amount paid to the fca in pursuance of an order under paragraph (2) must be paid by it to such qualifying person or distributed by it among such qualifying persons as the court may direct. 4 in paragraph (3), "qualifying person" means a person appearing to the court to be someone - a to whom the profits mentioned in paragraph (1)(a) are attributable; or b who has suffered the loss or adverse effect mentioned in paragraph (1)(b). 5 on an application under paragraph (1) the court may require the person concerned to supply it with such accounts or other information as it may require for any one or more of the following purposes - a establishing whether any and, if so, what profits have accrued to them as mentioned in sub-paragraph (a) of that paragraph; b establishing whether any person or persons have suffered any loss or adverse effect as mentioned in sub-paragraph (b) of that paragraph; and c determining how any amounts are to be paid or distributed under paragraph (3). 6 the court may require any accounts or other information supplied under paragraph (5) to be verified in such manner as it may direct. 7 the jurisdiction conferred by this regulation is exercisable by the high court and the court of session. 8 nothing in this regulation affects the right of any person other than the fca to bring proceedings in respect of the matters to which this regulation applies. complaints 117 1 the fca must maintain arrangements designed to enable payment service users and other interested parties to submit complaints to it that a requirement imposed by or under parts 2 to 7 of these regulations has been breached by a payment service provider. 2 where it considers it appropriate, the fca must include in any reply to a complaint under paragraph (1) details of the ombudsman scheme established under part 16 of the 2000 act (the ombudsman scheme). miscellaneous costs of supervision 118 1 the functions of the fca under these regulations are to be treated for the purposes of paragraph 23 of schedule 1za (fees) to the 2000 act as functions conferred on the fca under that act, with the following modifications - a section 1b(5)(a) of the 2000 act (fca's general duties) does not apply to the making of rules under paragraph 23 by virtue of this regulation; b rules made under paragraph 23 by virtue of this regulation are not to be treated as regulating provisions for the purposes of section 140a(1) of the 2000 act (competition scrutiny) ; c paragraph 23(7) does not apply. 2 the fca must in respect of each of its financial years pay to the treasury any amounts received by it during the year by way of penalties imposed under regulation 111. 3 the treasury may give directions to the fca as to how the fca is to comply with its duty under paragraph (2). 4 the directions may in particular - a specify the time when any payment is required to be made to the treasury, and b require the fca to provide the treasury at specified times with information relating to penalties that the fca has imposed under regulation 111. 5 the treasury must pay into the consolidated fund any sums received by them under this regulation. credit agreements 119 schedule 5, which contains provisions concerning credit agreements, has effect. guidance 120 1 the fca may give guidance consisting of such information and advice as it considers appropriate with respect to - a the operation of these regulations; b any matters relating to the functions of the fca under these regulations; c any other matters about which it appears to the fca to be desirable to give information or advice in connection with these regulations. 2 the fca may - a publish its guidance; b offer copies of its published guidance for sale at a reasonable price; c if it gives guidance in response to a request made by any person, make a reasonable charge for that guidance. fca's exemption from liability in damages 121 the functions of the fca under these regulations are to be treated for the purposes of paragraph 25 (exemption from liability in damages) of part 4 of schedule 1za to the 2000 act as functions conferred on the fca under that act. application and modification of primary and secondary legislation 122 the provisions of primary and secondary legislation set out in schedule 6 apply for the purposes of these regulations with the modifications set out in that schedule. part 10 the payment systems regulator interpretation of part 10 123 in this part - "the 2013 act " means the financial services (banking reform) act 2013 ; "compliance failure" means a failure by a regulated person to comply with - a directive requirement; or a direction given under regulation 125; "directive requirement" means an obligation, prohibition or restriction imposed by regulation 61 (information on atm withdrawal charges) or part 8 (access to payment systems and bank accounts), with the exception of the obligation imposed on the fca by regulation 105(5) (access to bank accounts); "general direction" has the meaning given in regulation 125(5); "general guidance" has the meaning given in regulation 134(2); "regulated person" means a person on whom a directive requirement is imposed. functions of the payment systems regulator 124 1 the payment systems regulator is designated as the competent authority for the purposes of the following provision of the payment services directive - a the condition in article 3(o) (transposed in regulation 61) (information on atm withdrawal charges); b article 35 (transposed in regulations 102 to 104) (access to payment systems); c article 36 (transposed in regulation 105) (access to bank accounts), together with the fca, and has the functions and powers conferred on it by these regulations. 2 in determining the general policy and principles by reference to which it performs particular functions under these regulations, and to the extent appropriate taking into account the payment systems regulator's designation under paragraph (1), the payment systems regulator must have regard to the matters to which the fca is required to have regard by regulation 106(3), and for that purpose references to the fca in regulation 106(3)(f) to (h) are to be read as references to the payment systems regulator. 3 the payment systems regulator must maintain arrangements designed to enable it to determine whether regulated persons are complying with directive requirements, and for enforcing directive requirements. directions 125 1 the payment systems regulator may give a direction in writing to any regulated person. 2 a direction may be given for the purpose of - a obtaining information about - i compliance with a directive requirement; or ii the application of a directive requirement to a person; b remedying a failure to comply with a directive requirement; or c preventing a failure to comply, or continued non-compliance, with a directive requirement. 3 a direction may require or prohibit the taking of specified action. 4 a direction may apply - a in relation to all regulated persons or in relation to every regulated person of a specified description; or b in relation to a specified regulated person or specified regulated persons. 5 a direction that applies as mentioned in paragraph (4)(a) is referred to in this part as a "general direction". 6 a direction requiring the provision of information must specify the purpose for which the information is required, as appropriate, and the time within which the information is to be given. 7 the payment systems regulator must publish any general direction. publication of compliance failures and penalties 126 the payment systems regulator may publish details of - a a compliance failure by a regulated person; or b a penalty imposed under regulation 127. penalties 127 1 the payment systems regulator may require a regulated person to pay a penalty in respect of a compliance failure. 2 a penalty - a must be paid to the payment systems regulator; and b may be enforced by the payment systems regulator as a debt. 3 the payment systems regulator must prepare a statement of the principles which it will apply in determining - a whether to impose a penalty; and b the amount of a penalty. 4 the payment systems regulator must - a publish the statement on its website; b send a copy to the treasury; c review the statement from time to time and revise it if necessary (and sub-paragraphs (a) and (b) apply to a revision); and d in applying the statement to a compliance failure, apply the version in force when the compliance failure occurred. notice of publication of a compliance failure or of imposition of a penalty 128 before publishing details of a compliance failure by a regulated person under regulation 126(a) or imposing a penalty on a regulated person under regulation 127, the payment systems regulator must - a give the person notice in writing of the proposed publication or penalty and reasons for the proposed publication or penalty; b give the person at least 21 days to make representations; c consider any representations made; and d as soon as is reasonably practicable, give the person a notice in writing stating whether or not it intends to publish the details or impose the penalty. injunctions 129 1 if, on the application of the payment systems regulator, the court is satisfied - a that there is a reasonable likelihood that there will be a compliance failure, or b that there has been a compliance failure and there is a reasonable likelihood that it will continue or be repeated, the court may make an order restraining the conduct constituting the failure. 2 if, on the application of the payment systems regulator, the court is satisfied - a that there has been a compliance failure by a regulated person; and b that there are steps which could be taken for remedying the failure, the court may make an order requiring the regulated person, and anyone else who appears to have been knowingly concerned in the failure, to take such steps as the court may direct to remedy it. 3 the jurisdiction conferred by this regulation is exercisable - a in england and wales and northern ireland, by the high court; and b in scotland, by the court of session. 4 in this regulation - a references to an order restraining anything are, in scotland, to be read as references to an interdict prohibiting that thing; and b references to remedying a failure include mitigating its effect. appeals: general 130 1 a person who is affected by a decision to give a direction under regulation 125 (directions) other than a general direction or a decision to publish details under regulation 126(a) (publication of compliance failures) may appeal against the decision to the competition appeal tribunal in accordance with regulation 131. 2 a person who is affected by a decision to impose a penalty under regulation 127 (penalties) may appeal against the decision to the competition appeal tribunal in accordance with regulation 132. appeals against directions and publication of compliance failures 131 1 this regulation applies where a person is appealing to the competition appeal tribunal against a decision to give a direction under regulation 125 (directions) or to publish details under regulation 126(a) (publication of compliance failures). 2 the means of making an appeal is by sending the competition appeal tribunal a notice of appeal in accordance with tribunal rules. 3 the notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules. 4 in determining an appeal made in accordance with this regulation, the competition appeal tribunal must apply the same principles as would be applied by a court on an application for judicial review. 5 the competition appeal tribunal must either - a dismiss the appeal; or b quash the whole or part of the decision to which the appeal relates. 6 if the competition appeal tribunal quashes the whole or part of a decision, it may refer the matter back to the payment systems regulator with a direction to reconsider and make a new decision in accordance with its ruling. 7 the competition appeal tribunal may not direct the payment systems regulator to take any action which it would not otherwise have the power to take in relation to the decision. 8 in this regulation and regulation 132 "tribunal rules" means rules under section 15 of the enterprise act 2002 . appeals in relation to penalties 132 1 this regulation applies where a person is appealing to the competition appeal tribunal against a decision to impose a penalty under regulation 127 (penalty). 2 the person may appeal against - a the imposition of the penalty; b the amount of the penalty; or c any date by which the penalty, or any part of it, is required to be paid. 3 the means of making an appeal is by sending the competition appeal tribunal a notice of appeal in accordance with tribunal rules. 4 the notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules. 5 the competition appeal tribunal may do any of the following - a uphold the penalty; b set aside the penalty; c substitute for the penalty a penalty of an amount decided by the competition appeal tribunal; d vary any date by which the penalty, or any part of it, is required to be paid. 6 if an appeal is made in accordance with this regulation, the penalty is not required to be paid until the appeal has been determined. 7 paragraphs (2), (5) and (6) do not restrict the power to make tribunal rules; and those paragraphs are subject to tribunal rules. 8 except as provided by this regulation, the validity of the penalty may not be questioned by any legal proceedings whatever. 9 in the case of an appeal made in accordance with this regulation, a decision of the competition appeal tribunal has the same effect as, and may be enforced in the same manner as, a decision of the payment systems regulator. complaints 133 1 the payment systems regulator must maintain arrangements designed to enable persons to submit complaints to it that a directive requirement has been breached. 2 where it considers it appropriate, the payment systems regulator must include in any reply to a complaint under paragraph (1) details of the ombudsman scheme established under part 16 of the 2000 act (the ombudsman scheme). guidance 134 1 the payment systems regulator may give guidance consisting of such information and advice as it considers appropriate in relation to - a the directive requirements; b its functions under these regulations; c any related matters about which it appears to the payment systems regulator to be desirable to give information or advice. 2 in this part "general guidance" means guidance given by the payment systems regulator under this regulation which is - a given to persons generally or to a class of persons; b intended to have continuing effect; and c given in writing or other legible form. 3 the payment systems regulator may publish its guidance. information and investigation 135 1 sections 81 to 93 of the 2013 act (information and investigation powers and disclosure of information) apply for the purposes of the payment systems regulator's functions under these regulations as if - a references to part 5 of the 2013 act were references to these regulations; b references to a participant in a regulated payment system were references to a regulated person; c references to a compliance failure were references to a compliance failure as defined in regulation 123 (interpretation of this part); d in section 81 (power to obtain information or documents) - i subsection (1)(a) were omitted ii in subsection (1)(b), "otherwise" were omitted; and iii after subsection (3) there were inserted - 4 a notice under subsection (1) requiring information must specify the purpose for which the information is required and the time within which the information is to be provided. . e in section 82(1) (reports by skilled persons) the reference to participation in a payment system were a reference to compliance with the directive requirements; f in section 83 (appointment of persons to conduct investigations), subsection (1) were omitted; g in section 90 (enforcement of information and investigation powers) - i in subsection (7)(a)(i) for "12 months (or 6 months, if the offence was committed before the commencement of section 154(1) of the criminal justice act 2003)" there were substituted "3 months"; ii in subsection (7)(a)(iii) for "6 months" there were substituted "3 months"; and iii in subsection (8)(a) for "51 weeks (or 3 months, if the offence was committed before the commencement of section 280(2) of the criminal justice act 2003)" there were substituted "3 months"; h in section 91 (restrictions on disclosure of confidential information), subsection (6) were omitted; and i in section 93 (offences relating to disclosure of confidential information), in subsection (4)(a) for "51 weeks (or 3 months, if the offence was committed before the commencement of section 280(2) of the criminal justice act 2003)" there were substituted "3 months". 2 the financial services (banking reform) act 2013 (disclosure of confidential information) regulations 2014 ("the 2014 regulations ") apply for the purposes of the payment systems regulator's functions under these regulations as if - a the reference in regulation 5(3)(a) of the 2014 regulations (disclosure for the purposes of certain other proceedings) to part 5 of the 2013 act were a reference to these regulations; and b the following entry were included in the table in the schedule to the 2014 regulations (persons and functions in respect of which disclosure is permitted) - a general enforcer as defined in section 213(1) of the enterprise act 2002 its functions under part 8 of the enterprise act 2002 in so far as they relate to the consumer rights (payment surcharges) regulations 2012 , and its functions under those regulations. . application of other provisions of the 2013 act 136 1 for the purposes of these regulations section 40(3) and (4) of the 2013 act (financial conduct authority to ensure capability of payment systems regulator) applies as if the reference in section 40(3) of that act to the functions referred to in section 40(1) included a reference to the functions of the payment systems regulator under these regulations. 2 for the purposes of these regulations section 104 of the 2013 act (consultation in relation to generally applicable requirements) applies as if - a in subsection (1) - i the reference in paragraph (a) to a general direction under section 54 of that act were a reference to a general direction under regulation 125 (directions); ii paragraph (b) were omitted; b in subsection (3)(c), the reference to the payment systems regulator's duties under section 49 were a reference to the payment systems regulator's duties under regulation 124(2) and (3) (duties to maintain arrangements for monitoring and enforcement and to have regard to regulatory principles); and c in subsection (10), the reference to regulated payment systems were a reference to regulated persons. 3 for the purposes of these regulations paragraphs 5, 7 and 9 to 14 of schedule 4 to the 2013 act (the payment systems regulator) apply as if - a references to the functions of the payment systems regulator included references to the functions of the payment systems regulator under the interchange fee regulation and these regulations; b in paragraph 5 of that schedule (arrangements for discharging functions) - i in sub-paragraph (3), the reference to general directions under section 54 of the 2013 act included a reference to general directions under regulation 125; ii in sub-paragraph (4), the reference to general guidance included a reference to general guidance under regulation 134 (guidance); c in paragraph 9 (funding) of that schedule, in sub-paragraph (1) the reference to participants in regulated payment systems included a reference to regulated persons; d in paragraph 10 of that schedule (penalty receipts) - i references to penalties imposed under section 73 of the 2013 act included references to penalties imposed under regulation 127 (penalties); ii in sub-paragraph (4) - aa in paragraph (a) the reference to the payment systems regulator's powers under sections 72 to 75 of the 2013 act included a reference to the payment systems regulator's powers under regulations 126 to 129 (publication of compliance failures and penalties, penalties and injunctions); bb in paragraphs (c) and (d) the reference to relevant offences included reference to offences under part 5 of the 2013 act as applied by regulation 135 and under these regulations; and e in paragraph 11 of that schedule (penalty receipts) - i in sub-paragraph (1), the reference to penalties imposed under section 73 of the 2013 act included a reference to penalties imposed under regulation 127 (penalties); and ii in sub-paragraphs (1) and (2), the references to participants in regulated payment systems included references to regulated persons. part 11 general contracting out of statutory requirements prohibition on contracting out of statutory requirement 137 1 a payment service provider may not agree with a payment service user that it will not comply with any provision of these regulations unless - a such agreement is permitted by these regulations, or b such agreement provides for terms which are more favourable to the payment service user than the relevant provisions of these regulations. 2 a contractual term is void if and to the extent that - a the term is agreed in contravention of paragraph (1), or b the term relates to a transaction alleged to have been unauthorised or defectively executed, and purports to - i impose liability to provide compensation on a different person from the person identified in these regulations, or ii allocate the burden of proof to a different person from the person identified in these regulations. criminal offences prohibition on provision of payment services by persons other than payment service providers 138 1 a person may not provide a payment service in the united kingdom, or purport to do so, unless the person is - a an authorised payment institution; b a small payment institution; c a registered account information service provider; d an eea authorised payment institution or an eea registered account information service provider exercising its passport rights; e a credit institution authorised in the united kingdom or exercising an eea right in accordance with part 2 of schedule 3 to the 2000 act (exercise of passport rights by eea firms); f an electronic money institution which for the purposes of the electronic money regulations 2011 is - i registered in the united kingdom as an authorised electronic money institution or a small electronic money institution; or ii an eea authorised electronic money institution exercising passport rights in the united kingdom; g the post office limited; h the bank of england, the european central bank or a national central bank of an eea state other than the united kingdom, i a government department or a local authority; or j exempt under regulation 3 (exemption for certain bodies). 2 a person who contravenes paragraph (1) is guilty of an offence and is liable - a on summary conviction, to imprisonment for a term not exceeding three months or to a fine, which in scotland or northern ireland may not exceed the statutory maximum, or both; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. false claims to be a payment service provider or exempt 139 1 a person who does not fall within any of sub-paragraphs (a) to (f) of regulation 138(1) may not - a describe themselves (in whatever terms) as a person falling within any of those sub-paragraphs; or b behave, or otherwise hold themselves out, in a manner which indicates (or which is reasonably likely to be understood as indicating) that they are such a person. 2 a person who contravenes paragraph (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine, which in scotland or northern ireland may not exceed level 5 on the standard scale, or both. defences 140 in proceedings for an offence under regulation 138 or 139 it is a defence for the accused to show that they took all reasonable precautions and exercised all due diligence to avoid committing the offence. contravention of regulations 57 and 58 141 1 a person (not being a payment service provider) who contravenes regulation 57(2) or 58(2) (information on charges and exchange rates) is guilty of an offence and liable on summary conviction to a fine, which in scotland or northern ireland may not exceed level 5 on the standard scale. 2 no offence is committed if the person took all reasonable steps and exercised all due diligence to ensure that the requirement imposed on the person by regulation 57(2) or 58(2), as the case may be, would be complied with. misleading the fca or the payment systems regulator 142 1 a person may not, in purported compliance with any requirement imposed by or under these regulations, knowingly or recklessly give information which is false or misleading in a material particular to - a the fca; or b the payment systems regulator. 2 a person may not - a provide any information to another person, knowing the information to be false or misleading in a material particular, or b recklessly provide to another person any information which is false or misleading in a material particular, knowing that the information is to be used for the purpose of providing information to the fca in connection with its functions under these regulations. 3 a person may not - a provide any information to another person, knowing the information to be false or misleading in a material particular, or b recklessly provide to another person any information which is false or misleading in a material particular, knowing that the information is to be used for the purpose of providing information to the payment systems regulator in connection with its functions under these regulations. 4 a person who contravenes paragraph (1), (2) or (3) is guilty of an offence and is liable - a on summary conviction, to a fine, which in scotland or northern ireland may not exceed the statutory maximum; b on conviction on indictment, to a fine. restriction on penalties 143 a person who is convicted of an offence under these regulations is not liable to a penalty under regulation 111 or 127 (financial penalties) in respect of the same contravention of a requirement imposed by or under these regulations. liability of officers of bodies corporate etc 144 1 if an offence under these regulations committed by a body corporate is shown - a to have been committed with the consent or connivance of an officer, or b to be attributable to any neglect on their part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. 2 if the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with such member's functions of management as if the member were a director of the body. 3 if an offence under these regulations committed by a partnership is shown - a to have been committed with the consent or connivance of a partner, or b to be attributable to any neglect on their part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. 4 if an offence under these regulations committed by an unincorporated association (other than a partnership) is shown - a to have been committed with the consent or connivance of an officer, or b to be attributable to any neglect of such officer, the officer as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly. 5 in this regulation - "officer" - in relation to a body corporate, means a director, manager, secretary, chief executive, member of the committee of management, or a person purporting to act in such a capacity; and in relation to an unincorporated association, means any officer of the association or any member of its governing body, or a person purporting to act in such capacity; and "partner" includes a person purporting to act as a partner. prosecution of offences 145 1 proceedings for an offence under these regulations may be instituted only - a in respect of an offence under regulation 138 (prohibition on provision of payment services by persons other than payment service providers), 139 (false claims to be a payment service provider or exempt), 141 (contravention of regulations 57 and 58), or 142(4) in so far as it relates to regulation 142(1)(a) or (2) (misleading the fca), by the fca; b in respect of an offence under regulation 142(4) in so far as it relates to regulation 142(1)(b) or (3) (misleading the payment systems regulator), by the payment systems regulator; or c by or with the consent of the director of public prosecutions. 2 paragraph (1) does not apply to proceedings in scotland. proceedings against unincorporated bodies 146 1 proceedings for an offence alleged to have been committed by a partnership or an unincorporated association must be brought in the name of the partnership or association (and not in that of its members). 2 a fine imposed on the partnership or association on its conviction of an offence is to be paid out of the funds of the partnership or association. 3 rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate. 4 in proceedings for an offence brought against the partnership or association - a section 33 of the criminal justice act 1925 (procedure on charge of offence against corporation) and section 46 of and schedule 3 to the magistrates' courts act 1980 (corporations) apply as they do in relation to a body corporate; b section 70 of the criminal procedure (scotland) act 1995 (proceedings against organisations) applies as it does in relation to a body corporate; c section 18 of the criminal justice (northern ireland) act 1945 (procedure on charge) and schedule 4 to the magistrates' courts (northern ireland) order 1981 (corporations) apply as they do in relation to a body corporate. 5 summary proceedings for an offence under these regulations may be taken - a against a body corporate or unincorporated association at any place at which it has a place of business; b against an individual at any place where they are for the time being. 6 paragraph (5) does not affect any jurisdiction exercisable apart from this regulation. miscellaneous duty to co-operate and exchange of information 147 1 the fca, the commissioners and the payment systems regulator must take such steps as they consider appropriate to co-operate with each other and - a the competent authorities designated under article 22(1), or referred to in article 100(1), of the payment services directive, of eea states other than the united kingdom; b the european central bank, the bank of england and the national central banks of eea states other than the united kingdom; c any other relevant competent authorities designated under eu law or the law of the united kingdom or any other eea state which is applicable to payment service providers; and d the european banking authority, for the purposes of the exercise by those bodies of their functions under the payment services directive and other relevant eu or national legislation. 2 subject to the requirements of the data protection act 1998 , section 348 of the 2000 act (restrictions on disclosure of confidential information by fca etc.) (as applied with modifications by paragraph 8 of schedule 6 to these regulations), regulation 105 of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 (disclosure by the commissioners) and any other applicable restrictions on the disclosure of information, the fca, the commissioners and the payment systems regulator may provide information to each other and - a the bodies mentioned in paragraph (1)(a), (c) and (d); b the european central bank, the bank of england and the national central banks of eea states other than the united kingdom when acting in their capacity as monetary and oversight authorities; c where relevant, other public authorities responsible for the oversight of payment and settlement systems; for the purposes of the exercise by those bodies of their functions under the payment services directive and other relevant eu or national legislation. 3 part 9 of the enterprise act 2002 (information) does not prohibit disclosure of information under paragraph (2) but a person to whom that part applies must have regard to the considerations mentioned in section 244 of that act (specified information: considerations relevant to disclosure) before making any such disclosure. 4 if the european banking authority is assisting the fca, or a competent authority in another eea state, in relation to a disagreement between those authorities pursuant to article 19 of regulation (eu) 1093/2010 of the european parliament and of the council of 24th november 2010 establishing a european supervisory authority (european banking authority), amending decision no 716/2009/ec and repealing commission decision 2009/78/ec , the fca must defer any decision in relation to the subject of the disagreement until the disagreement is resolved under that article. actions for breach of requirements 148 1 a contravention - a which is to be taken to have occurred by virtue of regulation 21 (authorised payment institutions, small payment institutions and registered account information service providers acting without permission); b of a requirement imposed by regulation 23 (safeguarding requirements); or c of a requirement imposed by or under part 6 (information requirements for payment services) or 7 (rights and obligations in relation to the provision of payment services), is actionable at the suit of a private person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for breach of statutory duty. 2 a person acting in a fiduciary or representative capacity may bring an action under paragraph (1) on behalf of a private person if any remedy - a will be exclusively for the benefit of the private person; and b cannot be obtained by way of an action brought otherwise than at the suit of the fiduciary or representative. 3 in this regulation "private person" means - a any individual, except where the individual suffers the loss in question in the course of providing payment services; and b any person who is not an individual, except where that person suffers the loss in question in the course of carrying on business of any kind; but does not include a government, a local authority (in the united kingdom or elsewhere) or an international organisation. 4 where there has been a contravention of a requirement under regulation 76(5)(b) (payment service provider's liability for unauthorised payment transactions), 77(6) (payer or payee's liability for unauthorised payment transactions), 93(4) (non-execution or defective or late execution of payment transactions initiated through a payment initiation service) or 95 (right of recourse) for a payment service provider to compensate another payment service provider, the payment service provider to which compensation is required to be paid is to be treated for the purposes of this regulation as if it were a private person. transitional and saving provisions saving of payment services regulations 2009 149 notwithstanding the revocation of the payment services regulations 2009 by regulation 157 (revocations), those regulations continue to apply in relation to services provided before 13th january 2018. transitional and saving provisions: authorised payment institutions 150 1 where a person provides payment services before 13th january 2018 pursuant to an authorisation under the payment services regulations 2009, or the national law in another eea state transposing the first payment services directive, that person may continue to provide the services provided before that date until the end of 12th july 2018 without authorisation or registration under these regulations or (in the case of an eea authorised payment institution) the national law transposing the payment services directive. 2 where a person falls within paragraph (1) pursuant to an authorisation under the payment services regulations 2009, until the end of 12th july 2018 or, if earlier, the date on which the person is authorised or registered under these regulations - a any requirement imposed under regulation 7 of the payment services regulations 2009 (imposition of variations) applies in relation to services provided pursuant to this paragraph; b regulations 10 (cancellation of authorisation), 11 (request for cancellation of authorisation) and 12 (variation of authorisation on fca's own initiative) of these regulations apply in relation to the person as if references to authorisation were references to entitlement to provide payment services pursuant to this paragraph; and c the person may not apply for a variation under regulation 8 of these regulations (variation etc. at request of authorised payment institution) before it complies with paragraph (3) of this regulation. 3 where a person falling within paragraph (1) has its head office and its registered office (if any) in the united kingdom and intends to provide payment services on or after 13th july 2018 other than pursuant to regulation 152, the person must before 13th april 2018 - a provide to the fca all information specified in schedule 2 that the person has not previously provided to the fca; or b notify the fca that it has previously provided all such information to the fca. 4 where a person provides information or a notification in accordance with paragraph (3), the fca must treat the information or notification as an application for authorisation made in accordance with regulation 5. 5 in this regulation " first payment services directive " means directive 2007/64/ec of the european parliament and of the council of 13th november 2007 on payment services in the internal market amending directives 97/7/ec , 2002/65/ec , 2005/60/ec and 2006/48/ec and repealing directive 97/5/ec . transitional and saving provisions: small payment institutions 151 1 where a person provides payment services before 13th january 2018 pursuant to a registration as a small payment institution under the payment services regulations 2009 - a that person may continue to provide the services provided before that date until the end of 12th january 2019 without authorisation or registration under these regulations; b any requirement imposed under regulation 7 of the payment services regulations 2009 (imposition of variations) (as applied by regulation 14 of those regulations) applies in relation to services provided pursuant to this paragraph; c regulations 10 (cancellation of registration), 11 (request for cancellation of authorisation) and 12 (variation of authorisation on fca's own initiative) of these regulations, as applied by regulation 15 (supplementary provisions in relation to small payment institutions), apply in relation to the person as if references to registration were references to entitlement to provide payment services pursuant to this paragraph; and d the person may not apply for a variation under regulation 8 of these regulations (variation etc. at request of authorised payment institution) (as applied by regulation 15) before it complies with paragraph (2) of this regulation. 2 if a person falling within paragraph (1) intends to provide payment services on or after 13th january 2019 the person must apply for authorisation or registration under these regulations before 13th october 2018. 3 the fca must exercise its powers under regulation 13(1) and (3) in order to require a person making an application under paragraph (2) to provide to the fca any relevant information not previously provided by the applicant. transitional provisions: payments through network operators 152 1 paragraphs (2) and (3) apply where, before 13th january 2018, a person provides payment services of the type described in paragraph 1(g) of schedule 1 to the payment services regulations 2009 which are also of the type described in paragraph 1(c) of schedule 1 to these regulations pursuant to an authorisation under the payment services regulations 2009. 2 for the purposes of those services, the person is to be treated as an authorised payment institution and the person's entitlement to provide those services is to be treated as an authorisation granted under these regulations. 3 paragraph (2) does not apply on or after 13th january 2020 unless the person has provided evidence to the fca that it holds such own funds as are required under these regulations before that date. 4 paragraphs (5) and (6) apply where, before 13th january 2018, a person provides payment services of the type described in paragraph 1(g) of schedule 1 to the payment services regulations 2009 which are also of the type described in paragraph 1(c) of schedule 1 to these regulations, pursuant to an authorisation under national legislation in another eea state transposing the first payment services directive. 5 for the purposes of those services, the person is to be treated as an eea authorised payment institution and the person's entitlement to provide those services is to be treated as an authorisation granted under such national legislation. 6 paragraph (5) does not apply on or after 13th january 2020 unless the person has provided evidence to its home state competent authority that it holds such own funds as are required under the payment services directive before that date. 7 in this regulation "first payment services directive" has the meaning given in regulation 150(5). transitional and saving provisions: general 153 1 the fca must include in the register a person entitled to provide payment services by regulation 150, 151 or 152 or by this regulation. 2 where a person is entitled to provide payment services by regulation 150, 151 or 152 or by authorisation or registration granted pursuant to an application made under regulation 151(2) or treated as having been made under regulation 150(4) - a any notification that person has given under regulation 21 (outsourcing) of the payment services regulations 2009 is to be treated as a notification given under regulation 25 of these regulations (outsourcing); b any registration of an eea branch of that person under regulation 24 of the payment services regulations 2009 (registration of eea branch) is to be treated as registration of an eea branch under regulation 28 these regulations (decision following notice of intention); c any notification that the person has given under regulation 23 (notice of intention) of the payment services regulations 2009 is to be treated as a notification under regulation 27 of these regulations (notice of intention); d any registration of an agent under regulation 29 (use of agents) of those regulations is to be treated as registration of an agent under regulation 34 of these regulations (use of agents). 3 where a person has made an application or request to the fca under the payment services regulations 2009 before 13th january 2018, and the fca has not determined the application or request before that date, the application or request is to be treated as if it had been made under these regulations on that date. transitional provisions: account information services and payment initiation services 154 1 paragraph (2) applies to a person that - a provided account information services or payment initiation services before 12th january 2016; b continues to provide such services immediately before 13th january 2018; and c but for paragraph (2), would require a new authorisation or registration, or a variation of an authorisation, in order to continue to provide such services on and after 13th january 2018; 2 during the period described in paragraph (3) - a the person may continue to provide the services without a new authorisation or registration, or a variation of an authorisation, in respect of the services, and b services provided as permitted by sub-paragraph (a) are to be treated for the purposes of these regulations and the electronic money regulations 2011 as if they were not account information services or payment initiation services. 3 the period starts on 13th january 2018 and ends at the end of - a the last day of the period of 18 months starting on the date on which the regulatory technical standards adopted under article 98 of the payment services directive come into force; or b if earlier, the date on which - i the fca notifies the person of its decision in relation to an application for authorisation or registration, or for variation of an authorisation, in respect of the services, or ii the person gives the fca notice of the withdrawal of such application. 4 until an account servicing payment service provider complies with the regulatory technical standards adopted under article 98 of the payment services directive in respect of an account, the account servicing payment service provider must not abuse its non-compliance to block or obstruct the use of payment initiation services or account information services in respect of that account. gibraltar application to gibraltar 155 schedule 7, which contains provisions concerning the application of these regulations to gibraltar, has effect. amendments to legislation amendments to primary and secondary legislation 156 schedule 8, which contains amendments to primary and secondary legislation, has effect. revocations 157 an instrument appearing in the first column of the table in schedule 9 is revoked to the extent set out in the corresponding entry in the second column of the table. review review 158 1 the treasury must from time to time - a carry out a review of the regulatory provision contained in these regulations; and b publish the report setting out the conclusions of the review. 2 the first report under this regulation must be published on or before 13th january 2023. 3 subsequent reports must be published at intervals not exceeding five 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 payment services directive is implemented in other countries which are subject to its obligations. 5 section 30(4) of that act 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 that imposes 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). david evennett mark spencer two of the lords commissioners of her majesty's treasury 18th july 2017

citation and commencement 1 1 these regulations may be cited as the ecodesign for energy-related products (amendment) regulations 2017. 2 subject to paragraphs (3) and (4), these regulations come into force on 1st january 2018. 3 regulation 2(3) comes into force on 1st january 2020. 4 regulation 2(4) comes into force on 1st january 2022. amendments to the ecodesign for energy-related products regulations 2010 2 1 the table at paragraph 4 of schedule 1 (declaration of conformity) to the ecodesign for energy-related products regulations 2010 is amended as follows. 2 after item 26 , insert - 27 an air heating product, a cooling product, a high temperature process chiller or a fan coil unit commission regulation (eu) no 2016/2281 implementing directive 2009/125/ec of the european parliament and of the council establishing a framework for the setting of ecodesign requirements for energy-related products, with regard to ecodesign requirements for air heating products, cooling products, high temperature process chillers and fan coil units 3 after item 27 (as inserted by paragraph (2)), insert - 28 a solid fuel boiler commission regulation (eu) no 2015/1189 implementing directive 2009/125/ec of the european parliament and of the council with regard to ecodesign requirements for solid fuel boilers 4 after item 28 (as inserted by paragraph (3)), insert - 29 a solid fuel local space heater commission regulation (eu) no 2015/1185 implementing directive 2009/125/ec of the european parliament and of the council with regard to ecodesign requirements for solid fuel local space heaters claire perry minister of state for climate change and industry department for business, energy and industrial strategy 23rd november 2017

citation and commencement 1 these regulations may be cited as the immigration act 2016 (consequential amendments) (biometrics and legal aid) regulations 2017 and come into force on the commencement of paragraph 1 of schedule 10 to the immigration act 2016. amendment to the immigration and asylum act 1999 2 in section 141 of the immigration and asylum act 1999 (fingerprinting), in subsection (7), in paragraph (b), for the words from "if" to the end of the paragraph substitute "subject to a condition mentioned in paragraph 2(1)(c) or (d) of that schedule if an immigration officer reasonably suspects that b might break the condition". amendments to the legal aid, sentencing and punishment of offenders act 2012 3 1 schedule 1 to the legal aid, sentencing and punishment of offenders act 2012 is amended as follows. 2 in paragraph 26 of part 1 (immigration: temporary admission) - a in the heading of that paragraph, for "temporary admission" substitute "conditions of immigration bail: persons liable to examination or removal"; b for sub-paragraph (1) substitute - 1 civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under - a paragraph 16(1), (1a) or (2) of schedule 2 to the immigration act 1971 (detention of persons liable to examination or removal); b section 62 of the nationality, immigration and asylum act 2002 (detention by secretary of state of persons liable to examination or removal). . 3 in paragraph 27 of part 1 (immigration: residence etc. restrictions) - a in the heading of that paragraph, for "residence etc restrictions" substitute "conditions of immigration bail (deportation)"; b for sub-paragraph (1) substitute - 1 civil legal services provided in relation to conditions of immigration bail where the services are provided to a person who is liable to detention under - a paragraph 2(1), (2) or (3) of schedule 3 to the immigration act 1971 (detention or control pending deportation); b section 36(1) of the uk borders act 2007 (detention pending deportation of criminals). . 4 after paragraph 27 of part 1 (immigration: residence etc. restrictions), insert - immigration: conditions imposed under other provisions 27a 1 civil legal services provided in relation to - a conditions imposed on a person released on bail under paragraph 2(1a) of schedule 3 to the immigration act 1971 (detention or control pending deportation); b conditions imposed on a person under section 71(2) of the nationality, immigration and asylum act 2002 (asylum-seeker: residence, &c. restriction). exclusions 2 sub-paragraph (1) is subject to the exclusions in parts 2 and 3 of this schedule. . 5 in paragraph 8 of part 3 (advocacy in the magistrates' court), omit paragraph (b). 6 in paragraph 11 of part 3 (advocacy before the first-tier tribunal) - a omit paragraph (a) and the "or" following it; b at the end of paragraph (b), insert - , or schedule 10 to the immigration act 2016. . robert goodwill minister of state home office 25th april 2017

citation and commencement 1 this order may be cited as the armed forces and reserve forces (compensation scheme) (amendment) order 2017 and comes into force on 10th april 2017. amendment of the armed forces and reserve forces (compensation scheme) order 2011 2 the armed forces and reserve forces (compensation scheme) order 2011 ("the principal order") is amended as follows. amendment of article 2 (interpretation) 3 in paragraph (1) of article 2 (interpretation) of the principal order - a after the definition of "a commissioner", insert - "constant attendance allowance" means a constant attendance allowance under article 8 of the naval, military and air forces etc. (disablement and death) service pensions order 2006 ; ; b in the definition of "ill-health pension" - i at the end of sub-paragraph (b), omit "or"; ii at the end of sub-paragraph (c) insert "or"; and iii after sub-paragraph (c) insert - d chapter 3 of part 5 of the afps 2015; ; and c after the definition of "member", insert - "mobility supplement" means a mobility supplement under article 20 of the naval, military and air forces etc. (disablement and death) service pensions order 2006 ; . amendment of article 12 (injury and death - other exclusions) 4 for paragraph (2) of article 12 (injury and death - other exclusions) of the principal order, substitute - where a person is in receipt of any retired pay, pension, allowance or other continuing benefit awarded under the naval, military and air forces etc. (disablement and death) service pensions order 2006 in respect of a disablement or death - a that disablement shall not be accepted as an injury, or worsening of injury, caused wholly or predominantly by service for the purposes of this order; b that death shall not be accepted as caused wholly or predominantly by service for the purposes of this order. . amendment of article 24a (award of armed forces independence payment) 5 in paragraph (3) of article 24a (award of armed forces independence payment) of the principal order, for "139.75 per week" substitute "141.10 per week". amendment of article 24c (overlapping benefits) 6 for article 24c (overlapping benefits) of the principal order, substitute - 24c where there is payable to a person, in respect of a period, armed forces independence payment and - a extra-costs disability benefit; b constant attendance allowance; or c mobility supplement, there shall be deducted from the armed forces independence payment the aggregate amount of such benefit, allowance or supplement and only the balance, if any, is to be paid. . amendment of article 24d (payment of armed forces independence payment in respect of motability) 7 in paragraph (2) of article 24d (payment of armed forces independence payment in respect of motability) of the principal order, for "56.75 per week" substitute "58.00 per week". amendment of article 53 (reconsideration) 8 in paragraph (3)(b) of article 53 (reconsideration) of the principal order, after paragraph (iv) insert - v making an interim award under article 52(1). . amendment of schedule 3 (the tariff and supplementary awards) 9 1 schedule 3 (the tariff and supplementary awards) to the principal order is amended as follows. 2 in table 2 (injury, wounds and scarring), after item 68 - a omit - i "(*) a non-freezing cold injury must be diagnosed by a non-treating consultant neurologist."; ii "(*) a descriptor for a freezing cold injury refers to either unilateral or bilateral damage to the upper or lower extremities."; and iii "(a) in items 55a and 65a, a descriptor for a freezing cold injury or non-freezing cold injury refers to either unilateral or bilateral damage to the upper or lower extremities."; and b insert - i "(*) a non-freezing cold injury under item 22a must be diagnosed by a non-treating consultant neurologist."; and ii "(*) a descriptor for a freezing cold injury or a non-freezing cold injury refers to either unilateral or bilateral damage to the upper or lower extremities.". 3 in table 6 (neurological disorders, including spinal, head or brain injuries), after item 27 insert - 27a 11 intra-cerebral haematoma requiring or expected to require decompressive surgery and interval cranioplasty but with poor cosmetic result. . 4 in table 7 (senses), after item 29a insert - 29b 12 post head injury hyposmia or anosmia. . 5 in table 9 (musculoskeletal disorders) - a in item 2, after "osteotomy", insert "or partial"; b after item 16a, insert - 16b 12 radiologically confirmed tarsal or metatarsal avascular necrosis requiring operative intervention. ; and c after item 27, insert - 27a 13 ligament injury which has resulted in full thickness rupture affecting one knee, ankle, shoulder, elbow or wrist from which the claimant has made or is expected to make a substantial recovery within 26 weeks. . mark lancaster parliamentary under secretary of state ministry of defence 23rd february 2017

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 primary legislation) regulations 2017 and come into force, subject to paragraph (2), on the day that section 4 of, and schedules 1 and 3 to, the digital economy act 2017 come fully into force. 2 paragraphs 2 to 7, 9, 29 and 30 of the schedule come into force immediately after schedule 3 to the digital economy act 2017 comes fully into force. 3 these regulations do not extend to the channel islands or the isle of man. 4 subject to paragraph (3), any amendment by these regulations of an enactment has the same extent as the enactment specified. amendments 2 the amendments to public general acts, local acts and northern ireland orders in council specified in the schedule have effect. signed by authority of the secretary of state for digital, culture, media and sport matthew hancock minister of state department for digital, culture, media and sport 14th december 2017

citation and commencement 1 these regulations may be cited as the democratic people's republic of korea (european union financial sanctions) (amendment) (no. 3) regulations 2017 and come into force at 2.00 p.m. on 19th september 2017. amendments to the democratic people's republic of korea (european union financial sanctions) regulations 2017 2 1 the democratic people's republic of korea (european union financial sanctions) regulations 2017 are amended as follows. 2 in regulation 18 (investment and commercial activities) - a in paragraph (3) - i after "joint venture" insert "or a co-operative entity"; ii omit "if that person is engaged in any activities listed in paragraph (7)"; b in paragraph (4), omit "if that person is engaged in any activities listed in paragraph (7)"; and c omit paragraph (7). 3 in regulation 19(6) (transfers of funds) - a at the end of paragraph (a) omit "and"; b at the end of paragraph (b) replace "." with "; and"; and c after paragraph (b) insert - c a reference to a transfer of funds includes the clearing of funds. . 4 in regulation 23(1) (licences) after "17(1)" insert ", 18(3) and (4)". david rutley david evennett two of the lords commissioners of her majesty's treasury at 10.00 a.m. on 19th september 2017

citation and commencement 1 these regulations may be cited as the tonnage tax (training requirement) (amendment etc.) regulations 2017 and come into force on 1st october 2017. application 2 1 these regulations apply for the purposes of calculating the payments in lieu of training for the purposes of the tonnage tax (training requirement) regulations 2000 in respect of a relevant four month period falling after 30th september 2017. 2 in paragraph (1), a "relevant four month period" means a period of four months commencing on 1st february, 1st june or 1st october in any year. amendment of regulations 3 1 the tonnage tax (training requirement) regulations 2000 are amended as follows. 2 in regulation 15(1)(b) (payments in lieu of training) for "1,236" substitute "1,259". 3 in regulation 21(4) (higher rate of payment in case of failure to meet training requirement) for "1,151" substitute "1,172". revocation 4 the tonnage tax (training requirement) (amendment) regulations 2016 are revoked. signed by authority of the secretary of state for transport john hayes minister of state department for transport 4th september 2017

citation 1 these regulations may be cited as the finance act 2016, section 113(1) to (4) (commencement) regulations 2017. provision coming into force on 6th april 2017 2 section 113(1) to (4) of the finance act 2016 (apprenticeship levy: error penalties) comes into force on 6th april 2017. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 9th march 2017

citation and commencement 1 this order may be cited as the high speed rail (london - west midlands) (qualifying authorities) order 2017 and comes into force on 24th february 2017. undertakings given by local authorities 2 the planning authorities specified in the schedule had, on or before the day on which the bill for the high speed rail (london - west midlands) act 2017 was reported from select committee in the house of lords, given the secretary of state undertakings with respect to the handling of planning matters arising under schedule 17 to that act which he considered satisfactory and have not subsequently been released from their undertakings. signed by authority of the secretary of state andrew jones parliamentary under secretary of state department for transport 23rd february 2017

citation and commencement 1 this order may be cited as the brechfa forest wind farm connection (correction) order 2017 and comes into force on 10th march 2017. corrections 2 the brechfa forest wind farm connection order 2016 is corrected as follows. 1 in part 3 of schedule 2 (plans), substitute the table with the following - access and rights of way plans (1) drawing title (2) drawing number (3) revision access and rights of way plans section a key plan - 15/wpd/021 b access and rights of way plans section a plan series - 15/wpd/022 b access and rights of way plans section b key plan - 15/wpd/023 a access and rights of way plans section b plan series - 15/wpd/024 a access and rights of way plans section c key plan - 15/wpd/025 a access and rights of way plans section c plan series - 15/wpd/026 a 2 in part 5 of schedule 2 (plans), substitute the table with the following - design drawings (1)drawing title (2)drawing number (3)revision key plan for design drawings 15/wpd/100 a 132kv overhead line work no. 1 profiles 15/wpd/106 b 132kv overhead line work no. 2 profiles 15/wpd/102 a 132kv overhead line wood pole outlines 15/wpd/103 a design drawings 132kv underground cables 15/wpd/104 a 3 in part 7 of schedule 2 (plans), substitute the table with the following - heritage designations plans (1)drawing title (2)drawing number (3)revision key plan for heritage designations (section a) 15/wpd/033 b key plan for heritage designations (section b) 15/wpd/035 a key plan for heritage designations (section c) 15/wpd/037 a heritage designations plan (section a) 15/wpd/034 b heritage designations plan (section b) 15/wpd/036 a heritage designations plan (section c) 15/wpd/038 a 4 in part 8 of schedule 2 (plans), substitute the table with the following - land plans (1)drawing title (2)drawing number (3)revision land plans section a key plan - 15/wpd/009 b land plans section a plan series - 15/wpd/010 d land plans section b key plan - 15/wpd/011 a land plans section b plan series - 15/wpd/012 d land plans section c key plan - 15/wpd/013 a land plans section c plan series - 15/wpd/014 c 5 in part 9 of schedule 2 (plans), substitute the table with the following - trees and hedges with the potential to be affected plans (1)drawing title (2)drawing number (3)revision trees and hedges with the potential to be affected plans section a key plan - 15/wpd/039 b trees and hedges with the potential to be affected plans section a plan series - 15/wpd/110 b trees and hedges with the potential to be affected plans section b key plan - 15/wpd/041 a trees and hedges with the potential to be affected plans section b plan series - 15/wpd/111 a trees and hedges with the potential to be affected plans section c key plan - 15/wpd/043 a trees and hedges with the potential to be affected plans section c plan series - 15/wpd/044 a 6 in part 10 of schedule 2 (plans), substitute the table with the following - works plans (1)drawing title (2)drawing number (3)revision works plans section a key plan - 15/wpd/015 b works plans section a plan series - 15/wpd/107 d works plans section b key plan - 15/wpd/017 a works plans section b plan series - 15/wpd/109 b works plans section c key plan - 15/wpd/019 a works plans section c plan series - 15/wpd/020 b 7 in requirement 5(4) of schedule 3 (requirements), replace "a/wp/ps/7" with "a/wp/ps/1 sheet 7 of 7", signed by the 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 9th march 2017

part 1 introductory citation, commencement and application 1 1 these regulations may be cited as the regulation of social housing (influence of local authorities) (england) regulations 2017 and come into force on the day after the day on which they are made. 2 these regulations apply in relation to england only. 3 these regulations do not apply to a private registered provider which is - a a wholly-controlled subsidiary of a local authority; and b a non-profit organisation within the meaning of section 115 of the housing and regeneration act 2008 . 4 for the purposes of paragraph (3)(a) a private registered provider is to be treated as wholly-controlled by a local authority if it has no members apart from - a the local authority; b a subsidiary of that authority; or c a person acting on behalf of the authority or a subsidiary of the authority. 5 a person is to be treated as a "subsidiary" of another person for the purposes of paragraph (3) or (4) if any of the conditions in section 271 of the housing and regeneration act 2008 is satisfied. 6 these regulations apply notwithstanding any inconsistent provision either in a contractual arrangement to which the private registered provider is a party or in the private registered provider's constitution. interpretation 2 in these regulations - "appointed day" is the day after the end of the period of six months beginning with the day on which the regulations are made; "board" means - in the case of a charity which is not a registered company, a board of trustees, in the case of a company, a board of directors, and in the case of a registered society, the society's committee ; "constitution" relates to terms set out in any documentation providing for the constitution of a private registered provider; "local authority officer" means an officer appointed to the board of a private registered provider by a local authority. part 2 officers officers of private registered providers 3 1 the percentage of officers of a private registered provider who are local authority officers may not, on or after the appointed day, exceed the designated percentage of the total number of officers who are members of the board. 2 any appointment of a new local authority officer which would result in that percentage being exceeded on or after the appointed day is of no effect. 3 the registered provider must remove a sufficient number of local authority officers to secure that the requirement in paragraph (1) is complied with. 4 the local authority must nominate the local authority officers who are to be removed under paragraph (3); but if it fails to notify the private registered provider of the nomination before the appointed day, the members of the board who are not local authority officers must select by majority vote the persons who are to be removed. 5 for the purposes of this regulation the designated percentage is 24%. further provision in relation to officers 4 any provision in a constitution of a private registered provider that requires one or more local authority officers to be present in order for a meeting of the board of the provider to be quorate shall have no effect on or after the appointed day. part 3 voting rights of local authorities as members voting rights of local authority 5 1 on and after the appointed day a local authority may not hold or exercise any local authority voting rights in relation to a private registered provider. 2 where the constitution of a private registered provider provides for local authority voting rights, that provider must by the appointed day amend that constitution to re-assign those voting rights pro-rata amongst the remaining voting membership. 3 where a constitution has not been amended in accordance with paragraph (2) by the appointed day, such voting rights are deemed from that date to have been re-assigned pro-rata amongst the remaining voting membership. 4 in this regulation "local authority voting rights" mean the voting rights of the local authority itself as a member of the private registered provider. other provisions as to voting rights 6 1 a provision in the constitution of a private registered provider which requires that a resolution of the board be approved other than by a majority of the members of the board is to have effect on and after the appointed day as a provision requiring that the resolution be approved by at least 75% of the votes cast (or such lower percentage as may be specified in the constitution). 2 paragraph (1) does not apply to a private registered provider whose board contains no local authority officers. 3 where the constitution of a private registered provider makes provision for the consent of a local authority in order for a change to the constitution to be effective such provision shall have no effect on or after the appointed day. signed by authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 15th november 2017

part 1 introduction citation and commencement 1 these regulations may be cited as the water abstraction (transitional provisions) regulations 2017 and come into force on 1st january 2018. interpretation 2 1 in these regulations - "the 2006 regulations" means the water resources (abstraction and impounding) regulations 2006 ; "the appropriate authority" means - in relation to england, the secretary of state; in relation to wales, the welsh ministers; "licence" means a licence to abstract water under chapter 2 of part 2. 2 in these regulations - a any reference to a provision is, unless the context otherwise requires, a reference to a provision of the water resources act 1991; b any reference to an application for a licence includes a reference to an application for a variation of an existing licence; c any reference to the grant or refusal of a licence includes a reference to a grant or refusal of a variation of an existing licence. part 2 transitional licence provisions scope of this part 3 1 this part applies to a person who - a in the seven years prior to 1st january 2018 abstracted water - i from a source of supply, or ii from any of the inland waters of the rivers tweed, esk or sark (or their tributaries) in england, and who did not require a licence for that abstraction, or b is a successor to such a person. 2 in paragraph (1)(b), "successor" means a person to whom a person described in paragraph (1)(a) transfers title, where the transfer of title - a is a transfer of title to the property from which water was abstracted as described in paragraph (1)(a), b includes irrevocable transfer of the right to abstract water as described in paragraph (1)(a) from that property, and c has effect on any date during the period beginning 1st january 2018 and ending 31st december 2019. transitional procedures for applications by persons other than the appropriate agency 4 1 this regulation applies where a person to whom this part applies, other than the appropriate agency , applies for a licence before 31st december 2019. 2 where the licence application relates to the abstraction described in regulation 3(1)(a), the application must be made and determined in accordance with the schedule to these regulations instead of in accordance with part 2 of the 2006 regulations. 3 where the licence application relates to an abstraction other than the one described in regulation 3(1)(a), in addition to complying with the requirements of part 2 of the 2006 regulations, that person must - a disclose to the appropriate agency when so applying that they have abstracted water as described in regulation 3(1)(a), and b provide such additional information as the appropriate agency may reasonably require to perform its functions under the 2006 regulations. transitional procedure for applications by the appropriate agency 5 1 paragraph (2) applies where - a this part applies to an appropriate agency by virtue of regulation 3(1), and b that appropriate agency applies for a transfer licence before 31st december 2019. 2 the 2006 regulations apply to that transfer licence application as if the reference in paragraph 2(3)(b)(iv) of schedule 2 to the 2006 regulations requiring the specification of the quantity of water to be abstracted were omitted. continuation of abstraction during transitional period 6 notwithstanding the restriction on abstraction, a person may continue to carry out an abstraction of water described in regulation 3(1)(a) - a if the person applies for a licence in respect of that abstraction, until the date on which that application (including any appeal under section 43 ) is determined, or b if no such application is submitted, until 31st december 2019. register of licences 7 1 the register required to be kept by the appropriate agency under section 189 must contain, for each application for a licence submitted in accordance with this part - a the name and address of the applicant; b the date of the application and brief particulars of its proposals; c particulars of any decision of the appropriate agency or the appropriate authority on the application (including the decision on any appeal) and the date of that decision; d the date of any licence granted; e the date on which that licence expires; f the particulars of any notice of appeal. 2 subject to paragraphs (3) and (4) , the appropriate agency must enter in the register - a the information referred to in paragraph (1)(a) and (1)(b) within 28 days of determining that the application is a valid application (as defined in paragraph 5 of the schedule); b the information referred to in paragraph (1)(c) to (1)(e) within 28 days of a decision on an application; c the information referred to in paragraph (1)(f) within 28 days of receiving a notice of appeal. 3 if any of the information in paragraph (1) falls to be determined under section 191a (national security) and the appropriate authority determines that it should be included in the register, the appropriate agency must enter it within 28 days of receiving notice of that determination. 4 if any of the information in paragraph (1) falls to be determined under section 191b (exclusion from registers of certain confidential information) and is determined not to be commercially confidential, the appropriate agency must enter it in the register - a if no notice of appeal is served, within 28 days of the end of the period within which notice of appeal against that determination may be served; b if a notice of appeal is served, within 28 days of the date on which the appropriate agency receives notification of the determination or withdrawal of the appeal. 5 the appropriate agency must record in the register the date each entry is made. 6 the appropriate agency may keep the register, or any part of it, electronically. part 3 compensation scope of this part 8 1 this part applies to a person who applies for a licence under these regulations. 2 paragraph (1) does not apply to - a a minister of the crown, where "minister of the crown" has the same meaning as in the ministers of the crown act 1975 ; b the welsh ministers; c a public body (including a government department, a local authority and a local planning authority); d a person holding an office - i under the crown, ii created or continued in existence by a public general act, or iii the remuneration in respect of which is paid out of money provided by parliament; e a person who is or is deemed to be a statutory undertaker for the purposes of any provision of part 11 of the town and country planning act 1990 . 3 in paragraph (2) - "local authority" means - in relation to england, a county council, a district council, a parish council, a london borough council, the common council of the city of london or the council of the isles of scilly; in relation to wales, a county council, a county borough council or a community council; "local planning authority" has the same meaning as in part 1 of the town and country planning act 1990 . payment of compensation 9 1 the appropriate agency must pay compensation to any person falling within the scope of this part - a whose application for a licence is - i refused by the appropriate agency, or ii granted by the appropriate agency but in respect of an abstraction of more limited extent than that of the abstraction the person was carrying out in the seven years before the coming into force of these regulations, b whose appeal under section 43 in respect of a decision referred to in sub-paragraph (a) is dismissed by the appropriate authority, c who has suffered loss and damage as a result, and d who applies to the appropriate agency for compensation within the deadline specified in regulation 10 . 2 paragraph (1) does not apply where the reason for a decision referred to in paragraph (1)(a) is that it is necessary - a in order to protect from serious damage - i any inland waters, ii any water contained in any underground strata, iii any underground strata themselves, or iv any flora or fauna dependent on any of paragraphs (i) to (iii), or b to comply with any relevant legal requirement. 3 in paragraph (1) , an abstraction of more limited extent does not include a qn95 hands-off flow constraint or 75% of qn99 hands-off flow constraint on a licence where the licensed abstraction is from a body of inland waters or a body of groundwater where the recent actual flow or quantitative status of the source of supply does not support good ecological potential, good ecological status or good quantitative status. 4 in paragraph (3) - "75% of qn99 hands-off flow constraint" means a licence condition which provides that the licence holder must cease the abstraction if - the flow in the source of supply to which the licence relates, or in the case of groundwater to which the licence relates, the flow in inland waters dependent on that groundwater, is equal to or falls below 75% of the natural flow that is exceeded 99% of the time in that source of supply or inland waters; "good ecological potential" means the ecological status of a heavily modified or an artificial body of water, which meets the classification in annex v to the directive; "good ecological status" means the ecological status of a body of surface water which meets the classification in annex v to the directive; "good quantitative status" means the quantitative status of a body of groundwater which meets the status defined in table 2.1.2 of annex v to the directive; "qn95 hands-off flow constraint" means a licence condition which provides that the licence holder must cease the abstraction if - the flow in the source of supply to which the licence relates, or in the case of groundwater to which the licence relates, the flow in inland waters dependent on that groundwater, is equal to or falls below the natural flow that is exceeded 95% of the time in that source of supply or inland waters. 5 in paragraph (4), "the directive" means directive 2000/60/ec of the european parliament and of the council establishing a framework for community action in the field of water policy . deadline for receipt of applications 10 an application for compensation must be made to the appropriate agency within six years of the determination of the appeal by the appropriate authority under section 44. disputed compensation 11 1 any question of disputed compensation must be referred by the person who made the application for compensation in regulation 10 to the upper tribunal for determination. 2 the provisions of section 4 of the land compensation act 1961 apply, subject to any necessary modifications, in relation to the determination of any such compensation. calculation of compensation 12 1 for the purpose of assessing compensation in respect of loss or damage consisting of depreciation of the value of an interest in land, the rules in sections 5 and 5a of the land compensation act 1961 , so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land. 2 where an interest in land is subject to a mortgage - a compensation is to be assessed as if the interest were not subject to the mortgage; b a claim for compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the mortgagor; c compensation is only payable to any mortgagee of the interest in respect of the interest which is subject to the mortgage; d compensation which is payable in respect of the interest which is subject to the mortgage is to be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee, and must in either case be applied by that mortgagee as if it were the proceeds of sale of the interest. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 30th october 2017 lesley griffiths cabinet secretary for the environment and rural affairs one of the welsh ministers 24th october 2017

citation and commencement 1 these regulations may be cited as the democratic people's republic of korea (european union financial sanctions) (amendment) (no. 4) regulations 2017 and come into force at 1.30 p.m. on 12th october 2017. amendments to the democratic people's republic of korea (european union financial sanctions) regulations 2017 2 1 the democratic people's republic of korea (european union financial sanctions) regulations 2017 are amended as follows. 2 in regulation 18 (investment and commercial activities) - a in sub-paragraph (3) after "establish" insert ", maintain or operate"; and b after sub-paragraph (3) insert - 3a a person is required to close any joint ventures or cooperative entities with a person, entity or body listed in paragraph (6) - a by 9th january 2018; or b within 120 days from the date on which the sanctions committee has denied a request for approval, to continue the joint venture or cooperative entity; whichever is the later. ; c after sub-paragraph (6) insert - 6a in this regulation "sanctions committee" means the committee of the united nations security council established under paragraph 12 of un security council resolution 1718 (2006). david evennett heather wheeler two of the lords commissioners of her majesty's treasury 12th october 2017

citation and commencement 1 this order may be cited as the export control (amendment) order 2017 and comes into force on 22nd february 2017. amendments to the export control order 2008 2 1 the export control order 2008 is amended as follows. 2 in article 2(1), in the definition of "european military items", omit "pl5017 or". 3 in article 26(2) - a for "military goods", substitute "goods, or to transfer software, specified in schedule 2 or 3"; b after "repair of the goods", insert "or software"; and c at the end, insert "or software". 4 in article 28(1), omit "or 30(3)". 5 omit article 30. 6 in article 31 - a in paragraph (1), omit "or 30"; and b in paragraph (2)(a), omit "or 30". 7 in article 38(1)(b), omit ", 30". 8 for schedule 2 to the export control order 2008 (military goods, software and technology), substitute the replacement schedule 2 set out in the schedule to this order. 9 in schedule 3 (uk controlled dual-use goods, software and technology) - a in the definition of "firearm", for "short" substitute "shot"; b in the definition of "parts" - i omit ", and any device designed or adopted to diminish the sound caused by firing a "firearm""; and ii for "received", substitute "receiver". 10 omit schedule 5. mark garnier parliamentary under-secretary of state for international trade department for international trade 27th january 2017

citation and commencement 1 this order may be cited as the glyn rhonwy pumped storage generating station (correction) order 2017 and comes into force on 6th october 2017. corrections 2 the corrections to be made to the glyn rhonwy pumped storage generating station order 2017 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 emily bourne director of energy development unit department for business, energy and industrial strategy 5th october 2017

citation and commencement 1 these regulations may be cited as the infrastructure planning fees (amendment) regulations 2017 and come into force on 6th april 2017. amendment to the infrastructure planning (fees) regulations 2010 2 1 the infrastructure planning (fees) regulations 2010 are amended as follows. 2 in regulation 3(1), for "1,000" substitute "1,500". 3 in regulation 5(2), for "4,500" substitute "6,750". 4 in regulation 6, for paragraph (2) substitute - 2 the pre-examination fee is - a where a single appointed person will handle the application, 19,500; b where a panel of two appointed persons will handle the application, 32,250; c where a panel of three appointed persons will handle the application, 45,000; d where a panel of more than three appointed persons will handle the application, 64,500. 5 in regulation 8, for the definition of "initial payment" in paragraph (2) substitute: "initial payment" in relation to a notice under paragraph (1) means - where the examination is to be handled by a single appointed person, 923 for each estimated relevant day; where the examination is to be handled by a panel of two appointed persons, 1,467 for each estimated relevant day; where the examination is to be handled by a panel of three appointed persons, 2,010 for each estimated relevant day; where the examination is to be handled by a panel of more than three appointed persons, 3,060 for each estimated relevant day. 6 in regulation 9, for paragraph (2) substitute - 2 the final payment is - a where a single appointed person has examined the application, 1,845 for each relevant day; b where a panel of two appointed persons has examined the application, 2,933 for each relevant day; c where a panel of three appointed persons has examined the application, 4,020 for each relevant day; d where a panel of more than three appointed persons has examined the application, 6,120 for each relevant day; less the initial payment referred to in regulation 8. 7 in regulation 10, for "section 35(4b)(a) (directions in relation to projects of national significance)", substitute "section 35za(3)(a) (directions under section 35: procedural matters). ". 8 after regulation 10, insert - fees payable on or after 1st april 2018 12 1 each relevant fee is increased by the appropriate percentage on 1st april 2018, and on 1st april in each subsequent year, if the appropriate percentage is greater than zero 2 the appropriate percentage is the cpi 12-month percentage rate published for the preceding september. 3 the amount of any increase is in pounds sterling, rounded up or down to the nearest pound. 4 in any year, the increase in a relevant fee described in paragraph (1) applies only where the obligation to pay that fee arises on or after 1st april in that year. 5 in this regulation - "the cpi 12-month percentage rate" means the measure of the change in prices between one month and the same month in the subsequent year, published by the statistics board, a body corporate established by section 1 of the statistics and registration service act 2007 ; and "relevant fee" means any fee prescribed in any of regulations 3, 5, 6, 8 or 9. review 13 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 6 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 regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); b assess the extent to which those objectives are achieved; c assess whether those objectives remain appropriate; and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). amendment to the infrastructure planning (changes to, and revocation of, development consent orders) regulations 2011 3 1 the infrastructure planning (changes to, and revocation of, development consent orders) regulations 2011 are amended as follows. 2 for regulation 71, substitute - 71 1 the secretary of state must from time to time - a carry out a review of schedule 2, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 6th 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 regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); b assess the extent to which those objectives are achieved; c assess whether those objectives remain appropriate; and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act.) 3 in paragraph 2(3) of schedule 2, for "4,500" substitute "6,750". 4 in paragraph 3 of schedule 2, for sub-paragraph (3) substitute - 3 the pre-examination fee is - a where a single appointed person will handle the application, 12,750; b where two appointed persons will handle the application, 25,500; c where three appointed persons will handle the application, 38,250; d where more than three appointed persons will handle the application, 57,750. 5 in paragraph 5 of schedule 2, for the definition of "initial payment" in sub-paragraph (2) substitute - "initial payment" in relation to a notice under sub-paragraph (1) means - where the examination is to be handled by a single appointed person, 923 for each estimated relevant day; where the examination is to be handled by two appointed persons, 1,467 for each estimated relevant day; where the examination is to be handled by three appointed persons, 2,010 for each estimated relevant day; where the examination is to be handled by more than three appointed persons, 3,060 for each estimated relevant day. 6 in paragraph 6 of schedule 2, for sub-paragraph (2) substitute - 2 the final payment is - a where a single appointed person has examined the application, 1,845 for each relevant day; b where two appointed persons have examined the application, 2,933 for each relevant day; c where three appointed persons have examined the application, 4,020 for each relevant day; d where more than three appointed persons have examined the application, 6,120 for each relevant day less the initial payment referred to in paragraph 5. 7 after paragraph 7 in schedule 2, insert - fees payable on or after 1st april 2018 8 1 each relevant fee is increased by the appropriate percentage on 1st april 2018, and on 1st april in any subsequent year, if the appropriate percentage is greater than zero. 2 the appropriate percentage is the cpi 12-month percentage rate published for the preceding september. 3 the amount of any increase is in pounds sterling, rounded up or down to the nearest pound. 4 in any year, the increase in a relevant fee described in paragraph (1) applies only where the obligation to pay that fee arises on or after 1st april in that year. 5 in this regulation - "the cpi 12-month percentage rate" means the measure of the change in prices between one month and the same month in the subsequent year, published by the statistics board, a body corporate established by section 1 of the statistics and registration service act 2007 ; and "relevant fee" means any fee prescribed in any of paragraphs 2, 3, 5 or 6 of this schedule. transitional provisions 4 1 regulations 2(4) to (6) and 3(4) to (6) of these regulations do not apply in the case of - a any fee in respect of an application for an order granting development consent made under the 2010 regulations, or b any fee in respect of an application for a change to a development consent order made under the 2011 regulations where that application was made before 6th april 2017. 2 paragraph (1) shall not prevent an application made before 6 april 2017 being considered by two appointed persons, and where it is so considered, the fee to be charged under the 2010 regulations is the fee for consideration by a panel of three appointed persons. 3 any increase in the amount of fees payable by virtue of the provisions made by regulations 2(8) or 3(7) does not apply to any application made before 6th april 2017. 4 in this regulation "the 2010 regulations" means the infrastructure planning (fees) regulations 2010 and "the 2011 regulations" means the infrastructure planning (changes to, and revocation of, development consent orders) regulations 2011. gavin barwell minister of state department for communities and local government 8th march 2017

citation and commencement 1 1 these regulations may be cited as the national health service (quality accounts) (amendment) regulations 2017. 2 these regulations come into force on 1st november 2017. amendment to the national health service (quality accounts) regulations 2010 2 1 the national health service (quality accounts) regulations 2010 ("the 2010 regulations ") are amended as follows. 2 in regulation 4 - a in paragraph (2) , after "items 1 to 11" insert "and 27.1 to 27.9"; b after paragraph (2a), insert - 2b the information prescribed for the purposes of section 8(1) or (3) of the 2009 act includes the information specified in items 27.1 to 27.9 of the table in the schedule for - a national health service trusts specified in section 8(2)(b) of the 2009 act; and b nhs foundation trusts. 2c paragraph (2b) does not apply in relation to any ambulance trust. 2d the quarterly information required in items 27.1 to 27.3 of the table in the schedule may be taken from quarterly information published by providers in response to national guidance. . 3 in regulation 5(1) - a at the end of sub-paragraph (c) omit "and"; b after sub-paragraph (d), insert - and, e for the providers referred to in regulation 4(2b), a statement describing how information required in items 27.1 to 27.3 of the schedule to these regulations is being published each quarter by the providers. . 4 in the schedule to the 2010 regulations , after item 26, insert the following items - 27.1 the number of its patients who have died during the reporting period, including a quarterly breakdown of the annual figure. during [ reporting period ] [ number ] of [ the provider ] patients died. this comprised the following number of deaths which occurred in each quarter of that reporting period: [ number ] in the first quarter; [ number ] in the second quarter; [ number ] in the third quarter; [ number ] in the fourth quarter. 27.2 the number of deaths included in item 27.1 which the provider has subjected to a case record review or an investigation to determine what problems (if any) there were in the care provided to the patient, including a quarterly breakdown of the annual figure. by [ date ], [ number ] case record reviews and [ number ] investigations have been carried out in relation to [number] of the deaths included in item 27.1. in [ number ] cases a death was subjected to both a case record review and an investigation. the number of deaths in each quarter for which a case record review or an investigation was carried out was: [ number ] in the first quarter; [ number ] in the second quarter; [ number ] in the third quarter; [ number ] in the fourth quarter. 27.3 an estimate of the number of deaths during the reporting period included in item 27.2 for which a case record review or investigation has been carried out which the provider judges as a result of the review or investigation were more likely than not to have been due to problems in the care provided to the patient (including a quarterly breakdown), with an explanation of the methods used to assess this. [ number ] representing [ number as percentage of number in item 27.1 ]% of the patient deaths during the reporting period are judged to be more likely than not to have been due to problems in the care provided to the patient. in relation to each quarter, this consisted of: [ number ] representing [ number as percentage of the number of deaths which occurred in the quarter given in item 27.1] % for the first quarter; [ number ] representing [ number as percentage of the number of deaths which occurred in the quarter given in item 27.1] % for the second quarter; [ number ] representing [ number as percentage of the number of deaths which occurred in the quarter given in item 27.1] % for the third quarter; [ number ] representing [ number as percentage of the number of deaths which occurred in the quarter given in item 27.1] % for the fourth quarter. these numbers have been estimated using the [ name, and brief explanation of the methods used in the case record review or investigation ]. 27.4 a summary of what the provider has learnt from case record reviews and investigations conducted in relation to the deaths identified in item 27.3. present the information required as a narrative. 27.5 a description of the actions which the provider has taken in the reporting period, and proposes to take following the reporting period, in consequence of what the provider has learnt during the reporting period (see item 27.4). present the information required as a narrative. 27.6 an assessment of the impact of the actions described in item 27.5 which were taken by the provider during the reporting period. present the information required as a narrative. 27.7 the number of case record reviews or investigations finished in the reporting period which related to deaths during the previous reporting period but were not included in item 27.2 in the relevant document for that previous reporting period. [ number ] case record reviews and [ number ] investigations completed after [ date ] which related to deaths which took place before the start of the reporting period. 27.8 an estimate of the number of deaths included in item 27.7 which the provider judges as a result of the review or investigation were more likely than not to have been due to problems in the care provided to the patient, with an explanation of the methods used to assess this. [ number ] representing [ number as percentage of number in item 27.1 of the relevant document for the previous reporting period ]% of the patient deaths before the reporting period, are judged to be more likely than not to have been due to problems in the care provided to the patient. this number has been estimated using the [ name, and brief explanation of the methods used in the case record review or investigation ]. 27.9 a revised estimate of the number of deaths during the previous reporting period stated in item 27.3 of the relevant document for that previous reporting period, taking account of the deaths referred to in item 27.8 [ number ] representing [ number as percentage of number in item 27.1 of the relevant document for the previous reporting period ]% of the patient deaths during [ the previous reporting period ] are judged to be more likely than not to have been due to problems in the care provided to the patient. signed by authority of the secretary of state. philip dunne minister of state department of health 12th july 2017

part 1 general citation and commencement 1 1 this order may be cited as the cambridgeshire and peterborough combined authority order 2017. 2 save as provided in paragraph (3), this order comes into force on - a 1st february 2017; or b if the order is made on or after 1st february 2017, on the day after the day on which it is made. 3 articles 7 and 12 come into force on 8th may 2017. interpretation 2 in this order - "the 1980 act " means the highways act 1980 ; "the 2000 act " means the transport act 2000 ; "the 2003 act " means the local government act 2003 ; "the 2011 act " means the localism act 2011 ; " area " means the area consisting of the areas of the constituent councils; " combined authority " means the cambridgeshire and peterborough combined authority as constituted by article 3; "constituent councils" means the councils for the local government areas of cambridge, cambridgeshire, east cambridgeshire, fenland, huntingdonshire, peterborough and south cambridgeshire; " local enterprise partnership " means the board of the greater cambridge greater peterborough enterprise partnership limited ; " mayor " means the mayor for the combined authority as provided for by article 5; and "upper-tier authority" means cambridgeshire county council or peterborough city council. part 2 establishment of a combined authority for cambridgeshire and peterborough establishment 3 1 there is established as a body corporate a combined authority for the areas of the constituent councils. 2 the combined authority is to be known as the cambridgeshire and peterborough combined authority. 3 the functions of the combined authority are those functions conferred or imposed upon it by this order or by any other enactment (whenever passed or made), or as may be delegated to it by or under this order or any other enactment (whenever passed or made). constitution 4 the schedule (which makes provision about the constitution of the combined authority) has effect. mayor 5 1 there is to be a mayor for the area. 2 the first election for the return of a mayor is to take place on 4th may 2017. 3 subsequent elections for the return of a mayor for the area are to take place - a on the ordinary day of election in 2021, and b in every fourth year thereafter on the same day as the ordinary day of election. 4 the term of office of the mayor returned at an election for the return of a mayor for the area - a begins with the fourth day after the day of the poll at the election for the return of a mayor for the area, and b ends with the third day after the day of the poll at the next election for the return of a mayor for the area. 5 in this article, "the ordinary day of election", in relation to any year, means the day which is the ordinary day of election in that year of councillors for counties and districts in england as determined in accordance with sections 37 and 37a of the representation of the people act 1983 . funding 6 1 the constituent councils must meet any reasonably incurred costs of the combined authority, other than the costs mentioned in paragraph (2), to the extent that the combined authority has not decided to meet these costs from other resources available to the combined authority. 2 subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably attributable to the exercise of the function specified in article 12(1), 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 such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in equal proportions. 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; and 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 in any calculation of the costs of that expenditure. part 3 transport power to pay grant 7 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 area. 2 these functions are exercisable - a concurrently with a minister of the crown; and b only for the purpose of paying grant to an upper-tier authority. 3 paragraph (4) applies where, in exercising the functions referred to in paragraph (1), the combined authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by an upper-tier authority 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 upper-tier authority has sufficient funds to facilitate the effective discharge of those functions. 5 to comply with paragraph (4), the combined authority must take into account - a any other sources of funding available to the upper-tier authority for expenditure incurred or to be incurred in relation to the exercise of its highway functions; and b the most recent determination by the secretary of state of an amount of grant paid to the upper-tier authority for those purposes. 6 for the purposes of the exercise of the functions of the combined authority referred to in paragraph (1), 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 an upper-tier authority; 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 exercisable by an upper tier authority (in whatever capacity) in relation to the highways for which they are the highway authority . local transport 8 the following functions are exercisable by the combined authority, instead of the upper-tier authorities, in relation to the area - a functions of the upper-tier authorities specified in parts 4 (local passenger transport services) and 5 (financial provisions) of the transport act 1985 ; and b the functions of the upper-tier authorities as local transport authorities specified in part 2 (local transport) of the 2000 act . agreements between authorities 9 1 the functions of the upper-tier authorities 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 area. 2 the functions of the upper-tier authorities as local highway authorities specified in the following provisions of the 1980 act are exercisable by the combined authority in relation to the area - a section 8 (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works) ; b section 62 (general power of improvement) ; c section 64 (dual carriageways and roundabouts) ; d section 65 (cycle tracks); e section 66 (footways and guard-rails etc for publicly maintainable highways) ; f section 68 (refuges); g section 69 (subways) ; h section 70 (footbridges over highways); i section 73 (power to prescribe improvement line for widening street) ; j section 74 (power to prescribe a building line) ; k section 75 (variation of widths of carriageways and footways); l section 76 (levelling of highways); m section 77 (alteration of levels); n section 78 (cutting off of corners); o section 79 (prevention of obstruction to view at corners) ; p section 80 (power to fence highways) ; q section 81 (provision of highway boundary posts); r section 91 (construction of bridge to carry existing highway maintainable at public expense); s section 92 (reconstruction of bridge maintainable at public expense); t section 93 (power to make orders as to reconstruction, improvement, etc of privately maintainable bridges) ; u section 94 (powers of highway authorities and bridge owners to enter into agreements); v section 96 (powers of highway and local authorities to plant trees, lay out grass verges etc); w section 97 (lighting of highways) ; x section 98 (delegation of lighting functions of highway authority); y section 99 (metalling of highways); z section 100 (drainage of highways) ; and aa section 101 (power to fill in roadside ditches etc). 3 the functions specified 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 (further provision as to interpretation) . part 4 additional functions economic development and regeneration functions 10 the functions of the constituent councils specified in the following provisions are exercisable by the combined authority in relation to the area - a section 144 of the local government act 1972 (the power to encourage visitors and provide conference and other facilities) ; and b sections 15za, 15zb, 15zc, 17, 18a(1)(b), 514a and 560a of the education act 1996 (duties and powers related to the provision of education and training for persons over compulsory school age) . general power of competence 11 chapter 1 of part 1 of the 2011 act (general powers of authorities) is to have effect in relation to the combined authority as it has effect in relation to a local authority . general functions of the combined authority exercisable only by the mayor 12 1 the function of the combined authority corresponding to the function in section 31 of the 2003 act (power to pay grant) is a general function exercisable only by the mayor . 2 for the purposes of the exercise of the general function mentioned in paragraph (1) - a the mayor must consult the combined authority before exercising the function; and b members and officers may assist the mayor in the exercise of the function. 3 subject to paragraphs (4) and (5), the mayor may do anything that the combined authority may do under chapter 1 of part 1 of the 2011 act (general powers of authorities). 4 any exercise by the mayor of the general power conferred by paragraph (3) which involves the transfer of property, rights and liabilities of the combined authority to or from any of the constituent authorities requires the consent of - a all members of the combined authority appointed by the constituent councils, or b substitute members acting in place of those members. 5 any exercise by the mayor of the general power conferred by paragraph (3) which involves the preparation and publication of a document including a statement formulating the mayor's strategy for spatial development in the area requires the consent of - a all members of the combined authority appointed by the constituent councils, or b substitute members acting in place of those members. 6 for the purpose of paragraphs (4) and (5), the consent must be given at a meeting of the combined authority. incidental provisions 13 the following provisions have effect in relation to the combined authority as if it were a local authority - a section 113 of the local government act 1972(power to place staff at the disposal of other local authorities) ; b section 142(2) of the local government act 1972 (power to arrange for publication of information etc relating to the functions of the authority) ; and c section 222 of the local government act 1972 (power to prosecute and defend legal proceedings) . 14 1 the combined authority shall have the power to exercise any of the functions described in section 88(1)(a) and (b) of the local government act 1985 (research and collection of information) whether or not a scheme is made under that section. 2 for the purposes of paragraph (1), paragraphs (a) and (b) of section 88(1) of the local government act 1985 have effect as if a reference to "that area" were a reference to the area. 15 section 13 of the local government and housing act 1989 (voting rights of members of certain committees) has effect in relation to the combined authority as if - a in subsection (4) after paragraph (h) there were inserted - i subject to subsection (4a), a committee appointed by the cambridgeshire and peterborough combined authority. ; and b after subsection (4) there were inserted - 4a a person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee shall for all purposes be treated as a non-voting member of that committee or sub-committee unless that person is a member of one of the constituent councils as defined by article 2 of the cambridgeshire and peterborough combined authority order 2017. 16 in part 2 of schedule 3 (pension funds) to the local government pension scheme regulations 2013 , at the end of the table insert - an employee of the cambridgeshire and peterborough combined authority established by the cambridgeshire and peterborough combined authority order 2017 cambridgeshire county council. 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

part 1 preliminary citation and commencement 1 this order may be cited as the folkestone harbour revision order 2017 and shall come into force on 1st august 2017. interpretation 2 1 in this order "the 1991 order " means the sealink (transfer of folkestone harbour) harbour revision order 1991 ; "the act of 1807 " means the act for constructing a pier and harbour at or near the town of folkestone in the county of kent enacted on 25th july 1807 ; "the act of 1818 " means the act for altering and amending the act of 1807, and for other purposes, enacted on 19 march 1818 ; "the act of 1844 " means the act to enable the south-eastern railway company to complete and maintain a branch railway and approach to the harbour of folkestone, and for other purposes, enacted on 4th july 1844 ; "the act of 1847 " means the harbours, docks and piers clauses act 1847 ; "the act of 1885 " means the south eastern railway (various powers) act 1885 ; "the act of 1992 " means the folkestone harbour act 1992 ; "the area of works" means the area within the limits of deviation and the revetment working area and the parts of the inner harbour and the outer harbour in the immediate vicinity of buildings being constructed in accordance with article 4(4); " the company " means folkestone harbour company limited which is registered in england and wales with the number 02447559; "the deposited plans", "the deposited sections" and "the deposited map" mean respectively the plans, sections and map (numbered sheets hro1 to hr05) prepared in duplicate, each signed on behalf of the marine management organisation and marked "folkestone harbour revision order 2017 plans, sections and map", one copy of which is deposited at the offices of the marine management organisation and the other at the office of the company at port office, folkestone harbour, kent ct20 1qh; "general direction" means a direction given or proposed to be given under article 27; "the harbour" means folkestone harbour as comprised within the harbour limits; "the harbour arm" means the pier projecting into the sea in a south-easterly and easterly direction from the south-eastern end of south quay and on which stands a lighthouse at its tip; "the harbour limits" means the limits of the harbour specified in article 20; "the harbour limits map" means the deposited map numbered sheet hr05 and titled "harbour limits map"; "the harbour master" means a person appointed as such by the company and includes his deputies and assistants and any other person for the time being authorised by the company to act, either generally or for a specific purpose, in the capacity of harbour master; "harbour premises" has the meaning given by article 20(5); "high water" means mean high water spring tides; "the level of high water" means the level of mean high water spring tides; "the limits of deviation" means the limits of deviation for the works shown on the deposited plans; "maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" shall be construed accordingly; "master", in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being; "owner" in relation to any vessel, includes any part-owner, any charterer (including but not limited to a charterer by demise) or any mortgagee in possession of the vessel; "personal watercraft" means any watercraft (not being a structure which by reason of its concave shape provides buoyancy for the carriage of persons or goods) propelled by a jet engine or other mechanical means of propulsion and steered either - by means of a handlebar-operated linkage system (with or without a rudder at the stern); or by the person or persons riding the craft using body weight for the purpose; or by a combination of the methods referred to in paragraphs (a) and (b); "the revetment working area" means the area labelled "revetment working area and temporary rock storage" on sheet hr02 of the deposited plans; "special direction" means a direction under article 30; "tidal work" means so much of any work authorised by this order as is on, under or over tidal waters or tidal lands below the level of high water; " trinity house " means the corporation of trinity house of deptford strond; "the undertaking" means the undertaking of the company at the harbour as authorised from time to time; "vessel" means a ship, boat, raft or water craft of any description and includes non-displacement craft, personal watercraft, seaplane and any other thing constructed or adapted for floating on or being submerged in water (whether permanently or temporarily) and a hovercraft, hydrofoil vessel or any other amphibious vehicle, used or capable of being used as a means of transportation on water; and "the works" means the works authorised by this order or, as the case may require, any of, or any part of, those works. 2 all situations, distances, points, coordinates, directions, areas, lengths, dimensions or other measurements stated in this order (other than the limits of deviation) shall be construed as if the words "or thereabouts" were inserted after each such situation, distance, point, coordinate, direction, area, length, dimension or other measurement and distances between points on a work shall be taken to be measured along that work. 3 coordinates specified in this order are in degrees, minutes and decimals of minutes and shall be construed as references to wgs84 coordinates. 4 in paragraph (3) "wgs84" means the world geodetic system, revised in 1984 and further revised in 2004. incorporation of the harbours, docks and piers clauses act 1847 3 1 the act of 1847 (except sections 6 to 25, 28, 31, the proviso to section 32, 48 to 50, 67, 77, 81, 82, 86 to 90, 97 to 103 and so much of the proviso to section 83 as follows the words "the special act"), so far as applicable to the purposes, and not inconsistent with, the provisions of this order, is incorporated with, and forms part of this order subject to the modifications stated in paragraphs (2) to (6). 2 section 33 shall not apply to the harbour arm, the work authorised by article 4, or south quay except so much of its northern face as faces those parts of the harbour to the west of east pier and the north of south quay known as the inner harbour and the outer harbour. 3 section 63 shall have effect subject to the modification that for the words from "liable to" to the end of the section there are substituted the words "be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale". 4 section 69 shall have effect subject to the modification that for the words from "shall forfeit" to the end of the section there are substituted the words "shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale". 5 section 85 shall have the effect as if for the words from "in the prescribed manner" to the end of the section there were substituted the words "by the secretary of state". 6 in construing the provisions of the act of 1847 as incorporated with this order - a the expression "the special act" means this order, the expression "the undertakers" means the company and the expression "the harbour, dock, or pier" shall mean the harbour; b the expression "limits" and "the prescribed limits" mean the harbour limits; c for the definition of the word "vessel" in section 3 of the act of 1847 there shall be substituted the definition of that word in article 2 (1) of this order; and d the reference in section 53 of the act of 1847 to notice of a direction by the harbour master served upon a vessel shall not be construed as requiring the notice to be in writing. 7 the words "and the harbours, docks and piers clauses act 1847" in section 2, and section 57, of the act of 1885 and article 8(3) of the 1991 order are revoked. part 2 works power to construct works 4 1 subject to the provisions of this order, the company or others acting on its behalf may, in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown on those plans and according to the levels shown on the deposited sections, construct and maintain the works described as follows with all necessary works and conveniences connected with or incidental to them - a concrete wave wall and retaining wall fronting south quay to the north of the harbour arm commencing at 5104.6780'n 0111.3748'e and extending in a north north-easterly direction to 51 o 04.7395'n 01 o 11.3970'e and then along a curved path in a northerly direction around to a west south-westerly direction to 5104.7430'n 0111.3887'e, together with a rock revetment disposed about a crest line commencing at 5104.6742'n 0111.3779'e and extending in a north north-easterly direction to 5104.7297'n 0111.3980'e and then along a curved path in a northerly direction around to a west north-westerly direction to 5104.7331'n 0111.3949'e. the overall rock revetment extends 19 metres seaward of the crest to its toe and along most of its length extends five metres landward of its crest to the wave wall. 2 the company may, for the purposes of the works authorised by paragraph (1), demolish and remove any structures or apparatus lying within the limits of deviation and may by means of the works, enclose and reclaim so much of the bed of the sea and the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking. 3 subject to the provisions of this order, the company may, within the limits of deviation, from time to time reconstruct, extend, enlarge, renew, alter, add to, replace or re-lay the works authorised by paragraph (1) and may maintain the same as reconstructed, extended, enlarged, renewed, altered, added to, replaced or re-laid. 4 the company may construct or permit the construction of buildings on the western quay of the inner harbour extending above part of the inner harbour and on south quay eastwards of reference point 5104.7272'n 0111.2844'e extending above part of the outer harbour. power to make subsidiary and accommodation works 5 1 subject to the provisions of this order, the company may from time to time construct, lay down, place, remove, replace, work or use and maintain whether temporarily or permanently - a within the limits of deviation all such works, conveniences, appliances and apparatus and take such measures as it from time to time deems necessary or expedient for the purposes of or in connection with or incidental to the construction, maintenance and use of the works authorised by article 4; and b within the harbour such works for the accommodation or convenience of vessels as it thinks fit, including, without prejudice to the generality of the foregoing, pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buoys, bollards, navigation marks and lights. 2 in the course of erecting, constructing, laying down, placing, removing and replacing the works the company may carry out construction activity, including the temporary placing or storage of plant, equipment and rock, within the limits of deviation and the revetment working area. period for commencement of works 6 1 subject to paragraph (2), if the works in article 4 are not substantially commenced within ten years from the coming into force of this order or such extended time as the secretary of state may on the application of the company allow, then on the expiration of that period or such extended time (as the case may be) the powers granted by this order to the company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced. 2 nothing in paragraph (1) shall apply to works carried out under paragraph (3) of article 4 or article 5. works to be within district of shepway, etc. 7 1 so much of the works as are beyond mean low water shall be deemed to be within a the district of shepway; b the local justice area of east kent; and c the folkestone harbour ward. 2 during the period between the coming into force of this order and the date when the works have been completed each of the areas mentioned in paragraph (1) above shall be deemed to include all lands beyond mean low water which are within the limits of deviation. 3 nothing in this article shall require the performance of any functions under the ordnance survey act 1841 until the company has certified in writing to the director general of ordnance survey that the works have been completed. 4 in paragraph (2) "mean low water" means the level of mean low water neap tides. power to deviate 8 subject to the provisions of this order, in the construction of the works authorised by article 4(1), the company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation, and may deviate vertically from the levels of the works as shown on the deposited sections to any extent not exceeding three metres upwards or to any extent downwards as may be found necessary or convenient. power to dredge 9 1 the company, for the purposes of constructing and maintaining the works and of affording access to the harbour or otherwise for the improvement of the harbour, may from time to time deepen, widen, dredge, scour, cleanse, alter and improve the bed of the sea and foreshore of the harbour and approaches to the harbour. 2 subject to paragraph (3) all materials dredged up or removed by the company in exercise of the powers of this article shall be the property of the company and may be used, appropriated, sold, deposited or otherwise disposed of as the company may think fit. 3 no such materials referred to in this article shall be laid down or deposited in any place below the level of high water otherwise than in such places and under such conditions and restrictions as may be approved of or prescribed by the secretary of state. fine for obstructing works 10 any person who intentionally obstructs any person acting under the authority of the company in setting out the lines of, or in constructing the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, and shall in addition be liable to repay to the company as a debt any expenses incurred by them in making good any damage resulting from such obstructions, interference, moving or removal. survey of tidal works 11 the secretary of state may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expense incurred by him in such a survey and examination shall be recoverable from the company as a debt. provision against danger to navigation 12 1 in the case of injury to, or destruction or decay of, a tidal work or any part of it, the company must as soon as reasonably practicable notify trinity house and must lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as trinity house may from time to time direct. 2 if the company fails to notify trinity house as required by this article, or to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. abatement of works abandoned or decayed 13 1 where a tidal work is abandoned, or has fallen into decay, the secretary of state may by notice in writing require the company at its own expense either to repair and restore the work or any part of it, or to remove the work and restore the site to its former condition, to such an extent and within such limits as the secretary of state thinks proper. 2 where a work consisting partly of a tidal work and partly of works vested in the company on or over land above the level of high water is abandoned or has fallen into decay and that part of the work on or over land above the level of high water is in such a condition as to interfere, or to cause reasonable apprehension that it may interfere, with the right of navigation or other public rights over the foreshore, the secretary of state may include that part of the work, or any portion of it, in any notice given under this article. 3 if, on the expiration of 30 days from the date when a notice under this article is served upon the company, it has failed to comply with the requirements of the notice, the secretary of state may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the company as a debt. permanent lights on tidal works 14 1 the company must at the outer extremity of every tidal work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as trinity house may from time to time direct. 2 if the company fails without reasonable excuse to comply in any respect with a direction given under this article it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. lights on tidal works during construction 15 1 the company must, at or near a tidal work during the whole time of its construction, reconstruction, alteration, replacement or re-laying, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the secretary of state may from time to time direct. 2 if the company fails to comply in any respect with a requirement of a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine. part 3 temporary closure of harbour temporary closure of area of works 16 1 for the purpose of carrying out the works the company may irrespective of anything in any enactment temporarily close the area of works to vessels at such places within the harbour as the company may think appropriate. 2 irrespective of anything contained in this order, the area of works must not be closed to vessels for a continuous period longer than two years. notice of closure and removal of vessels from area of works 17 1 before exercising the power conferred on it by article 16 temporarily to close an area of works to vessels the company must - a publish a notice of the intention to temporarily close part of the harbour in the london gazette and once in each of two successive weeks in a local newspaper circulating in shepway, with an interval between the dates of publication of not less than six clear days; b display a copy of the notice in a visible position in the harbour; and c notify the secretary of state in writing of the company's intention temporarily to close part of the harbour. 2 each of the notices must - a state that the company intends temporarily to close the area of the works to vessels; and b specify a date, which must be a date not earlier than one month after the date of the latest of the three publications, by which all vessels must be removed from the area of works. 3 if the master of a vessel within the area of works does not remove the vessel before the date specified under paragraph (2)(b) the harbour master may cause the vessel to be removed from the area of works and moored or laid in another place where it may without injury be moored or laid and any expenditure incurred by the company in removing the vessel shall be recoverable from the master of the vessel as a debt. 4 the powers conferred on the harbour master and the company by this article are in addition to and without prejudice to the powers relating to the removal of vessels conferred upon them by sections 64 and 65 of the act of 1847. vessels entering the area of works after date of closure 18 if a vessel enters the area of works after the date specified under paragraph (2)(b) of article 17, during the period of temporary closure the harbour master may direct the master of the vessel immediately to remove the vessel from the area of works, and if the master of the vessel does not immediately comply with the directions the provisions of paragraph (3) and (4) of article 17 shall apply to and in respect of the vessel as if the vessel had been within the area of works before the date specified under paragraph (2)(b) of article 17. part 4 management and regulation of harbour general powers in respect of harbour 19 1 the company may, subject to the provisions of this order, take such steps as it considers necessary or desirable for the improvement, maintenance and management of the harbour and the facilities afforded therein or in connection therewith. 2 for those purposes, and without prejudice to the generality of paragraph (1), the company may - a improve, maintain, regulate, manage, mark and light the harbour and provide services and facilities therein; b subject to obtaining the necessary rights in or over land - i execute and place in and over the harbour such structures, works and equipment as are required; and ii maintain, renew, alter, extend, demolish and reconstruct structures, works and equipment in the harbour (including those executed or placed pursuant to sub-paragraph (i) above; c nourish, replenish and otherwise alter the levels of beaches or improve the foreshore; and d do all other things which in its opinion are expedient to facilitate the proper carrying on or development of the undertaking. 3 no other provision of the folkestone harbour acts and orders 1807 to 2017 shall prejudice or derogate from the generality of this article. 4 in paragraph (3) "the folkestone harbour acts and order 1807 to 2017" means the act of 1807, the act of 1818, the act of 1844, the act of 1885, the 1991 order, the act of 1992 and this order. limits of harbour 20 1 the limits of the harbour within which the company exercises jurisdiction as a harbour authority and the harbour master exercises his powers are - a the area described in the schedule; and b so much of the harbour premises as is not situated within that area. 2 the area described in paragraph (1)(a) is, for the purpose of identification only, shown edged red and coloured pink on the harbour limits map. 3 section 9 of the act of 1885 has effect subject to this article. 4 in the event of a discrepancy between the description of the boundaries of the harbour referred to in this article and the boundaries shown on the harbour limits map the descriptions of the boundaries shall prevail over the harbour limits map. 5 in this article - "harbour premises" means - the piers, harbour walls, berths, jetties, slipways, landing platforms, wave walls, rock revetments and other works for the time being leased to or occupied by the company as part of the harbour; so much of the land immediately to the north of the inner harbour and outer harbour as is within land registry title number k721157 and is for the time being leased to or occupied by the company for the purposes of the harbour; the premises for the time being leased to or occupied by the company for the purposes of the harbour master's offices; and the part of south quay north of an imaginary straight line drawn along the upper level northern face of the quay between the railway viaduct and north-eastern corner of the quay for the time being leased to or occupied by the company for the purposes of the harbour; and "the harbour limits map" has the meaning given by article 2(1). as to use of harbour 21 1 notwithstanding anything in article 3 or in any other local enactment the company may from time to time set apart and appropriate any part of the harbour for the exclusive, partial or preferential use and accommodation of any particular trade, activity, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the company thinks fit. 2 no person or vessel shall, otherwise than in accordance with the terms, conditions and regulations of the setting apart or appropriation, make any use of any part of the harbour so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the company and - a the harbour master, or as the case may be such officer, may order any person or vessel making use of the harbour without such consent to leave or be removed; and b the provisions of section 58 of the act of 1847 shall extend and apply with the necessary modifications to and in relation to any such vessels. 3 nothing in this article shall authorise the prohibition of navigation within any part of the harbour, nor shall it authorise interference with any public right of way. removal of vehicles or vessels 22 1 if a vehicle or vessel is left without the permission of the company a in any place where it is likely to obstruct or interfere with the use of the harbour; or b in any part of the harbour premises where the parking of vehicles or vessels is prohibited by notice erected by the company; the company may, at the risk of the owner, remove the vehicle or vessel or cause it to be removed. 2 any notice erected under paragraph (1)(b) must be conspicuously posted in or close to the place to which is relates. 3 where the company in exercise of the powers of this article removes a vehicle or vessel or causes it to be removed it must as soon as practicable report that fact to a constable or to a police station. 4 the expenses of and incidental to the removal of a vehicle or vessel under this article shall be recoverable from any person responsible. 5 for the purposes of paragraph (4) "person responsible" means - a the owner of a vehicle or vessel at the time when it was left in the place from which it was removed under paragraph (1), unless the owner shows that the owner was not concerned in, and did not know of its being left there; or b any person by whom the vehicle or vessel was left in that place. 6 if the company in exercise of the powers of this article removes a vehicle to a place not readily visible from the place whence it is so removed, it must, if and as soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the road vehicles (registration and licensing) regulations 2002 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that it has exercised the powers of this article and of the place to which the vehicle has been removed. 7 a notice stating the general effect of paragraph (1) must be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the harbour. removal of obstructions other than vehicles or vessels 23 1 without prejudice to its powers under this order or any other enactment, the company may remove anything (other than a vehicle or vessel) but including a wreck within the meaning of part ix of the merchant shipping act 1995 , in, or on land adjoining, the waters of the harbour or the approaches thereto - a which is causing, or likely to cause, an obstruction to, or interference with, navigation; b which is causing, or likely to cause, interference with the operation of any works of the company, or damage to any such works or to any property; or c which is in the harbour without lawful authority; and may take such steps as appear to it to be appropriate to prevent or minimise such obstruction, interference or damage. 2 where the company - a removes anything under paragraph (1); and b can readily identify its owner or a person whom it reasonably believes to be its owner; the company must, within 28 days of its coming into its custody, give written notice to that person stating that, upon proof of ownership to the reasonable satisfaction of the company, possession may be retaken at a place named in the notice within the period specified in the notice (being not less than 14 days after the notice is served) and, if possession of the thing removed is not so retaken, it shall at the end of that period vest in the company. 3 the company may, at such time and in such manner as it thinks fit - a dispose of anything removed under paragraph (1) in the case of which paragraph (2) does not apply; or b notwithstanding paragraph (2), dispose of anything so removed which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience. 4 if anything disposed of by the company under this article is sold, the company may retain out of the proceeds of sale any expenses incurred by it under this article, and any surplus - a must be paid to any person who within three months from the time when the thing came into the custody of the company proves, to the reasonable satisfaction of the company, ownership thereof by that person at that time; or b if within the said period no person proves ownership in accordance with sub-paragraph (a) shall vest in the company. 5 if the proceeds of the sale of anything removed under this article are insufficient to reimburse the company for the said expenses, or there is no sale, the company may recover as a debt the deficiency, or, where there is no sale, the whole of the expenses, from the person who was the owner at the time when the thing removed came into the custody of the company or who was the owner at the time of its abandonment or loss. byelaws 24 1 the company may from time to time make byelaws for the management and regulation of the harbour and, without prejudice to the generality of the foregoing, for all or any of the following purposes - a for regulating the use, operation and superintendence of the harbour and the berths, pontoons, stagings, quays, jetties, piers, walkways, bridges, approaches, slipways, landing places, berthing heads, boat lifts, mooring posts, buildings, parking places and other works and facilities (including moorings) in the harbour; b for regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods within the harbour; c for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour; d for regulating the conduct of all persons in the harbour, not being members of a police force or officers or servants of the crown or members of a fire and rescue authority acting in pursuance of the fire and rescue services act 2004 whilst in the exercise of their duties as such; e for regulating the placing, laying down, maintenance and use of moorings and for prescribing the patterns and specifications of moorings in the harbour; f for preventing or removing obstructions or impediments within the harbour; g for regulating the launching of vessels with the harbour; h for regulating or prohibiting the mooring, berthing, careening, beaching, maintenance and repair or anchoring and presence and keeping of vessels in the harbour; i for regulating or preventing the use in the harbour or on board a vessel in the harbour of fires, lights or other equipment, tools or appliances which the company considers involves a risk of fire and for the prevention of smoking; j for prohibiting or regulating the removal or disposal of rubbish (including ballast, earth or clay or other refuse or polluting liquid) and sewage from vessels in the harbour; k for prohibiting the use or regulating the movement, speed and parking of vehicles in the harbour; l for requiring the use of effectual silencers and the general control of noise on vessels in the harbour; m for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality of the foregoing, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour; n for regulating the embarkation of persons into, or their disembarkation from, vessels in the harbour; o for regulating the fuelling of vessels in the harbour; p for regulating the holding of regattas and other public events in the harbour; q for prescribing the lights and signals to be exhibited or made - i by vessels aground in the harbour; ii by vessels or devices used for marking obstructions in the harbour; or iii for assisting the navigation of vessels in the harbour, at the entrance to a dock or at a wharf, pier or other work; r for the prevention of nuisances in the harbour; s for preventing or regulating the discharge by land or sea of any material or thing in the harbour or the approaches to it; t for regulating or preventing fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, or other installation or structure of any kind in the harbour, or from vessels in the harbour; u for regulating or preventing aquaplaning, parascending, water skiing or other recreational activities involving towing, surfing, or diving or other underwater activities in the harbour; v for regulating or preventing bathing, and for securing the protection of bathers, in the harbour; w for requiring the reporting of accidents and of other incidents giving rise to the risk of death or injury, or damage to property, occurring in the harbour; x for regulating or prohibiting the carrying on of trading or commercial activities in the harbour; y for making the carrying out of specified harbour operations, or the conduct of persons in the harbour, subject to the approval (with or without conditions), control or direction of the harbour master; z for regulating the use in the harbour of yachts, sailing boats, rowing boats, pleasure craft, windsurfing boards, personal watercraft and other small vessels; aa for prohibiting or restricting the bringing of animals onto harbour premises and for regulating the control of animals in the harbour; bb for the conservation of flora and fauna in the harbour; cc in relation to vessels other than pleasure vessels to impose requirements as to the standards of competence and experience required by persons navigating or working with the vessels, and requirements as to the number, competence and experience of their crew, and the standard of seaworthiness of the vessels; dd for regulating the equipment of vessels and requiring vessels to carry specified equipment in the interests of safety; ee for regulating or preventing the use by vehicles of the foreshore within the harbour; ff for regulating the use of or requiring the registration of ferries, water taxis and passenger boats in the harbour and the conduct of boatmen, ferrymen and others plying for hire or engaged in navigating in the harbour and of persons resorting to any works constructed or operated by the company; and gg for regulating the exercise of the powers vested in the harbour master. 2 in this article "signals" includes sound signals. 3 byelaws made under this article, under section 83 of the act of 1847 and under or by virtue of the act of 1807 or the act of 1844, may a provide for imposing upon persons offending against them, or against any condition, requirement or direction imposed, made or given under such byelaws, fines not exceeding level 3 on the standard scale; b relate to the whole of the harbour or to any part of it; c make different provisions for different parts of the harbour or in relation to different classes of vessels or vehicles; or d make different provision for different circumstances. 4 byelaws under this article may authorise the imposition of reasonable charges by the company for assessing standards of competence and experience and for issuing any relevant certificates and endorsements required by such byelaws. 5 in proceedings for an offence against byelaws made by the company under this article, or section 83 of the act of 1847 or under or by virtue of the act of 1807 or the act of 1844, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence. 6 the powers of this article are in addition to the powers conferred by section 83 of the act of 1847 and under or by virtue of the act of 1807 and the act of 1844. 7 in paragraph (1)(z) "windsurfing board" means a board with a sail or sails designed to be operated by a person or persons standing upright on it. confirmation of byelaws 25 1 byelaws made by the company under this order or section 83 of the act of 1847 or under or by virtue of the act of 1807 or the act of 1844 shall not come into operation until they have been confirmed by the secretary of state. 2 at least one month before an application for confirmation of byelaws is made by the company to the secretary of state notice of the intention to apply for confirmation and of the place at which and times during which a copy of the byelaws will be open to inspection must be published in one or more newspapers. 3 such notice must include reference to the right to make objection or representation referred to in paragraph (7). 4 not later than the first date on which the notice under paragraph (2) is published, the company must send a copy of the notice to the chief executive officer of shepway district council and to the secretary of state. 5 during a period of at least one month before application is made for confirmation of the byelaws, a copy of the byelaws must be kept by the company at the office of the harbour master and must at reasonable hours be open to public inspection without payment. 6 the company must supply a copy of the byelaws or of part of the byelaws to a person who applies for it on payment of a reasonable charge as determined by the company. 7 during the period of one month after completion of the publication of the notice required by paragraph (2), a person may make in writing to the secretary of state an objection to or representation respecting the byelaws to which the notice relates. 8 subject to paragraph (9), the secretary of state may confirm the byelaws in the form submitted to him, with such modifications as he thinks fit, or may refuse to confirm them. 9 where the secretary of state proposes to make a modification that appears to him to be substantial, he must inform the company and require it to take any steps the secretary of state considers necessary for informing persons likely to be concerned with the modification, and the secretary of state must not confirm the byelaws until such period has elapsed as the secretary of state thinks reasonable for consideration of, and comment upon, the proposed modification by the company and by other persons who have been informed of it. 10 a copy of the byelaws when confirmed must be printed and deposited by the company at the office of the harbour master and must at all reasonable hours be open to public inspection without payment, and a copy of the byelaws must on application be furnished to any person on payment of such reasonable charge as the company may determine. application of byelaws of the company 26 all byelaws, rules and regulations made in relation to the harbour for the time being in force shall apply to the works and within the harbour limits and may be enforced by the company accordingly. power to give general directions as to use of the harbour, etc. 27 1 the company may, in accordance with the requirements of article 28, give a direction for - a the ease, convenience or safety of navigation; b the safety of persons; or c the protection of property, flora or fauna; in the harbour. 2 a direction under this article may apply - a to all vessels or to a class of vessels; b to persons designated in the direction; c to the whole of the harbour or to a part; or d at all times or at certain times or at certain states of the tide; and every direction must specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b), (c) and (d). 3 the company may, in accordance with the requirements of article 28, amend or revoke a direction given under paragraph (1). procedure for giving, amending or revoking general directions 28 1 subject to paragraph (7), if the company proposes to give, amend or revoke a general direction ("the proposal"), it must - a give notice in writing of the proposal to the chamber of shipping and the royal yachting association and to such other persons or organisations as it considers appropriate for the purposes of the application of this provision ("designated consultees"); b consult with the designated consultees upon the proposal and allow a period of not less than 6 weeks from the date of the notice given in accordance with sub-paragraph (a) for written representations to be made by the designated consultees to the company regarding the proposal; c have regard to any representations made by designated consultees during the consultation; d give notice in writing to the designated consultees following the consultation as to whether the company proposes to proceed with the proposal and, if so, specifying whether it is making any modifications to the proposal and its reasons for so doing; and e if the company proposes to proceed with the proposal and a designated consultee has made representations against the proposal, invite that designated consultee to confirm in writing whether they maintain their objection to the proposal within 28 days from the date of the notice given in accordance with sub-paragraph (d), or such longer periods as the company may specify. 2 where the company has complied with paragraph (1), it may proceed with the proposal if - a none of the designated consultees has made representations against the proposal; b none of the designated consultees which made representations against the proposal has confirmed in writing that they are maintaining their objection to the proposal in accordance with paragraph (1)(e); or c where at least one designated consultee has maintained an objection in accordance with paragraph (1)(e), the requirements of paragraph (3) have been complied with. 3 where at least one designated consultee has confirmed in writing to the company that they maintain their objection to the proposal - a the issue must be referred to an independent person ("the adjudicator") appointed - i by agreement between the company and each designated consultee maintaining an objection in accordance with paragraph (1)(e) ("the parties"); or ii failing agreement, by the president of the london maritime arbitrators association on the application of either of the parties; b so far as is reasonably practicable within three months of the referral, the adjudicator must - i provide a reasonable opportunity for the parties to make representations to or be heard by the adjudicator at a hearing; and ii make a written report to the parties with findings and recommendations on the issue; and c the company must decide whether to proceed with the proposal having regard to the adjudicator's report (but is not bound to give effect to any recommendations) and, once it has decided, must give notice in writing to the designated consultees of its decision and the reasons for that decision. 4 except as otherwise provided for in paragraph (3), the adjudicator may determine the procedure for the making of representations and the conduct of any hearing. 5 the costs incurred by the adjudicator and the parties from a referral under paragraph (3) are to be paid by one or more of the parties as the adjudicator may direct. 6 if the company wishes to proceed with the proposal in a form materially different from both the form notified to the designated consultees under paragraph (1)(d) and (where paragraph (3) applies) the form recommended by the adjudicator under paragraph (3)(b), it must proceed, unless all the designated consultees agree in writing that it need not, as if the proposal were a new proposal to which paragraph (1) applies. 7 paragraphs (1) to (6) do not apply where in the interests of navigational safety the company proposes to give, amend or revoke a general direction applying to vessels or persons - a in an emergency; or b relating to an intended activity or operation within the harbour which - i is expected to commence less than four months after the company is notified or otherwise becomes aware of it; ii is to last less than three months; and iii the company considers that the giving, amending or revocation of a general direction in relation to that activity or operation is required, taking into account other activities or operations in the harbour which may be affected. 8 where the company proceeds to give, amend or revoke a general direction in accordance with paragraph (7), it must - a as soon as is practicable give notice of the direction, amendment or revocation to those persons who would have been designated consultees had paragraph (1)(a) applied; and b if the direction or amendment is intended to continue in force for more than three months or the revoked direction is not intended to be restored within that period, apply the procedure under paragraphs (1)(b) to (e) and (2) to (6) to the direction, amendment or revocation with the following modifications - i a reference in those paragraphs to the 'proposal' is to be read as a reference to the direction, amendment or revocation; ii in paragraph (1)(b), for "sub-paragraph (a)" substitute "paragraph (8)(a)"; and iii a reference in those paragraphs to the company proceeding with a proposal is to be read as a reference to the company determining that the direction or amendment should remain in force or the revoked direction should not be restored. publication of general directions 29 1 subject to paragraph (3), the company must publish a notice of the giving, amendment or revocation of a general direction as soon as practicable on one occasion in a newspaper circulating in the locality of the harbour. 2 the notice must state a place at which copies of the general direction as to be given, amended or revoked may be inspected. 3 in an emergency, the company may give notice of the giving, amendment or revocation of a general direction in any manner which they consider to be appropriate. special directions as to use of the harbour, etc. 30 1 in addition to the directions which the harbour master may give under section 52 of the act of 1847, the harbour master may give a direction which applies to a vessel in the harbour limits for one or more of the following purposes - a requiring compliance with a requirement made in or under - i a general direction; ii a byelaw; or iii a provision of any other enactment of local application to the harbour or to the company; b regulating or requiring the movement, berthing, mooring or unmooring of a vessel; c requiring the removal of a vessel from any part of the harbour if - i it is on fire; ii it is in such condition as to be liable to become immobilised or waterlogged, or to sink, or to constitute a danger to life or property; iii it is making an unlawful use of the harbour or interfering with the reasonable use or enjoyment of the harbour by other persons or vessels or the carrying on of business in the harbour; iv it is necessary to enable maintenance or repair work to be carried out in the harbour or to premises adjacent to the harbour; or v its removal is considered by the harbour master to be necessary in order to ensure the safety of persons or the protection of property, flora and fauna or any part of the harbour referred to in paragraph (3); d regulating the loading, discharging, storing or safeguarding of the cargo, fuel, water or stores of a vessel and the discharge of its business at the harbour; e specifying the precautions to be taken in respect of apparatus, machinery and equipment; f regulating the speed of a vessel; g regulating the use of the motive power of a vessel; h prohibiting or restricting the use of fires or lights; or i as to the discharge or use of ballast. 2 the harbour master may give a direction which applies to - a a person; b all vessels; or c all vessels of a particular class; within the harbour for one or more of the purposes in paragraph (1)(a). 3 a special direction may be given in the interests of the conservation of, or prevention of damage to, any part of the harbour where that part has been designated, or otherwise given special protection or status, under any enactment by reason of its natural beauty, fauna, flora or archaeological or geological or physiographical features or any other natural features. 4 a special direction may be served in a manner considered by the harbour master to be appropriate and, where it is in respect of a vessel, must be addressed to the master of the vessel. 5 where a special direction is to be given which applies to a person, the harbour master must, where possible, specify a particular person to whom the direction is addressed, either by name or by a description sufficient to enable the person to be readily identified. 6 the harbour master may amend or revoke a special direction. failure to comply with directions 31 1 a person who fails to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. 2 in any proceedings for an offence under paragraph (1) it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. enforcement of special directions 32 1 without prejudice to any other remedy available to the company, if a special direction is not complied with within a reasonable time, the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction. 2 if there is no one on board the vessel to attend to a special direction, the harbour master may proceed as if the direction had been given and not complied with. 3 reasonable expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the company from the owner of the vessel as if they were a charge of the company in respect of the vessel. master's responsibility in relation to directions 33 the giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction applies in relation to that vessel, to persons on board the vessel, to the cargo or any other person or property. obstruction of officers 34 1 a person who - a intentionally obstructs an officer of the company acting in pursuance of a provision of this order or a statutory provision of local application applying to the harbour; or b without reasonable excuse fails to comply with a requirement properly made by such an officer; or c without reasonable excuse fails to give such an officer any information which he may require for the purpose of the performance of his functions, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. 2 a person who in giving information to such an officer, makes a statement which he knows to be false shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. general rules for navigation 35 a master who navigates a vessel in the harbour - a without due care and attention; or b in a manner liable to injure or endanger persons, other vessels, the banks of the harbour (whether above or below the level of high water) or any facility, structure or installation in or adjoining the harbour, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. vessels adrift 36 1 the owner or master of a vessel adrift in the harbour shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. 2 it shall be a defence for the owner or master of a vessel charged with an offence under paragraph (1) to prove that the vessel did not become adrift as the result of any neglect or default on his part. power to deal with unserviceable vessels 37 1 in addition to the powers conferred on the harbour master by section 57 of the act of 1847 and on the company by the merchant shipping act 1995 and by this order the company may remove, sell, destroy or otherwise dispose of a vessel laid by or neglected as unserviceable in, or on land adjoining the water of the harbour. 2 the company may retain out of the proceeds of sale of such a vessel expenses incurred by them in respect of the vessel, or in marking, buoying, lighting or otherwise controlling the vessel or warning shipping of its presence and expenses incurred by the harbour master under section 57 of the act of 1847 and must pay the surplus, if any, to the person entitled thereto. 3 if the proceeds of sale are insufficient to reimburse the company for the said expenses, or there is no sale, the company may recover the deficiency, or, where there is no sale, the whole of the expenses, from the owner as a simple contract debt. 4 except in the case of emergency, the company must, before exercising its powers under this article, give 28 clear days' notice in writing of its intention to do so to the owner of the vessel and by advertisement in each of three successive weeks in a local newspaper. 5 if the owner or his place of business or abode is not known to the company or cannot after diligent inquiry be found or is outside the united kingdom, the notice may be given by displaying it at the harbour offices, folkestone for the period its duration. part 5 charges charges for services and facilities 38 in addition to its power to demand ship, passenger and goods dues under section 26 of the harbours act 1964, the company may demand, take and recover such reasonable charges for services and facilities requested by any party and provided by or on behalf of the company at the harbour as it may from time to time determine. charges for services not otherwise provided for 39 subject to the provisions of this order the company may demand, take and recover such reasonable charges or other consideration as it may determine in respect of any services rendered by it in connection with the harbour. payment of charges 40 1 the charges which the company is authorised to demand, take and recover in respect of vessels and goods under article 38 or any other enactment shall be payable before the removal from the harbour of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such terms and conditions as the company may from time to time specify in its published list of charges. 2 charges payable to the company - a in respect of a vessel, shall be payable by the owner or master of the vessel; and b in respect of goods, shall be payable by the owner, consignee or shipper of the goods. 3 where charges payable to the company may be recoverable by it from more than one person, the persons from whom they may be recovered shall be jointly and severally liable. 4 without prejudice to the generality of paragraph (1), the terms and conditions as to the payment of charges which the company may specify may include the time when a charge falls due for payment and may require such information to be given to the company by the owner or master of a vessel or person using a service or facility of the company as the company may require in connection with the assessment or collection of a charge. deposit for charges 41 1 the company may, if it thinks fit, require a person who incurs, or is about to incur, a charge to deposit with it, or to guarantee, such sum of money as is, in the opinion of the company, reasonable having regard to the amount or probable amount of the charge. 2 where such a person fails to deposit or guarantee the sum of money required the company may detain at the harbour the vessel or goods in respect of which the charge has been or will be incurred, until the requirement has been complied with or the charge has been paid. refusal to pay charges for landing place 42 an officer of the company may prevent a vessel from using a landing place provided by the company if the master of the vessel refuses to pay the charges for such use. recovery of charges 43 in addition to any other remedy given by this order or by the act of 1847 as incorporated with this order the company may recover any charges payable to it as a debt in any court of competent jurisdiction (including, in a case where the master of a vessel in respect of which a charge is payable to the company refuses or neglects to pay the same or any part thereof, whether or not an official or agent of the company has gone on board the vessel and demanded the charge pursuant to section 44 of the act of 1847). harbour master may prevent sailing of vessels 44 the harbour master may prevent the removal or sailing from the harbour of a vessel until evidence has been produced to him of the payment of any charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein. part 6 miscellaneous power to grant tenancies and to dispose of land 45 1 the company may grant licences, tenancies and leases for a term of land within the harbour so far as it considers desirable in the interests of efficient and economical management of the harbour. 2 the company may also dispose of any interest in land within the harbour which it considers to be surplus to that required by it for the purposes of the undertaking. development, etc. of land 46 1 the company may form and promote, or join with any other person in forming and promoting, a company for using or developing for any purpose, or carrying on any trade or business on, any of the harbour land. 2 the company may (alone or with others) develop land not required for the purposes of the undertaking with a view to disposing of the land or interests in it, and may acquire land by agreement for the purpose of developing it with such land. saving for trinity house 47 nothing in this order shall prejudice or derogate from any of the rights, duties or privileges of trinity house. defence of due diligence 48 1 in proceedings for an offence under article 12, 14 or 15, it shall be a defence for the company to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. 2 if in any case the defence provided under paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the company shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession. crown rights 49 1 nothing in this order shall - a prejudicially affect any estate, right, power, privilege, authority or exemption of the crown; or b authorise the company to take, use, enter upon or in any manner interfere with, any land or hereditaments or rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) belonging to - i her majesty in right of her crown and under the management of the crown estate commissioners, without the consent in writing of those commissioners; or ii 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 consent under paragraph (1) may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate. signed by authority of the marine management organisation j.f. tuckett chief executive officer an authorised employee of the marine management organisation 24th april 2017

citation, commencement, extent and application 1 1 this order may be cited as the plant health (sweet chestnut blight) (england) order 2017 and comes into force at 4.00 p.m. on 21st february 2017. 2 this order extends to england and wales but applies to england only. interpretation 2 1 in this order - "the 2005 order " means the plant health (forestry) order 2005 ; "the 2015 order " means the plant health (england) order 2015 ; "competent authorities" means the secretary of state and the forestry commissioners; "inspector" means any person authorised - by the secretary of state to be an inspector for the purposes of the 2015 order; by the forestry commissioners to be an inspector for the purposes of the 2005 order; "premises" has the same meaning as in the 2005 order and the 2015 order; "susceptible material" means - any plants for planting, other than seeds; any trees, other than fruit, seeds, leaves or foliage; or any wood or isolated bark; "sweet chestnut blight" means the fungal disease caused by the fungus cryphonectria parasitica (murrill) barr or that fungus. 2 for the purposes of paragraph (1) - "isolated bark" has the same meaning as in the 2005 order; "plant" has the same meaning as in the 2015 order; "planting" has the same meaning as in article 2(1)(c) of council directive 2000/29/ec on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community ; "tree" has the same meaning as in the 2005 order; "wood" means any wood, other than in the form of wood packaging material or dunnage, which - retains part or all of its natural round surface (with or without bark); or is in the form of chips, waste wood, logs, billets, twigs, faggots or other similar forms. demarcated areas 3 1 where an inspector has confirmed the presence of sweet chestnut blight on any premises, the competent authorities may, by notice, demarcate an area in relation to the infestation. 2 an area demarcated under paragraph (1) must be of such size as the competent authorities consider appropriate to reduce the risk of spread of sweet chestnut blight, taking into account - a scientific and technical evidence and principles; b the biology of sweet chestnut blight; c the presence and biology of susceptible material of castanea sativa and quercus l.; d other appropriate information concerning the presence or possible presence of sweet chestnut blight. 3 a notice under paragraph (1) - a must be in writing, b must describe the extent of - i the demarcated area, ii the area which is to be treated as the infested area, and iii any area which is to be treated as the controlled area, c must specify the date on which the prohibitions in article 4(2) are to commence, d must be published in a manner appropriate to bring it to the attention of the public, and e may be amended or revoked, in whole or in part, by further notice. 4 any premises which are partly within the infested area are to be treated as being within the infested area and any premises which are partly within any controlled area and not within the infested area are to be treated as being within the controlled area. prohibition on the movement of susceptible material 4 1 this article applies where a notice of a demarcated area is issued under article 3(1). 2 no person may move - a any susceptible material of castanea sativa or quercus l. out of or within the infested area specified in the notice, or b any susceptible material of castanea sativa out of or within any controlled area specified in the notice, without the written authority of an inspector. 3 the prohibitions in paragraph (2) apply on or after the date specified in the notice and cease to apply on the date on which the notice is revoked or otherwise ceases to have effect. 4 paragraph (2) does not apply to the movement of - a any susceptible material of quercus l. which enters and exits the infested area without stopping; b any susceptible material of castanea sativa which enters and exits the infested area or any controlled area without stopping; c any susceptible material of castanea sativa or quercus l. which is authorised by a notice issued by an inspector under the 2005 order or the 2015 order before the date on which the prohibitions in paragraph (2) commence; d any susceptible material of castanea sativa or quercus l. authorised by a licence granted by the secretary of state under the 2015 order or by the forestry commissioners under the 2005 order. powers of inspectors 5 1 where an inspector has reasonable grounds for suspecting that there is present on any premises any susceptible material of quercus l. or castanea sativa that is being moved or has been moved in contravention of article 4(2), the inspector may enter and inspect those premises and, if the inspector considers it necessary, seize any such material found on the premises. 2 an inspector acting under paragraph (1) must, if requested to do so, show evidence of the inspector's authority to act. 3 paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless 24 hours' notice has been given to the occupier or the inspector has been granted a warrant by a justice of peace. 4 a justice of peace may by signed warrant permit an inspector to enter premises under paragraph (1), if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied that - a there are reasonable grounds to enter those premises, and b any of the conditions in paragraph (5) are met. 5 the conditions are that - a entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier; b asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry; c entry is required urgently; d the premises are unoccupied or the occupier is temporarily absent. 6 a warrant is valid for one month. 7 an inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry. offences 6 1 a person commits an offence if, without reasonable excuse, proof of which lies with the person, the person - a contravenes article 4(2); or b intentionally obstructs an inspector in the exercise of the powers given to the inspector by or under this order. 2 if an offence under this order is proved to have been committed with the consent or connivance of, or to have been attributable to the neglect on the part of - a any director, manager or secretary or other similar officer of the body corporate, or b any person who was purporting to act in any such capacity, the person, as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. 3 for the purposes of paragraph (2), "director", in relation to a body corporate whose affairs are managed by its members, includes a member of the body corporate. 4 a person guilty of an offence under this order is liable on summary conviction to a fine. review 7 1 the competent authorities 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 21st february 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). gardiner of kimble parliamentary under secretary of state department for environment, food and rural affairs 20th february 2017 stephen bennett secretary to the forestry commissioners 20th february 2017

citation 1 these regulations may be cited as the policing and crime act 2017 (commencement no. 2) regulations 2017. appointed day for the coming into force of part 8 of the policing and crime act 2017 2 the day appointed for the coming into force of the provisions of part 8 of the policing and crime act 2017, in so far as they are not already in force, is 1st april 2017. david evennett guto bebb two of the lords commissioners of her majesty's treasury 28th march 2017

citation and commencement 1 these regulations may be cited as the universal credit (surpluses and self-employed losses) (change of coming into force) regulations 2017 and come into force at the end of the period of 21 days beginning with the day on which they are laid. postponement of provision for surpluses and self-employed losses 2 in regulation 1 (citation and commencement) of the universal credit (surpluses and self-employed losses) (digital service) amendment regulations 2015 , for "3rd april 2017" substitute "2nd april 2018". signed by authority of the secretary of state for work and pensions damian hinds minister of state, department for work and pensions 22nd february 2017

citation and commencement 1 these regulations may be cited as the social security (infected blood and thalidomide) regulations 2017 and come into force on 23rd october 2017. amendments to the income support (general) regulations 1987 2 1 the income support (general) regulations 1987 are amended as follows. 2 in regulation 2(1) (interpretation) - a in the appropriate place insert - "approved blood scheme" means a scheme established or approved by the secretary of state, or trust established with funds provided by the secretary of state, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", an approved blood scheme". 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", an approved blood scheme" - a regulation 42(4za)(a) (notional income); b regulation 48(10)(c) (income treated as capital); c regulation 51(3a)(a) (notional capital); d paragraph 18(8)(b) of schedule 3 (housing costs); e paragraphs 21(2) and 39(1) and (7) of schedule 9 (sums to be disregarded in the calculation of income other than earnings); f paragraphs 22(1) and (7) and 29 of schedule 10 (capital to be disregarded). 4 in schedule 3, after paragraph 18(8)(c) insert - d any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . 5 in schedule 10, after paragraph 72 add - 73 any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . amendments to the jobseeker's allowance regulations 1996 3 1 the jobseeker's allowance regulations 1996 are amended as follows. 2 in regulation 1(3) (citation, commencement, interpretation and application) - a in the appropriate place insert - "approved blood scheme" means a scheme established or approved by the secretary of state, or trust established with funds provided by the secretary of state, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", an approved blood scheme". 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", an approved blood scheme" - a regulation 105(10a)(a) (notional income); b regulation 110(10)(c) (income treated as capital); c regulation 113(3a)(a) (notional capital); d paragraph 17(8)(b) of schedule 2 (housing costs); e paragraphs 22(2) and 41(1) and (7) of schedule 7 (sums to be disregarded in the calculation of income other than earnings); f paragraphs 27(1) and 31 of schedule 8 (capital to be disregarded). 4 in schedule 2, after paragraph 17(8)(c) insert - d any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . 5 in schedule 8, after paragraph 65 add - 66 any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . amendments to the social security (recovery of benefits) regulations 1997 4 in regulation 2(2) of the social security (recovery of benefits) regulations 1997 (exempted trusts and payments), after sub-paragraph (n) add - o any payment made from a scheme established or approved by the secretary of state, or trust established with funds provided by the secretary of state, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; p any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . amendments to the state pension credit regulations 2002 5 1 the state pension credit regulations 2002 are amended as follows. 2 in regulation 1(2) (citation, commencement and interpretation) - a in the appropriate place insert - "approved blood scheme" means a scheme established or approved by the secretary of state, or trust established with funds provided by the secretary of state, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", an approved blood scheme". 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", an approved blood scheme" - a paragraph 14(8)(b) of schedule 2 (housing costs); b paragraph 15(1) and (7) of schedule 5 (income from capital). 4 in schedule 2, after paragraph 14(8)(c) insert - d any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . 5 in part 1 of schedule 5, after paragraph 23e add - 23f any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . amendments to the housing benefit regulations 2006 6 1 the housing benefit regulations 2006 are amended as follows. 2 in regulation 2(1) (interpretation) - a in the appropriate place insert - "approved blood scheme" means a scheme established or approved by the secretary of state, or trust established with funds provided by the secretary of state, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", an approved blood scheme". 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", an approved blood scheme" - a regulation 42(7)(a) (notional income); b regulation 46(6) (income treated as capital); c regulation 49(4)(a) (notional capital); d regulation 74(9)(b) (non-dependant deductions); e paragraph 35(1) and (7) of schedule 5 (sums to be disregarded in the calculation of income other than earnings); f paragraphs 24(1) and (7) and 34 of schedule 6 (capital to be disregarded). 4 in regulation 74, after sub-paragraph (9)(c) insert - d any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . 5 in regulation 86(4)(a)(ii) (evidence and information), omit ", the scottish infected blood support scheme". 6 in schedule 6, after paragraph 62 add - 63 any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . amendments to the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 7 1 the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 are amended as follows. 2 in regulation 2(1) (interpretation) - a in the appropriate place insert - "approved blood scheme" means a scheme established or approved by the secretary of state, or trust established with funds provided by the secretary of state, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", an approved blood scheme". 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", an approved blood scheme" - a regulation 55(10)(b) (non-dependant deductions); b paragraph 16(1)(a) of schedule 6 (capital to be disregarded). 4 in regulation 55, after sub-paragraph (10)(c) insert - d any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . 5 in regulation 67(4)(a)(ii) (evidence and information), omit ", the scottish infected blood support scheme". 6 in part 1 of schedule 6, after paragraph 26h add - 26i any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . amendments to the employment and support allowance regulations 2008 8 1 the employment and support allowance regulations 2008 are amended as follows. 2 in regulation 2(1) (interpretation) - a in the appropriate place insert - "approved blood scheme" means a scheme established or approved by the secretary of state, or trust established with funds provided by the secretary of state, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", an approved blood scheme". 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", an approved blood scheme" - a regulation 107(5)(a) (notional income - income due to be paid or income paid to or in respect of a third party); b regulation 112(8) (income treated as capital); c regulation 115(5)(a) (notional capital); d paragraph 19(8)(b) of schedule 6 (housing costs); e paragraphs 22(2) and 41(1) and (7) of schedule 8 (sums to be disregarded in the calculation of income other than earnings); f paragraphs 27(1) and (7) and 31 of schedule 9 (capital to be disregarded). 4 in schedule 6, after paragraph 19(8)(c) add - d any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . 5 in schedule 9, after paragraph 60 add - 61 any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . amendments to the social security (recovery of benefits) (lump sum payments) regulations 2008 9 in regulation 7(2) of the social security (recovery of benefits) (lump sum payments) regulations 2008 (exempted trusts and payments), after sub-paragraph (k) add - l any payment made from a scheme established or approved by the secretary of state or trust established with funds provided by the secretary of state for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; m any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother's pregnancy she had taken a preparation containing the drug known as thalidomide, and which is approved by the secretary of state. . signed by authority of the secretary of state for work and pensions penny mordaunt minister of state department for work and pensions 5th september 2017 at 9.15 a.m.