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citation and commencement 1 these regulations may be cited as the individual savings account (amendment no. 2) regulations 2017 and come into force on 6th april 2017. amendment of the individual savings account regulations 1998 2 the individual savings account regulations 1998 are amended as follows. regulation 2 3 1 amend regulation 2 (interpretation) as follows. 2 in paragraph (1) - a in the definition of "account investment" - i for "or an innovative finance component" substitute ", an innovative finance component or a lifetime isa component", and ii after "8" insert ", 8za" , b after the definition of "cta 2010" insert - "current year payments" has the meaning given in regulation 10a(3) ; , c after the definition of "eligible child" insert - "eligible conveyancer" has the meaning given in paragraph 7 of the schedule; , d after the definition of "gilt-edged securities" insert - "government bonus" has the meaning given in the schedule; , e after the definition of "lender" insert - "lifetime isa" has the meaning given in regulation 4(1zb) ; , "lifetime isa payment limit" has the meaning given in regulation 4za(1a); , "lifetime isa qualifying individual" has the meaning given in regulation 10a; , and f after the definition of "plan shares" insert - "qualifying addition" has the meaning given in the schedule; . 3 in the table in paragraph (2) after the entry for "qualifying investments for a cash component" insert - qualifying investments for a lifetime isa component 8za regulation 2a 4 in regulation 2a (meaning of account investor) - a in paragraph (2) after "junior isa account" insert "nor a lifetime isa", and b after paragraph (5) insert - 6 in relation to a lifetime isa, "account investor" means an individual who - a makes, or has made, a qualifying addition to a lifetime isa, and b at the time of each qualifying addition by the individual into the lifetime isa, is a lifetime isa qualifying individual. . regulation 2d 5 in regulation 2d (regulations that do not apply to junior isa accounts) - a after "4a," insert "4aa ,", b omit "5b,", and c for "8a, 10, 11, 12," substitute "8za, 8a, 10 to 12, 12b ,". regulation 4 6 1 amend regulation 4 (general conditions for accounts and subscriptions to accounts) as follows. 2 in paragraph (1) after "innovative finance account" insert "or a lifetime isa". 3 in paragraph (1za) for "(1b)(ba) to (e)" substitute "(1b)(ba) and (c), d(i) and (e)". 4 after paragraph (1za) insert - 1zb a lifetime isa is an account in respect of which - a the conditions in paragraphs (1a)(a) and (cb), (1b)(bb), (c), (d)(ii), (e) and (f) and (5) to (10) are fulfilled; and b the application to open the account is made in accordance with regulation 12b. 5 in paragraph (1a) - a in sub-paragraph (a) for "or an innovative finance account" substitute ", an innovative finance account or a lifetime isa", and b after sub-paragraph (ca) insert - cb a lifetime isa is made up of a single lifetime isa component only; . 6 in paragraph (1b) - a after sub-paragraph (ba) insert - bb a lifetime isa qualifying individual may only make a qualifying addition to a single lifetime isa in a particular year; , b at the end of sub-paragraph (c) insert - or, in the case of a lifetime isa, to which only one lifetime isa qualifying individual makes a qualifying addition , c for sub-paragraph (d) substitute - d subject to regulations 5dda(2)(e) and 7(2)(h), it is - i an account that is not a lifetime isa account to which the qualifying individual subscribes only by payment to the account manager of a sum or sums of the individual's cash, or ii a lifetime isa to which the lifetime isa qualifying individual makes qualifying additions only by - aa payment to the account manager of a sum or sums of the individual's cash; or bb a transfer of qualifying investments for a lifetime isa component from another account of the account investor; , and d after sub-paragraph (e) insert - ; and f in the case of a lifetime isa the current year payments made by a lifetime isa qualifying individual do not in aggregate in any year exceed the lifetime isa payment limit in regulation 4za(1a) . . 7 in paragraph (6) - a in sub-paragraphs (c) and (d) after "qualifying investments for an innovative finance component," insert ", a lifetime isa component", and b in sub-paragraph (fa) after "any cash shall be transferred or paid to him" insert "or, where paragraph 6(12) of the schedule applies, an eligible conveyancer". 8 at the end of paragraph (7) insert - where the account is a lifetime isa and an amount is being withdrawn for the purpose of a first-time residential purchase by the account investor under paragraph 6 of the schedule, the period of 30 days referred to in sub-paragraph (a) runs from the date on which the account manager receives the information from the account investor's conveyancer in accordance with paragraph 8(2) and (3) of the schedule. . 9 after paragraph (8) insert - 9 a lifetime isa opened in accordance with regulation 12b is to be treated as such an account notwithstanding that the account investor reaches 50 years of age or over and that no further qualifying addition can be made to the account. 10 a lifetime isa in relation to which an account manager has received notification of closure within 30 days after the latest applicable cancellation period start date for the purposes of the conduct of business sourcebook (published by the financial conduct authority under fisma 2000 ) is to be treated for all purposes of these regulations as never having been such an account. 11 where a lifetime isa is opened ("the new account") on a transfer from another such account ("the original account") of the account investor, the latest applicable cancellation period start date for the original account is to be treated for the purposes of paragraph (10) as the latest applicable cancellation start date for the new account. 12 if during the year 2017-18 after the opening of a lifetime isa a withdrawal is made other than in any of the circumstances specified in paragraph (13) or described in paragraph 11 of the schedule the account is to be treated for all purposes of these regulations as never having been such an account. 13 the circumstances specified in this paragraph are where - a the withdrawal is by way of a transfer to another lifetime isa in accordance with regulation 21; b the account investor is suffering from a terminal illness (within the meaning of paragraph 4(2) of the schedule); or c the withdrawal is made at a time after the account investor's death. . regulation 4za 7 in regulation 4za (subscriptions to an account other than a junior isa account) after paragraph (1) insert - 1a the overall lifetime isa payment limit in respect of current year payments for any lifetime isa qualifying individual for any year is 4,000. . regulation 4a 8 in regulation 4a (repair of certain incompatible account and excess subscriptions - accounts other than junior isa accounts) after paragraph (6) insert - 7 this regulation is subject to regulation 4aa. . new regulation 4aa 9 after regulation 4a insert - application of the repair provisions to lifetime isas 4aa 1 the following modifications to regulation 4a apply where one or more of the accounts to which the investor subscribes in the relevant year is a lifetime isa. 2 where an investor has made current year payments in excess of the lifetime isa payment limit in regulation 4za(1a) to a single lifetime isa, an officer of the board may direct the removal of the excess and proceeds representing the excess, whether or not the overall subscription limit in regulation 4za(1) has been exceeded. 3 where an investor has exceeded the overall subscription limit in regulation 4za(1), but has not exceeded the lifetime isa payment limit in regulation 4za(1a), the excess shall be removed from the accounts which are not lifetime isas. 4 where an investor has made current year payments or a payment described in regulation 10a(4)(c) to more than one lifetime isa, only one account will be a valid account which is eligible for the payment of a government bonus. . regulation 5d 10 in regulation 5d (subscriptions disregarded for the purposes of the subscription limits in regulations 4za and 4zb) - a in the heading and in paragraph (1) for "4za" substitute "4za(1)", b after paragraph (2)(a)(i) insert - ia a defaulted lifetime isa subscription; ib a returned withdrawal from a lifetime isa following failure of a purchase to complete under paragraph 10(1) of the schedule; , and c after paragraph (2)(c) insert - ; and d in a case within paragraph (2)(a)(ib) the account manager of the lifetime isa to which the subscription is made is provided with the information specified in paragraph 9(3)(b) of the schedule. . regulation 5da 11 in regulation 5da(a) (defaulted cash account subscription) for "or a cash account" substitute ", a cash account, an innovative finance account or a lifetime isa". new regulation 5daa 12 after regulation 5da (defaulted cash account subscription) insert - defaulted lifetime isa subscription 5daa a subscription is a defaulted lifetime isa subscription if - a it is made to a lifetime isa held by the account investor who held the lifetime isa in respect of which a defaulted investment payment has been made no more than 180 days before the subscription is made; and b it does not exceed the defaulted investment payment. . regulation 5dd 13 in regulation 5dd(b) (defaulted investment payment) - a at the end of paragraph (a) omit "or", b after paragraph (b) insert - ; or c described in regulation 7 or 8, held in a lifetime isa (whether or not the defaulted investment continues to be held in the account at the time of the payment). . regulation 5dda 14 in regulation 5dda (additional permitted subscription to an account other than a junior isa account) after paragraph (3a) insert - 3b for the purposes of paragraph (3) the value of a lifetime isa at the date of the deceased's death includes any government bonus that has accrued to the date of death but has not been paid. . regulation 5ddb 15 in regulation 5ddb (flexible account) - a in paragraph (1) after "junior isa account" insert "or a lifetime isa", and b in paragraph (2) for "and (ba)" substitute ", (ba) and (bb)". regulation 5df 16 in regulation 5df(1)(b)(information required by regulation 5d) - a after " defaulted investment subscription" insert ", defaulted lifetime isa subscription", and b in sub-paragraph (iii) for "or innovative finance account" insert ", innovative finance account or lifetime isa". regulation 5dg 17 in regulation 5dg (single regulation 5d subscription) after "defaulted investment subscription" insert ", defaulted lifetime isa subscription". regulation 6 18 in regulation 6(6) (general investment rules) after "rights or proceeds" insert "(including any government bonus)". new regulation 8za 19 after regulation 8 insert - qualifying investments for a lifetime isa component 8za the kind of investments ("qualifying investments for a lifetime isa component") which may be purchased, made or held under a lifetime isa are - a qualifying investments for a stocks and shares component; and b qualifying investments for a cash component. . regulation 10 20 in regulation 10 (qualifying individuals who may invest under an account that is not a junior isa account) - a at the end of the heading insert "nor a lifetime isa", and b in paragraph (1) after "junior isa account" insert "nor a lifetime isa ". new regulation 10a 21 after regulation 10 insert - lifetime isa qualifying individuals who may invest under a lifetime isa 10a 1 this regulation specifies the description of individual ("lifetime isa qualifying individual") who may invest under a lifetime isa. 2 a lifetime isa qualifying individual to whom paragraph (1) refers is an individual who - a is 18 years of age or over; b in relation to a current year payment is under 50 years of age; c in relation to a current year payment or a payment under paragraph (4)(c), has not made, and will not make, any such payment to any other lifetime isa in the year in which the payment is made; d has not exceeded the overall subscription limit in regulation 4za(1) in that year; e has not exceeded the overall lifetime isa payment limit in regulation 4za(1a) in that year; and f in relation to a current year payment or a payment under paragraph (4)(c), is resident in the united kingdom or, if not so resident - i is a person who has general earnings from overseas crown employment subject to united kingdom tax within the meaning given by section 28 of itepa 2003 , or ii is married to or in a civil partnership with a person mentioned in paragraph (i). 3 subject to paragraph (4), the following are current year payments - a a subscription of money; b a subscription of shares to which regulation 7(2)(h) applies; c a subscription to which regulation 5d applies; d an additional permitted subscription in accordance with regulation 5dda ; e a replacement subscription in accordance with regulation 5ddb ; f an additional permitted subscription on closure of a help to buy isa in accordance with regulation 5ddc ; and g a transfer of qualifying investments for a lifetime isa component from an account which is not a lifetime isa. 4 the following are not current year payments - a a defaulted lifetime isa subscription under regulation 5d(2)(a)(ia); b a returned withdrawal under regulation 5d(2)(a)(ib); and c the first or only transfer from a help to buy isa (as described in regulation 5ddc(6)) to a lifetime isa in the year 2017-18 in an amount not exceeding the balance on the help to buy isa as at 5th april 2017 plus accrued interest. . regulation 11 22 in regulation 11 (account investor ceasing to qualify) - a after "subscribing" insert "or making a qualifying addition"; b after "regulation 10(2)(d)" insert "or 10a(2)(f) , as the case may be,"; and c after "subscribe further" insert "or make a qualifying addition". regulation 12 23 in regulation 12 (conditions for application to open an account that is not a junior isa account) a at the end of the heading insert "or a lifetime isa"; and b after paragraph (13) insert - 14 this regulation does not apply to a lifetime isa. . new regulation 12b 24 after regulation 12a insert - conditions for application to open an account that is a lifetime isa 12b 1 an application by an individual to open a lifetime isa must be made to an account manager in the year in which the applicant first makes a payment to that account and must fulfil the conditions specified in paragraph (2). 2 the application must state that it is an application to open a lifetime isa and - a specify the first year to which the application relates; b contain the information and authorisation specified in paragraph (3); and c contain a declaration by the applicant in accordance with paragraph (4). 3 the application must contain - a the applicant's full name; b the address and postcode of the applicant's permanent residence; c the applicant's national insurance number; d the applicant's date of birth; and e the authorisation specified in paragraph (7). 4 the application must contain a declaration by the applicant that - a all subscriptions of money made, and to be made, to the account are or will be the applicant's money; b in the first year and in any subsequent year to which the application relates, the applicant has not - i in relation to a qualifying addition made into the account, made and will not make, any such addition to any other lifetime isa, ii exceeded, and will not exceed, the overall subscription limit in regulation 4za(1), and iii made, and will not make, current year payments that exceed the overall lifetime isa payment limit in regulation 4za(1a); c the applicant is 18 years of age or over; d except where paragraph (5) applies, the applicant is under 40 years of age, and i is resident in the united kingdom, or ii is a person who has general earnings from overseas crown employment subject to united kingdom tax within the meaning given by section 28 of itepa 2003, or iii is married to or in a civil partnership with a person mentioned in sub-paragraph (ii); and e the applicant will inform the account manager if any of the circumstances under sub-paragraph (d)(i) to (iii) changes. 5 this paragraph applies where the lifetime isa is being opened to receive - a a transfer of current year's subscriptions or previous years' subscriptions from another lifetime isa (within the meaning of regulation 21(1)), or b a payment in accordance with regulation 5d(2)(a)(ia) or (ib). 6 a declaration under paragraph (4) shall have effect for each year in which the applicant makes a payment to the account to which the declaration relates except that after the account has been opened the reference to 40 in paragraph (4)(d) is deemed to be 50. 7 the authorisation specified by this paragraph is authority given by the applicant to the account manager - a to hold the payments, account investments, interest, dividends and any other rights or proceeds (including any government bonus) in respect of those investments and cash; b to make on behalf of the applicant any claims to relief from tax in respect of account investments; c to submit any government bonus claims to the board on the applicant's behalf; d to withhold and deduct from a balance in the account and pay to the board - i any charges due to the board from the account manager on withdrawals from the account; and ii any amount wrongly paid by way of government bonus accountable to the board by the account manager under paragraph 12 of the schedule; and e to make a record in writing in accordance with paragraph (9)(a) where that paragraph requires the account manager to do so. 8 an account manager may not accept as an account investor any individual if the account manager has reason to believe that - a the individual is not, or might not be, a lifetime isa qualifying individual; b the individual has given untrue information in an application; or c subject to the exceptions described in paragraph (5), the individual is 40 years of age or over. 9 where an application is not in writing, or the account manager operates a record system under which all original written applications are not retained - a the account manager must, immediately after receiving the application, record in writing on behalf of the applicant, the declaration required by paragraph (2)(c) and the authorisation required by paragraph (3)(e); b the account manager must notify the applicant of the contents of the written record within 5 business days of making it; and c the written record, as amended by any corrections notified to the account manager by the applicant within 30 days of the notification mentioned in sub-paragraph (b), shall be treated as the applicant's declaration required by paragraph (2)(c) and the authorisation required by paragraph (3)(e). 10 for the purposes of paragraph (9), "in writing" and "written record" have the same meanings as in regulation 12a(12) to (14) . 11 the application may be made on an individual's behalf - a if the individual is resident in england and wales - i pursuant to an order under section 16(2)(a) of the mental capacity act 2005 ; or ii by a deputy appointed under section 16(2)(b) of that act; or b if the individual is resident in scotland or northern ireland and is suffering from mental disorder, by a parent, guardian, spouse, civil partner, son or daughter of the individual. 12 in paragraph (11)(b) "mental disorder" has the meaning given by, in scotland section 328 of the mental health (care and treatment) (scotland) act 2003 or, in northern ireland, article 3 of the mental health (northern ireland) order 1986 . . regulation 14 25 in regulation 14(3)(a) (account manager-qualifications and board's approval) after "innovative finance accounts only," insert "or lifetime isas only,". regulation 21 26 1 amend regulation 21 (transfers relating to accounts other than junior isa accounts) as follows. 2 in paragraph (1) - a in paragraph (c) of the definition of "the current year's subscriptions" for "income)" substitute "income and any government bonus)", b in paragraph (b) of the definition of "the previous years' subscriptions" for "income)" substitute "income and any government bonus)", and c after the definition of "the previous years' subscriptions" insert - "subscriptions" includes all payments made into a lifetime isa. . 3 in paragraph (4) - a omit "or" at the end of sub-paragraph (b), and b after sub-paragraph (c) insert - , or d a lifetime isa (if the account investor is 18 or over), . 4 in paragraph (4c) - a omit "or" at the end of sub-paragraph (b), b at the end of sub-paragraph (c) insert - or d a lifetime isa to a lifetime isa, , and c after "remaining permitted subscriptions insert " or qualifying additions". 5 in paragraph (4ca) for "regulation 12(1) does" substitute "regulations 12(1) and 12b(1) do". 6 in paragraph (4d) for "12" substitute "12 or 12b, as the case may be,". 7 in paragraph (4da) - a after sub-paragraph (ca) insert - cb a lifetime isa (whether or not in a bulk transfer of accounts) is transferred to a lifetime isa held with the transferee immediately before the time when the transfer is made; , and b in sub-paragraphs (d), (e) and (f) after "accounts) to" insert "a lifetime isa,". 8 in paragraph (4db) at the end insert - this paragraph does not apply to a lifetime isa. . 9 after paragraph (4dc) insert - 4dca in the case of a lifetime isa, where the account is transferred in a bulk transfer of accounts which is not a transfer described in paragraph (4da)(cb) a payment by the account investor to the account after the transfer may only be made (unless permitted by paragraph (4de)) after the account investor has made an application to the transferee in relation to the account in accordance with regulation 12b (with any necessary modifications where appropriate to reflect the fact that the account has been transferred in a bulk transfer of accounts). . 10 in paragraphs (4de), (4df) and (4di) insert after "12", wherever it appears, "or 12b". 11 in paragraph (4de)(c) and (4df)(b) at the beginning insert "except in relation to a lifetime isa,". 12 in paragraph (4di) after "(4db)(a)" insert "or (4dca), as the case requires,". 13 in paragraph (6) - a in sub-paragraph (b)(i) for "or innovative finance account" substitute ", an innovative finance account or a lifetime isa", b after sub-paragraph (b) insert - ba where the transfer is as described in regulation 10a(4)(c), that the amount being transferred is in respect of a help to buy isa and is as described in that regulation (and in this case paragraph (6)(b)(i) and (iii) to (v) is not to apply). , and c at the end insert - and d as regards an account or any part of an account transferred pursuant to paragraph (2) which is a lifetime isa - i the date on which that lifetime isa was first opened and for the purposes of a payment made in accordance with regulation 5d(2)(a)(ia) or (ib), a lifetime isa opened for the purpose of receiving the payment is to be treated as being the same lifetime isa from which the money the subject of the payment originated; ii the date of the first qualifying addition to the account in the year of transfer; iii the amount of any government bonus that has accrued, but not been claimed, at the date of the transfer, iv the number allocated to the account by the transferor; v any government bonus already paid within the current year; vi the total amount of qualifying additions to the lifetime isa during the period from the beginning of the year in which the transfer takes place to the date of transfer, with separate entries for a help to buy transfer under regulation 10a(4)(c) and any other qualifying additions; vii details of qualifying additions to the lifetime isa for which a claim has not been made with separate entries for a help to buy transfer under regulation 10a(4)(c) and any other qualifying additions; viii confirmation of whether or not there has been a withdrawal for a first-time residential purchase, for which information required under paragraph 9 of the schedule and expected by the transferor has not been received; ix if there has been such a withdrawal, an undertaking to pass on to the transferee any such information received without delay. . 14 after paragraph (6) insert - 6a where a lifetime isa is transferred, the transferee must before the time of the transfer give to the transferor a notice stating whether or not the account to which the investments are being transferred is a lifetime isa. 6b a lifetime isa of an account investor to which another lifetime isa of the account investor ("the original") is transferred in accordance with this regulation is a successor to the original. . regulation 22 27 in regulation 22(1)(a)(i) (exemption from tax of account income and gains) for "excluding" substitute "including any government bonus, but excluding". regulation 31 28 in regulation 31 (returns of information by account manager) - a after paragraph (1) insert - 1a for the purposes of a lifetime isa in relation to paragraphs (3) and (10), paragraph (1b) applies instead of paragraph (1). 1b an account manager of a lifetime isa must, within 14 days after the end of each year in which the account manager acts as an account manager, and after ceasing to act or qualify as an account manager, deliver to the board a return for the year or part of a year in which the account manager so acted or was qualified, in a form or manner prescribed by the board, which contains the information specified in the sub-paragraphs referred to in paragraph (9). , b in paragraph (4) - i after sub-paragraph (a) insert - aa the information specified in sub-paragraph (a) in respect of any such account investments (excluding cash (including cash represented in share accounts with building societies)) that are held under lifetime isa components; , and ii after sub-paragraph (b) insert - ba the information specified in sub-paragraph (b), in respect of any such account investments that are held under lifetime isa components; , and c after paragraph (8) insert - 9 paragraphs (3) (except as provided in paragraph (10)) and (3a), (3b), (3c), (7) and (7a) do not apply to a lifetime isa. 10 the following provisions of paragraph (3) apply to a lifetime isa - a sub-paragraph (a) with the omission of "if he has one" and the words in parentheses; b sub-paragraph (b) with the substitution of "a lifetime isa" for " a cash account or stocks and shares account"; c sub-paragraph (c)(ii) with the substitution of "paragraph (3ab)(a)" for "paragraphs (3a) and (3ab)(a)"; and d sub-paragraph (c)(iv). . regulation 35 29 in regulation 35 - a after paragraph (5) insert - 5a paragraphs (3) to (5) do not apply to an assessment made or deemed to be made under the schedule. , and b after paragraph (9) insert - 9a paragraph (9) does not apply to any form prescribed under regulation 31(1b) or the schedule. . new regulation 37 30 after regulation 36 insert - 37 the schedule makes further provision for lifetime isa. . new schedule 31 at the end insert as a schedule - schedule lifetime isa further provision interpretation 1 1 in this schedule - "claim period" has the meaning given in sub-paragraphs (2) and (3); "government bonus" is an amount equal to 25% of the aggregate of qualifying additions made to a lifetime isa in a relevant period; "qualifying addition" means a current year payment or a payment under regulation 10a (4)(c) which is made into a lifetime isa; "relevant period" means the year 2017-2018 and any subsequent year; "schedule 1" means schedule 1 to the savings (government contributions) act 2017; "withdrawal charge" has the meaning given in paragraph 9(4) of schedule 1. 2 "claim period" means - a for the year 2017-18, except where sub-paragraph (3) applies, that year, and b for the year 2018-19 and subsequent years, a month, or such period as the board may specify from time to time pursuant to paragraph 2(1). 3 where an account manager during the year 2017-18 is notified of a death or determination in accordance with paragraph 4(2) of a terminal illness of an account investor, "claim period" means - a the period beginning with the date of the opening of the account, or, where there has been a transfer, the date of the original opening of the transferred account, and ending at the end of the month in which such notification is received, and b in the case of a continuing terminal illness of the account investor, each month subsequent to the period determined under sub-paragraph (a), in which a qualifying addition has been made to the account. 4 for the purposes of sub-paragraphs (2) and (3) "month" is a period beginning on the 6th of one month and ending on the 5th of the following month. government bonus claim 2 1 the board may from time to time specify - a the information to be included in a claim for a government bonus; b the periods to which such a claim is to relate; and c the form or manner in which such a claim is to be made. 2 a government bonus is only payable if a claim for it is made in accordance with this schedule. 3 the person who must make a claim for a government bonus for qualifying additions made to the lifetime isa in a claim period is - a subject to sub-paragraph (b), the person who is, or was, the account manager of a lifetime isa at the end of a claim period or on closure of a lifetime isa; b where a lifetime isa is transferred to another such account of the account investor during a claim period, the account manager of the account at the end of the period. 4 the claim is to be made within 14 days beginning with the day after the end of a claim period. 5 the board (subject to checking and if necessary correcting the amount of the claim) must pay the account manager any government bonus amount that is due - a where the claim is made by the due date, within 14 days beginning with the day after the due date for the claim; and b where the claim is made later than the due date, within 14 days beginning with the day after the due date for a claim for the claim period in which the late claim is made. 6 any government bonus payment which on being made is not paid into a lifetime isa of the account investor must be treated as a withdrawal. 7 where a claim has been made and the account manager becomes aware within six years after the end of the claim period that - a anything which should have been included in the claim has not been included, b anything which should not have been included in the claim has been included, or c any other error has occurred in the claim, the account manager must correct the error without delay. 8 if the account manager corrects a claim, such assessments, adjustments, payments or repayments of government bonus as are necessary for achieving the objective mentioned in sub-paragraph (9) must be made. 9 the objective is that the entitlement (or otherwise) of the account investor to a government bonus should be the same as it would have been if a correct claim had been delivered. 10 the board may enquire into a claim and return if - a they have reasonable grounds for believing that an error has occurred in the claim, and b they give notice to the account manager of their intention to do so no later than 12 months after the date on which the claim is made. 11 otherwise than where an account manager is notified of a death or determination in accordance with paragraph 4(2) of a terminal illness of an account investor, no claim for a government bonus arising in respect of the year 2017-18 may be made before the end of that year. rejection of government bonus claim 3 1 the board must notify the account manager of a rejection of any claim for a government bonus together with reasons for the decision - a where the claim is made by the due date, within 14 days beginning with the day after the due date for the claim, and b where the claim is made later than the due date, within 14 days beginning with the day after receipt of the claim. 2 the account manager on receipt of such notification must notify the account investor within 14 days beginning with the day after the day of receipt. 3 an account investor may within 90 days beginning with the day after receipt of a notification under sub-paragraph (2) apply to the board for payment of a government bonus which has been refused. 4 paragraph 16 (appeals) applies, in relation to an account manager, to a notification under sub-paragraph (1), and, in relation to an account investor, to a decision in respect of an application under sub-paragraph (3). 5 the effect of any notification or decision is not suspended by the making of an application or an appeal. specified age; terminal illness; transfer to another lifetime isa-no withdrawal charge 4 1 for the purposes of paragraph 7(1)(a) of schedule 1 (withdrawals not triggering a charge-specified age) the specified age is 60. 2 for the purposes of paragraph 7(5)(c) of schedule 1 (withdrawals not triggering a charge-terminal illness) an account investor is to be considered as suffering from a terminal illness if the account manager of the account investor's lifetime isa has received written evidence from a registered medical practitioner that the account investor is expected to live for less than one year. 3 for the purposes of paragraph 7(5)(d) of schedule 1 (withdrawals not triggering a charge-transfer to another lifetime isa), a withdrawal by way of transfer from one lifetime isa of the account investor to another such account of the investor must be made in accordance with regulation 21. specified percentage for withdrawal charge 5 for the purposes of paragraph 8(2) of schedule 1 (charge when unlisted withdrawal made) the specified percentage is 25%. first-time residential purchase 6 1 for the purposes of paragraph 7(5)(a) and (b) of schedule 1 (withdrawals not triggering a charge) the provisions in sub-paragraphs (2) to (14) apply. 2 the withdrawal must only be used by the account investor towards defraying the purchase price for the acquisition by the account investor as a first-time buyer of a residential property. 3 the purchase price must not exceed 450,000. 4 the account investor must be purchasing as sole owner or as joint owner with another individual who may already own the property. 5 the purchase must be of a legal interest in land situated in the united kingdom with a view to the account investor becoming a residential property owner. 6 the purchase must be - a funded by a loan that will be secured by a charge over the land by way of - i a legal mortgage (if land in england and wales), ii a heritable security (if land in scotland), or iii a legal charge, mortgage by conveyance, demise, assignment or sub-demise (if land in northern ireland); or b made under the terms of a regulated home purchase plan. 7 except in the circumstances specified in paragraph (8) the charge under paragraph (6) (a) must not be by way of a buy to let mortgage. 8 the circumstances specified in this paragraph are where the account investor is an individual described in regulation 10a(2)(f)(i) or (ii) who is unable to occupy the land as their only or main residence at the time of the acquisition but intends, in the future, to so occupy such land. 9 the account investor must - a on completion of the purchase occupy the land as their only or main residence; or b in consequence of the land comprising a residential property in the process of being constructed or adapted for use as a dwelling, on completion of the purchase must intend it to be their only or main residence and must occupy it as such on its becoming suitable for such use; or c in consequence of the account investor being an individual described in regulation 10a(2)(f)(i) or (ii), be unable to so occupy the land but must intend to do so in the future. 10 the withdrawal and, where there is more than one withdrawal made for the purposes of the purchase, the aggregate of them, must not exceed the purchase price on completion of the purchase. 11 the account investor's lifetime isa from which the withdrawal is made must have been open for at least 12 months after the date of the first payment into it and, for this purpose, a lifetime isa opened in the circumstances provided for in regulation 12b(5) is to be treated as being the same lifetime isa as the one from which the moneys transferred or paid into the account originated. 12 the amount of the withdrawal must be passed directly by the account manager to the account investor's conveyancer, who must be an eligible conveyancer. 13 the account investor must - a provide to their conveyancer the information specified in paragraph 8(1) together with the declaration specified in paragraph 8(3); and b procure that the conveyancer provide the information set out in paragraph (8)(2) to their account manager together with the declaration specified in paragraph 8(3). 14 where the account manager has received all of the information specified in paragraph (13)(b) and has no reason to believe that the information and declarations are not true and complete, the account manager must transfer the amount of the withdrawal to the account investor's conveyancer within the period stipulated under regulation 4(7). definitions for the purposes of paragraph 6 7 the following definitions apply for the purposes of paragraph 6 - "buy to let mortgage" means a loan made to one or more borrowers to be secured by a mortgage over a residential property that is - either - let at the date the mortgage is granted, or intended by the borrower or borrowers to be let either at that time or in the future, and marketed as being intended for such purpose; "eligible conveyancer" means - in england and wales, a conveyancer within the meaning of rule 217a of the land registration rules 2003 ; in scotland, a solicitor or advocate within the meaning of section 65 of the solicitors (scotland) act 1980 , or a conveyancing practitioner as defined in section 23 of the law reform (miscellaneous provisions) (scotland) act 1990 ; or in northern ireland, a person enrolled as a solicitor of the court of judicature of northern ireland pursuant to the solicitors (northern ireland) order 1976 ; "first-time buyer" means an account investor who is not, and never has been, a residential property owner; "a legal interest in land" includes land which will be acquired under the terms of a regulated home purchase plan; "purchase price" means - in connection with the acquisition of any legal interest in land in circumstances other than those described in paragraph (b), (c) or (d), the value of the consideration required to be paid, and which is paid, by the purchaser under the sale and purchase agreement entered into in connection with the acquisition of that interest in land; or in connection with the acquisition of any legal interest in land under the terms of a regulated home purchase plan, the value of the consideration required to be paid, and which is paid, to the original seller for the interest in that land; or in connection with the acquisition of a legal interest in land by an individual who as a result of the acquisition becomes a joint owner of the land with another individual who previously owned the land, the market value of the whole of the land as determined at the time of the acquisition; or in connection with the acquisition of a leasehold legal interest in land under a shared ownership arrangement - the value determined in accordance with paragraph (a), or the value of the premium required to be paid, and which is paid, by the purchaser under the sale and purchase agreement entered into in connection with the acquisition of that interest, divided by the fraction representing the share of the property to be acquired on completion by the purchaser in return for the premium (howsoever described in the sale and purchase agreement or the lease); "regulated home purchase plan" means a home purchase plan that is a regulated home purchase plan within the meaning of article 63f of the regulated activities order 2001 ; "residential property owner" means an individual who owns as sole or joint owner an interest in residential property (including a legal interest in land acquired under the terms of a regulated home purchase plan or a shared ownership arrangement) which is - in england or wales - freehold; leasehold, where the lease was originally granted for a term certain exceeding 21 years; or commonhold; in scotland, registered or recorded, or would be capable of being registered or recorded, as a right of absolute ownership in the land register of scotland or general register of sasines in scotland, as applicable; in northern ireland - freehold; or leasehold, where the lease was originally granted for a term certain exceeding 21 years; or an equivalent interest in land to the legal interests in land listed in paragraphs (a) to (c) under the laws of any jurisdiction outside the united kingdom; "residential property" means a legal interest in land which comprises a building that is used or suitable for use as a dwelling, or is in the process of being constructed or adapted for such use; and "shared ownership arrangement" means an arrangement whereby a purchaser acquires from a housing association, local authority or other person a leasehold legal interest in a property which is specified in the sale and purchase agreement and the lease to be comprised of - a share for which the purchaser is required to pay a premium on completion, and a separate share in respect of which the purchaser is required to pay a periodic rent over the term of the lease. specified information for the purposes of paragraph 6 8 1 the information to be provided by the account investor to their conveyancer under this sub-paragraph is - a the amount of the withdrawal; b the full name and address details (including postcode) of the account manager and the account number of the lifetime isa to which the withdrawal relates; c a declaration that the account investor is a first-time buyer; d the full address details of the residential property; e the purchase price of the residential property; f a declaration that the withdrawal will only be used towards defraying the purchase price for the acquisition of the residential property; g a declaration that the account investor - i is not also claiming a bonus under a help to buy isa (within the meaning of regulation 5ddc(6)); and ii has not received payment of such a bonus unless its full amount has been repaid to the scheme administrator of the help to buy isa in accordance with applicable scheme rules; h if known, the name and address of the seller's conveyancer for the acquisition to whom the amount of the withdrawal should be paid by the account investor's conveyancer; and i a declaration that the provisions of paragraph 6(2) to (13) have been, or will on completion of the purchase, be complied with or, in the case of occupation under paragraph 6(9)(b), when that will take place. 2 the information to be provided by the account investor's conveyancer to the account investor's account manager under this sub-paragraph is - a a declaration that they are an eligible conveyancer; b a declaration that they have received the information under sub-paragraph (1) and sub-paragraph (3) relative to the account investor; c the purchase price of the residential property in question; d a declaration that the funds withdrawn from the lifetime isa will only be released towards defraying the purchase price for the acquisition of the residential property; e the account details where the withdrawal should be transferred; and f the conveyancer's unique conveyancer registration number with the appropriate professional body. 3 information provided under sub-paragraphs (1) and (2) must be accompanied by a declaration made by the individual providing it that it is true and complete to the best of the individual's knowledge and belief. information from conveyancer 9 1 within 10 business days after either of the events listed in sub-paragraph (2) the account investor must procure that the conveyancer provides the information referred to in sub-paragraph (3) to the account investor's account manager of the lifetime isa from which the withdrawal for the acquisition was made. 2 the events referred to in sub-paragraph (1) are - a the purchase of the residential property being completed; b the purchase not completing within 90 days of the date of receipt of the withdrawal by the conveyancer or, if earlier, the withdrawal of the account investor or the seller from the sale and purchase of the residential property. 3 the information referred to in sub-paragraph (1) is - a in the case of a purchase completing - i the date of completion of the purchase; ii the account number of the lifetime isa from which the withdrawal was made; and iii the conveyancer's unique conveyancer reference number with the appropriate professional body. b in the case of a purchase not completing, - i a declaration that the purchase of the residential property in question has not completed; ii the amount of the withdrawal that is being returned and, if it is not the full amount, an account of any shortfall; iii the name and address of the account investor; iv the account number of the lifetime isa from which the withdrawal was made; v the conveyancer's unique conveyancer registration number with the appropriate professional body; and c in either of the events listed in sub-paragraph (2), a declaration, to the best of the individual's knowledge and belief, as to whether any of the requirements of paragraph 6(2) to (13) has not been complied with or any information provided under paragraph 8 is not true or complete. purchase failure 10 1 where a purchase fails to complete, the account investor must procure that the conveyancer, within 10 business days of either of the events listed in paragraph 9(2)(b), must return the full amount of the account investor's withdrawal for the purchase to the account manager, to be held for the account investor in a lifetime isa. 2 if there is a shortfall in the amount returned to the account manager, that amount is to be treated for the purposes of paragraph 7(4) of schedule 1 as a withdrawal to which paragraph 8(6) of that schedule applies. 3 where a person accountable under this paragraph is notified by the board that an amount is due from them under it, that amount shall be treated for the purposes of part 6 of the management act (collection and recovery) as if it were tax charged in an assessment and due and payable. 4 the time limits in sections 34, 36 and 40 of the management act, as they apply to assessments, apply to amounts payable under sub-paragraph (3). 5 paragraph 16 (appeals) applies to any notification under this paragraph. 6 the effect of any notification is suspended by an appeal under paragraph 16 until the appeal is determined or withdrawn. amounts not treated as withdrawals 11 for the purposes of paragraphs 7(2) and 11(b) of schedule 1, withdrawals, removals or losses from a lifetime isa do not count for the application of a withdrawal charge if they are in respect of - a a payment (including a government bonus) to an invalid account under regulation 4a or 4aa; b excess payments and their proceeds described in regulation 4aa; c any fees or charges properly levied or charged in respect of the management by the account manager of a lifetime isa and account investments in accordance with their terms and conditions; d a default event under regulation 5dc or in respect of an act or omission or circumstance not attributable to the account investor; or e an amount recouped in accordance with paragraph 12. recoupment of government bonus payment 12 1 where an amount has been wrongly paid by way of government bonus, the amount must be accounted for to the board by - a the account manager of the lifetime isa (to the extent that assets relating to the account, or directly or indirectly representing the amount, are in the account manager's possession or control); b the person who is the account investor (to the extent that the amount has been made or credited to the account investor); and c any person in whom the amount, or any property directly or indirectly representing any of it, is vested (whether beneficially or otherwise); and the persons under (a), (b) and (c) shall be jointly and severally liable for the repayment of the amount (subject to the limitation applying under sub-paragraphs (a) and (b)). 2 where a person accountable under this paragraph is notified by the board that an amount is due from them that amount shall be treated for the purposes of part 6 of the management act as if it were tax charged in an assessment and due and payable. 3 the time limits in sections 34, 36 and 40 of the management act, as they apply to assessments, apply to amounts payable under this paragraph. 4 paragraph 16 (appeals) applies to any notification under this paragraph. 5 the effect of sub-paragraph (2) is suspended by an appeal under paragraph 16 until the appeal is determined or withdrawn. withdrawals: information returns 13 1 for the purposes of paragraph 9(1)(a) of schedule 1, within 14 days after the end of a claim period, a person who is or was an account manager of a lifetime isa during that period must submit to the board returns of information relating to the lifetime isa in respect of that period. 2 the board may from time to time specify - a the information to be included in a return; b the form of a return; c the form or manner in which a return is to be submitted; and d the period to which a return must relate. 3 where a return has been made and the account manager becomes aware within four years after the end of the claim period that - a anything which should have been included in the return has not been so included, b anything which should not have been included in the return has been so included, or c any other error has occurred in the return, the account manager must correct the error without delay. 4 the board may enquire into a return if the board has reasonable grounds for believing that an error has occurred in the return and give notice to the account manager of the board's intention to do so no later than 12 months after the date on which the return is made. 5 sub-paragraph (1) is not to apply for 2017-18 to an account manager for an account which has been transferred to another account before the end of the claim period. payment to the board of withdrawal charges 14 1 for the purpose of paragraph 9(1)(e) of schedule 1, an account manager liable under paragraph 8(3)(b) of that schedule must pay to the board within 14 days after the end of each claim period the amounts due in respect of the period. 2 where a person accountable under paragraph 8 of schedule 1 is notified by the board that an amount is due from them, that amount shall be treated for the purposes of part 6 of the management act as if it were tax charged in an assessment and due and payable. 3 the time limits in sections 34, 36 and 40 of the management act, as they apply to assessments, apply to amounts payable under sub-paragraph (2). 4 an account investor may apply to the board where a withdrawal charge has been wrongly made (including, without limitation, in circumstances not attributable to the account investor where paragraphs 4(2) or (3) would otherwise apply) for a refund of the amount of the withdrawal charge. 5 an application under sub-paragraph (4) must be made within 4 years after the making of the withdrawal charge. 6 if an application is made, the board must make any necessary repayment of the charge. 7 paragraph 16 (appeals) applies to any decision of the board in relation to a notification under sub-paragraph (2) or an application under sub-paragraph (4). 8 the effect of any notification under sub-paragraph (2) is suspended by the making of an appeal under paragraph 16 until the appeal is determined or withdrawn. 9 the effect of any decision in relation to an application under sub-paragraph (4) is not suspended by the making of an appeal in relation to such an application. 10 a transfer from a lifetime isa to an account other than another lifetime isa of the account investor is to be treated as a withdrawal. payments and interest 15 1 any amount which is payable by virtue of an assessment made, or treated as made, under this schedule is payable on the day following the end of the period of 30 days beginning with the day on which the notice of assessment is given. 2 sections 101 and 103 of the finance act 2009 apply for late payment interest on any amount that is payable to the board under this schedule which amount payable for this purpose is to be treated as income tax. 3 sections 102 and 103 of that act apply for repayment interest on any amount that is payable by the board under this schedule which amount payable is to be treated as a repayment of an overpayment of income tax. appeals 16 1 this paragraph applies to a review or appeal in respect of a decision made or notification given by the board under any of paragraphs 3 (rejection of government bonus claim), 10 (purchase failure), 12 (recoupment of government bonus), 14 (withdrawal charges) and 15(1) (payments and interest). 2 notice of an appeal must be given to the board within 30 days after the date on which notice of the decision or other notification was given. 3 notice of an appeal must - a specify the grounds of appeal; b be given in writing; c contain sufficient information to identify the appellant and the decision against which the appeal is being made; and d be signed, or authenticated in another way approved by the board, by or on behalf of the appellant. 4 sections 49, 49a to 49i and 54 of the management act apply in relation to proceedings for a review and appeal. 5 the following provisions apply where a person is appealing to the tribunal. 6 the tribunal must either - a dismiss the appeal, or b quash the whole or part of the decision to which the appeal relates. 7 the tribunal may act as mentioned in sub-paragraph (6)(b) only to the extent that it is satisfied that the decision was wrong on one or more of the following grounds - a that the decision was based, wholly or partly, on an error of fact; b that the decision was wrong in law. 8 if the tribunal quashes the whole or part of a decision, it may either - a refer the matter back to the board with a direction to reconsider and make a new decision in accordance with its ruling, or b substitute its own decision for that of the board. 9 the tribunal may not direct the board to take any action which they would not otherwise have the power to take in relation to the decision. 10 a decision of the tribunal made by virtue of this section has the same effect as, and may be enforced in the same manner as, a decision of the board. 11 in this paragraph "the tribunal" means the first-tier tribunal, or when determined by or under tribunal procedure rules, the upper tribunal. information to be given by account manager to account investor 17 if the account investor so requests in writing, an account manager who makes a payment to an account investor out of an account from which a withdrawal charge has been deducted must, within 30 days beginning with the day after the day of receipt of the request, furnish the account investor with a statement in writing showing - a the gross amount of the payment, b the amount deducted, and c the amount actually paid. extensions 18 the board may authorise an extension to any period of time provided for under this schedule. . andrew griffiths guy opperman two of the lords commissioners of her majesty's treasury 21st march 2017

citation, commencement and application 1 1 these regulations may be cited as the universal credit (reduction of the earnings taper rate) amendment regulations 2017 and come into force on 10th april 2017, except as provided by paragraph (2). 2 regulation 2(3) comes into force on the same day as, but immediately after the universal credit (surpluses and self-employed losses) (digital service) amendment regulations 2015 come into force. 3 where an amendment made by these regulations applies in respect of an existing award of universal credit, that amendment has effect for the purposes of that award - a on the date on which that amendment comes into force, if there is an assessment period for that award that begins on that day; or b if sub-paragraph (a) does not apply, on the first day of the next assessment period for the award beginning after that day. 4 for the purposes of paragraph (3), "existing award of universal credit" means an award of universal credit that exists on the date on which the relevant amendment comes into force. changes to calculation of deductions in respect of earned income 2 1 the universal credit regulations 2013 are amended as follows. 2 in regulation 22(1)(b)(i) and (ii) (deduction of income and work allowance), substitute "63%" for "65%". 3 in the definition of "the nil uc threshold" in regulation 54a(6) (surplus earnings), in the formula substitute "63" for "65". signed by authority of the secretary of state for work and pensions. damien hinds minister of state department for work and pensions 8th march 2017

citation and commencement 1 this order may be cited as the south tees development corporation (establishment) order 2017 and comes into force on 1st august 2017. mayoral development area 2 1 the mayoral development area is the area of land shown bounded externally by the inside edge of the black line on the map. 2 in paragraph (1), "the map" means the map marked "map referred to in the south tees development corporation (establishment) order 2017" of which prints signed by a deputy director in the department for communities and local government have been deposited, and are available for inspection, at the offices of the secretary of state for communities and local government and at the offices of the combined authority. establishment and naming of the south tees development corporation 3 there is established a corporation for the mayoral development area named the "south tees development corporation". signed by authority of the secretary of state for communities and local government jake berry parliamentary under secretary of state department for communities and local government 3rd july 2017

citation and commencement 1 this order may be cited as the marshall scholarships order 2017 and comes into force on 23rd january 2018. amendment of the marshall aid commemoration act 1953 2 in section 1 of the marshall aid commemoration act 1953 (funding of marshall scholarships), for "forty" substitute "50". revocation 3 the marshall scholarships order 1972 and the marshall scholarships order 1990 are revoked. ceri king deputy clerk of the privy council

citation and commencement 1 1 this order may be cited as the tees valley combined authority (functions and amendment) order 2017. 2 save as provided for in paragraph (3), this order comes into force on 8th may 2017. 3 article 8(3)(d)(ii) comes into force on the day after the day on which the order is made. interpretation 2 in this order - "the 2000 act" means the transport act 2000 ; "the 2003 act" means the local government act 2003 ; "the 2009 act" means the local democracy, economic development and construction act 2009; "the 2016 order" means the tees valley combined authority order 2016 ; "combined area" means the area of the combined authority; "combined authority" means the tees valley combined authority, established by the 2016 order ; "constituent councils" means the councils for the local government areas of darlington, hartlepool, middlesbrough, redcar and cleveland and stockton-on-tees; and "mayor" means the mayor for the combined area . power to pay grant 3 1 the functions of a minister of the crown specified in section 31 of the 2003 act (power to pay grant) are functions of the combined authority that are exercisable in relation to the combined area. 2 the functions are exercisable by the combined authority concurrently with a minister of the crown. 3 paragraph (4) applies where, in exercising functions under paragraphs (1) and (2), the combined authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions. 4 in determining that amount, the combined authority must have regard to the desirability of ensuring that the council has sufficient funds to facilitate the effective discharge of those functions. 5 to comply with paragraph (4), the combined authority must take into account any other sources of funding available to the council for expenditure incurred or to be incurred in relation to the exercise of its highway functions. 6 for the purposes of the exercise by the combined authority of the functions referred to in paragraphs (1) and (2), section 31 of the 2003 act has effect as if - a in subsection (1) - i the reference to a minister of the crown were a reference to the combined authority; ii the reference to a local authority in england were a reference to a constituent council; b subsection (2) were omitted; c in subsections (3) and (4), the references to the person paying it (the grant) were references to the combined authority; d subsection (6) were omitted. 7 in this article "highway functions" means the functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which they are the highway authority. local transport 4 1 the following are exercisable by the combined authority in relation to the combined area - a the functions of the constituent councils contained in parts 4 (local passenger transport services) and 5 (financial provisions) of the transport act 1985 ; and b the functions of the constituent councils as local transport authorities contained in part 2 (local transport) of the 2000 act. 2 the functions mentioned in paragraph (1) are exercisable by the combined authority instead of by the constituent councils. 3 article 6 of the 2016 order is omitted . housing 5 1 the function of the constituent councils under section 8 of the housing act 1985 (periodical review of housing needs) is exercisable by the combined authority in relation to the combined area. 2 the function is exercisable concurrently with the constituent councils. general functions of the combined authority exercisable only by the mayor 6 1 the following functions of the combined authority are general functions exercisable only by the mayor - a section 31 of the 2003 act (power to pay grant); b sections 108 (local transport plans), 109 (further provision about plans: england) and 112 (plans and strategies: supplementary) of the 2000 act . 2 the mayor may only exercise functions mentioned in paragraph (1)(b) if - a the mayor has laid before the combined authority, in accordance with standing orders of the combined authority - i a draft of the local transport plan; ii a draft of the local transport plan with any alterations; or iii a replacement of the local transport plan; stating that the mayor is proposing to exercise the mayor's functions under sections 108 or 109 of the 2008 act; and b the consideration period for the document has expired without the combined authority having rejected the proposal. 3 for the purpose of subsection (2) - a the "consideration period" for a document is the period of 21 days beginning with the day on which the document is laid before the combined authority in accordance with standing orders of the combined authority; and b the combined authority rejects a proposal if it resolves to do so on a motion - i considered at a meeting of the combined authority; and ii agreed to by at least three-fifths of the members of the combined authority appointed by the constituent councils or substitute members acting in place of those members, present and voting. 4 members and officers of the combined authority may assist the mayor in the exercise of the functions mentioned in paragraph (1). 5 for the purposes of the exercise of the general functions mentioned in paragraph (1) the mayor may do anything that the combined authority may do under section 113a of the 2009 act (general power of epb or combined authority) . funding 7 1 the constituent councils must ensure that any reasonably incurred costs of the combined authority are met to the extent that the combined authority has not decided to meet these costs from other resources available to it. 2 subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the mayor in, or in connection with, the exercise of the functions specified in articles 3 and 4 (in relation only to the functions in sections 108, 109 and 112 of the 2000 act that relate to plans) 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 the following shares between the constituent councils - darlington 15.80% hartlepool 14.67% middlesbrough 20.89% redcar and cleveland 20.97% stockton-on-tees 27.67%. 4 in relation to the expenditure mentioned in paragraph (2) - a to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3) - i the mayor must agree with the combined authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and ii in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred; b any precept issued in relation to such expenditure under section 40 of the local government finance act 1992 is to be disregarded from any calculation of the costs of the expenditure. 5 the functions mentioned in article 4 may be funded out of the levy issued by the combined authority to the constituent councils under section 74 of the local government finance act 1988 and in accordance with the transport levying bodies regulations 1992 . amendment of the tees valley combined authority order 2016 8 1 the 2016 order is amended as follows. 2 in article 2 (interpretation) after the definition of "the local enterprise partnership" insert - "mayor" means the mayor for the area of the combined authority; and . 3 schedule 1 (constitution) is amended as follows - a in paragraph 1(2) (membership), after "sub-paragraph 1" insert "or if that member has been appointed as the deputy mayor and is acting in place of the mayor at a meeting"; b paragraph 2 (chairman and vice-chairman) is omitted ; and c for paragraph 3 (proceedings) there is substituted - proceedings 3 1 subject to the following sub-paragraphs, any questions that are to be decided by the combined authority are to be decided by a majority of the members present and voting on that question at a meeting of the combined authority, and such a majority must include the mayor, or the deputy mayor acting in place of the mayor, and substitute members, acting in place of members. 2 no business is to be transacted at a meeting of the combined authority unless the mayor, or the deputy mayor acting in place of the mayor, and at least three members, or substitute members, appointed by the constituent councils are present at the meeting. 3 each member is to have one vote and no member is to have a casting vote. 4 if a vote is tied on any matter it is deemed not to have been carried. 5 members appointed from the local enterprise partnership shall be non-voting members of the combined authority. 6 questions relating to the following matters require a unanimous vote in favour by all members appointed by the constituent councils present and voting on that question (including substitute members acting in place of those members) and the mayor (including the deputy mayor acting in place of the mayor) to be carried at a meeting of the combined authority - a adoption of an investment plan; b setting of any transport levy under section 74 of the local government finance act 1988 and in accordance with regulations made thereunder; and c such other plans and strategies as may be determined by the combined authority and set out in its standing orders. 7 the proceedings of the combined authority are not invalidated by any vacancy among its members or substitute members or by any defect in the appointment or qualifications of any member. 8 in sub-paragraphs (3) and (7), the reference to a member includes - a the mayor or the deputy mayor acting in place of the mayor; b a constituent member or a substitute member acting in that member's place; and c a member appointed from the local enterprise partnerships who has been given voting rights by resolution of the combined authority ; d in paragraph 4 (committees) - i for sub-paragraph (3) there is substituted - 3 no business is to be transacted at a meeting of the overview and scrutiny committee unless at least two-thirds of the total number of members of the overview and scrutiny committee are present. ; and ii after sub-paragraph (10) there is inserted - independent remuneration panel 4a the combined authority may establish an independent remuneration panel to recommend allowances payable to the mayor. 2 an independent remuneration panel must consist of at least three members none of whom - a is also a member of the combined authority or is a member of a committee or sub-committee of the combined authority; and b is disqualified from being or becoming a member of the combined authority. 3 the combined authority may pay the expenses incurred by an independent remuneration panel established under sub-paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the combined authority may determine. 4 an independent remuneration panel must produce a report in relation to the combined authority, making recommendations as to any allowances payable to the mayor. 5 a copy of a report made under paragraph (4) must be sent to the combined authority. ; and e for paragraph 7 (remuneration) there is substituted - 7 1 subject to paragraph (2), no remuneration is payable by the combined authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the combined authority. 2 the combined authority may pay the mayor such allowances as it may agree, in accordance with any recommendations made by its independent remuneration panel. . signed by authority of the secretary of state for communities and local government sajid javid secretary of state department for communities and local government 16th march 2017

citation, commencement and interpretation 1 1 this order may be cited as the east lancashire hospitals national health service trust (establishment) and the blackburn, hyndburn and ribble valley health care national health service trust and burnley health care national health service trust (dissolution) (amendment) order 2017 and comes into force on 10th february 2017. 2 in this order, "the establishment order" means the east lancashire hospitals national health service trust (establishment) and the blackburn, hyndburn and ribble valley health care national health service trust and burnley health care national health service trust (dissolution) order 2002 . substitution of article 4 of the establishment order 2 for article 4 of the establishment order (directors of the trust) substitute - directors of the trust 4 1 the trust must have, in addition to the chairman, 7 non-executive directors and 5 executive directors. 2 since the trust is to be regarded as having a significant teaching commitment, one of the non-executive directors must be appointed from the university of central lancashire. . signed by authority of the secretary of state for health. philip dunne minister of state, department of health 26th january 2017

citation and commencement 1 this order may be cited as the plant health (england) (amendment) (no. 2) order 2017 and comes into force on 1st january 2018. amendment of the plant health (england) order 2015 2 the plant health (england) order 2015 is amended as follows. article 2 (general interpretation) 3 in article 2 - a in paragraph (1) - i omit the definition of " decision 2012/756/eu "; ii after the definition of "decision (eu) 2016/715" insert - decision (eu) 2017/198" means commission implementing decision (eu) 2017/198 as regards measures to prevent the introduction into and the spread within the union of pseudomonas syringae pv. actinidiae takikawa, serizawa, ichikawa, tsuyumu & goto ; ; iii after the definition of "ispm no. 10" insert - "ispm no. 31" means international standard for phytosanitary measures no. 31 of april 2008 on methodologies for sampling consignments, prepared by the secretariat of the ippc established by the food and agriculture organisation of the united nations ; ; iv for the definition of "seed potatoes regulations" substitute - "seed potatoes regulations" means the seed potatoes (england) regulations 2015 ; ; b in paragraph (5) - i omit sub-paragraph (l); ii after sub-paragraph (p) insert - q decision (eu) 2017/198. . article 3 (interpretation of part 2) 4 in article 3, for the definition of "customs code" substitute - "customs code" means regulation (eu) no 952/2013 of the european parliament and of the council laying down the union customs code ; . article 9 (presentation and display of documents) 5 in article 9(5), for "article 4(16)(a) and (d) to (g)" substitute "article 5(16)(a) and (b)". article 14 (power of an officer for revenue and customs) 6 in article 14(1) - a for "if the material, container, package or cargo - " substitute "if the material, container, package or cargo is under customs supervision pursuant to article 134 of the customs code"; b omit sub-paragraphs (a) and (b). article 17 (approved places of inspection) 7 in article 17(5)(a), for the words from ", as referred to" to the end substitute "within the meaning of article 148 of the customs code". schedule 1 (plant pests which may not be introduced into or spread within england) 8 1 in part a of schedule 1 - a under the heading "insects, mites and nematodes" - i after item 9 insert - 9a. bactericera cockerelli (sulc.) ; ii after item 22 insert - 22a. keiferia lycopersicella (walsingham) ; iii after item 33 insert - 33a. saperda candida fabricius ; iv after item 39 insert - 39a. thaumatotibia leucotreta (meyrick) ; b under the heading "bacteria" - i omit item 3; ii at the end insert - 4. xanthomonas citri pv. aurantifolii 5. xanthomonas citri pv. citri ; c under the heading "fungi" - i after item 12 insert - 12a. phyllosticta citricarpa (mcalpine) van der aa ; ii in item 13, for "ell. and ev." substitute "ellis & everhart"; d under the heading "viruses and virus-like organisms" - i omit item 1; ii in item 2, omit "potato spindle tuber viroid,". 2 in part b of schedule 1 - a under the heading "insects, mites and nematodes", in item 10, for " popilia " substitute " popillia "; b under the heading "bacteria", after item 2 insert - 3. xylella fastidiosa (wells et al. ) ; c under the heading "viruses and virus-like organisms", after item 2 insert - 2a. candidatus phytoplasma ulmi . 3 in part c of schedule 1, in the second column of the table - a after "epsom and ewell," insert "guildford,"; b for "and west berkshire" substitute ", west berkshire and woking". schedule 2 (relevant material which may not be introduced into or moved within england if that material is carrying or infected with plant pests) 9 1 in part a of schedule 2 - a under the heading "insects, mites and nematodes", in the entry in the third column of item 5, for " aonidella " substitute " aonidiella "; b under the heading "bacteria" - i in the entry in the second column of item 2, for " mais " substitute " mays "; ii omit item 3; c under the heading "fungi", omit item 11. 2 in part b of schedule 2 - a under the heading ""insects, mites and nematodes" - i after item 9 insert - 9a. plants of palmae , intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: brahea mart., butia becc., chamaerops l., jubaea kunth., livistona r. br., phoenix l., sabal adans., syagrus mart., trachycarpus h. wendl., trithrinax mart. or washingtonia raf. paysandisia archon (burmeister) ; ii after item 10 insert - 10a. plants of palmae , intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: areca catechu l., arenga pinnata (wurmb) merr., bismarckia hildebr. & h. wendl., borassus flabellifer l., brahea armata s. watson, brahea edulis h. wendl., butia capitata (mart.) becc., calamus merrillii becc., caryota maxima blume, caryota cumingii lodd. ex mart., chamaerops humilis l., cocos nucifera l., copernicia mart., corypha utan lam., elaeis guineenis jacq., howea forsteriana becc., jubaea chilensis (molina) baill., livistona australis c. martius, livistona decora (w. bull) dowe, livistonia rotundifolia (lam.) mart., metroxylon sagu rottb., phoenix canariensis chabaud, phoenix dactylifera l., phoenix reclinata jacq., phoenix roebelenii o'brien, phoenix sylvestris (l.) roxb., phoenix theophrasti greuter, pritchardia seem. & h. wendl., ravenea rivularis jum. & h. perrier, roystonea regia (kunth) o.f. cook, sabal palmetto (walter) lodd. ex schult. & schult. f., syagrus roman-zoffiana (cham.) glassman, trachycarpus fortunei (hook.) h. wendl. or washingtonia raf. rhynchophorus ferrugineus (olivier) 10b. plants, other than fruit or seeds, of pinus l., intended for planting thaumetopoea pityocampa denis & schiffermller ; iii omit item 13; b under the heading "bacteria", in the entry in the third column of item 8, for " xanthomonas campestris pv. pruni (smith) dye" substitute " xanthomonas arboricola pv. pruni (smith) vauterin et al. "; c under the heading "viruses and virus-like organisms" - i after item 2 insert - 2a. plants, other than seeds, of ulmus l., intended for planting candidatus phytoplasma ulmi ; ii after item 7 insert - 7a. plants of solanum lycopersicum l., capsicum annuum l. or capsicum frutescens l., intended for planting, or plants of solanum tuberosum l. potato spindle tuber viroid . schedule 3 (relevant material which may not be introduced into england if that material originates in certain third countries) 10 in schedule 3, omit item 17. schedule 4 (restrictions on the introduction into and movement within england of relevant material) 11 1 in part a of schedule 4 - a in the entry in the third column of item 13, for "elm phlem necrosis mycoplasm" substitute " candidatus phytoplasma ulmi"; b after item 13 insert - 13a. plants, other than scions, cuttings, plants in tissue culture, pollen or seeds, of amelanchier medik., aronia medik., cotoneaster medik., crataegus l., cydonia mill., malus mill., prunus l., pyracantha m. roem., pyrus l. or sorbus l., intended for planting, originating in canada or the usa the plants must be accompanied by an official statement that: they have been grown throughout their life in an area free from saperda candida fabricius, established by the national plant protection organisation in the country of origin in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading "additional declaration"; or they have been grown during a period of at least two years prior to export, or in the case of plants which are younger than two years, have been grown throughout their life, in a place of production established as free from saperda candida fabricius in accordance with ispm no. 10: which is registered and supervised by the national plant protection organisation in the country of origin; which has been subjected annually to two official inspections for any signs of saperda candida fabricius carried out at appropriate times; where the plants have been grown in a site with complete physical protection against the introduction of saperda candida fabricius or with the application of appropriate preventive treatments and surrounded by a buffer zone with a width of at least 500 m in which the absence of saperda candida fabricius has been confirmed by official surveys carried out annually at appropriate times; and immediately prior to export, the plants, and in particular their stems, have been subjected to a meticulous inspection for the presence of saperda candida fabricius, which included destructive sampling, where appropriate ; c for items 15 to 17 substitute - 15. fruits of citrus l., fortunella swingle, poncirus raf., microcitrus swingle, naringi adans., or swinglea merr., originating in any third country the fruits must be accompanied by an official statement that: they originate in a country recognised as being free from xanthomonas >citri pv. citri and xanthomonas citri pv. aurantifolii in accordance with ispm no. 4, and which has been previously notified in writing to the european commission by the relevant national plant protection organisation; they originate in an area established by the national plant protection organisation in the country of origin as being free from xanthomonas citri pv. citri and xanthomonas citri pv. aurantifolii in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration" and has been previously notified in writing to the european commission by the relevant national plant protection organisation; they originate in a place of production established by the national plant protection organisation as being free from xanthomonas citri pv. citri and xanthomonas citri pv. aurantifolii in accordance with ispm no. 10, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration"; or they: have been subjected to a treatment with sodium orthophenylphenate or any other effective treatment which has been previously notified in writing to the european commission by the relevant national plant protection organisation; originate in a site of production, which along with the immediate vicinity, are subject to appropriate treatments and cultural practices against xanthomonas citri pv. citri and xanthomonas citri pv. aurantifolii ; and are free from symptoms of xanthomonas citri pv. citri and xanthomonas citri pv. aurantifolii , as shown from official inspections carried out at appropriate times prior to export; and which includes information on traceability 16. fruits of citrus l., fortunella swingle or poncirus raf., originating in any third country the fruits must be accompanied by an official statement that: they originate in a country recognised as being free from cercospora angolensis carv. et mendes in accordance with ispm no. 4, and which has been previously notified in writing to the european commission by the relevant national plant protection organisation; they originate in an area recognised as being free from cercospora angolensis carv. et mendes in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration" and has been previously notified in writing to the european commission by the relevant national plant protection organisation; or no symptoms of cercospora angolensis carv. et mendes have been observed in the site of production and in its immediate vicinity since the beginning of the last cycle of vegetation and none of fruits harvested in the site of production has shown, in appropriate official examination, symptoms of this plant pest 17. fruits of citrus l., fortunella swingle or poncirus raf., other than fruits of citrus aurantium l. or citrus latifolia tanaka, originating in any third country, other than argentina, brazil, south africa or uruguay the fruits must be accompanied by an official statement that: they originate in a country recognised as being free from phyllosticta citricarpa (mcalpine) van der aa in accordance with ispm no. 4, and which has been previously notified in writing to the european commission by the relevant national plant protection organisation; they originate in an area established by the national plant protection organisation in the country of origin as being free from phyllosticta citricarpa (mcalpine) van der aa in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration" and has been previously notified in writing to the european commission by the relevant national plant protection organisation; they: originate in a place of production established by the national plant protection organisation in the country of origin as being free from phyllosticta citricarpa (mcalpine) van der aa in accordance with ispm no. 10, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading "additional declaration"; and have been found free of symptoms of phyllosticta citricarpa (mcalpine) van der aa by official inspection of a representative sample defined in accordance with ispm no. 31; or they originate in a site of production subjected: to appropriate treatments and cultural measures against phyllosticta citricarpa (mcalpine) van der aa; and official inspections have been carried out in the site of production during the growing season since the beginning of the last cycle of vegetation, and no symptoms of phyllosticta citricarpa (mcalpine) van der aa have been detected in the fruits; and the harvested fruits from that site of production have been found free of symptoms of phyllosticta citricarpa (mcalpine) van der aa during an official inspection, prior to export, of a representative sample, defined in accordance with ispm no. 31; and which includes information on traceability ; d omit item 17a; e for items 17b and 17c - 17b. fruits of citrus l., fortunella swingle or poncirus raf., other than fruits of citrus aurantium l. or citrus latifolia tanaka, which originate in argentina, brazil, south africa or uruguay and are not destined exclusively for industrial processing into juice the fruits must: be accompanied by an official statement that they originate in an area established by the national plant protection organisation in the country of origin as being free from phyllosticta citricarpa (mcalpine) van der aa in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export and has been previously notified in writing to the european commission by the relevant national plant protection organisation; in the case of fruits originating in brazil, be accompanied by a phytosanitary certificate which includes an official statement under the heading "additional declaration" that they meet the requirements specified in articles 4 and 7 of decision (eu) 2016/715 ; in the case of fruits originating in south africa or uruguay, be accompanied by a phytosanitary certificate which includes an official statement under the heading "additional declaration" that they meet the requirements specified in articles 5 and 7 of decision (eu) 2016/715; in the case of fruits originating in argentina, be accompanied by a phytosanitary certificate which includes an official statement under the heading "additional declaration" that they meet the requirements specified in articles 5a and 7 of decision (eu) 2016/715 17c. fruits of citrus l., fortunella swingle or poncirus raf., other than fruits of citrus aurantium l. or citrus latifolia tanaka, which originate in argentina, brazil, south africa or uruguay and are destined exclusively for industrial processing into juice the fruits: must be accompanied by an official statement that: they originate in an area established by the national plant protection organisation in the country of origin as being free from phyllosticta citricarpa (mcalpine) van der aa in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration" and has been previously notified in writing to the european commission by the relevant national plant protection organisation; or they: originate in a place of production established by the national plant protection organisation in the country of origin as being free from phyllosticta citricarpa (mcalpine) van der aa in accordance with ispm no. 10, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading "additional declaration"; and have been found free of symptoms of phyllosticta citricarpa (mcalpine) van der aa by official inspection of a representative sample defined in accordance with ispm no. 31; in the case of citrus fruits for processing under decision (eu) 2016/715, must be: accompanied by a phytosanitary certificate which includes an official statement under the heading "additional declaration" in accordance with articles 9(1) and 10 of decision (eu) 2016/715 and the information specified in article 9(2) of that decision; packaged and labelled in accordance with article 17 of that decision; and subject to a licence granted under article 40(1) of this order authorising their movement within england and, where applicable, their processing and storage in england ; f after item 18 insert - 18a. fruits of capsicum (l.), citrus l., other than citrus limon (l.) osbeck. or citrus aurantii-folia (christm.) swingle, prunus persica (l.) batsch or punica granatum l., originating in any country of the african continent, cape verde, saint helena, madagascar, la reunion, mauritius or israel the fruits must be accompanied by an official statement that: they originate in a country recognised as being free from thaumatotibia leucotreta (meyrick) in accordance with ispm no. 4; they originate in an area established by the national plant protection organisation in the country of origin as being free from thaumatotibia leucotreta (meyrick) in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or the phytosanitary certificate for re-export under the heading "additional declaration"; they: originate in a place of production established by the national plant protection organisation in the country of origin as being free from thaumatotibia leucotreta (meyrick) in accordance with ispm no. 10; and are free from that plant pest as shown from official inspections carried out in the place of production at appropriate times during the growing season, which included a visual examination on representative samples of fruit, and which includes information on traceability; or in the case of fruits which have been subjected to an effective cold treatment or any other effective treatment to ensure freedom from thaumatotibia leucotreta (meyrick) which has previously been notified in writing to the european commission by the relevant national plant protection organisation, they have been subjected to such a treatment, and which includes the treatment data ; g for item 22 substitute - 22. plants, other than fruit or seeds, of casimiroa la llave, choisya kunth, clausena burm. f., murraya j.koenig ex l., vepris comm, zanthoxylum l., originating in any third country the plants must be accompanied by an official statement that: they originate in a country in which trioza erytreae del guercio is known not to occur; they originate in an area free from trioza erytreae del guercio, established by the national plant protection organisation in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration"; or they have been grown in a place of production: which is registered and supervised by the national plant protection organisation in the country of origin; where the plants were placed in a site with complete physical protection against the introduction of trioza erytreae del guercio; and where two official inspections were carried out at appropriate times during the last complete cycle of vegetation prior to their movement from the site, and no signs of that plant pest were observed in that site or in the surrounding area with a width of at least 200 m ; h after item 23 insert - 23a. plants, other than fruits or seeds, of microcitrus swingle, naringi adans. or swinglea merr., originating in any third country the plants must be accompanied by an official statement that: they originate in a country recognised as being free from xanthomonas citri pv. citri and xanthomonas citri pv. aurantifolii in accordance with ispm no. 4, and which has been notified in writing to the european commission by the relevant national plant protection organisation; or they originate in an area established by the national plant protection organisation in the country of origin as being free from xanthomonas citri pv. citri and xanthomonas citri pv. aurantifolii in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration" and has been notified in writing to the european commission by the national plant protection organisation ; i in the entry in the second column of item 25, for " xanthomonas campestris pv. pruni (smith) dye" substitute " xanthomonas arboricola pv. pruni (smith) vauterin et al ."; j after item 43 insert - 43a. plants, other than fruits or seeds, of solanum lycopersicum l. or solanum melongena l., originating in any third country the plants must be accompanied by an official statement that: they originate in a country recognised as being free from keiferia lycopersicella (walsingham) in accordance with ispm no. 4; or they originate in an area established by the national plant protection organisation in the country of origin as being free from keiferia lycopersicella (walsingham) in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration" 43b. fruits of solanum lycopersicum l. or solanum melongena l., originating in any third country the fruits must be accompanied by an official statement that: they originate in a country recognised as being free from keiferia lycopersicella (walsingham) in accordance with ispm no. 4; they originate in an area established by the national plant protection organisation in the country of origin as being free from keiferia lycopersicella (walsingham) in accordance with ispm no. 4, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration"; or they originate in a place of production established by the national plant protection organisation in the country of origin as being free from keiferia lycopersicella (walsingham) on the basis of official inspections and surveys carried out during the last three months prior to export, and which is mentioned on the phytosanitary certificate or phytosanitary certificate for re-export under the heading "additional declaration" ; k in the entry in the second column of item 84, for " mais " substitute " mays ". 2 in part b of schedule 4 - a after item 5 insert - 5a. plants, other than seeds, of ulmus l., intended for planting the plants must be accompanied by an official statement that no symptoms of candidatus phytoplasma ulmi have been observed at the place of production or in its immediate vicinity since the beginning of the last complete cycle of vegetation ; b for item 8 substitute - 8. plants, other than fruit or seeds, of citrus l., choisya kunth, fortunella swingle, poncirus raf., casimiroa la llave, clausena burm. f., murraya j.koenig ex l., vepris comm., or zanthoxylum l. the plants must be accompanied by an official statement that: they originate in an area free from trioza erytreae del guercio, established by the national plant protection organisation in accordance with ispm no. 4; they have been grown in a place of production: which is registered and supervised by the relevant competent authority in the member state of origin; where the plants were placed in a site with complete physical protection against the introduction of trioza erytreae del guercio; and where two official inspections were carried out at appropriate times during the last complete cycle of vegetation prior to their movement from the site, and no signs of that plant pest were observed in that site or in the surrounding area with a width of at least 200 m ; c in the entry in the third column of item 10, for " xanthomonas campestris pv. pruni (smith) dye" substitute " xanthomonas arboricola pv. pruni (smith) vauterin et al ."; d in the entry in the third column of item 50, for " decision 2012/756/eu " substitute " decision 2017/198/eu ". 3 in part c of schedule 4 - a after item 1 insert - 1a. plants, other than fruit or seeds, of pinus l., intended for planting the plants must be accompanied by an official statement that: they have been grown throughout their life in places of production in countries in which thaumetopoea pityocampa denis & schiffermller is not known to occur; they have been grown throughout their life in an area free from thaumetopoea pityocampa denis & schiffermller, established by the national plant protection organisation in accordance with ispm no. 4; they have been produced in nurseries which, along with their vicinity, have been found free from thaumetopoea pityocampa denis & schiffermller on the basis of official inspections and official surveys carried out at appropriate times; or they have been grown throughout their life in a site with complete physical protection against the introduction of thaumetopoea pityocampa denis & schiffermller and have been inspected at appropriate times and found to be free from thaumetopoea pityocampa denis & schiffermller ; b after item 2 insert - 2a. plants, other than seeds, of prunus l., intended for planting the plants must be accompanied by an official statement that: they have been grown throughout their life in places of production in countries in which xanthomonas arboricola pv. pruni (smith) vauterin et al . is not known to occur; they have been grown throughout their life in an area free from xanthomonas arboricola pv. pruni (smith) vauterin et al ., established by the national plant protection organisation in accordance with ispm no. 4; they have been derived in direct line from mother plants which have shown no symptoms of xanthomonas arboricola pv. pruni (smith) vauterin et al . during the last complete cycle of vegetation and no symptoms of that plant pest have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation; or in the case of plants of prunus laurocerasus l. or prunus lusitanica l. for which there is evidence from their packing or from other means that they are intended for sale to final consumers not involved in professional plant production, no symptoms of xanthomonas arboricola pv. pruni (smith) vauterin et al . have been observed on plants at the place of production since the beginning of the last complete growing season 2b. plants of palmae , intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: brahea mart., butia becc., chamaerops l., jubaea kunth, livistona r. br., phoenix l., sabal adans., syagrus mart., trachycarpus h. wendl., trithrinax mart., or washingtonia raf. the plants must be accompanied by an official statement that: they have been grown throughout their life in places of production in countries where paysandisia archon (burmeister) is known not to occur; they have been grown throughout their life in an area free from paysandisia archon (burmeister) established by the national plant protection organisation in accordance with ispm no. 4; or they have, during a period of at least two years prior to export or movement, been grown in a place of production: which is registered and supervised by the national plant protection organisation in the country of origin; where the plants were placed in a site with complete physical protection against the introduction of paysandisia archon (burmeister); and where, during three official inspections per year carried out at appropriate times, including immediately prior to movement from the place of production, no signs of paysandisia archon (burmeister) have been observed 2c. plants of palmae , intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: areca catechu l., arenga pinnata (wurmb) merr., bismarckia hildebr. & h. wendl., borassus flabellifer l., brahea armata s. watson, brahea edulis h. wendl., butia capitata (mart.) becc., calamus merrillii becc., caryota maxima blume, caryota cumingii lodd. ex mart., chamaerops humilis l., cocos nucifera l., copernicia mart., corypha utan lam., elaeis guineenis jacq., howea forsteriana becc., jubae chilensis (molina) baill., livistona australis c. martius, livistona decora (w. bull) dowe, livistona rotundifolia (lam.) mart., metroxylon sagu rottb., phoenix canariensis chabaud, phoenix dactylifera l., phoenix reclinata jacq., phoenix roebelenii o'brien, phoenix sylvestris (l.) roxb., phoenix theophrasti greuter, pritchardia seem. & h. wendl., ravenea rivularis jum. & h. perrier, roystonea regia (kunth) o.f. cook, sabal palmetto (walter) lodd. ex schult. & schult.f., syagrus roman-zoffiana (cham.) glassman, trachycarpus fortunei (hook.) h. wendl. or washingtonia raf. the plants must be accompanied by an official statement that: they have been grown throughout their life in places of production in countries where rhynchophorus ferrugineus (olivier) is known not to occur; they have been grown throughout their life in an area free from rhynchophorus ferrugineus (olivier), established by the national plant protection organisation in accordance with ispm no. 4; or they have, during a period of at least two years prior to export or movement, been grown in a place of production: which is registered and supervised by the national plant protection organisation in the country of origin; where the plants were placed in a site with complete physical protection against the introduction of rhynchophorus ferrugineus (olivier); and where, during three official inspections per year carried out at appropriate times, including immediately prior to movement from the place of production, no signs of rhynchophorus ferrugineus (olivier) have been observed ; c for item 5 substitute - 5. plants, other than seeds, tubers or corms, of begonia l., intended for planting; or plants, other than seeds, of dipladenia a.dc., ficus l., hibiscus l., mandevilla lindl. or nerium oleander l., intended for planting the plants must be accompanied by an official statement that: they originate in an area known to be free from bemisia tabaci genn. (european populations); no signs of bemisia tabaci genn. (european populations) have been observed on plants at the place of production on official inspections carried out at least once each three weeks during the nine weeks prior to marketing; where bemisia tabaci genn. (european populations) has been found at the place of production, the plants, held or produced at the place of production, have undergone an appropriate treatment to ensure freedom from bemisia tabaci genn. (european populations) and subsequently the place of production has been found free from bemisia tabaci genn. (european populations) as a consequence of the implementation of appropriate procedures aiming at eradicating bemisia tabaci genn. (european populations), in official inspections carried out weekly during the three weeks prior to the movement from the place of production, and in monitoring procedures throughout the said period; or in the case of plants for which there is evidence from their packing or their flower development or from other means that they are intended for direct sale to final consumers not involved in professional plant production, they have been officially inspected and found free from bemisia tabaci genn. (european populations) immediately prior to their movement . schedule 5 (relevant material from a third country for which a phytosanitary certificate may be required) 12 in part a of schedule 5 - a in paragraph 2(c), for " mais " substitute " mays "; b for paragraph 5 substitute - 5 fruit of - a citrus l., fortunella swingle, poncirus raf., microcitrus swingle, naringi adans., swinglea merr., momordica l., solanum lycopersicum l. or solanum melongena l.; b annona l., cydonia mill., diospyros l., malus mill., mangifera l., passiflora l., prunus l., psidium l., pyrus l., ribes l., syzygium gaertn. or vaccinium l., originating in any country outside europe; c capsicum l.; d punica granatum l., originating in any country of the african continent, cape verde, saint helena, madagascar, la reunion, mauritius or israel. . schedule 6 (prohibitions on the introduction into or movement within england of relevant material without a plant passport) 13 1 in part a of schedule 6 - a in paragraph 4 - i after "of" insert " choisya kunth,"; ii after " clausena burm. f.," insert " murraya j. koenig ex l.,"; b in paragraph 7(a), after " tsuga carr.," insert " ulmus l.,". 2 in part b of schedule 6 - a in paragraph 19, after " platanus l." insert ", prunus l., quercus spp., other than quercus suber , or ulmus l.,"; b after paragraph 20 insert - 20a plant of palmae , intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: areca catechu l., arenga pinnata (wurmb) merr., bismarckia hildebr. & h. wendl., borassus flabellifer l., brahea mart., butia becc., calamus merrillii becc., caryota maxima blume, caryota cumingii lodd. ex mart., chamaerops l., cocos nucifera l., copernicia mart., corypha utan lam., elaeis guineenis jacq., howea forsteriana becc., jubae kunth, livistona r. br., metroxylon sagu rottb., phoenix l., pritchardia seem. & h. wendl., ravenea rivularis jum. & h. perrier, roystonea regia (kunth) o.f. cook, sabal adans., syagrus mart., trachycarpus h. wendl., trithrinax mart. or washingtonia raf. 20b plants of pinus l. ; c in paragraph 22(b), for " euphorbia pulcherrima willd., ficus l. or hibiscus l." substitute " dipladenia a.dc., euphorbia pulcherrima willd., ficus l., hibiscus l., mandevilla lindl. or nerium oleander l.". schedule 7 (prohibitions on the consignment of relevant material to another part of the european union without a plant passport) 14 1 in part a of schedule 7 - a in paragraph 4 - i after "of" insert " choisya kunth,"; ii after " clausena burm. f.," insert " murraya j. koenig ex l.,"; b in paragraph 7(a), after " tsuga carr.," insert "ulmus l.,". 2 in part b of schedule 7 - a in paragraph 20, for " platanus l., populus l. or beta vulgaris l." substitute " beta vulgaris l., platanus l., populus l., prunus l., quercus spp., other than quercus suber , or ulmus l."; b after paragraph 21 insert - 21a plant of palmae , intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following taxa: areca catechu l., arenga pinnata (wurmb) merr., bismarckia hildebr. & h. wendl., borassus flabellifer l., brahea mart., butia becc., calamus merrillii becc., caryota maxima blume, caryota cumingii lodd. ex mart., chamaerops l., cocos nucifera l., copernicia mart., corypha utan lam., elaeis guineenis jacq., howea forsteriana becc., jubae kunth, livistona r. br., metroxylon sagu rottb., phoenix l., pritchardia seem. & h. wendl., ravenea rivularis jum. & h. perrier, roystonea regia (kunth) o.f. cook, sabal adans., syagrus mart., trachycarpus h. wendl., trithrinax mart. or washingtonia raf. ; c in paragraph 28(b), for " euphorbia pulcherrima willd., ficus l. or hibiscus l." substitute " dipladenia a.dc., euphorbia pulcherrima willd., ficus l., hibiscus l., mandevilla lindl. or nerium oleander l.". schedule 8 (swiss plant passports) 15 1 in part a of schedule 8 - a for paragraph 1 substitute - 1 plants, other than seeds, of amelanchier med., beta vulgaris l., chaenomeles lindl., crataegus l., cydonia mill., eriobotrya lindl., humulus lupulus l., malus mill., mespilus l., prunus l., other than prunus laurocerasus l. or prunus lusitanica l., pyracantha roem., pyrus l. or sorbus l., intended for planting. ; b omit paragraph 2; c for paragraph 4 substitute - 4 plants, other than fruit or seeds, of citrus l., fortunella swingle, poncirus raf., casimiroa la llave, clausena burm.f., vepris comm., zanthoxylum l. or vitis l. ; d after paragraph 4 insert - 4a fruits of citrus l., fortunella swingle, poncirus raf., with leaves and peduncles. ; e in paragraph 5 - i in sub-paragraph (a), after " argyanthemum spp.," insert " asparagus officinalis l.,"; ii in sub-paragraph (d), for the words from " areca catechu l.," to " oreodoxa regia kunth.," substitute " brahea mart., butia becc., chamaerops l., jubaea kunth., livistona r. br.,"; iii in sub-paragraph (g) - aa for "or bulbous rhizomes" substitute ", corms, tubers or rhizomes"; bb after " crocus flavus weston "golden yellow"," insert " dahlia spp.,"; cc after " ismene herbert," insert " lilium spp.,". 2 in part b of schedule 8 - a in paragraph 6, omit the words from ", other than plants" to the end; b in paragraph 7, omit "other than oryza spp."; c in paragraph 8, for " zea mais l." substitute ", oryza spp. or zea mays l."; d after paragraph 8 insert - 8a seeds of citrus l., fortunella swingle or poncirus raf. ; e in paragraph 10 - i in sub-paragraph (a), after " apium graveolens l." insert " eryngium l., limnophila l."; ii for sub-paragraph (d) substitute - d castanea mill., dendranthema (dc.) des moul., dianthus l., gypsophila l. , pelargonium l'herit. ex ait, phoenix spp., populus l., quercus l. or solidago l. ; iii omit sub-paragraph (e); iv at the end insert - f prunus l. originating in any country outside europe; g leaves of manihot esculenta crantz; h cut branches of betula l., with or without foliage; i cut branches of fraxinus l., juglans ailantifolia carr., juglans mandshurica maxim., ulmus davidiana planch. or pterocarya rhoifolia siebold & zucc., with or without foliage, originating in canada, china, democratic people's republic of korea, japan, mongolia, republic of korea, russia, taiwan or the usa; j amiris p. browne, casimiroa la llave, citropsis swingle & kellerman, eremocitrus swingle, esenbeckia kunth., glycosmis corra, merrillia swingle, naringi adans., tetradium lour., toddalia juss. or zanthoxylum l. ; v after paragraph 10 insert - 10a parts of plants, other than fruit but including seeds, of aegle corra , aeglopsis swingle , afraegle engl ., atalantia corra , balsamocitrus stapf ., burkillanthus swingle , calodendrum thunb ., choisya kunth , clausena burm. f ., limonia l. , microcitrus swingle , murraya j. koenig ex l. , pamburus swingle , severinia ten. , swinglea merr. , triphasia lour. or vepris comm . ; vi in paragraph 11, for sub-paragraphs (a) and (b) substitute - a citrus l., fortunella swingle, poncirus raf., momordica l. or solanum melongena l.; b annona l., cydonia mill., diospyros l., malus mill., mangifera l., passiflora l., prunus l., psidium l., pyrus l., ribes l., syzygium gaertn., or vaccinium l., originating in any third country outside europe; c capsicum l. . vii in paragraph 12, omit ", other than for planting". gardiner of kimble parliamentary under secretary of state department for environment, food and rural affairs 4th december 2017

citation, commencement and extent 1 1 these regulations may be cited as the repayment of student loans and postgraduate master's degree loans (amendment) regulations 2017 and come into force on 5th september 2017. 2 subject to paragraphs (3) to (5), these regulations extend to england and wales only. 3 these regulations extend to all of the united kingdom in so far as they impose or amend any obligation or confer or amend any power conferred on - a her majesty's revenue and customs, an employer or a borrower in relation to repayments under - i part 3 or 4 of the education (student loans) (repayment) regulations 2009 ; or ii chapter 3 or 4 of part 2 of the 2016 postgraduate regulations; or b any other person in relation to the retention or production of information or records. 4 regulation 41(2)(b) extends to england and wales and northern ireland. 5 regulation 41(2)(c) extends to all of the united kingdom. amendment of the education (student loans) (repayment) regulations 2009 2 the education (student loans) (repayment) regulations 2009 are amended in accordance with regulations 3 to 40. amendment of regulation 3 3 1 regulation 3 (interpretation) is amended as follows. 2 in paragraph (1) - a after the definition of "the 2011 welsh regulations", insert - "the 2016 postgraduate regulations" means the education (postgraduate master's degree loans) regulations 2016 ; "the 2017 postgraduate wales regulations" means the education (postgraduate master's degree loans) (wales) regulations 2017 ; ; b in the definition of "the authority", in paragraphs (a) and (b) - i after "student loan", insert "or a postgraduate master's degree loan"; ii omit from "pursuant" to "act"; c for the definition of "borrower", substitute - "borrower" means - a student loan borrower; or a postgraduate master's degree loan borrower; ; d in the definition of "loan purchaser", after "student loans", insert "or postgraduate master's degree loans"; e after the definition of "post-2012 student loan", insert - "postgraduate master's degree loan" means the total outstanding - principal owed by a person to the authority pursuant to - part 1 of the 2016 postgraduate regulations, or part 4 of the 2017 postgraduate wales regulations, and interest, penalties and charges owed by a person to the authority pursuant to these regulations in connection with the 2016 postgraduate regulations or the 2017 postgraduate wales regulations, excluding any interest, penalties or charges payable under part 3 or 4, and also has the meaning given to it in regulation 7; "postgraduate master's degree loan borrower" means a person - to whom the authority has lent money in respect of a postgraduate master's degree loan; and who has not received a notice from the authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled; ; f in the definition of "repayment", at the end, insert "or a postgraduate master's degree loan"; g in the definition of "repayment threshold" , after paragraph (b), insert - c in relation to a postgraduate master's degree loan, has the meaning given to it in regulation 29(8); ; h for the definition of "student loan", substitute - "student loan" means the total outstanding principal, interest, penalties and charges owed by a person - to the secretary of state, pursuant to - these regulations, other than any interest, penalties and charges owed in connection with the 2016 postgraduate regulations, and any other regulations made under section 22 of the 1998 act, other than the 2016 postgraduate regulations, to the welsh ministers, pursuant to - these regulations, other than any interest, penalties and charges owed in connection with the 2017 postgraduate wales regulations, and any other regulations made under section 22 of the 1998 act, other than the 2017 postgraduate wales regulations, excluding any interest, penalties or charges payable under part 3 or 4, and also has the meanings given to it in regulations 6 and 7; ; i after the definition of "student loan", insert - "student loan borrower" means a person - to whom the authority has lent money in respect of a student loan, and who has not received a notice from the authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled, and also has the meaning given to it in regulation 6; . 3 in paragraph (2) , after "the 1998 act" the first time it appears, insert ", other than the 2016 postgraduate regulations or the 2017 postgraduate wales regulations". amendment of regulation 4 4 in regulation 4 (application: general), after "student loans", insert "and postgraduate master's degree loans". amendment of regulation 5 5 1 regulation 5 (wales) is amended as follows. 2 in paragraph (1), after "student loans", insert "and postgraduate master's degree loans". 3 in paragraph (2) - a for "description of student", substitute "postgraduate master's degree"; b for "parts 3 and 4 and any provision" to the end, substitute "no provision of these regulations made by virtue of section 22(5) of the 1998 act will apply". amendment of regulation 6 6 in regulation 6(3) (scotland), for "borrower", substitute "student loan borrower". amendment of regulation 7 7 in regulation 7(1) (application to transferred loans in england and wales) - a in the definition of "the authority", at the end, omit "and"; b after the definition of "the authority", insert - "postgraduate master's degree loan" means, subject to any provisions of transfer arrangements, the total outstanding - principal owed by a person to a loan purchaser pursuant to - the 2016 postgraduate regulations; or the 2017 postgraduate wales regulations; and interest, penalties and charges owed by a person to a loan purchaser pursuant to these regulations in connection with the 2016 postgraduate regulations or the 2017 postgraduate wales regulations; and ; c for the definition of "student loan", substitute - "student loan" means, subject to any provisions of transfer arrangements, the total outstanding principal, interest, penalties and charges owed by a person to a loan purchaser pursuant to - these regulations, other than any interest, penalties and charges owed in connection with the 2016 postgraduate regulations or the 2017 postgraduate wales regulations; and any other regulations made under section 22 of the 1998 act, other than the 2016 postgraduate regulations or the 2017 postgraduate wales regulations. . amendment of regulation 9 8 in regulation 9 (interpretation), in the definition of "student support regulations" - a renumber paragraphs (c) and (d) as paragraphs (a) and (b) respectively; b in paragraphs (a) and (b), after "any regulations made", insert "in respect of student loans". amendment of regulation 15 9 1 regulation 15 (timing of repayments: general) is amended as follows. 2 in paragraph (1), after "a student loan", insert "or a postgraduate master's degree loan". 3 in paragraph (2) - a for "(2a), (2b) and (2c)", substitute "(2a) and (2b)"; b for "borrower", both times it appears, substitute "student loan borrower"; c after "the 1998 act", insert "in respect of a student loan". 4 after paragraph (2), insert - 2za subject to paragraph (2c) a postgraduate master's degree loan borrower is not required to repay any part of the postgraduate master's degree loan before the start of the following tax year commencing on 6 april after a postgraduate master's degree loan borrower ceases to be eligible for a loan under part 1 of the 2016 postgraduate regulations or part 4 of the 2017 postgraduate wales regulations, whether by reason of having completed that course or otherwise. . 5 in paragraphs (2a) and (2b) , omit "subject to paragraph (2c)". 6 for paragraph (2c) , substitute - 2c a postgraduate master's degree loan borrower is not required to repay any part of the postgraduate master's degree loan under paragraph (2za) before - a 6 april 2019, in the case of a loan made under part 1 of the 2016 postgraduate regulations; or b 6 april 2019, in the case of a loan made under part 4 of the 2017 postgraduate wales regulations. . 7 in paragraph (7), after "student loan", insert "or postgraduate master's degree loan". amendment of regulation 18 10 1 regulation 18 (direct debit repayment) is amended as follows. 2 in paragraph (1) - a in the words before paragraph (a), for "will apply", substitute "applies"; b in paragraph (a), after "outstanding balance", insert "of a student loan or a postgraduate master's degree loan ("the relevant loan")"; c in paragraph (b), for "the student loan", substitute "the relevant loan"; d in paragraph (c), for "the loan", substitute "the relevant loan". 3 in paragraphs (2) and (5), after "deductions", insert "in respect of the relevant loan". 4 in paragraph (3), after "outstanding balance", insert "of the relevant loan". amendment of regulation 19 11 1 regulation 19 (cancellation) is amended as follows. 2 for paragraph (1), substitute - 1 this regulation applies where a borrower is not in breach of any obligation to repay any of the following - a a loan mentioned in paragraph (4); b where the borrower is a student loan borrower - i a student loan under the overseas provisions; ii a student loan under regulation 18; iii a postgraduate master's degree loan; c where the borrower is a postgraduate master's degree loan borrower - i a postgraduate master's degree loan under the overseas provisions; ii a postgraduate master's degree loan under regulation 18; iii a student loan. . 3 in paragraph (2) , after "a post-2012 student loan", insert "or a postgraduate master's degree loan". 4 in paragraph (3) - a after "the borrower's liability to repay the student loan", insert "or the postgraduate master's degree loan"; b at the end of sub-paragraph (e), omit "or"; c at the end of sub-paragraph (f), insert "or"; d after sub-paragraph (f), insert - g in the case of a postgraduate master's degree loan, the 30th anniversary of the date on which the borrower became liable to repay the postgraduate master's degree loan. . 5 in paragraphs (5) and (6), after "student loan", each time it appears, insert "or the postgraduate master's degree loan". amendment of regulation 20 12 1 regulation 20 (refunds) is amended as follows. 2 in paragraph (1)(a) and (b) , after "the student loan", insert "or the postgraduate master's degree loan". 3 after paragraph (1a)(c), insert - d for a postgraduate master's degree loan, as if it were the principal of a postgraduate master's degree loan, outstanding from the date of receipt of the repayment to the earlier of - i the end of a period of 60 days after the authority issues a notice, or ii the date on which the authority makes the refund to the borrower, after which period no interest will accrue. . 4 in paragraph (1b), for "and (c)(i)", substitute ", (c)(i) and (d)(i)". 5 in paragraph (2)(a) and (b), after "the student loan", insert "or the postgraduate master's degree loan". 6 in paragraph (4), for "(6), (6a) and (9)", substitute "regulation 20a". 7 omit paragraphs (6) to (9). new regulation 20a 13 after regulation 20, insert - excess payments: more than one loan 20a 1 this regulation applies where - a a borrower has - i a postgraduate master's degree loan and a post-2012 student loan; ii a postgraduate master's degree loan and a student loan which is not a post-2012 student loan; or iii a post-2012 student loan and a student loan which is not a post-2012 student loan; and b the authority receives a repayment either directly from the borrower under regulation 15(1) or from hmrc under part 3 or 4 - i which results in one of the loans being repaid in full; or ii when one of the loans has already been repaid in full. 2 where the amount of the excess payment exceeds 10, the authority must give notice to the borrower that - a the authority intends to treat the excess payment as a direct payment under regulation 15(1) for the second loan, unless the borrower notifies the authority, within 60 days of the date of the authority's notice, that the excess payment should be refunded to the borrower; and b interest will accrue on a refund from the date of receipt of the repayment until the earlier of - i a period of 60 days after the authority issues the notice; or ii the date on which the authority makes the refund to the borrower. 3 the authority must treat any excess payment as a direct payment to the authority under regulation 15(1) for the second loan, unless the borrower gives notice to the authority in accordance with paragraph (2)(a). 4 where the borrower gives notice to the authority in accordance with paragraph (2)(a) that the excess payment should be refunded, the authority must refund the excess payment and any accrued interest to the borrower. 5 a refund under paragraph (4) carries interest calculated as if it were the principal of the fully repaid loan, outstanding from the date of receipt of the repayment to the earlier of - a the end of a period of 60 days after the authority issues a notice, or b the date on which the authority makes the refund to the borrower, after which period no interest will accrue. 6 in this regulation - i "fully repaid loan" means a loan that has been repaid in full in the circumstances described in paragraph (1); ii "second loan" means the loan that remains unpaid in those circumstances; iii "excess payment" means the amount of the repayment described in paragraph (1)(b) which is not required to repay the fully repaid loan. . amendment of regulation 21a 14 after regulation 21a(2) (interest rate on post-2012 student loans) insert - 2za the interest rate in relation to a student loan during the period described in regulation 16(3) is the standard rate of interest. . new regulation 21b 15 after regulation 21a, insert - interest rate on postgraduate master's degree loans 21b 1 the interest rate in relation to a postgraduate master's degree loan is rpi plus 3%. 2 interest accrues as of the date that the first payment of the loan is paid out under - a regulation 13 of the 2016 postgraduate regulations; or b regulation 13 of the 2017 postgraduate wales regulations. 3 interest is calculated on the principal outstanding daily and is added to the principal monthly. 4 the authority must publish, at least once a year, by whatever means and in whatever media the authority thinks fit, the interest rate for the forthcoming academic year or part of that year. 5 in this regulation, "rpi" means the percentage increase between the retail prices all items index published by the national office for statistics for the two marches immediately before the commencement of the academic year. . amendment of regulation 23 16 in regulation 23(2)(b) (information notices) - a omit "and/"; b at the end, insert "or both". amendment of regulation 25 17 in regulation 25(3) (costs and expenses), after "the student loan", insert "or the postgraduate master's degree loan". amendment of regulation 27 18 in regulation 27 (foreclosure), after "the student loan", insert "or the postgraduate master's degree loan". amendment of regulation 28 19 in the heading of regulation 28 (repayments of student loans by persons required to submit a tax return), after "student loans", insert "and postgraduate master's degree loans". amendment of regulation 29 20 1 regulation 29 (time for and amount of repayments) is amended as follows. 2 in paragraph (1), after "student loan", insert "or a postgraduate master's degree loan". 3 for paragraph (3), substitute - 3 the repayment must be an amount equal to - a in the case of a student loan, 9% of the borrower's total income for that year, b in the case of a postgraduate master's degree loan, 6% of the borrower's total income for that year, calculated in accordance with paragraph (4). . 4 after paragraph (3), insert - 3a the repayment under paragraph (3) is additional to, and concurrent with, any repayment due by - a the student loan borrower in respect of a postgraduate master's degree loan; or b the postgraduate master's degree loan borrower in respect of a student loan. . 5 in paragraph (7) , for "the repayment threshold is", substitute "the repayment threshold in relation to a student loan is". 6 in paragraph (8) - i for "for a borrower with", substitute "in relation to"; ii after "student loan", insert "or postgraduate master's degree loan". amendment of regulation 33 21 in regulation 33(3)(b) and (d)(ii) (other returns and information), after "student loan" each time it appears, insert "or postgraduate master's degree loan". amendment of regulation 41 22 in regulation 41 (interpretation) - a before the definition of "combined amount", insert - "approved method" means - in relation to the delivery of a return in accordance with this part, the internet services or electronic data interchange services provided through paye online or paye online for agents ; in relation to the making of a payment in accordance with this part, the services known as direct debit, bacs direct credit (including telephone and internet banking), chaps, debit and credit card over the internet (known as "billpay"), government banking service (formerly known as "paymaster"), bank giro and payments made through the post office; ; b in the definition of "combined amount", after "student loan", insert "or postgraduate master's degree loan;". amendment of regulation 42 23 in the heading of regulation 42 (repayment of student loans by employees), after "student loans", insert "or postgraduate master's degree loans". amendment of regulation 43 24 in regulation 43(2) (commencement of employment with a non-real time information employer), after "any student loan", insert "or postgraduate master's degree loan". amendment of regulation 43a 25 in regulation 43a (commencement of employment with a real time information employer), after "any student loan", insert "or any postgraduate master's degree loan". amendment of regulation 44 26 1 regulation 44 (amount of repayments) is amended as follows. 2 for paragraph (1), substitute - 1 the repayment deducted must be - a in relation to a student loan, 9%, and b in relation to a postgraduate master's degree loan, 6%, of any earnings paid to, or provided to or for the benefit of, the borrower in respect of the employment, which exceed the threshold specified in paragraph (2). . 3 after paragraph (2), insert - 2a the repayment calculated under paragraph (1) is additional to, and concurrent with, any repayment due - a by the student loan borrower in respect of a postgraduate master's degree loan; or b by the postgraduate master's degree loan borrower in respect of a student loan. . amendment of regulation 50 27 1 regulation 50 (deductions of repayments) is amended as follows. 2 in paragraphs (1)(c) and (d), (2)(c) and (d) and (8), after "student loan", insert "or postgraduate master's degree loan". amendment of regulation 55 28 1 regulation 55 (notice and certificate when repayments deducted not paid) is amended as follows. 2 in paragraphs (1) , (2), (4), (5) and (6), after "student loan", insert "or postgraduate master's degree loan". amendment of regulation 56 29 1 regulation 56 (notice of specified amount and certificate when repayments not deducted) is amended as follows. 2 in paragraph (1), after "student loan", insert "or postgraduate master's degree loan". 3 in paragraph (2) - a after "whether of student loan repayments", insert ", postgraduate master's degree loan repayments"; b for "in respect of student loan", substitute "in respect of any such". 4 in paragraphs (4) and (5), after "student loan", insert "or postgraduate master's degree loan". 5 in paragraph (6)(a) - a after "student loan repayments", the first time it appears, insert "or postgraduate master's degree loan repayments"; b for "student loan repayments", the second time it appears, substitute "any such repayment". 6 in paragraph (11), after "student loan repayments", insert "or postgraduate master's degree loan repayments". amendment of regulation 57 30 in regulation 57(2) (recovery of payments deducted through the income tax system), after "student loan repayments", insert ", postgraduate master's degree loan repayments". amendment of regulation 59 31 in regulation 59(9) (returns by employers), after "student loan", insert "or postgraduate master's degree loan". amendment of regulation 60 32 in regulation 60(4) (inspection of employers' records) - a in sub-paragraph (a), after "student loan", insert "or postgraduate master's degree loan"; b in sub-paragraph (b), omit "student loan". amendment of regulation 61 33 in regulation 61(2)(b) (powers to obtain information), after "student loan", insert "or postgraduate master's degree loan". amendment of regulation 67 34 in regulation 67 (cessation of employment), in paragraphs (b) and (ba) , after "student loan", insert "or any postgraduate master's degree loan". amendment of regulation 68 35 in regulation 68(3) (penalties), after "student loan", insert "or postgraduate master's degree loan". amendment of regulation 73 36 1 regulation 73 (notice of liability to make repayments) is amended as follows. 2 in paragraph (1), after "student loan", insert "or any postgraduate master's degree loan". 3 in paragraph (2), after "student loan", insert "or a postgraduate master's degree loan". amendment of regulation 75 37 1 regulation 75 (repayment by income-related instalments) is amended as follows. 2 for paragraph (4), substitute - 4 the relevant amount is - a in relation to a student loan, 9%, and b in relation to a postgraduate master's degree loan, 6%, of the gross income which the authority considers the borrower is likely to receive in the next 12 month period following the date of the determination referred to in paragraph (2). . 3 after paragraph (4), insert - 4a in calculating the relevant amount, the authority must disregard - a income up to the applicable threshold, calculated in accordance with regulation 76; and b income in respect of which it is satisfied that repayments are likely to be made under part 3 or 4. 4b the relevant amount in paragraph (4) is additional to and concurrent with any repayment due by - a the student loan borrower in respect of a postgraduate master's degree loan; or b the postgraduate master's degree loan borrower in respect of a student loan. . amendment of regulation 76 38 1 regulation 76 (calculation of fixed instalment and applicable threshold) is amended as follows. 2 in paragraph (1), in the table , in the right-hand column - a in the heading "fixed instalment for post-2012 student loans", insert at the end "and postgraduate master's degree loans"; b in the heading "applicable threshold for post-2012 student loans", insert at the end "and postgraduate master's degree loans". 3 omit paragraph (5) . 4 in paragraph (6), at the beginning, insert "where a price level index cannot be calculated under paragraph (3)". amendment of regulation 77 39 in regulation 77(1)(b) (application to cease repayment by instalments), after "student loan", insert "or a postgraduate master's degree loan". amendment of regulation 80 40 1 regulation 80 (effect of borrower insolvency on student loans) is amended as follows. 2 in the heading, at the end, insert "and postgraduate master's degree loans". 3 in paragraphs (2) and (3), after "student loan" each time it occurs, insert "or postgraduate master's degree loan". amendment of the 2016 postgraduate regulations 41 1 the 2016 postgraduate regulations are amended as follows. 2 in regulation 1 (citation, commencement, extent and application) - a in paragraph (2), for "paragraphs (3) and", substitute "paragraph"; b omit paragraph (3); c in paragraph (4) - i omit from "on hmrc" to "part 2 or"; ii omit "other". 3 omit part 2 and schedule 3. joseph johnson minister of state department for education 7th august 2017 kirsty williams cabinet secretary for education one of the welsh ministers 8th august 2017

citation and commencement 1 these regulations may be cited as the m5 motorway (junctions 4a to 6)(variable speed limits) regulations 2017 and come into force on 24th february 2017. interpretation 2 in these regulations - "the 1982 regulations " means the motorways traffic (england and wales) regulations 1982 ; "the 2016 regulations " means the traffic signs regulations and general directions 2016 ; and "carriageway", "hard shoulder", "motorway" and "verge" have the same meaning as in the 1982 regulations. variable speed limits 3 1 no person shall drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign. 2 a section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if - a the road is specified in the schedule; b the vehicle has passed a speed limit sign; and c the vehicle has not subsequently passed - i another speed limit sign indicating a different speed limit; or ii a traffic sign which indicates that the national speed limit is in force. 3 in relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign. 4 for the purposes of this regulation a speed limit sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force. 5 in this regulation - "national speed limit" has the meaning given by regulation 2(2) of, and schedule 1 to, the 2016 regulations and a traffic sign which indicates that the national speed limit is in force means a traffic sign of the type shown in diagram 671 in part 2 of schedule 10 to the 2016 regulations which is - placed on or near a road; and directed at traffic on the carriageway on which the vehicle is being driven; "road" includes the adjacent hard shoulder and verge; and "speed limit sign" in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in part 2 of schedule 10 to the 2016 regulations which is - situated on or near any part of a road specified in the schedule; and directed at traffic on the carriageway on which the vehicle is being driven. signed by authority of the secretary of state for transport john hayes minister of state department for transport 30th january 2017

citation and commencement 1 these regulations may be cited as the universal credit (tenant incentive scheme) amendment regulations 2017 and come into force on 30th april 2017. amendment of schedule 4 to the universal credit regulations 2013 2 1 part 5 (social rented sector other than temporary accommodation) of schedule 4 to the universal credit regulations 2013 is amended as follows. 2 for the italicised cross-heading above paragraph 31 (deduction from relevant payments of amounts relating to use of particular accommodation) substitute - amount taken into account as the relevant payment . 3 after paragraph 32 (power to apply to a rent officer if relevant payment excessive) insert - reduction under tenant incentive scheme 32a 1 where a reduction in the rent or service charge payments for which a renter would otherwise have been liable is applied by a provider of social housing under an approved tenant incentive scheme, the amount of any relevant payment to be taken into account under paragraph 6 is to be determined as if no such reduction had been applied. 2 in paragraph (1) "approved tenant incentive scheme" means a scheme which is - a operated by a provider of social housing and designed to avoid rent arrears by allowing reductions in rent or service charges or other advantages in return for meeting specified conditions; and b approved by the secretary of state. . signed by authority of the secretary of state for work and pensions caroline nokes parliamentary under-secretary of state department for work and pensions 16th march 2017

1 this order may be cited as the dartmouth-kingswear floating bridge (revision of charges etc.) order 2017 and comes into force on 8th january 2018. interpretation 2 in this order - "the floating bridge" has the meaning given to that expression in section 2 of the dartmouth-kingswear floating bridge act 1988 ; "goods vehicle" means a motor vehicle or trailer constructed or adapted for use for the carriage or haulage of goods or burden of any description; "maximum authorised mass" means the "maximum gross weight" indicated upon the plate required to be attached to the vehicle by regulations 66 or 70 of the road vehicles (construction and use) regulations 1986 ; "passenger vehicle" means a vehicle constructed solely for the carriage of passengers and their effects. floating bridge tolls 3 the tolls that the dartmouth-kingswear floating bridge company limited may demand, take and recover for the use of the floating bridge are revised so that those tolls must not exceed the sums set out in the schedule to this order. revocation 4 the dartmouth-kingswear floating bridge (revision of charges) order 2013 is revoked. signed by authority of the secretary of state for transport cj miller a senior civil servant department for transport 11th december 2017

citation and commencement 1 this order may be cited as the designation of schools having a religious character (independent schools) (england) order 2017 and comes into force on the day after the day on which it is made. interpretation 2 in this order "the relevant religion or religious denomination" means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted. designation of schools 3 1 the schools listed in column (1) of schedule 1 are designated as schools having a religious character. 2 the relevant religion or religious denomination in relation to a school listed in column (1) of schedule 1 is specified in relation to that school in column (2). revocations 4 the instruments listed in column (1) of schedule 2 (which have the references listed in column (2)) are revoked to the extent indicated in column (3). signed by the authority of the secretary of state for education peter swift deputy director department for education 31st august 2017

citation and commencement 1 1 this order may be cited as the greater manchester combined authority (transfer of police and crime commissioner functions to the mayor) order 2017. 2 subject to paragraph (3), this order comes into force on 8th may 2017. 3 articles 7 and 9 come into force on the day after the day on which this order is made. interpretation 2 in this order - "the 2009 act" means the local democracy, economic development and construction act 2009 ; "the 2011 act " means the police reform and social responsibility act 2011 ; "the 2016 order " means the greater manchester combined authority (election of mayor with police and crime commissioner functions) order 2016 . "the area" means the area of the combined authority; "the combined authority" means the greater manchester combined authority; "the deputy mayor for policing and crime" means the deputy mayor for policing and crime for the area; "election for the return of the mayor" means an election held pursuant to the 2016 order; "the mayor" means the mayor for the area; "the police and crime commissioner" means the police and crime commissioner for greater manchester; "the pcc component" means the component of the council tax requirement calculated under section 42a of the local government finance act 1992 as modified by any order made under section 107g of the 2009 act in respect of the mayor's pcc functions. transfer of police and crime commissioner functions 3 1 subject to paragraphs (2) and (3), the mayor is to be treated, in relation to the mayor's pcc functions, as a police and crime commissioner for the purposes of all police and crime commissioner enactments (whenever passed or made) . 2 in their application to the mayor, the police and crime commissioner enactments set out in schedule 1 apply with the modifications set out in that schedule. 3 paragraph (1) does not apply to those enactments set out in schedule 2. transitional arrangements and asset transfers transfer of property, rights and liabilities 4 1 all property, rights and liabilities (including rights and liabilities in relation to contracts of employment) which immediately before 8th may 2017 were property, rights and liabilities of the police and crime commissioner are to transfer to, and by virtue of this paragraph vest in, the combined authority on 8th may 2017. 2 in relation to the property, rights and liabilities transferred by paragraph (1) and any property, rights and liabilities acquired in relation to the mayor's pcc functions on or after 8th may 2017 - a all functions in relation to such property, rights and liabilities are to be exercised by the mayor; b all decisions relating to such property, rights and liabilities are to be made by the mayor; c any receipts arising from such property, rights and liabilities (whether arising from their use, sale, disposal or otherwise) are to be paid into the police fund kept by the mayor by virtue of section 21 of the 2011 act. 3 all monies held in the police fund kept by the police and crime commissioner under section 21 of the 2011 act immediately before 8th may 2017 are, on that date, to transfer to the police fund kept by the mayor by virtue of that section (as applied in accordance with article 3 above). 4 nothing in paragraph (2) prevents the mayor from making arrangements under section 18 of the 2011 act (as applied in accordance with article 3) in relation to the matters mentioned in paragraph (2). secondments 5 in the case of a person who, immediately before 8th may 2017 is seconded to the police and crime commissioner, the secondment is to have effect, after that time, as a secondment to the combined authority. continuity 6 1 the abolition of the police and crime commissioner, the transfer or abolition of the commissioner's functions, and the transfer of the commissioner's property, rights and liabilities, do not affect the validity of anything done before the abolition or transfer. 2 paragraphs (3) to (5) apply where any functions, property, rights or liabilities are transferred by or under the 2016 order or this order from the commissioner to the combined authority. 3 there may be continued by or in relation to the combined authority anything (including legal proceedings) which - a relates to any of the functions, property, rights or liabilities transferred; and b is in the process of being done by or in relation to the commissioner immediately before 8th may 2017. 4 anything which - a was made or done by or in relation to the commissioner for the purposes of, or otherwise in connection with, any of the functions, property, rights or liabilities transferred; and b is in effect immediately before 8th may 2017; has effect as if made or done by or in relation to the combined authority. 5 the combined authority is to be substituted for the commissioner in any instruments, contracts or legal proceedings which - a relate to any of the functions, property, rights or liabilities transferred; and b are made or commenced before 8th may 2017. 6 in this paragraph a reference to the transfer of a function includes a reference to the abolition of the function and the conferral of a corresponding function on another person. foreign property etc , perfection of vesting 7 1 subsections (2) to (8) of section 414 of the greater london authority act 1999 (foreign property, rights and liabilities: perfection of vesting) apply to the transfer by this order of any foreign property, rights or liabilities. 2 in the application of those provisions by virtue of paragraph (1) - a references to a transfer or pension instrument have effect as references to the transfer by or under this order; and b references to the transferor and the transferee are to be construed accordingly. transfers: supplementary provision 8 1 all property, rights and liabilities transferred by this order are to be transferred, notwithstanding that they may be or include - a property, rights and liabilities that would not otherwise be capable of being transferred; or b rights and liabilities under enactments. 2 no right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property is to operate or become exercisable as a result of any transfer of land or other property by virtue of this order (whether or not any consent required to the transfer has been obtained). 3 no right to terminate or vary a contract or instrument is to operate or become exercisable, and no provision of a contract or relevant document, is to operate or become exercisable or be contravened, by reason of the transfer made by this order. 4 paragraphs (1) to (3) above have effect in relation to - a the grant or creation of an estate or interest in, or right over, any land or other property; or b the doing of any other thing in relation to land or other property, as they have effect in relation to the transfer made by this order of land or other property. 5 in this article - "relevant document" means - any enactment, other than an enactment contained in the 2009 act; any subordinate legislation made otherwise than under that act; or any deed or other instrument. extension of financial year of police and crime commissioner and chief constable for greater manchester 9 1 the requirement in section 3(3) of the local audit and accountability act 2014 for a relevant authority to prepare a statement of accounts for each financial year ending on 31st march is modified in the case of the police and crime commissioner and chief constable for the financial year which began on 1st april 2016 to require - a the police and crime commissioner, or after the transfer made by this order, the combined authority in respect of the police and crime commissioner's accounts; and b the chief constable; to prepare a statement of accounts from that date for the period which ends on 7th may 2017. 2 the requirement in regulation 15(1)(a) of the accounts and audit regulations 2015 ("the regulations") concerning the commencement of the period for the exercise of public rights under regulation 9(1)(b) of the regulations, is modified in the case of the police and crime commissioner and the chief constable for the financial year which began on 1st april 2016 so as to require the relevant responsible financial officer to ensure that the commencement of the period for the exercise of public rights takes place on such a day that ensures that the period referred to in regulation 14(1) of the regulations includes the 24th july to 4th august 2017. 3 in this article - "the chief constable" means the chief constable of the police force for greater manchester; "the relevant responsible financial officer" means - in relation to the police and crime commissioner, the responsible financial officer for the combined authority; and in relation to the chief constable, the responsible financial officer for the police force for greater manchester; "responsible financial officer" has the same meaning as in the regulations (see regulation 2(2)). consequential amendments and modifications amendments to the police reform and social responsibility act 2011 10 1 the 2011 act is amended as follows. 2 after section 1(9), insert - 9a subsection (1) does not apply to an area in relation to which an order under section 107f(1) of the local democracy, economic development and construction act 2009 has effect (order providing for mayor for an area of a combined authority to exercise functions of a police and crime commissioner for the area). . 3 in section 64 - a after subsection (3), insert - 3a a person is disqualified from being elected to the office of police and crime commissioner for a police area at an ordinary election if the person - a has been nominated as a candidate for election as mayor for the area of a combined authority at an election to be held on the same day; and b by virtue of an order under section 107f(1) of the local democracy, economic development and construction act 2009, the mayor would exercise functions of a police and crime commissioner in relation to the area. ; b after subsection (4), insert - 4a a person is disqualified from being elected to the office of police and crime commissioner for a police area at an election other than an ordinary election if - a the person is a mayor who, by virtue of an order under section 107f(1) of the local democracy, economic development and construction act 2009, exercises functions of a police and crime commissioner for the area of a combined authority; or b the person has been nominated as a candidate for election as a mayor who, by virtue of such an order, would exercise such functions and the election would take place on the same day. . modifications to the local government act 1972 11 section 86 of the local government act 1972 applies in relation to the mayor with the following modification. 1 after section 86(1)(c), insert - d ceases to be the mayor by virtue of section 63 of the 2011 act; . brandon lewis minister of state home office 24th march 2017

citation, commencement and interpretation 1 1 this order may be cited as the superannuation (admission to schedule 1 to the superannuation act 1972) order 2017. 2 this order comes into force on 4th january 2018, but has effect, as appropriate, from the dates specified in this order. 3 in this order, "the act" means the superannuation act 1972. employments 2 1 section 1 of the act applies to the following employments - a with effect from 1st april 2014, employment by the parliamentary information and communications technology service; b with effect from 1st april 2015, employment by the parliamentary digital service; and c with effect from 1st april 2016, employment by uk government investments limited. 2 accordingly, in schedule 1 to the act, at the appropriate place in the list of "other bodies", insert - a with effect from 1st april 2014, the entry "parliamentary information and communications technology service"; b with effect from 1st april 2015, the entry "employment by the parliamentary digital service"; and c with effect from 1st april 2016, the entry "employment by uk government investments limited". offices 3 1 section 1 of the act applies to the following offices - a with effect from 3rd july 2013, the office of deputy traffic commissioner for england and wales; b with effect from 1st april 2015, the office of her majesty's chief inspector of the crown prosecution service; and c with effect from 8th january 2018, the office of the director general of the independent office for police conduct. 2 accordingly, in schedule 1 to the act, at the appropriate place in the list of "offices", insert - a with effect from 3rd july 2013, the entry "deputy traffic commissioner for england and wales"; b with effect from 1st april 2015, the entry "her majesty's chief inspector of the crown prosecution service"; and c with effect from 8th january 2018, the entry "the director general of the independent office for police conduct". scottish employments 4 1 section 1 of the act applies to the following employments remunerated out of the scottish consolidated fund - a with effect from 1st november 2016, employment by the scottish land commission; and b with effect from 1st april 2017 - i employment by crown estate scotland (interim management), and ii employment by community justice scotland. 2 accordingly, in schedule 1 to the act, at the appropriate place in the list of "other bodies", insert - a with effect from 1st november 2016, the entry "employment by the scottish land commission"; and b with effect from 1st april 2017, the entries - i "employment by crown estate scotland (interim management)", and ii "employment by community justice scotland". welsh employments 5 1 section 1 of the act applies to the following employments remunerated out of the welsh consolidated fund - a with effect from 6th august 2015, employment by qualification wales; and b with effect from 1st june 2015, employment by the future generations commissioner for wales. 2 accordingly, in schedule 1 to the act, at the appropriate place in the list of "other bodies", insert - a with effect from 6th august 2015, the entry "employment by qualification wales"; and b with effect from 1st june 2015, the entry "employment by the future generations commissioner for wales". welsh offices 6 1 section 1 of the act applies to the following offices remunerated out of the welsh consolidated fund - a with effect from 29th april 2015, the office of the ministerial adviser on gender-based violence, domestic abuse and sexual violence; and b with effect from 1st june 2015, the office of the future generations commissioner for wales. 2 accordingly, in schedule 1 to the act, at the appropriate place in the list of "other bodies", insert - a with effect from 29th april 2015, the entry "the ministerial adviser on gender-based violence, domestic abuse and sexual violence"; and b with effect from 1st june 2015, the entry "the future generations commissioner for wales". removals 7 1 the following entries are omitted from the list of "other bodies" in schedule 1 to the act - a with effect from 1st april 2013, "the olympic lottery distributor"; b with effect from 1st april 2014 - i "national consumer council", and ii "the national consumer council established under the consumers, estate agents and redress act 2007"; and c with effect from 1st april 2015, "the royal household". 2 with effect from 1st october 2015, the entry "royal commission on ancient and historical monuments of scotland" is omitted from the list of "royal commissions and other commissions" in schedule 1 to the act. amendments to schedule 1 to the act to reflect changes of name 8 in schedule 1 to the act - a with effect from 30th july 2013 - i the entry "local government boundary commission for wales" is omitted from the list of "royal commissions and other commissions", and ii at the appropriate place in the list of "royal commissions and other commissions" insert the entry "the local democracy and boundary commission for wales"; and b with effect from 1st april 2015 - i the entry "general teaching council for wales" is omitted from the list of "other bodies", and ii at the appropriate place in the list of "other bodies" insert the entry "the education workforce council". signed caroline nokes minister for government resilience and efficiency cabinet office 14th december 2017

citation and commencement 1 these regulations may be cited as the war pensions committees (amendment) regulations 2017 and come into force on 15th december 2017. amendment of the war pensions committees regulations 2000 2 the war pensions committees regulations 2000 are amended as follows. committee for wales 3 in regulation 4 (committee for wales), for "wales war pensions committee (pwyllgor pensiynau rhyel cymru)" substitute "wales veterans advisory and pensions committee (pwyllgor cynghori a pensiynau cyn-filwyr cymru)". committee for northern ireland 4 in regulation 5 (committee for northern ireland), for "northern ireland war pensions committee" substitute "northern ireland veterans advisory and pensions committee". committees for scotland 5 in column 2 of the table in regulation 6 (committees for scotland), for "war pensions committee", in both places where it occurs, substitute "veterans advisory and pensions committee". functions of a committee 6 1 in regulation 8(1) - a in sub-paragraph (a), for "surviving spouses or surviving civil partners" substitute "surviving spouses, surviving civil partners or afcs benefit recipients"; b in sub-paragraph (b), at the end insert "and afcs benefits"; c in sub-paragraph (c) - i for "the veterans agency" substitute "veterans uk "; and ii for "pensioners, surviving spouses, surviving civil partners" substitute "war pensioners, surviving spouses, surviving civil partners, afcs benefit recipients"; d in sub-paragraph (d) - i for "surviving spouses and surviving civil partners" substitute "surviving spouses, surviving civil partners, afcs benefit recipients and others claiming war pensions or afcs benefits"; ii for "pensions" substitute "war pensions, afcs benefits"; and iii for "the veterans agency" substitute "veterans uk". 2 in regulation 8(2) - a in sub-paragraph (a), for "war pensioner, surviving spouse or surviving civil partner" substitute "claiming or receiving a war pension or afcs benefit"; b in sub-paragraph (c), after "report" insert "or make recommendations"; c in sub-paragraph (d), for "surviving spouses and surviving civil partners" substitute "surviving spouses, surviving civil partners and afcs benefit recipients". 3 after regulation 8(3) insert - 4 in this regulation "veterans uk" means an office designated by the secretary of state for the purpose of receiving and determining claims for war pensions and afcs benefits. . committees in england 7 in column 2 of the table in schedule 1 (committees in england), for "war pensions committee", wherever it occurs, substitute "veterans advisory and pensions committee". signed by authority of the secretary of state for defence tobias ellwood parliamentary under secretary of state ministry of defence 21st november 2017

part 1 introductory citation, commencement and application 1 1 this order may be cited as the nhs counter fraud authority (establishment, constitution, and staff and other transfer provisions) order 2017 and comes into force on 1st november 2017. 2 this order applies in relation to england only. interpretation 2 in this order - "the abolition date " means 31st october 2020; " the authority " means the nhs counter fraud authority established pursuant to article 3; "the bsa " means the nhs business services authority ; "changes in the workforce" includes a change to the place where employees are employed by the employer to carry on the business of the employer or to carry out work of a particular kind for the employer (and the reference to such a place has the same meaning as in section 139 of the employment rights act 1996 ); "counter fraud functions" means, in relation to the authority, the functions the authority is to exercise pursuant to article 4(1), (3) and (4); "the nhs act " means the national health service act 2006; "the transfer date " means 1st november 2017; "the transitional period " means the period beginning on 1st november 2017 and ending immediately before 1st november 2018. part 2 establishment and constitution establishment 3 the special health authority to be known as the nhs counter fraud authority is established by and in accordance with this order. functions 4 1 the authority is to exercise the functions of the secretary of state in respect of counter fraud which are identified in paragraph (2), subject to and in accordance with this article and directions to the authority given by the secretary of state. 2 the counter fraud functions the authority is to exercise are - a taking action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities, carried out against or otherwise affecting the health service in england; b taking action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities against or otherwise affecting the secretary of state in relation to his responsibilities for the health service in england; c operational matters relating to the functions described in (a) and (b); d providing advice to bodies and persons identified in directions given by the secretary of state to the authority about matters relevant to counter fraud. 3 schedule 1 has effect, providing for directions to the authority as to the exercise by the authority and its senior officers of the secretary of state's functions under sections 197 (notice requiring production of documents) and 198 (production of documents) of the nhs act ("delegated functions") and making further provision pursuant to section 199(4) in connection with the exercise of those delegated functions. 4 the authority has the function of assisting and providing information to the secretary of state when requested in relation to matters relevant to counter fraud. 5 nothing in this order prevents the authority from undertaking activity in accordance with arrangements made with it by welsh ministers pursuant to section 83 of the government of wales act 2006 . 6 in this article - "counter fraud" refers to the actions which may be taken in performance of the secretary of state's counter fraud functions described in section 195(2) of the nhs act; "investigating" has the meaning given in section 195(5) of the nhs act. constitution and governance 5 1 subject to paragraph (2), the authority is to consist of - a a chairperson; b in addition to the chairperson, not less than three members who are not officers of the authority; and c at least two but not more than three members who are officers of the authority, and those officer members must include the persons who for the time being hold the offices of chief executive and director of finance. 2 during the transitional period, the authority need consist only of - a a chairperson; b one other member who is not an officer of the authority; c an officer member appointed to act as chief executive of the authority; d an officer member appointed to act as director of finance of the authority. appointments and tenure, etc 6 schedule 2 has effect in respect of the appointment and tenure of the chairperson and other members of the authority, of the appointment and tenure of officers of the authority, including the making of certain temporary appointments in respect of the transitional period, and as to procedural matters relating to the conduct of the authority's business. part 3 transfer of staff and property etc from the nhs business service authority and provisions for continuity in relation to the work of nhs protect and the authority interpretation 7 1 in this part - a "liabilities" do not include criminal liabilities (other than in paragraph (2)); b "nhs protect" means the division within the bsa known as the counter fraud and security management service division, and also known as nhs protect, maintained by the bsa in accordance with directions of the secretary of state given on 1st june 2016 . 2 this part does not apply to transfer, or provide for continuity in relation to, criminal liabilities of the bsa or proceedings arising from such liabilities. transfer of officers from the bsa to the authority 8 1 this article applies to any person who - a immediately before the transfer date is employed by the bsa within nhs protect; and b has been notified in writing by the bsa before the transfer date that they are to be transferred to the employment of the authority on the transfer date. 2 any person to whom paragraph (1) applies is, on the transfer date, transferred to the employment of the authority. 3 the contract of employment of a person whose employment transfers to the authority under paragraph (2) - a is not terminated by the transfer; and b has effect from the transfer date as if originally made between that person and the authority. 4 without prejudice to paragraph (3) - a all the rights, powers, duties and liabilities of the bsa under, or in connection with, the contract of employment of any person whose employment transfers under paragraph (2), are to transfer to the authority on the transfer date; b any act or omission before the transfer date of or in relation to the bsa, in respect of that person, or that person's contract of employment, is deemed to have been an act or omission of or in relation to the authority. 5 paragraphs (2) to (4) do not operate to transfer the contract of employment of a person to whom paragraph (1) applies, or any rights, powers, duties and liabilities under, or in connection with that contract, if, before the transfer date, that person informed the bsa that the person objects to becoming employed by the authority. 6 where a person to whom paragraph (1) applies has objected to the transfer of that person's contract of employment to the authority as described in paragraph (5), this article operates so as to terminate that person's contract of employment with the bsa on the transfer date. 7 subject to paragraph (8), a person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated, for any purpose, as having been dismissed by the bsa. 8 where the transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose employment is or would have transferred under paragraph (2), that person may treat the contract of employment as having been terminated, and that person is to be treated for any purpose as having been dismissed by the employer. 9 no damages are to be payable by an employer as a result of a dismissal falling within paragraph (8) in respect of any failure by the employer to pay wages to a person in respect of a notice period which the person has failed to work. 10 paragraphs (2), (3) and (5) to (8) are without prejudice to any right of a person arising apart from this article to terminate that person's contract of employment without notice in acceptance of a repudiatory breach of contract by the employer. 11 records of the bsa's relating to the employment of officers within nhs protect whose contracts of employment are to transfer to the authority pursuant to this article are to transfer to the authority on the transfer date. 12 where a person whose contract of employment is transferred by this article is dismissed by the authority, that person is to be treated, for the purposes of part 10 of the employment rights act 1996 (unfair dismissal) as having been unfairly dismissed if the sole or principal reason for the dismissal is the transfer. 13 this paragraph applies where the sole or principal reason for a person's dismissal is an economic, technical or organisational reason entailing changes in the workforce of the authority after the transfer. 14 where paragraph (13) applies, paragraph (12) does not apply and, without prejudice to section 98(4) of the employment rights act 1996 (test of fair dismissal) , for the purposes of sections 98(1) (reason for dismissal) and 135 (the right to a redundancy payment) of that act - a the dismissal is to be regarded as having been for redundancy where section 98(2)(c) of that act applies; or b in any other case, the dismissal is to be regarded as having been for a substantial reason of a kind such as to justify the dismissal of an employee holding the position that the employee held. 15 paragraph (12) does not apply in relation to a dismissal of an employee if the application of section 94 of the employment rights act 1996 (right not to be unfairly dismissed) to that dismissal is excluded by or under any provision of that act, the employment tribunals act 1996 or the trade union and labour relations (consolidation) act 1992 . 16 the following provisions apply only for purposes of giving effect to a transfer under paragraph (2), as read with paragraphs (3) and (4), and are subject to paragraphs (5) to (10) and (12) to (15) - a anything (including legal proceedings) which, immediately before the transfer date, is in the process of being done by, or in relation to, the bsa in connection with the employment of persons whose employment transfers under paragraph (2) is deemed to have effect as if done by, or in relation to, the authority, and may be continued by, or in relation to, the authority; b any instrument made by, or in relation to, the bsa in connection with the employment of persons whose employment transfers under paragraph (2) continues in force until it is varied or revoked by the authority; c any form supplied by nhs protect in connection with the employment of persons whose employment transfers under paragraph (2) continues to be valid until it is varied or revoked by the authority and as if any reference in that form to nhs protect or the bsa (in respect of that employment) were a reference to the authority; d any reference to nhs protect or the bsa in any contract, arrangement, agreement, instrument or other document in connection with the employment of persons whose employment transfers under paragraph (2) is to be treated as a reference to the authority. transfer of property from the bsa to the authority 9 1 subject to paragraph (4), the items of property of the bsa identified in the document entitled " the nhs business services authority transfer of property to the nhs counter fraud authority agreement 2017 " and signed on behalf of the bsa and of the secretary of state on 26th september 2017, are to be transferred to the authority on the transfer date. 2 all liabilities (actual or contingent) of the bsa relating to the property referred to in paragraph (1) are to be transferred to the authority on the transfer date. 3 any right relating to the property referred to in paragraph (1) that was immediately before the transfer date enforceable by or against the bsa is, on or after the transfer date, to be enforceable by or against the authority. 4 paragraph (1) - a does not apply to transfer property taking the form of a contract of employment but does apply to transfer any other form of property listed in the document mentioned in that paragraph, including - i an agreement or contract, including a contract for services; ii a licence to occupy premises; iii intellectual property including case management records and databases; b is without prejudice to any other arrangements the bsa may make with the authority and any third parties for the transfer of property not transferred by virtue of this order. transfer of data, records and information from the bsa to the authority 10 so far as not already transferred by virtue of article 8 or 9, any data, record or information held by nhs protect which, before the transfer date, nhs protect used for purposes of any of the functions that the authority is to exercise in accordance with article 4, is to transfer to the authority. transfer of certain bsa liabilities 11 1 all liabilities (actual or contingent) of the bsa relating to relevant functions are to transfer to the authority on the transfer date. 2 any right relating to a relevant function that was immediately before the transfer date enforceable by or against the bsa is, on or after the transfer date, to be enforceable by or against the authority. 3 in this article, "relevant function" means any function of the secretary of state which was exercisable by nhs protect before the transfer date and which the authority is to exercise pursuant to article 4. supplementary provisions 12 1 in this article the following matters are "relevant matters" - a the relevant functions as defined in article 11(3); b any property, rights or liabilities transferred by virtue of article 9, 10 or 11; or c any contract, arrangement or agreement entered into by the bsa in connection with any property, rights or liabilities transferred by virtue of articles 9, 10 or 11. 2 any act or omission of, or in relation to, the bsa before the transfer date in connection with the relevant matters is deemed to have been an act or omission of, or in relation to, the authority. 3 anything (including legal proceedings) which, immediately before the transfer date, is in the process of being done by, or in relation to, the bsa in connection with the relevant matters is deemed to have effect as if done by, or in relation to, the authority, and may be continued by, or in relation to, the authority. 4 any instrument made by, or in relation to, the bsa in connection with the relevant matters continues in force until it is varied or revoked by the authority. 5 any form supplied by nhs protect in connection with the relevant matters continues to be valid until it is varied or revoked by the authority and as if any reference in that form to the nhs protect or the bsa (in respect of the relevant matters) were a reference to the authority. 6 any reference to nhs protect or the bsa in any contract, arrangement, agreement, instrument or other document in connection with the relevant matters is to be treated as a reference to the authority. 7 where the rights and liabilities under a contract, agreement, arrangement or instrument entered into or agreed by the bsa are transferred as a consequence of this part, that contract, agreement, arrangement or instrument is to continue to have effect on or after the transfer date as if it were originally entered into by the authority. 8 no right to terminate or vary a contract, agreement, arrangement or instrument is to operate or become exercisable, and no provision of any contract, agreement, arrangement or instrument is to operate or become exercisable or be contravened, by reason of the transfer of any property, rights or liabilities by virtue of article 9, 10 or 11. part 4 abolition of the authority abolition required under section 28a of the nhs act 2006 13 schedule 3 has effect in respect of the abolition of the authority on the abolition date. part 5 revocation of regulations revocation of regulations delegating functions under part 10 of the nhs act 2006 14 the national health service delegation of functions to the nhs business services authority (awdurdod gwasanaethau busnes y gig) (counter fraud and security management) regulations 2008 are revoked. signed by authority of the secretary of state for health. o'shaughnessy parliamentary under-secretary of state, department of health 3rd october 2017

part 1 introduction citation, commencement and effect 1 1 this order may be cited as the social security benefits up-rating order 2017. 2 subject to paragraphs (3) and (4), this order shall come into force for the purposes of - a this article and articles 2 and 7, on 1st april 2017; b article 3 - i in so far as it relates to any increase to which article 7(9)(b) applies, on 1st april 2017, and ii for all other purposes, on 10th april 2017; c articles 4, 5, 6, 12, 13, 14, 15, 16 and 19, on 10th april 2017; d article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st april 2017, and for the purpose of this sub-paragraph "benefit week" has the same meaning as in regulation 2(1) of the computation of earnings regulations; e article 9, on 6th april 2017; f article 10, on 2nd april 2017, except for the purpose of determining the rate of maternity allowance in accordance with section 35a(1) of the contributions and benefits act (appropriate weekly rate of maternity allowance under section 35), for which purpose it shall come into force on 10th april 2017; g article 11, on 2nd april 2017; h articles 17 and 18, on 6th april 2017; i articles 20 and 21, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th april 2017, and for the purpose of this sub-paragraph "benefit week" has the same meaning as in the income support regulations; j articles 22 and 23, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 3rd april 2017, and in relation to any other case, on 1st april 2017; k article 24, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th april 2017, and for the purpose of this sub-paragraph "benefit week" has the same meaning as in the jobseeker's allowance regulations; l article 25, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th april 2017, and for the purpose of this sub-paragraph "benefit week" has the same meaning as in the state pension credit regulations; m article 26, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th april 2017, and for the purpose of this sub-paragraph "benefit week" has the same meaning as in the esa regulations 2008; n article 27, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th april 2017, and for the purpose of this sub-paragraph "benefit week" has the same meaning as in the esa regulations 2013; o article 28, in so far as it relates to a particular beneficiary, on the first day of the first assessment period to commence for that beneficiary on or after 10th april 2017 , and for the purpose of this sub-paragraph "assessment period" has the same meaning as in section 7(2) of the welfare reform act 2012 ; and p article 29, on 9th may 2017. 3 in so far as articles 3, 4, 10, 12, 19 and 27 relate to a beneficiary in favour of whom an award of universal credit is in force, those articles shall come into force for the purposes of determining the beneficiary's unearned income in relation to that award on the same day as article 28 comes into force for that beneficiary. 4 the changes made in the sums specified for rates or amounts of benefit in articles 3, 4, 5, 6, 12, 13 and 14 shall take effect for each case on the date specified in relation to that case in article 7. interpretation 2 in this order - "the administration act" means the social security administration act 1992; "the computation of earnings regulations" means the social security benefit (computation of earnings) regulations 1996 ; "the contributions and benefits act" means the social security contributions and benefits act 1992 ; "the esa regulations 2008" means the employment and support allowance regulations 2008 ; "the esa regulations 2013" means the employment and support allowance regulations 2013 ; "the housing benefit regulations" means the housing benefit regulations 2006 ; "the housing benefit (spc) regulations" means the housing benefit (persons who have attained the qualifying age for state pension credit) regulations 2006 ; "the income support regulations" means the income support (general) regulations 1987 ; "the jobseeker's allowance regulations" means the jobseeker's allowance regulations 1996 ; "the pensions act" means the pensions act 2014 ; "the pension schemes act" means the pension schemes act 1993 ; "the state pension credit regulations" means the state pension credit regulations 2002 ; and "the universal credit regulations" means the universal credit regulations 2013 . part 2 social security benefits and pensions rates or amounts of certain benefits under the contributions and benefits act 3 1 from and including the respective dates specified in article 7, the sums specified in paragraph (2) shall be increased so that schedule 4 to the contributions and benefits act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except paragraph 5 of part iii of that schedule (guardian's allowance), has effect as set out in schedule 1 to this order. 2 the sums mentioned in paragraph (1) are the sums specified in parts i, iii, iv and v of schedule 4 to the contributions and benefits act except in - a part iii, the sum specified for age addition to a pension of any category and otherwise under section 79 of that act; b part iv, the sums specified in column (2) (increase for qualifying child); and c part v, the sums specified for the increase in disablement pension for dependent children and death benefit allowance in respect of children and qualifying young persons . increase in rates or amounts of certain pensions and allowances under the contributions and benefits act 4 1 the sums specified in paragraphs (2) to (5) shall be increased from and including the respective dates specified in article 7. 2 the sums falling to be calculated under paragraph 13(4) of schedule 7 to the contributions and benefits act (calculation of weekly rate of a beneficiary's retirement allowance) shall be increased by 1.0 per cent. 3 in section 44(4) of the contributions and benefits act (basic pension in a category a retirement pension) - a for "101.10" substitute "102.10"; and b for "119.30" substitute "122.30". 4 it is directed that the sums which are - a additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2016-2017; b increases in the rates of retirement pensions under schedule 5 to the contributions and benefits act (pension increase or lump sum where entitlement to retirement pension is deferred); c lump sums to which surviving spouses or civil partners will become entitled under paragraph 7a of that schedule on becoming entitled to a category a or category b retirement pension (entitlement to lump sum where pensioner's deceased spouse or civil partner has deferred entitlement); and d payable to a pensioner as part of their category a or category b retirement pension by virtue of an order made under section 126a of the social security act 1975 , section 63 of the social security act 1986 or section 150(1)(e) of the administration act, shall in each case be increased by 1.0 per cent. 5 the sums which, under - a section 55a and 55aa of the contributions and benefits act , are shared additional pensions; and b paragraph 2 of schedule 5a to the contributions and benefits act , are increases in the rates of such pensions, shall in each case be increased by 1.0 per cent. increase in rates or amount of certain benefits under the pension schemes act 5 1 it is directed that the sums specified in paragraph (2) shall be increased from and including the respective dates specified in article 7. 2 sums which are payable by virtue of section 15(1) of the pension schemes act (which provides for increases in a person's guaranteed minimum pension if payment of their occupational pension is postponed after they attain pensionable age) to a person who is also entitled to a category a or category b retirement pension (including sums payable by virtue of section 17(2) and (3) of that act) shall be increased by 1.0 per cent. where the increase under section 15(1) is attributable to earnings factors for the tax year 1987-88 and earlier tax years . increase in rates or amounts of certain pensions under part 1 of the pensions act 6 1 the sums specified in paragraphs (2) to (4) shall be increased from and including the date specified in article 7(10). 2 in regulation 1a of the state pension regulations 2015 (full rate of state pension) for "155.65" substitute "159.55". 3 it is directed that the sums which are increases under section 17 of the pensions act in the rates of state pensions under part 1 of that act shall be increased by 1.0 per cent. 4 the amounts which, under - a section 9 of the pensions act, are survivor's pensions based on inheritance of deferred old state pension; b paragraph 4(3) of schedule 2 to the pensions act, are the amounts of state pensions under part 1 of the pensions act at the transitional rate which exceed the full rate for those who reach pensionable age before 10th april 2017; c paragraphs 5(3) and 6 of schedule 4 to the pensions act, are the amounts of survivor's pensions which either alone or in combination with certain other pensions under that act exceed the full rate; and d paragraphs 5(3) and 6 of schedule 9 to the pensions act, are the amounts of shared state pensions under part 1 of the pensions act which either alone or in combination with certain other pensions under that act exceed the full rate, shall in each case be increased by 1.0 per cent. 5 for the purpose of this article, "old state pension" has the same meaning as in section 22 of the pensions act. dates on which sums specified for rates or amounts of benefits in articles 3, 4, 5, 6, 12, 13 and 14 are changed by this order 7 1 paragraphs (2) to (8), which are subject to the provisions of paragraph (9), specify the date on which the changes made by this order in the sums specified for rates or amounts of benefit in articles 3, 4, 5, 6, 12, 13 and 14 shall take effect for each case. 2 any increases in the sums mentioned in articles 3, 4, 12 and 13 for category a and category b retirement pension, graduated retirement benefit and category c retirement pension together with, where appropriate, any increases for dependants, shall take effect on 10th april 2017. 3 the increases in the sums mentioned in article 5(2) shall take effect on 10th april 2017. 4 any increases in the sums specified for - a the rate of - i category c and category d retirement pension, ii attendance allowance, and iii carer's allowance (except in a case where the secretary of state has made arrangements for it to be paid on a wednesday); and b any increases in - i category c retirement pension and carer's allowance referred to in sub-paragraph (a)(i) and (iii), and ii widowed mother's allowance and widowed parent's allowance, in respect of dependants, shall take effect on 10th april 2017. 5 any increases in the sums specified for - a the rate of - i carer's allowance in a case where the secretary of state has made arrangements for it to be paid on a wednesday, ii disablement benefit, iii maximum disablement gratuity under paragraph 9(2) of schedule 7 to the contributions and benefits act, iv industrial death benefit by way of widow's and widower's pension, v the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the contributions and benefits act; and b any increases in - i the benefits referred to in paragraphs (i), (iii) and (iv) of sub-paragraph (a) in respect of dependants, and ii disablement pension, shall take effect on 12th april 2017. 6 in any case where a person's weekly rate of category a or category b retirement pension falls to be increased under the provisions of section 47(1) or 48c(2) of the contributions and benefits act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which the person was previously entitled, any increase in such sum shall take effect on 10th april 2017. 7 the changes in the sums specified for the rate of incapacity benefit and severe disablement allowance together with, where appropriate, any increases for dependants, shall take effect on 6th april 2017. 8 the increases in the sums falling to be calculated in accordance with paragraph 13(4) of schedule 7 to the contributions and benefits act (retirement allowance) shall take effect on 12th april 2017. 9 any increases in the sums specified in article 3 of this order in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect - a except in a case where sub-paragraph (b) applies, on the first day of the first benefit week to commence for the beneficiary on or after 10th april 2017; b in a case where regulation 7(b) of the computation of earnings regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st april 2017, and for the purpose of this paragraph, "benefit week" has the same meaning as in regulation 2(1) of the computation of earnings regulations. 10 any increases in the sums mentioned in article 6 for state pension under part 1 of the pensions act shall take effect on 10th april 2017. 11 the increase in the sum mentioned in article 14 shall take effect on 10th april 2017. earnings limits 8 in section 80(4) of the contributions and benefits act (earnings limits in respect of child dependency increases) - a "230.00" remains unchanged; and b "30.00" remains unchanged. statutory sick pay 9 in section 157(1) of the contributions and benefits act (rate of payment of statutory sick pay) for "88.45" substitute "89.35". statutory maternity pay 10 in regulation 6 of the statutory maternity pay (general) regulations 1986 (prescribed rate of statutory maternity pay) for "139.58" substitute "140.98". statutory paternity pay, statutory adoption pay and statutory shared parental pay 11 1 in the statutory paternity pay and statutory adoption pay (weekly rates) regulations 2002 - a in regulation 2(a) (weekly rate of payment of statutory paternity pay) for "139.58" substitute "140.98"; and b in regulation 3(a) (weekly rate of payment of statutory adoption pay) for "139.58" substitute "140.98". 2 in regulation 40(1)(a) of the statutory shared parental pay (general) regulations 2014 (weekly rate of payment of statutory shared parental pay) for "139.58" substitute "140.98". increase in rate of graduated retirement benefit 12 1 in section 36(1) of the national insurance act 1965 (graduated retirement benefit) - a the sum of 13.30 pence shall be increased by 1.0 per cent.; and b from and including 10th april 2017 the reference to that sum shall have effect as a reference to 13.43 pence. 2 the sums which are the increases of graduated retirement benefit under schedule 2 to the social security (graduated retirement benefit) (no. 2) regulations 1978 (increases for deferred retirement) shall be increased by 1.0 per cent. 3 the sums which are lump sums to which surviving spouses or civil partners will become entitled under schedule 1 to the social security (graduated retirement benefit) regulations 2005 (increases of graduated retirement benefit and lump sums) shall be increased by 1.0 per cent. 4 the sums which are the additions under section 37(1) of the national insurance act 1965 (additions for widows and widowers) shall be increased by 1.0 per cent. increase in amount of category c retirement pension under the social security (widow's benefit and retirement pensions) regulations 1979 13 in regulation 11(3) of the social security (widow's benefit and retirement pensions) regulations 1979 (category c retirement pension for widows of men over pensionable age on 5th july 1948) for "71.50" substitute "73.30". maximum additional pension 14 in regulation 3a of the social security (maximum additional pension) regulations 2010 (prescribed maximum additional pension for survivors who become entitled on or after 6th april 2016) for "165.60" substitute "167.26". increase in rates of disability living allowance 15 in regulation 4 of the social security (disability living allowance) regulations 1991 (rate of benefit) - a in paragraph (1)(a) for "82.30" substitute "83.10"; b in paragraph (1)(b) for "55.10" substitute "55.65"; c in paragraph (1)(c) for "21.80" substitute "22.00"; d in paragraph (2)(a) for "57.45" substitute "58.00"; and e in paragraph (2)(b) for "21.80" substitute "22.00". increase in rates of personal independence payment 16 in regulation 24 of the social security (personal independence payment) regulations 2013 (rate of personal independence payment) - a in paragraph (1)(a) for "55.10" substitute "55.65"; b in paragraph (1)(b) for "82.30" substitute "83.10"; c in paragraph (2)(a) for "21.80" substitute "22.00"; and d in paragraph (2)(b) for "57.45" substitute "58.00". rates of age addition 17 1 subject to paragraph (2), in regulation 10(2) of the social security (incapacity benefit) regulations 1994 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) - a in sub-paragraph (a) for "21.50" substitute "21.70"; and b in sub-paragraph (b) for "10.80" substitute "10.90". 2 in the case of a claimant entitled to long-term incapacity benefit the sums specified in regulation 10(2)(a) and (b) of those regulations shall be increased to "11.25" and "6.25" respectively. rates of transitional invalidity allowance 18 1 subject to paragraph (2), in regulation 18(2) of the social security (incapacity benefit) (transitional) regulations 1995 (rate of long-term incapacity benefit in transitional cases) - a in sub-paragraph (a) for "21.50" substitute "21.70"; b in sub-paragraph (b) for "13.90" substitute "14.00"; and c in sub-paragraph (c) for "6.95" substitute "7.00". 2 in the case of a claimant entitled to long-term incapacity benefit the sums specified in regulation 18(2)(a), (b) and (c) of those regulations shall be increased to "11.25", "6.25" and "6.25" respectively. rates of bereavement benefits 19 in the rate of bereavement benefits regulations 2010 - a in regulation 2 (rate of widowed mother's allowance and widow's pension) for "112.55" substitute "113.70"; and b in regulation 3 (rate of widowed parent's allowance and bereavement allowance) for "112.55" substitute "113.70". part 3 income support and housing benefit applicable amounts for income support 20 1 the sums that are relevant to the calculation of an applicable amount as specified in the income support regulations shall be the sums set out in this article and schedules 2 to 4 to this order; and unless stated otherwise, any reference in this article to a numbered schedule is a reference to the schedule to the income support regulations bearing that number. 2 in - a regulations 17(1)(b) , 18(1)(c) and 21(1) ; and b paragraphs 13a(2)(a) and 14(2)(a) of part iii of schedule 2, the sum specified is in each case 3,000. 3 the sums specified in paragraph 2 of part i of schedule 2 (applicable amounts: personal allowances) shall be as set out in schedule 2 to this order. 4 in paragraph 3 of part ii of schedule 2 (applicable amounts: family premium) - a in sub-paragraph (1)(a) "17.45" remains unchanged; and b in sub-paragraph (1)(b) "17.45" remains unchanged. 5 the sums specified in part iv of schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in schedule 3 to this order. 6 in paragraph 18 of schedule 3 (housing costs: non-dependant deductions) - a in sub-paragraph (1)(a) for "94.50" substitute "95.45"; b in sub-paragraph (1)(b) for "14.65" substitute "14.80"; c in sub-paragraph (2)(a) for "133.00" substitute "136.00"; d in sub-paragraph (2)(b) for "133.00", "195.00" and "33.65" substitute "136.00", "200.00" and "34.00" respectively; e in sub-paragraph (2)(c) for "195.00", "253.00" and "46.20" substitute "200.00", "259.00" and "46.65" respectively; f in sub-paragraph (2)(d) for "253.00", "338.00" and "75.60" substitute "259.00", "346.00" and "76.35" respectively; and g in sub-paragraph (2)(e) for "338.00", "420.00" and "86.10" substitute "346.00", "430.00" and "86.95" respectively. 7 the sums specified in the provisions of the income support regulations set out in column (1) of schedule 4 to this order are the sums set out in column (2) of that schedule. income support transitional protection 21 it is directed that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the income support (transitional) regulations 1987 (special transitional addition) shall be increased by 1.0 per cent. housing benefit 22 1 the sums that are relevant to the calculation of an applicable amount as specified in the housing benefit regulations shall be the sums set out in this article and schedules 5 and 6 to this order; and unless otherwise stated, any reference in this article to a numbered schedule is a reference to the schedule to the housing benefit regulations bearing that number. 2 in regulation b13(3) (determination of a maximum rent (social sector)) - a in sub-paragraph (a) "14%" remains unchanged; and b in sub-paragraph (b) "25%" remains unchanged. 3 in regulation 27(3) (calculation of income on a weekly basis) - a in sub-paragraph (a) "175.00" remains unchanged; and b in sub-paragraph (b) "300.00" remains unchanged. 4 in regulation 74 (non-dependant deductions) - a in paragraph (1)(a) for "94.50" substitute "95.45"; b in paragraph (1)(b) for "14.65" substitute "14.80"; c in paragraph (2)(a) for "133.00" substitute "136.00"; d in paragraph (2)(b) for "133.00", "195.00" and "33.65" substitute "136.00", "200.00" and "34.00" respectively; e in paragraph (2)(c) for "195.00", "253.00" and "46.20" substitute "200.00", "259.00" and "46.65" respectively; f in paragraph (2)(d) for "253.00", "338.00" and "75.60" substitute "259.00", "346.00" and "76.35" respectively; and g in paragraph (2)(e) for "338.00", "420.00" and "86.10" substitute "346.00", "430.00" and "86.95" respectively. 5 in paragraph 2 of part 1 of schedule 1 (ineligible service charges), for "26.85", "26.85", "13.60", "17.85", "17.85", "9.00" and "3.30" substitute "27.10", "27.10", "13.75", "18.05", "18.05", "9.10" and "3.35" respectively. 6 in paragraph 6 of part 2 of schedule 1 (payments in respect of fuel charges) - a in sub-paragraph (2)(a) "28.80" remains unchanged; b in sub-paragraph (2)(b) and (d) "3.35" remains unchanged; and c in sub-paragraph (2)(c) "2.30" remains unchanged. 7 the sums specified in paragraph 2 of part 1 of schedule 3 (applicable amounts: personal allowances) shall be as set out in schedule 5 to this order. 8 in paragraph 3 of part 2 of schedule 3 (applicable amounts: family premium) - a in sub-paragraph (1)(a) "22.20" remains unchanged; and b in sub-paragraph (1)(b) "17.45" remains unchanged. 9 the sums specified in part 4 of schedule 3 (applicable amounts: premiums) shall be as set out in schedule 6 to this order. 10 in paragraph 26 of part 6 of schedule 3 (amount of components) for "36.20" substitute "36.55". 11 in paragraph 17(1) and (3)(c) of schedule 4 (sums to be disregarded in the calculation of earnings) "17.10" remains unchanged. 12 in paragraph 56 of schedule 5 (sums to be disregarded in the calculation of income other than earnings) "17.10" remains unchanged. housing benefit for certain persons over the qualifying age for state pension credit 23 1 the sums relevant to the calculation of an applicable amount as specified in the housing benefit (spc) regulations shall be the sums set out in this article and schedules 7 and 8 to this order; and unless stated otherwise, any reference in this article to a numbered schedule is a reference to the schedule to the housing benefit (spc) regulations bearing that number. 2 in regulation 30(3) (calculation of income on a weekly basis) - a in sub-paragraph (a) "175.00" remains unchanged; and b in sub-paragraph (b) "300.00" remains unchanged. 3 in regulation 55 (non-dependant deductions) - a in paragraph (1)(a) for "94.50" substitute "95.45"; b in paragraph (1)(b) for "14.65" substitute "14.80"; c in paragraph (2)(a) for "133.00" substitute "136.00"; d in paragraph (2)(b) for "133.00", "195.00" and "33.65" substitute "136.00", "200.00" and "34.00" respectively; e in paragraph (2)(c) for "195.00", "253.00" and "46.20" substitute "200.00", "259.00" and "46.65" respectively; f in paragraph (2)(d) for "253.00", "338.00" and "75.60" substitute "259.00", "346.00" and "76.35" respectively; and g in paragraph (2)(e) for "338.00", "420.00" and "86.10" substitute "346.00", "430.00" and "86.95" respectively. 4 in paragraph 2 of part 1 of schedule 1 (ineligible service charges), for "26.85", "26.85", "13.60", "17.85", "17.85", "9.00" and "3.30" substitute "27.10", "27.10", "13.75", "18.05", "18.05", "9.10" and "3.35" respectively. 5 in paragraph 6 of part 2 of schedule 1 (payments in respect of fuel charges) - a in sub-paragraph (2)(a) "28.80" remains unchanged; b in sub-paragraph (2)(b) and (d) "3.35" remains unchanged; and c in sub-paragraph (2)(c) "2.30" remains unchanged. 6 the sums specified in part 1 of schedule 3 (applicable amounts: personal allowances) shall be as set out in schedule 7 to this order. 7 in paragraph 3(1) of part 2 of schedule 3 (applicable amounts: family premium) "17.45" remains unchanged. 8 the sums specified in part 4 of schedule 3 (applicable amounts: amounts of premiums specified in part 3) shall be as set out in schedule 8 to this order. 9 in paragraph 9(1) and (3)(c) of schedule 4 (sums disregarded from claimant's earnings) "17.10" remains unchanged. 10 in paragraph 21 of schedule 5 (amounts to be disregarded in the calculation of income other than earnings) "17.10" remains unchanged. part 4 jobseeker's allowance applicable amounts for jobseeker's allowance 24 1 the sums that are relevant to the calculation of an applicable amount as specified in the jobseeker's allowance regulations shall be the sums set out in this article and schedules 9 to 12 to this order; and unless stated otherwise, any reference in this article to a numbered schedule is a reference to the schedule to the jobseeker's allowance regulations bearing that number. 2 in - a regulations 83(b), 84(1)(c) and 85(1) ; and b paragraphs 15a(2)(a) and 16(2)(a) of part iii of schedule 1, the sum specified is in each case 3,000. 3 the sums specified in paragraph 2 of part 1 of schedule 1 (applicable amounts: personal allowances) shall be as set out in schedule 9 to this order. 4 in paragraph 4 of part ii of schedule 1 (applicable amounts: family premium) - a in sub-paragraph (1)(a) "17.45" remains unchanged; and b in sub-paragraph (1)(b) "17.45" remains unchanged. 5 the sums specified in part iv of schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in schedule 10 to this order. 6 the sums specified in part ivb of schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in schedule 11 to this order. 7 in paragraph 17 of schedule 2 (housing costs: non-dependant deductions) - a in sub-paragraph (1)(a) for "94.50" substitute "95.45"; b in sub-paragraph (1)(b) for "14.65" substitute "14.80"; c in sub-paragraph (2)(a) for "133.00" substitute "136.00"; d in sub-paragraph (2)(b) for "133.00", "195.00" and "33.65" substitute "136.00", "200.00" and "34.00" respectively; e in sub-paragraph (2)(c) for "195.00", "253.00" and "46.20" substitute "200.00", "259.00" and "46.65" respectively; f in sub-paragraph (2)(d) for "253.00", "338.00" and "75.60" substitute "259.00", "346.00" and "76.35" respectively; and g in sub-paragraph (2)(e) for "338.00", "420.00" and "86.10" substitute "346.00", "430.00" and "86.95" respectively. 8 the sums specified in the provisions of the jobseeker's allowance regulations set out in column (1) of schedule 12 to this order are the sums set out in column (2) of that schedule. part 5 state pension credit state pension credit 25 1 the amounts as specified in the state pension credit regulations shall be the amounts set out in this article and schedule 13 to this order; and unless stated otherwise, any reference in this article to a numbered schedule is a reference to the schedule to the state pension credit regulations bearing that number. 2 in regulation 6 (amount of the guarantee credit) - a in paragraph (1)(a) for "237.55" substitute "243.25"; b in paragraph (1)(b) for "155.60" substitute "159.35"; c in paragraph (5)(a) for "61.85" substitute "62.45"; d in paragraph (5)(b) for "123.70" substitute "124.90"; and e in paragraph (8) for "34.60" substitute "34.95". 3 in regulation 7 (savings credit) - a in paragraph (1) "60 per cent.", "60 per cent." and "40 per cent." in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and b in paragraph (2) for "133.82" and "212.97" substitute "137.35" and "218.42" respectively. 4 in paragraph 14 of schedule ii (persons residing with the claimant) - a in sub-paragraph (1)(a) for "94.50" substitute "95.45"; b in sub-paragraph (1)(b) for "14.65" substitute "14.80"; c in sub-paragraph (2)(a) for "133.00" substitute "136.00"; d in sub-paragraph (2)(b) for "133.00", "195.00" and "33.65" substitute "136.00", "200.00" and "34.00" respectively; e in sub-paragraph (2)(c) for "195.00", "253.00" and "46.20" substitute "200.00", "259.00" and "46.65" respectively; f in sub-paragraph (2)(d) for "253.00", "338.00" and "75.60" substitute "259.00", "346.00" and "76.35" respectively; and g in sub-paragraph (2)(e) for "338.00", "420.00" and "86.10" substitute "346.00", "430.00" and "86.95" respectively. 5 in paragraph 1 of schedule iii (polygamous marriages) - a in sub-paragraph (5) for "237.55" and "81.95" substitute "243.25" and "83.90" respectively; and b in sub-paragraph (7) for "212.97" substitute "218.42". 6 the amounts specified in the provisions of the state pension credit regulations set out in column (1) of schedule 13 to this order are the amounts set out in column (2) of that schedule. part 6 employment and support allowance applicable amounts for the esa regulations 2008 26 1 the sums that are relevant to the calculation of an applicable amount as specified in the esa regulations 2008 shall be the sums set out in this article and schedules 14 and 15 to this order; and unless stated otherwise, any reference in this article to a numbered schedule is a reference to the schedule to the esa regulations 2008 bearing that number. 2 the sums specified in part 3 of schedule 4 (weekly amount of premiums specified in part 2) shall be as set out in schedule 14 to this order. 3 in part 4 of schedule 4 (the components) in paragraph 13 for "36.20" substitute "36.55". 4 in paragraph 19 of schedule 6 (housing costs: non-dependant deductions) - a in sub-paragraph (1)(a) for "94.50" substitute "95.45"; b in sub-paragraph (1)(b) for "14.65" substitute "14.80"; c in sub-paragraph (2)(a) for "133.00" substitute "136.00"; d in sub-paragraph (2)(b) for "133.00", "195.00" and "33.65" substitute "136.00", "200.00" and "34.00" respectively; e in sub-paragraph (2)(c) for "195.00", "253.00" and "46.20" substitute "200.00", "259.00" and "46.65" respectively; f in sub-paragraph (2)(d) for "253.00", "338.00" and "75.60" substitute "259.00", "346.00" and "76.35" respectively; and g in sub-paragraph (2)(e) for "338.00", "420.00" and "86.10" substitute "346.00", "430.00" and "86.95" respectively. 5 the sums specified in the provisions of the esa regulations 2008 set out in column (1) of schedule 15 to this order are the sums set out in column (2) of that schedule. prescribed amount for the esa regulations 2013 27 in regulation 62(2)(b) of the esa regulations 2013 (prescribed amounts) for "36.20" substitute "36.55". part 7 universal credit universal credit 28 1 in regulation 34(1)(a) of the universal credit regulations (amount of childcare costs element) "85%" remains unchanged. 2 the amounts of the child element, the additional amount in respect of each child or qualifying young person who is disabled (higher rate), the limited capability for work and work-related activity element, the carer element and the maximum amounts of the childcare costs element specified in the table in regulation 36 of the universal credit regulations (table showing amounts of elements) shall be as set out in schedule 16 to this order. 3 in paragraph 14 of schedule 4 to the universal credit regulations (amount of housing cost contributions) - a in sub-paragraph (1) for "69.37" substitute "70.06"; and b in sub-paragraph (3)(a) "nil" remains unchanged. 4 the amounts specified in the provisions of the universal credit regulations set out in column (1) of schedule 17 to this order are the amounts set out in column (2) of that schedule. part 8 revocations revocations 29 the following are revoked - a the social security benefits up-rating order 2015 save for articles 16, 17(10)(a) and 20; and b the social security benefits up-rating order 2016 . signed by authority of the secretary of state for work and pensions. caroline nokes parliamentary under-secretary of state, department for work and pensions 28th february 2017 we consent, andrew griffiths stephen barclay two of the lords commissioners of her majesty's treasury 2nd march 2017

part 1 introductory citation and commencement 1 1 these regulations may be cited as the statutory auditors regulations 2017. 2 subject to paragraph (3), these regulations come into force on 1st january 2018. 3 the following provisions of these regulations come into force on 6th april 2018 - a regulations 17 and 18; b paragraphs 21 and 22 of schedule 1; c paragraphs 2(a), 4(b), 13(b) and 16(a) and (b) of schedule 2. application and interpretation 2 1 the amendments made by part 1 of schedule 1 have effect in relation to financial years of building societies beginning on or after 17th june 2016. 2 the amendments made by part 2 of schedule 1 have effect in relation to financial years of friendly societies beginning on or after 17th june 2016. 3 the amendments made by paragraphs 8 to 19 in part 3 of schedule 1 have effect in relation to financial years of companies beginning on or after 17th june 2016; 4 the amendments made by schedule 2 have effect in relation to financial years of insurance undertakings beginning on or after 17th june 2016. 5 in schedule 3 - a the amendments made by paragraphs 4 to 9 and 11 to 19 have effect in relation to financial years of limited liability partnerships beginning on or after 17th june 2016; b the amendments made by paragraphs 2, 3 and 10 have effect in relation to financial years of limited liability partnerships beginning on or after 1st january 2017. 6 nothing in these regulations makes any act or omission of any person occurring before 1st january 2018 an offence. 7 these regulations have no effect in relation to - a copies of accounts and reports sent by the committee of management of a friendly society to the financial conduct authority and, if appropriate, the prudential regulation authority, under section 78(1) of the friendly societies act 1992 , b copies of accounts and reports sent by the directors of a building society to the financial conduct authority and, if appropriate, the prudential regulation authority, under section 81(2) of the building societies act 1986 , c copies of accounts and reports delivered by the directors of a company to the registrar under section 444, 444a, 445, 446 or 447 of the companies act 2006 , d an annual return, copy of a balance sheet or copy of an auditor's report sent by a registered society to the financial conduct authority under section 89 of the co-operative and community benefit societies act 2014 as modified by schedule 1 to the insurance accounts directive (miscellaneous insurance undertakings) regulations 2008 , e an annual return, copy of a balance sheet or copy of an auditor's report sent by a registered society to the registrar under section 48 of the industrial and provident societies act (northern ireland) 1969 as modified by schedule 2 to the insurance accounts directive (miscellaneous insurance undertakings) regulations 2008, f the accounts and reports in respect of an insurance undertaking which is not a registered society which are prepared or caused to be prepared in accordance with regulation 3 of the insurance accounts directive (miscellaneous insurance undertakings) regulations 2008, and g copies of accounts and reports delivered by the designated members of an llp to the registrar under section 444, 445 or 446 of the companies act 2006 as applied in respect of limited liability partnerships by the limited liability partnerships (accounts and audit) (application of companies act 2006) regulations 2008 , before 1st january 2018. 8 in this regulation - "building society" means a building society within the meaning of the building societies act 1986 ; "company" means a company within the meaning of section 1(1) of the companies act 2006; "financial year" - in relation to building societies, has the meaning given by sections 117 and 117a of the building societies act 1986 ; in relation to companies, has the meaning given by section 390 of the companies act 2006; in relation to friendly societies, has the meaning given by section 118 of the friendly societies act 1992; in relation to insurance undertakings, has the meaning given by regulation 2(6) of the insurance accounts directive (miscellaneous insurance undertakings) regulations 2008; in relation to limited liability partnerships, has the meaning given by section 390 of the companies act 2006 as it has been applied in respect of limited liability partnerships by the limited liability partnerships (accounts and audit) (application of companies act 2006) regulations 2008; "friendly society" means a friendly society within the meaning of the friendly societies act 1992 ; "insurance undertaking" has the meaning given by regulation 2(2) to (4) of the insurance accounts directive (miscellaneous insurance undertakings) regulations 2008; "limited liability partnership" has the meaning given by section 1 of the limited liability partnerships act 2000; "registered society" means - a registered society within the meaning given by section 1(1) of the co-operative and community benefit societies act 2014; or a society registered or deemed to be registered under the industrial and provident societies act (northern ireland) 1969. part 2 amendments to primary legislation amendments to primary legislation 3 schedule 1 (amendments to primary legislation) contains amendments to primary legislation. part 3 amendments to secondary legislation amendments to the insurance accounts directive (miscellaneous insurance undertakings) regulations 2008 4 schedule 2 contains amendments to the insurance accounts directive (miscellaneous insurance undertakings) regulations 2008. amendments to the limited liability partnerships (accounts and audit) (application of companies act 2006) regulations 2008 5 schedule 3 contains amendments to the limited liability partnerships (accounts and audit) (application of companies act 2006) regulations 2008. amendments to the companies (revision of defective accounts and reports) regulations 2008 6 the companies (revision of defective accounts and reports) regulations 2008 are amended as follows. 7 in regulation 2 (interpretation) - a in the definition of "date of revision" in paragraph (1) - i for "directors' report" to "revised directors' remuneration" substitute "report or"; ii before "5" insert "4a, "; b after the definition of "revised directors' remuneration policy" insert - "revised policy" means a revised revised directors' remuneration policy prepared by the directors under section 454 of the 2006 act, either through revision by replacement or revision by supplementary note; in the latter case the revised policy comprises the original directors' remuneration policy together with the supplementary note; "revised report" means a revised strategic report, revised directors' report or revised directors' remuneration report prepared by the directors under section 454 of the 2006 act, either through revision by replacement or revision by supplementary note; in the latter case the revised report comprises the original strategic report, directors' report or directors' remuneration report together with the supplementary note; ; c for the definitions of "revised report or policy" substitute - "revised report or policy" means a revised report or a revised policy; . 8 in regulation 5 (approval and signature of revised directors' report), for "them" substitute "it"; 9 in regulation 7 (auditor's report on revised accounts and revised report) - a for the introductory words in paragraph (1) substitute - 1 subject to paragraph (2), where a company has revised its accounts and its strategic report, directors' report or directors' remuneration report under section 454 of the 2006 act, a company's current auditor or auditors shall make a report or (as the case may be) further report under section 495 of the 2006 act (auditor's report on company's annual accounts) , to the company's members on those revised accounts and revised reports, and - za subject to the modifications in paragraph (1a), the requirements of sections 495 to 497 of the 2006 act apply, as appropriate, to the report on the revised accounts or the revised report as they applied to the, or would have applied to a, report on the original annual accounts, strategic report, directors' report or directors' remuneration report, ; b after paragraph (1) insert - 1a the modifications are that - a for the references to the report on the company's annual accounts in sections 495(1), 496(1) and 497(1) there were substituted a reference to the report under this regulation, b the - i requirements of the 2006 act (and, where applicable, article 4 of the ias regulation ) in accordance with which the revised accounts must have been prepared, referred to in section 495(3)(c), ii the applicable legal requirements in accordance with which the revised strategic report and revised directors' report must have been prepared, referred to in section 496(1)(a)(ii), and iii the requirements of the 2006 act in accordance with which the revised directors' remuneration report must have been properly prepared, referred to in section 497(1)(b), are construed in accordance with regulation 3. ; c in paragraph (3) - i omit the first paragraph; ii after "the" insert "auditor's"; iii omit from "or (in the" to the end; d omit paragraph (4). 10 in regulation 9 (auditor's report on revised report alone) - a for subsection (1) substitute - 1 subject to paragraph (2), where a company has revised its strategic report, directors' report or directors' remuneration report under section 454 of the 2006 act but has not revised its annual accounts, a company's current auditor shall make a report or (as the case may be) further report to the company's members on any revised report prepared under section 454 of that act if the relevant annual accounts have not been revised at the same time, and - a subject to the modifications in paragraph (1a), the requirements of section s496 and 497 of the 2006 act apply, as appropriate, to the report on the revised report as they applied to the, or would have applied to a, report on the original strategic report, directors' report or directors' remuneration report, b section 498 of that act (duties of auditor) applies with any necessary modifications, and c section 495(1) does not apply with respect to the revised reports. 1a the modifications are that - a for the references to the report on the company's annual accounts in sections 496(1) and 497(1) there were substituted a reference to the report under this regulation, b the - i applicable legal requirements in accordance with which the revised strategic report and revised directors' report must have been prepared, referred to in section 496(1)(a)(ii), and ii requirements of the 2006 act in accordance with which the revised directors' remuneration report must have been properly prepared, referred to in section 497(1)(b), are construed in accordance with regulation 3. ; b omit paragraphs (3) and (4). 11 in regulation 11 (effect of revision of report), before "5" insert "4a, ". 12 in regulation 18 (companies exempt from audit) - a in the heading, after "477" insert ", 479a "; b after the first occurrence of "exemption from audit)", insert ", 479a (subsidiary companies: conditions for exemption from audit)". 13 in regulation 19 (modifications of the 2006 act) - a in paragraph (1), after both the second and third occurrences of "(as the case may be)", insert "strategic report, "; b omit paragraph (2). 14 after regulation 20 (revocations etc) insert - review 21 1 the secretary of state must from time to time - a carry out a review of the regulatory provision in these regulations to which amendments have been made by part 3 of the statutory auditor regulations 2017, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 1st january 2023. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(3) of the small business, enterprise and employment act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how article 28 of directive 2006/43/ec of the european parliament and of the council 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 is implemented in other member states. 5 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 6 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). . amendments to the statutory auditors and third country auditors regulations 2016 15 the statutory auditors and third country auditors regulations 2016 are amended as follows. 16 in regulation 2 (interpretation), in the definition of "audit reporting requirements" - a in paragraph (b), after "495, " insert "496, "; b in paragraph (d), after "498a" insert "and 503 to 506"; c in paragraph (f), after "495" insert ", 496". amendments to the statutory auditors (amendment of companies act 2006 and delegation of functions etc) order 2012 17 the statutory auditors (amendment of companies act 2006 and delegation of functions etc) order 2012 is amended as follows. 18 in article 7 (transfer of functions) - a in paragraph (6)(a), for "and the statutory auditors and third country auditors regulations 2017" substitute ", the statutory auditors and third country auditors regulations 2017 and the statutory auditors regulations 2017"; b in paragraph (6)(b), for "and the statutory auditors and third country auditors regulations 2017" substitute ", the statutory auditors and third country auditors regulations 2017 and the statutory auditors regulations 2017". part 4 revocations, repeals and saving revocations, repeals and saving 19 1 the enactments listed in the table in schedule 4 (revocations and repeals) are revoked or repealed to the extent specified. 2 other than in relation to entries 1 to 4 in the table , the revocations and repeals have effect in relation to financial years of qualifying banks beginning on or after 30th november 2018. 3 in this regulation - "financial year" has the meaning given by regulation 2(1) of the bank accounts directive (miscellaneous banks) regulations 2008 ; "qualifying bank" has the meaning given by regulations 2(1) and 3 of those regulations. margot james minister for small business, consumers and corporate responsibility department for business, energy and industrial strategy 28th november 2017

citation and commencement 1 this order may be cited as the child abduction and custody (parties to conventions) (amendment) order 2017 and comes into force on 20th july 2017. revocation of the 2011 (no. 2) order 2 the child abduction and custody (parties to conventions) (amendment) ( no. 2) order 2011 is revoked. amendment of the 1986 order 3 in the child abduction and custody (parties to conventions) order 1986 , for schedules 1 and 2, substitute schedules 1 and 2 as set out in the schedule to this order. richard tilbrook clerk of the privy council

citation and commencement 1 these regulations may be cited as the freight containers (safety convention) regulations 2017 and come into force on 6th april 2017. interpretation 2 in these regulations - "the 1974 act" means the health and safety at work etc. act 1974; "the 1984 regulations " means the freight containers (safety convention) regulations 1984; " the convention " means the international convention for safe containers 1972, as amended ; "container" means an article of transport equipment, excluding a vehicle or packaging or any article of transport equipment designed solely for use in air transport, which is - of a permanent character and accordingly strong enough for repeated use; designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading; designed to be secured or readily handled or both, having corner fittings for these purposes; and of a size such that the area enclosed by the outer bottom corners is either - if the container is fitted with top corner fittings, at least 7 square metres, or in any other case, at least 14 square metres, and includes - a container when carried on a chassis; and a swap body that is carried by or on board a sea-going ship, and that is not mounted on a road vehicle or rail wagon; "corner fittings" means an arrangement of apertures and faces at either the top or the bottom or both at the top and the bottom of the container for the purposes of handling, stacking and securing or any of those purposes; " the executive " means the health and safety executive; "maintained" means maintained in an efficient state in efficient working order and in good repair; "maximum operating gross mass" means the maximum allowable sum of the mass of the container and its cargo; "safety approval plate" means a plate in the form and containing the information specified by the schedule; "swap body" means a container which is specially designed for carriage by road only or by rail and road only and is without stacking capability and top lift facilities; "use" means use for the purpose for which the container is designed but does not include - movement to a place for remedial action if - so far as is reasonably practicable the movement is without risk to the safety of any person, and the remedial action is carried out before the container is repacked with goods; in the case of an empty container - transport to a place for testing to obtain approval under regulation 5; or delivery to its purchaser by the vendor or their agent. application of regulations 3 these regulations apply to any container used at work, or supplied for use at work and which - a is in great britain; or b is outside great britain in circumstances in which sections 1 to 59 and 80 to 82 of the 1974 act apply by virtue of the health and safety at work etc. act 1974 (application outside great britain) order 2013 . conditions of use and enforcement 4 1 the owner or lessee of a container must not use or permit that container to be used unless - a it has valid approval in accordance with regulation 5; b it has a valid safety approval plate fixed to it in accordance with regulation 6; c it is properly maintained; d the examination requirements in regulation 8 are met in respect of that container; e all markings on the container showing maximum operating gross mass are consistent with the maximum operating gross mass information on the safety approval plate; and f it meets the conspicuous marking requirements in regulation 9. 2 any other person using or permitting the use of a container must, so far as is reasonably practicable, ensure that - a a valid safety approval plate is fixed to it in accordance with regulation 6; b all markings on the container showing maximum operating gross mass are consistent with the maximum operating gross mass information on the safety approval plate; and c it meets the conspicuous marking requirements in regulation 9. 3 where it is an express term of a bailment of a container that the bailee is responsible for ensuring that the container is maintained or examined, the bailee must, in addition to any duty placed on them by paragraph (2), ensure that - a the container is properly maintained; and b the examination requirements in regulation 8 are met. 4 in proceedings for an offence of using or permitting a container to be used which is not properly maintained or examined, it is a defence that at the time of the contravention a bailment or lease was in force in respect of the container and - a in the case of an owner, that it was an express term that the bailee or lessee was responsible for ensuring that the container is maintained or examined; b in the case of a lessee - i that it was not an express term of the lease that the lessee was responsible for ensuring that the container is maintained or examined, or ii under a further lease it was an express term that the further lessee was responsible for ensuring that the container is maintained or examined; c in the case of a bailee who is a bailor under a further bailment, that it was an express term of the further bailment that the further bailee was responsible for ensuring that the container is maintained or examined. 5 in this regulation "owner" includes the owner's agent. approval of containers - either by design type or individually 5 1 an approval referred to in regulation 4(1)(a) (whether relating to a design type or to an individual container) is valid only if - a it has been issued - i by the executive; ii by a person or organisation appointed for the time being by the executive in accordance with paragraph (2), or iii by or under the authority of a government which has ratified, accepted, approved or acceded to the convention; and b it has not been withdrawn in writing by - i the person or organisation who issued the approval; or ii the executive, whether or not it was issued by the executive. 2 an appointment by the executive for the purpose of issuing approvals under paragraph (1)(a)(ii) must be in writing and may be - a for a specified period; b subject to conditions; and c varied or revoked at any time by the executive in writing. fixing of safety approval plate 6 a container has a valid safety approval plate fixed to it if - a the safety approval plate is marked and fixed to it in accordance with - i the schedule; or ii where regulation 7 applies, the 1984 regulations, and b the information on the safety approval plate is correct and relates to a valid approval. containers constructed before 1st july 2014 7 a container constructed prior to 1st july 2014 may retain the safety approval plate required by the 1984 regulations, provided that no structural modifications have been or are made to that container. examination of containers 8 1 the examinations in regulation 4(1)(d) and (3)(b) must be in accordance with an examination scheme or programme approved by the executive for the purposes of this regulation. 2 there must be clearly marked on the container either on or as close as practicable to the safety approval plate all matters which the examination scheme or programme requires to be marked. 3 the examination requirements in paragraph (1) do not apply in the case of an owner if - a examinations comply with the procedure adopted by the state where the owner is permanently resident or incorporated; b the procedure has been approved or prescribed by the government of that state, or by any organisation authorised by such a government to act on its behalf, for the purpose of the convention; and c that government has ratified, accepted, approved or acceded to the convention. marking in accordance with british standard 9 1 where the stacking or racking values are less than 192,000kg or 150kn, respectively, the container must be conspicuously marked as required under british standard freight containers - coding, identification and marking , as revised or reissued from time to time, at or before the next scheduled examination. 2 in this regulation "scheduled examination" means the next examination conducted in accordance with regulation 8. revocation 10 the 1984 regulations are revoked. review 11 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in these regulations, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 6th april 2022. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(3) of the small business, enterprise and employment act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the convention are implemented in other countries which are subject to the obligations. 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 work and pensions penny mordaunt minister of state, department for work and pensions 8th march 2017

citation and commencement 1 this order may be cited as the personal injuries (civilians) scheme (amendment) order 2017 and comes into force on 10th april 2017. amendment of the personal injuries (civilians) scheme 1983 2 the personal injuries (civilians) scheme 1983 ("the scheme") is amended as follows. amendment of schedule 3 (rates of pensions and allowances payable in respect of disablement and earnings or income thresholds) 3 for the table in schedule 3 to the scheme substitute the table in schedule 1 to this order. amendment of schedule 4 (rates of pensions and allowances payable in respect of death) 4 for the table in schedule 4 to the scheme substitute the table in schedule 2 to this order. mark lancaster parliamentary under secretary of state ministry of defence 1st february 2017 andrew griffiths david evennett two of the lords commissioners of her majesty's treasury 8th february 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) (amendment) regulations 2017 and come into force on 20th december 2017. amendment of the national insurance contributions (application of part 7 of the finance act 2004) (amendment) regulations 2017 2 the national insurance contributions (application of part 7 of the finance act 2004) (amendment) regulations 2017 are amended as follows. 3 in regulation 1(3) (citation and commencement) for "6(b), 11 and 14(2)(c)" substitute "5(b), 10 and 13(2)(c)". mark spencer david rutley two of the lords commissioners of her majesty's treasury at 11.15 a.m. on 19th december 2017

citation and commencement 1 these regulations may be cited as the housing and planning act 2016 (permission in principle etc) (miscellaneous amendments) (england) regulations 2017 and come into force on the twenty-first day after the day on which they are made. consequential amendment to the local government act 1972 2 1 schedule 12a to the local government act 1972 is amended as follows. 2 in paragraph 9 (access to information: qualifications to exempt information), after "planning permission" insert "or permission in principle ". consequential amendment to the town and country planning act 1990 3 1 the town and country planning act 1990 is amended as follows. 2 in section 69 (register of applications etc) - a in paragraph (2) for "and (aa)" substitute ", (aa) and (aza)"; and b in paragraph (4) after "(aa)" insert ", (aza)". 3 in section 75 (effect of planning permission) - a in the heading, after "planning permission" insert "or permission in principle"; and b in subsection (1), after "planning permission", in both places, insert "or permission in principle". 4 in section 96a (non-material changes to planning permission) - a in the heading, after "planning permission" insert "or permission in principle"; b in subsection (1) after "planning permission" insert ", or any permission in principle (granted following an application to the authority),"; c in subsections (2), (4), (6) and (7) after "planning permission", in each place, insert "or permission in principle"; and d in subsection (3), after "includes power" insert "to make a change to a planning permission". 5 in section 100 (revocation and modification of planning permission by the secretary of state), in the heading, after "planning permission" insert "or permission in principle". consequential amendment to the planning (hazardous substances) act 1990 4 1 the planning (hazardous substances) act 1990 is amended as follows. 2 in section 9(2)(c) (determination of applications for hazardous substances consent: material considerations), after "planning permission" insert ", permission in principle ". amendment to the commons act 2006 5 1 schedule 1a (exclusion of right under section 15) to the commons act 2006 is amended as follows. 2 after paragraph 4 in the table set out in schedule 1a insert - 4a. a local planning authority first publicise their intention to enter land in part 2 of a register under section 14a of the planning and compulsory purchase act 2004 in accordance with requirements imposed by regulations under that section. the period of 10 weeks, beginning with the date of first publication of their intention, expires without the land being entered on part 2 of the register. 4b. a local planning authority first publicise the entry of land in part 2 of a register under section 14a of the planning and compulsory purchase act 2004 in accordance with requirements imposed by regulations under that section. a permission in principle granted under section 59a(1)(a) of the town and country planning act 1990, in relation to the land allocated for development in the register, expires by virtue of section 59a(7). signed by authority of the secretary of state for communities and local government gavin barwell minister of state department for communities and local government 6th march 2017

citation and commencement 1 1 these regulations may be cited as the childcare act 2006 (provision of information to parents) (england) (amendment) (no. 2) regulations 2017. 2 this regulation and regulation 2 come into force on 31st march 2017. 3 paragraphs (1), (2), (5) and (6) of regulation 3 come into force on 1st april 2017. 4 paragraphs (3) and (4) of regulation 3 come into force on 1st september 2017. revocation 2 the childcare act 2006 (provision of information to parents) (england) (amendment) regulations 2017 are revoked. amendment of the childcare act 2006 (provision of information to parents) (england) regulations 2007 3 1 the childcare act 2006 (provision of information to parents) (england) regulations 2007 are amended as follows. 2 in regulation 1(2), after the definition of "childminder agency" insert - "the extended entitlement" means early years provision which is provided free of charge pursuant to a duty imposed on an english local authority by regulation 33 of the childcare (early years provision free of charge) (extended entitlement) regulations 2016 (duty to secure early years provision free of charge for a qualifying child of working parents); . 3 in regulation 1(2), for the definition of "free early years provision" substitute - "free early years provision" means early years provision which is provided free of charge pursuant to a duty imposed on an english local authority by - section 7 of the 2006 act (duty to secure prescribed early years provision free of charge); or regulation 33 of the childcare (early years provision free of charge) (extended entitlement) regulations 2016; . 4 after regulation 2 (prescribed descriptions of information about childcare), insert - 2a duty to publish information 1 an english local authority must publish the descriptions of information prescribed under regulation 2 three times a year on 1st january, 1st april and 1st september. 2 an english local authority must - a publish the prescribed descriptions of information by placing them on its website; and b publish its arrangements for enabling - i people without access to the internet; and ii different groups who face difficulties in accessing the internet, including people with a disability, to obtain a copy of the information. 3 in this regulation, "disability" has the meaning given by section 6 of the equality act 2010 . . 5 in paragraph 1 of schedule 1, after sub-paragraph (o), insert - p during the period beginning on 1st april 2017 and ending on 31st august 2017, whether the registered person intends to provide the extended entitlement. . 6 in paragraph 2 of schedule 1, after sub-paragraph (g), insert - h during the period beginning on 1st april 2017 and ending on 31st august 2017, whether the person providing the childcare intends to provide the extended entitlement. . caroline dinenage parliamentary under secretary of state department for education 8th march 2017

citation, commencement and effect 1 1 these regulations may be cited as the inheritance tax avoidance schemes (prescribed descriptions of arrangements) regulations 2017 and come into force on 1st april 2018. 2 these regulations do not have effect - a for the purposes of section 308(1) of the finance act 2004 (duties of promoter relating to any notifiable proposal), if the relevant date falls before 1st april 2018; b for the purposes of section 308(3) of the finance act 2004 (duties of promoter relating to any notifiable arrangements), if the date on which the promoter first becomes aware of any transaction forming part of notifiable arrangements falls before 1st april 2018; c for the purposes of section 309(1) of the finance act 2004 (duty of person dealing with promoter outside the united kingdom), and of section 310 of that act (duty of parties to notifiable arrangements not involving promoter), if the date on which any transaction forming part of notifiable arrangements is entered into falls before 1st april 2018. 3 in paragraph (2)(a) "the relevant date" has the meaning given by section 308(2) of the finance act 2004. interpretation 2 in these regulations - "chargeable transfer" has the meaning given by section 2(1) of ihta 1984; "estate" shall be construed in accordance with sections 5, 55 and 151(4) of ihta 1984; "ihta 1984" means the inheritance tax act 1984 ; "potentially exempt transfer" has the meaning given by section 3a(1) and (1a) of ihta 1984 ; "property" shall be construed in accordance with section 272 of ihta 1984; "relevant property" has the meaning given by section 58 of ihta 1984; "relevant property entry charge" means the charge to inheritance tax which arises on a transfer of value made by an individual during that individual's lifetime as a result of which property becomes relevant property; "transfer of value" has the meaning given by section 3(1) of ihta 1984. prescribed description of arrangements in relation to inheritance tax 3 subject to regulation 5, for the purposes of part 7 of the finance act 2004 (disclosure of tax avoidance schemes) arrangements which fall within the description in regulation 4 are prescribed in relation to inheritance tax. 4 1 arrangements fall within the description in this regulation if it would be reasonable to expect an informed observer (having studied the arrangements and having regard to all relevant circumstances) to conclude that condition 1 and condition 2 are met. 2 condition 1 is that the main purpose, or one of the main purposes, of the arrangements is to enable a person to obtain one or more of the following advantages in relation to inheritance tax (the "tax advantage") - a the avoidance or reduction of a relevant property entry charge; b the avoidance or reduction of a charge to inheritance tax under section 64, 65, 72 or 94 of ihta 1984; c the avoidance or reduction of a charge to inheritance tax arising from the application of section 102, 102za, 102a or 102b of the finance act 1986 in circumstances where there is also no charge to income tax under schedule 15 to the finance act 2004 (charge to income tax on benefits received by former owner of property); d a reduction in the value of a person's estate without giving rise to a chargeable transfer or potentially exempt transfer. 3 condition 2 is that the arrangements involve one or more contrived or abnormal steps without which the tax advantage could not be obtained. 5 1 arrangements are excepted from being prescribed under regulation 3 if they - a implement a proposal which has been implemented by related arrangements; and b are substantially the same as the related arrangements. 2 in this regulation "related arrangements" means arrangements which - a were entered into before 1st april 2018; and b at the time they were entered into, accorded with established practice of which hmrc had indicated their acceptance. revocation of the inheritance tax avoidance schemes (prescribed description of arrangements) regulations 2011 6 1 the inheritance tax avoidance schemes (prescribed description of arrangements) regulations 2011 are revoked. 2 in regulation 4(5) of the tax avoidance schemes (information) regulations 2012 , in the definition of "the iht arrangements regulations", for "2011" substitute "2017". david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 29th november 2017

citation, commencement and effect 1 1 these regulations may be cited as the communications (television licensing) (amendment) regulations 2017. 2 they come into force on 1st april 2017. 3 they have effect in respect of tv licences issued on or after 1st april 2017. amendment of the communications (television licensing) regulations 2004 2 the communications (television licensing) regulations 2004 are amended in accordance with regulations 3 to 6 . amendment of schedule 1 (issue fees for tv licences) 3 1 the table in schedule 1 is amended as follows. 2 in the third column of the row relating to tv licence (black and white only) general form for "49.00" substitute "49.50". 3 in the third column of the row relating to tv licence (including colour) general form for "145.50" substitute "147.00". 4 in the third column of the row relating to tv licence (black and white only) multiple form for "49.00" substitute "49.50". 5 in the third column of the row relating to tv licence (including colour) multiple form for "145.50" substitute "147.00". amendment of schedule 2 (fees for tv licences payable by instalments) 4 1 schedule 2 is amended as follows. 2 in paragraph 2(1) - a for "37.64" substitute "38.00"; b for "37.62" substitute "38.00". 3 in paragraph 5(1) for "2010" substitute "2017". 4 for table 1 substitute table 1 in the schedule. 5 in paragraph 6(1) for "2010" substitute "2017". 6 for table 2 substitute table 2 in the schedule. 7 in paragraph 7(6)(b) for "2010" substitute "2017". 8 in paragraph 7(6), in the words after sub-paragraph (b) - a for "84.90" substitute "85.15"; b for "12.12" substitute "12.37". 9 for table 3 substitute table 3 in the schedule. 10 in paragraph 9(a) for "5.60" substitute "6.00". 11 for paragraph 9(c) substitute - c the amount of each of the first 7 of those instalments is to be 6.00 and the amount of each of the remaining 18 instalments is to be 5.50. . 12 in paragraph 11(1) for "74.00" substitute "75.50". 13 in paragraph 11(2) for "61.00" substitute "62.50". 14 in paragraph 11(4) for "41.50" substitute "42.50". 15 in paragraph 12(1) for "74.00" substitute "75.50". 16 in paragraph 13(1) for "61.00" substitute "62.50". 17 in paragraph 14(2)(a) for "9.30" substitute "9.45". 18 in paragraph 14(2)(b) - a for "11.65" substitute "11.85"; b for "11.45" substitute "11.55". 19 in paragraph 14(2)(c) for "15.50" substitute "15.75". 20 in paragraph 14(2)(d) for "4 instalments to be 23.25" substitute "first 3 instalments to be 23.65 and the amount of the final instalment to be 23.55". 21 in paragraph 15(1) for "41.50" substitute "42.50". 22 in paragraph 15(2)(a) for "10.40" substitute "10.45". 23 in paragraph 15(2)(b) for "8 instalments to be 13.00" substitute "first 7 instalments to be 13.10 and the amount of the final instalment to be 12.80". 24 in paragraph 15(2)(c) for "17.35" substitute "17.45". 25 in paragraph 15(2)(d) for "4 instalments to be 26.00" substitute "first 3 instalments to be 26.15 and the amount of the final instalment to be 26.05". 26 in paragraph 16(2)(a) for "11.70" substitute "11.85". 27 in paragraph 16(2)(b) - a for "14.65" substitute "14.85"; b for "14.45" substitute "14.55". 28 in paragraph 16(2)(c) for "19.50" substitute "19.75". 29 in paragraph 16(2)(d) for "4 instalments to be 29.25" substitute "first 3 instalments to be 29.65 and the amount of the final instalment to be 29.55". 30 in paragraph 17(2)(a) for "13.50" substitute "13.65". 31 in paragraph 17(2)(b) - a for "16.90" substitute "17.10"; b for "16.70" substitute "16.80". 32 in paragraph 17(2)(c) for "22.50" substitute "22.75". 33 in paragraph 17(2)(d) for "4 instalments to be 33.75" substitute "first 3 instalments to be 34.15 and the amount of the final instalment to be 34.05". amendment of schedule 3 (fees for interim tv licences) 5 1 schedule 3 is amended as follows. 2 in the table, in the third column of the row relating to interim tv licence (black and white only) (not in the channel islands or the isle of man) for "4.08" substitute "4.125". 3 in the table, in the third column of the row relating to interim tv licence (including colour) (not in the channel islands or the isle of man) for "12.12" substitute "12.25". 4 in paragraph 1(5)(b) for "145.50" substitute "147.00". amendment of schedule 5 (tv licence fees for hotels and hospitality areas and mobile units) 6 1 schedule 5 is amended as follows. 2 in paragraph 1, in the definition of "relevant amount" - a in paragraph (a) for "49.00" substitute "49.50"; b in paragraph (b) for "145.50" substitute "147.00". 3 in paragraph 3(1)(a) for "49.00" substitute "49.50". 4 in paragraph 3(1)(b) for "145.50" substitute "147.00". karen bradley secretary of state department for culture, media and sport 28th february 2017 we consent: gutto bebb david evennett two of the lords commissioners of her majesty's treasury 28th february 2017

citation, commencement and application 1 1 this order may be cited as the london borough of croydon (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 article 3 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 this order is made; b for all other purposes, on the ordinary day of election of councillors in 2018. interpretation 2 1 in this order, "the map" means the map marked "map referred to in the london borough of croydon (electoral changes) order 2017", held by the local government boundary commission for england . 2 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of the london borough of croydon and number of councillors 3 1 the existing wards of the london borough of croydon are abolished. 2 the london borough of croydon is divided into 28 wards as listed in the first column of the table in the schedule. 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 the number of councillors to be elected for each 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 20th november 2017

citation, commencement and application 1 1 these regulations may be cited as the milk and milk products (pupils in educational establishments) (england and northern ireland) regulations 2017, and come into force on 1st august 2017. 2 except for regulations 6 and 7, these regulations - a extend to england and wales and to northern ireland, and b apply in england and northern ireland only. 3 an amendment of an instrument by regulation 6, or a revocation of an instrument by regulation 7, has the same extent and application as the instrument being amended or revoked. interpretation 2 1 in these regulations - "applicant" means an applicant for aid as described in article 5 of the delegated regulation; "the council regulation" means regulation (eu) no 1308/2013 of the european parliament and of the council of 17th december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations (eec) no 922/72 , (eec) no 234/79 , (ec) no 1037/2001 and (ec) no 1234/2007 ; "the delegated regulation" means commission delegated regulation (eu) 2017/40 of 3rd november 2016 supplementing regulation (eu) no 1308/2013 of the european parliament and of the council with regard to union aid for the supply of fruit and vegetables, bananas and milk in educational establishments and amending commission delegated regulation (eu) no 907/2014 ; "the department" means the department of agriculture, environment and rural affairs; "the implementing regulation" means commission implementing regulation (eu) 2017/39 of 3rd november 2016 on rules for the application of regulation (eu) no 1308/2013 of the european parliament and of the council with regard to union aid for the supply of fruit and vegetables, bananas and milk in educational establishments ; "union aid" means aid granted pursuant to article 23(1) of the council regulation. additional payment under articles 23a(6) and 217 of the council regulation 3 1 where an applicant is in receipt of union aid - a the secretary of state in respect of an applicant situated in england; or b the department in respect of an applicant situated in northern ireland may, in accordance with articles 23a(6) and 217 of the council regulation, make a payment to that applicant in addition to that union aid. 2 the provisions specified in paragraph (3) apply to additional payments under paragraph (1). 3 the specified provisions are - a article 22 (target group) and article 23 (aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs) of the council regulation; b paragraphs (1) and (2) of article 6 (conditions for approval of aid applicants); article 7 (suspension and withdrawal of approval), and paragraph (2)(b) of article 11 (distribution of products in conjunction with regular school meals) of the delegated regulation ; and c article 4 (aid application submitted by aid applicant); article 5 (payment of the aid); article 9 (administrative checks); article 10 (on-the-spot checks) and article 11 (recovery of undue payments) of the implementing regulation. withholding or recovery 4 1 where an applicant has received union aid or a payment under regulation 3 to which the applicant was not entitled, or where the applicant is in breach of any commitment given by that applicant as a condition of receiving such union aid or payment, the secretary of state or the department (as the case may be) may - a withhold the whole or any part of such union aid or payment that might otherwise have been made to that applicant; or b recover on demand the whole or any part of any such union aid or payment already made to that applicant. 2 before taking any action under paragraph (1), the secretary of state or the department shall - a give to the applicant written notification of the proposed action (including the amount to be withheld or recovered, with an explanation of the reasons for the proposed action); b afford that applicant the opportunity of making written representations within such time as the secretary of state or the department considers reasonable; and c consider any such representations. 3 in any case where an amount falls to be paid to the secretary of state or the department by virtue of these regulations, that amount, and any interest charged under regulation 5, shall be recoverable by them as a debt. interest 5 1 where regulation 4 applies, interest may be charged in respect of each day of the period referred to in article 7(2) of commission implementing regulation (eu) no 809/2014 laying down rules for the application of regulation (eu) no 1306/2013 of the european parliament and of the council with regard to the integrated administration and control system, rural development measures and cross-compliance . 2 for the purpose of paragraph (1), the rate of interest applicable in respect of any day is one percentage point above the bank of england base rate on that day. 3 in this regulation "the bank of england base rate" means - a except where sub-paragraph (b) applies, the rate announced from time to time by the monetary policy committee of the bank of england as the official dealing rate being the rate at which the bank is willing to enter into transactions for providing short-term liquidity in the markets; or b if an order under section 19 (reserve powers) of the bank of england act 1998 is in force, an equivalent determined by the treasury under that section. amendment of secondary legislation 6 1 the common agricultural policy (control and enforcement, cross-compliance, scrutiny of transactions and appeals) regulations 2014 are amended in accordance with paragraph (2). 2 in schedule 1 (the scmo regulations) at the appropriate place insert - commission implementing regulation (eu) 2017/39 on rules for the application of regulation (eu) no 1308/2013 of the european parliament and of the council with regard to union aid for the supply of fruit and vegetables, bananas and milk in educational establishments ; and commission delegated regulation (eu) 2017/40 supplementing regulation (eu) no 1308/2013 of the european parliament and of the council with regard to union aid for the supply of fruit and vegetables, bananas and milk in educational establishments and amending commission delegated regulation (eu) no 907/2014 . 3 the common agricultural policy (control and enforcement) regulations (northern ireland) 2015 are amended in accordance with paragraph (4). 4 in the schedule (the european regulations) at the appropriate place insert - commission implementing regulation (eu) 2017/39 on rules for the application of regulation (eu) no 1308/2013 of the european parliament and of the council with regard to union aid for the supply of fruit and vegetables, bananas and milk in educational establishments ; and commission delegated regulation (eu) 2017/40 supplementing regulation (eu) no 1308/2013 of the european parliament and of the council with regard to union aid for the supply of fruit and vegetables, bananas and milk in educational establishments and amending commission delegated regulation (eu) no 907/2014 . 5 the common agricultural policy (review of scmo decisions) regulations (northern ireland) 2015 are amended in accordance with paragraph (6). 6 in the schedule (community instruments to which these regulations apply) at the appropriate place insert - commission implementing regulation (eu) 2017/39 on rules for the application of regulation (eu) no 1308/2013 of the european parliament and of the council with regard to union aid for the supply of fruit and vegetables, bananas and milk in educational establishments ; and commission delegated regulation (eu) 2017/40 supplementing regulation (eu) no 1308/2013 of the european parliament and of the council with regard to union aid for the supply of fruit and vegetables, bananas and milk in educational establishments and amending commission delegated regulation (eu) no 907/2014 . revocation of secondary legislation 7 1 subject to paragraph (2), the following are revoked - a the milk and milk products (pupils in educational establishments) (england) regulations 2008 ; b regulation 9 of the single common market organisational (consequential amendments) regulations 2013 ; c the milk and milk products (pupils in educational establishments) regulations (northern ireland) 2008 ; and d regulation 8 of the single common market organisation (consequential amendments) regulations (northern ireland) 2014 . 2 the instruments revoked by paragraph (1) continue to apply in accordance with article 14 of the delegated regulation to the school milk scheme referred to in that article until that scheme comes to an end. george eustice minister of state department for environment, food and rural affairs 11th july 2017

part 1 general citation, commencement and effect 1 these regulations may be cited as the corporation tax act 2010 (part 8c) (amendment) regulations 2017 and come into force on 14th march 2017 . 2 the amendments made by part 2 of these regulations have effect from 21 october 2015. 3 the amendments made by part 3 of these regulations have effect from 14th march 2017 . amendment of part 8c of the corporation tax act 2010 4 part 8c of the corporation tax act 2010 is amended as follows. part 2 charitable companies, life insurance companies, anti-avoidance and treatment of amounts deducted charitable companies 5 in section 357ya (charge to corporation tax on restitution interest) - a the existing text becomes subsection (1), and b after subsection (1) insert - 2 in subsection (1) the reference to a company does not include a charitable company. . 6 in section 357yb (restitution interest chargeable as income), after subsection (1) insert - 1a in subsection (1) the reference to a company does not include a charitable company. . meaning of "restitution interest" 7 in section 357yc (meaning of "restitution interest") - a in subsection (2) for "a claim by the company for restitution" substitute "a company's right (or possible right) to restitution", and b for subsection (3)(b) substitute - b the commissioners have in final settlement of a claim in respect of the right (or possible right) mentioned in subsection (2) entered into an agreement under which a person is entitled to be paid, or is to retain, the interest. . life insurance companies 8 after section 357yd (further provision about amounts included, or not included, in "restitution interest") insert - life insurance companies: amounts representing policyholder income 357yda 1 this section applies if - a an amount of interest paid or payable by the commissioners for her majesty's revenue and customs would (but for this section) be restitution interest arising to a company, and b were this part not to have effect, that amount would be taken into account under section 73 of fa 2012 (the i-e basis) as income chargeable for an accounting period of the company that is referable to its basic life assurance and general annuity business. 2 so much (if any) of the amount as represents policyholder income is to be treated for the purposes of this part as if it were not restitution interest. 3 to determine how much (if any) of the amount mentioned in subsection (1) (amount "a") represents policyholder income, take the following steps - step 1 a take so much of amount a as consists of non-act interest ("the non-act amount"). b determine how much (in total) of the non-act amount is to be assigned to with-profits funds (one or more) of the company. call this total amount "p". in this step "non-act interest" means interest which is not interest in respect of advance corporation tax. step 2 determine how much of p is to be assigned to each of the with-profits funds concerned. this is the "assignable amount" in the case of each fund. step 3 in the case of each fund mentioned in step 2, determine in what proportions profits of the fund concerned are to be divided between policyholders and shareholders under the distribution policy for the fund. step 4 express the policyholders' proportion (as determined under step 3) as a percentage of the whole. this is the "policyholder percentage" for the fund. step 5 multiply each assignable amount by the policyholder percentage for the fund in question. the result is the "policyholder amount" in the case of each fund. step 6 amount a "represents policyholder income" so far as it does not exceed the total policyholder amounts found under step 5. 4 for the purposes of subsection (3) "the distribution policy for the fund" means the basis on which the company has decided profits of the fund are to be divided between policyholders and shareholders. 5 the distribution policy for a with-profits fund is to be determined as at the time when the interest arises, and with particular reference to - a any relevant information in the company's articles of association, and b any relevant information or document published by the company in connection with obligations under the fca handbook. 6 in this section - "the fca handbook" means the handbook made by the financial conduct authority under the financial services and markets act 2000, and "interest" has the same meaning as in section 357yc. . 9 in section 357yv (relationship of part with other corporation tax provisions), after "provision" insert "(including part 2 of fa 2012: but see also section 357yda)". transfer of rights 10 in section 357ym (assignment of rights to person not chargeable to corporation tax) - a in subsection (1), for paragraph (a) substitute - a a chargeable company ("the transferor") transfers to a person who either - i is not a company, or ii is a non-qualifying company, a right in respect of a claim, or possible claim, for restitution, , b in subsection (3), for "is not within the charge to corporation tax under this part" substitute either - a is not a company, or b is a non-qualifying company. , and c for subsection (5) substitute - 5 for the purposes of this section a company is a "chargeable company" if it meets the first and second conditions. the first condition is that the company is uk resident or carries on a trade in the united kingdom through a permanent establishment in the united kingdom. the second condition is that the company is not a charitable company and would not be exempt from corporation tax on restitution interest (were such interest to arise to it). 5a for the purposes of this section a company is a "non-qualifying company" if - a it is non-uk resident, or b it is a charitable company, or would be exempt from corporation tax on restitution interest (were such interest to arise to it). . 11 after section 357yn (migration of company with claim to restitution interest) insert - transfer of rights: restitution interest arising after a winding up or dissolution 357yna 1 subsection (2) applies if an amount of restitution interest which is paid or payable to a person would be treated under section 357ym(4) as arising to a company ("the transferor") but for the fact that the company no longer exists at the time when the restitution interest arises. 2 if an officer of revenue and customs gives a related company a notice under this subsection in respect of the restitution interest, the restitution interest is treated for corporation tax purposes as restitution interest arising to that company. 3 subsection (4) applies if an amount of restitution interest which is paid or payable to a person would apart from this section be treated by virtue of section 357ym(4) as arising to a company which has been wound up ("the transferor"). 4 if an officer of revenue and customs gives a related company a notice under this subsection in respect of the restitution interest, the restitution interest is treated for corporation tax purposes as restitution interest arising not to the transferor but to that company. 5 a notice under subsection (2) or (4) must specify - a the amount of the restitution interest, and b the date on which it is paid or payable. 6 a notice under subsection (2) or (4) in respect of an amount of restitution interest must be given by the later of - a the date on which the amount is paid or payable, or b the time when any notice under section 357yq(2) in respect of the amount is given to the related company. meaning of "related company" 357ynb 1 a company is a "related company" for the purposes of section 357yna(2) if at any time in the relevant period (see subsection (5)) that company was a member of the same group as the transferor (see section 357yna(1)). 2 a company is a "related company" for the purposes of section 357yna(4) if at any time in the relevant period (see subsection (6)) that company was a member of the same group as the transferor (see section 357yna(3)). 3 for the purposes of this section two companies are members of the same group if - a one is a 51% subsidiary of the other, or b both are 51% subsidiaries of a third company. 4 in subsection (1) "the relevant period" means the period which - a begins - i if the transferor was not wound up before it was dissolved, at the beginning of the 12 months ending with the date on which the company is dissolved, ii if the transferor was wound up before it was dissolved, at the beginning of the 12 months before the commencement of the winding up, and b ends when the amount mentioned in section 357yna(1) is paid or becomes payable (whichever is later). 5 in subsection (2) the "relevant period" means the period which - a begins at the beginning of the 12 months before the commencement of the winding up of the transferor, and b ends when the amount mentioned in section 357yna(3) is paid or becomes payable (whichever is later). . calculation of tax payable 12 in section 357yp (treatment of amounts deducted under section 357yo), in subsection (1) - a the text from "is treated" to the end becomes paragraph (a) of that subsection, and b after paragraph (a) insert - , and b is accordingly to be treated for corporation tax purposes as going towards the discharging of the company's liability to pay, for the accounting period concerned, tax charged under this part (as calculated under paragraph 2 of the fifth step of paragraph 8(1) of schedule 18 to fa 1998). . part 3 minor amendments 13 in section 357yc (meaning of "restitution interest"), in subsection (2), in the words before paragraph (a), after "commissioners" insert "for her majesty's revenue and customs". 14 in section 357yh (countering effect of avoidance arrangements) - a in subsection (1), omit "restitution-related", and b in subsection (3), for ""restitution-related tax advantage"" substitute ""tax advantage"". 15 in section 357yj (examples of results that may indicate exclusion not available) - a the existing text becomes subsection (1), b in subsection (1), in the words before paragraph (a), omit "restitution-related", and c after subsection (1) insert - 2 in this section "arrangements" and "tax advantage" have the meaning given by section 357yi. . 16 in section 357yp (treatment of amounts deducted under section 357yo), in subsection (2)(a), after "commissioners" insert "for her majesty's revenue and customs". 17 in section 357yr (interest on excessive amounts withheld), in subsection (1) after "commissioners" insert "for her majesty's revenue and customs". 18 in section 357ys (appeal against deduction), in subsection (2), in the words before paragraph (a), after "given" insert "to her majesty's revenue and customs". david evennett robert syms two of the lords commissioners of her majesty's treasury at 11.00 a.m. on 13th march 2017

citation, commencement, application and interpretation 1 1 this order may be cited as the weymouth port health authority order 2017 and comes into force on the day after the day on which it is made. 2 this order applies to england. 3 in this order - "the joint board" means the joint board established under article 3; "the port of weymouth" means the port of that name as appointed for the purposes of customs and excise under section 19(1) of the customs and excise management act 1979 (appointments of ports etc. ); and "the relevant riparian authorities" means weymouth and portland borough council, purbeck district council and west dorset district council . 4 references in this order to reference points are to be construed as references to national grid reference points. the port health district 2 1 for the purposes of section 2 of the public health (control of disease) act 1984 (port health districts and authorities), the area described in paragraph (2) is to constitute a port health district. 2 the area described in this paragraph consists of the port of weymouth together with such land and water as is specified in sub-paragraphs (a) to (f) - a on the landward side, the boundary is the mean high water line of the english channel; b on the eastern side, the boundary is a line extending due south from st alban's head ( os reference point sy 96207519) to the seaward limit of the territorial waters; c on the western side, the boundary is a line extending due south from the point at which the parish boundaries of abbotsbury and puncknowle meet the sea (os reference point sy53988580) to the seaward limit of the territorial waters; d on the seaward side, the boundary is the limit of the territorial waters; 3 the area described in paragraph (2) includes - a any wharf, dock, jetty or similar structure on the seaward side of the port of weymouth to the limit of the territorial waters; and b any structures and buildings on areas within the gates of any wharf, dock, jetty or similar structure within the districts of the relevant riparian authorities. the port health authority 3 1 the port health authority for the port health district constituted under article 2 is a joint board consisting of 15 members. 2 the members of the joint board must be appointed by the relevant riparian authorities from the members of their respective councils as follows - a eleven members from weymouth and portland borough council; b two members from purbeck district council; and c two members from west dorset district council. 3 the joint board constituted under paragraph (1) is to be a body corporate called the weymouth port health authority. appointment of members to and meetings of the joint board 4 1 the relevant riparian authorities must appoint members to the joint board at meetings to be held in june of each year. 2 the joint board must meet at least four times in each year. 3 if a person appointed to the joint board is unable to attend any meeting of the joint board, another member of the council of the relevant riparian authority of which that person is a member may attend that meeting instead. 4 any vacancy occurring amongst members of the joint board must be filled by the relevant riparian authority in relation to whose representation the vacancy occurred at a meeting to be held as soon as possible after each such occurrence. 5 at least 3 days before a meeting of a relevant riparian authority at which it is proposed to appoint a member of the joint board, the proper officer of that authority must give notice of the meeting, and of the proposed appointment, to every member of that authority. 6 the proper officer of a relevant riparian authority must immediately give notice in writing to the proper officer of the joint board of the name, address and occupation of any person appointed by that officer's authority to be a member of the joint board. 7 a person appointed to the joint board ceases to be a member of the board if that person ceases to be a member of the council of the relevant riparian authority by which the person was appointed. retirement of members 5 1 all members of the joint board must retire from office and the newly appointed members come into office on 1 july each year. 2 if, but for paragraph (1), a retiring member of a joint board is qualified to be appointed to the board, that member may be re-appointed for a further term of office. chair of the joint board 6 1 the members of the joint board must elect the chair of the joint board annually from amongst the members. 2 the election of the chair must be the first business transaction at the annual meeting of the joint board which takes place on the first friday in june of each year. 3 if, in the election of the chair, there is an equality of votes, the person presiding at the annual meeting has a casting vote in addition to any other vote which that person may have. 4 unless the chair resigns or becomes disqualified to act as chair, the chair is to continue in office until a successor is elected as chair. 5 during a person's term of office as chair, that person is to continue to be a member of the joint board. jurisdiction 7 the joint board as port health authority has jurisdiction over all waters and land within the port health district. application of provisions of local government act 1972 to the joint board 8 1 for the purposes of section 241 of the local government act 1972 (power to apply provisions of act to joint boards etc.), the provisions of that act which are listed in schedule 1 are to apply to the joint board as port health authority. 2 in the application of those provisions by paragraph (1), a reference in that act - a to local authorities or to any council, is to be read as a reference to the joint board; b to an office held under that act or otherwise, is to be read as a reference to the office of member of the joint board; and c to functions, is to be read as functions conferred on the joint board as port health authority under this order. functions assigned to the joint board 9 1 the functions, rights and liabilities of a local authority or a food authority under the enactments specified in schedule 2 are assigned to the joint board as port health authority in so far as they are applicable to a port health authority and to any land, waters, premises, vessels or persons within its jurisdiction. 2 subject to paragraph (3), the enactments specified in schedule 2 in respect of the functions, rights and liabilities that are assigned to the joint board under paragraph (1), are to have effect as if - a any vessel lying within the jurisdiction of the joint board is a house, building or premises; and b the master or other officer or person in charge of the vessel is the occupier. 3 this article does not apply to - a any vessel belonging to her majesty; or b any vessel engaged in the service of her majesty, whether belonging to her majesty or not; or c any vessel belonging to the armed forces of any country to which the provisions of the visiting forces act 1952 apply by virtue of section 1 (countries to which act applies) of that act. expenses 10 1 the relevant riparian authorities must contribute towards the expenses incurred by the joint board by virtue of the authority conferred upon it by this order in accordance with this article. 2 in this article "the sum" means the sum which is obtained by adding together the following - a the number of band d equivalent properties in the area of weymouth and portland borough council; b half the number of band d equivalent properties in the maritime parishes in the area of west dorset district council, namely abbotsbury, chickerell, fleet, langton herring, osmington and owermoigne; and c half the number of band d equivalent properties in the maritime parishes in the area of purbeck district council, namely chaldon herring, corfe castle, east lulworth, kimmeridge, steeple, tyneham, west lulworth and worth matravers. 3 weymouth and portland borough council must contribute towards the expenses in the proportion which the number referred to in paragraph (2)(a) bears to the sum. 4 west dorset district council must contribute towards the expenses in the proportion that the number referred to in paragraph (2)(b) bears to the sum. 5 purbeck district council must contribute towards the expenses in the proportion that the number referred to in paragraph (2)(c) bears to the sum. 6 for the purposes of this article, the number of band d equivalent properties is to be ascertained from the valuation lists, within the meaning of section 22(1) of the local government finance act 1992 , which are for the time being in force. accounts and audit 11 all accounts of the joint board must be prepared and audited in accordance with the provisions of the local audit and accountability act 2014 . revocation 12 the weymouth port health authority order 1980 is revoked. signed on behalf of the secretary of state for health. ailsa wright member of the senior civil service, department of health 30th march 2017

citation and commencement 1 these regulations may be cited as the wireless telegraphy (mobile communication services on ships) (exemption) regulations 2017 and come into force on 2nd august 2017. revocation 2 the wireless telegraphy (mobile communication services on board ships) (exemption) regulations 2011 are hereby revoked. interpretation 3 in these regulations - " apparatus " means wireless telegraphy apparatus; " baseline " means the baseline for measuring the breadth of the territorial waters under the united nations convention on the law of the sea ; " dbi " means decibels of power referenced to the gain of an isotrope antenna; " dbm " means decibels of power referenced to one milliwatt; " etsi " means the european telecommunications standards institute; " gsm system " means an electronic communications network that complies with the gsm standards en 301 502 and en 301 511 published by etsi; " khz " means kilohertz; " lte system " means an electronic communications network that complies with the lte standards en 301 908-1 , en 301 908-13 and en 301 908-14 published by etsi; " mhz " means megahertz; "mobile communication services on board ships" mean electronic communications services provided by an undertaking to enable persons on board a ship to communicate via public electronic communications networks using a gsm system, lte system or umts system without establishing direct connections with electronic communications networks based on land; "public electronic communications network" has the meaning given to it by section 151(1) of the communications act 2003 ; "quality criteria" mean the values broadcast by a ship base transceiver station specifying the minimum required received signal level in the cell (as expressed in dbm) required for access by the apparatus to that cell; "selection timer" means the values set by a ship base transceiver station relating to the frequency of which the apparatus seeks to establish direct connections with a public electronic communications network based on land (also known as the public land mobile network selection timer); "ship base transceiver station" means a mobile picocell located on a ship supporting mobile communication services on board ships; "signal" has the meaning given to it by section 32(10) of the communications act 2003; "the 900 mhz band " means the 880-915 mhz frequency band (for the uplink from the apparatus to the ship base transceiver station) and the 925-960 mhz frequency band (for the downlink from the ship base transceiver station to the apparatus); "the 1800 mhz band " means the 1710-1785 mhz frequency band (for the uplink from the apparatus to the ship base transceiver station) and the 1805-1880 mhz frequency band (for the downlink from the ship base transceiver station to the apparatus); "the 1900/2100 mhz band " means the 1920-1980 mhz frequency band (for the uplink from the apparatus to the ship base transceiver station) and the 2110-2170 mhz frequency band (for the downlink from the ship base transceiver station to the apparatus); "the 2600 mhz band " means the 2500-2570 mhz frequency band (for the uplink from the apparatus to the ship base transceiver station) and the 2620-2690 mhz frequency band (for the downlink from the ship base transceiver station to the apparatus); "timing advance parameter" means the values set by a ship base transceiver station relating to the parameter needed to calculate the delay in the conveyance of signals transmitted from the ship base transceiver station to the apparatus; "umts system" means an electronic communications network that complies with the umts standards en 301 908-1, en 301 908-2 and en 301 908-3 published by etsi; and "user inactivity release timer" means the values set by a ship base transceiver station relating to the duration in which it will determine the apparatus as being inactive when no signals are transmitted between the ship base transceiver station and the apparatus (also known as the radio resource control user inactivity release timer). exemption 4 the use of any apparatus on board a ship which is - a registered in the british islands; and b within the limits of the british islands and the territorial waters adjacent thereto, or, for the time being, beyond the british islands and the territorial waters adjacent thereto, is hereby exempt from the provisions of section 8(1) of the wireless telegraphy act 2006 where the terms, provisions and limitations in regulation 5 are met. terms, provisions and limitations 5 1 the apparatus must only operate - a where it forms part of a gsm system, in the 900 mhz band or the 1800 mhz band; b where it forms part of a lte system, in the 1800 mhz band or the 2600 mhz band; and c where it forms part of an umts system, in the 1900/2100 mhz band. 2 the apparatus must only be used - a for mobile communication services on board ships; b where it forms part of a gsm system or an umts system, when the ship is two nautical miles or more from the baseline; and c where it forms part of a lte system, when the ship is four nautical miles or more from the baseline. 3 when controlled by a ship base transceiver station, the apparatus must operate with a maximum radiated output power which is no greater than - a where it forms part of a gsm system - i 5 dbm in the 900 mhz band; and ii 0 dbm in the 1800 mhz band; b where it forms part of a lte system, 0 dbm in the 1800 mhz band and in the 2600 mhz band; and c where it forms part of an umts system, 0 dbm for each 5 mhz in the 1900/2100 mhz band. 4 the apparatus must connect directly to a ship base transceiver station that complies with the requirements set out in paragraphs (5) to (7). 5 where the apparatus forms part of a gsm system, the requirements referred to in paragraph (4) are - a the ship base transceiver station must only use indoor antennas when the ship is between two and twelve nautical miles from the baseline; b the ship base transceiver station must operate such that there is a maximum power density in external areas of the ship of -80 dbm for each 200 khz with reference to a 0 dbi measurement antenna gain; c the ship base transceiver station must mitigate interference using the following techniques or other techniques which provide at least an equivalent mitigation of interference - i the receiver sensitivity and disconnection threshold (as described in the gsm standards ts 144 018 and ts 148 008 published by etsi) of the apparatus is - aa when the ship is between two and three nautical miles from the baseline, equal to or higher than -70 dbm for each 200 khz; and bb when the ship is between three and twelve nautical miles from the baseline, equal to or higher than -75 dbm for each 200 khz; ii discontinuous transmission (as described in the gsm standard ts 148 008 published by etsi) is activated in the uplink from the apparatus to the ship base transceiver station; and iii the timing advance (as described in the gsm standard ts 144 018 published by etsi) is set to the minimum. 6 where the apparatus forms part of a lte system, the requirements referred to in paragraph (4) are - a the ship base transceiver station must only use indoor antennas when the ship is between four and twelve nautical miles from the baseline; b the ship base transceiver station must only use bandwidth which is no greater than 5 mhz (duplex) for each of the 1800 mhz band or the 2600 mhz band; c the ship base transceiver station must operate such that - i its emissions on board the ship's deck must be equal to or less than -98 dbm for each 5 mhz; ii when the ship is between four and twelve nautical miles from the baseline, the quality criteria are equal to or higher than -83 dbm for each 5 mhz; iii the selection timer is set to 10 minutes; iv the timing advance parameter is set according to a cell range for the distributed antenna system that is equal to 400 metres; v the user inactivity release timer is set to 2 seconds; and vi its carrier centre frequency must not be aligned with electronic communications networks based on land. 7 where the apparatus forms part of a umts system, the requirements referred to in paragraph (4) are - a the ship base transceiver station must only use indoor antennas when the ship is between two and twelve nautical miles from the baseline; b the ship base transceiver station must only use bandwidth which is no greater than 5 mhz (duplex); c the ship base transceiver station must operate such that - i its emissions on board the ship's deck must be equal to or less than -102 dbm for each 5 mhz; ii when the ship is between two and twelve nautical miles from the baseline, the quality criteria are equal to or higher than -87 dbm for each 5 mhz; iii the selection timer is set to 10 minutes; iv the timing advance parameter is set according to a cell range for the distributed antenna system that is equal to 600 metres; v the user inactivity release timer is set to 2 seconds; and vi its carrier centre frequency must not be aligned with electronic communications networks based on land. 8 the apparatus must not cause or contribute to undue interference to any wireless telegraphy. philip marnick group director, spectrum group for and by the authority of the office of communications 12th july 2017

citation and commencement 1 1 this order may be cited as the state pension debits and credits (revaluation) (no. 2) order 2017. 2 this order comes into force on - a the day which is 21 days after the date on which this order is laid for the purpose of making an award on a claim for a state pension under regulation 15(1) of the social security (claims and payments) regulations 1987 (advance notice of retirement and claim for and award of pension) to a person who reaches pensionable age on or after 10th april 2018; and b 9th april 2018 for all other purposes. 3 in this article "a state pension" means a state pension under part 1 of the pensions act 2014 . 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 in the corresponding entry in the second column. signed by authority of the secretary of state for work and pensions guy opperman parliamentary under-secretary of state department for work and pensions 27th november 2017 at 10.40 a.m

citation and interpretation 1 1 these regulations may be cited as the policing and crime act 2017 (commencement no. 4 and saving provisions) regulations 2017. 2 in these regulations "the act" means the policing and crime act 2017. provisions coming into force on 13th november 2017 2 the day appointed for the coming into force of section 162 of the act (requirement to give information in criminal proceedings) is 13th november 2017. provisions coming into force on 11th december 2017 3 the day appointed for the coming into force of the following provisions of the act is 11th december 2017 - a section 80 (extension of powers under sections 135 and 136 of the mental health act 1983), in so far as not already in force ; b section 81 (restrictions on places that may be used as places of safety), in so far as not already in force; c section 82 (periods of detention in places of safety etc ); and d section 83 (protective searches: individuals removed etc under section 135 or 136 of the mental health act 1983). saving provisions in relation to powers under the mental health act 1983 4 1 despite the coming into force of sections 80 to 83 of the act in accordance with regulation 3, the amendments made by those sections do not apply in relation to a person where - a the warrant authorising the removal of that person under section 135 of the mental health act 1983 was issued before 11th december 2017; or b the removal of that person to a place of safety under section 136 of the mental health act 1983 started before 11th december 2017. sarah newton parliamentary under secretary of state home office 24th october 2017

citation and commencement 1 1 this order may be cited as the vale of white horse (electoral changes) order 2017. 2 except for article 3, 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 it is made; b for all other purposes, on the ordinary day of election of councillors in 2019. 3 article 3 comes into force - a for the purpose of proceedings preliminary or relating to the election of councillors, on the day after the day it is made; b for all other purposes, on the ordinary day of election of councillors in 2017. interpretation 2 in this order - "the 2015 order " means the vale of white horse district council (reorganisation of community governance) order 2015 ; "county electoral division" means an electoral division established by article 4 of the oxfordshire (electoral changes) order 2012 ; "district ward" means a district ward established by article 3 of the vale of white horse (electoral changes) order 2014 ; "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 fyfield and tubney and becomes part of the parish of marcham in consequence of the 2015 order ceases to be part of kingston & cumnor county electoral division and becomes part of sutton courtenay & marcham county electoral division. 2 each area that ceases to be part of the parish of besselsleigh and becomes part of the parish of st helen without in consequence of the 2015 order ceases to be part of kingston & cumnor county electoral division and becomes part of sutton courtenay & marcham county electoral division. 3 each area that ceases to be part of the parish of harwell and becomes part of the parish of sutton courtenay in consequence of the 2015 order ceases to be part of hendreds & harwell county electoral division and becomes part of sutton courtenay & marcham county electoral division. related alterations of district ward boundaries 4 1 each area that ceases to be part of the parish of fyfield and tubney and becomes part of the parish of marcham in consequence of the 2015 order ceases to be part of thames district ward and becomes part of marcham district ward. 2 each area that ceases to be part of the parish of besselsleigh and becomes part of the parish of cumnor in consequence of the 2015 order ceases to be part of thames district ward and becomes part of cumnor district ward. 3 each area that ceases to be part of the parish of cumnor and becomes part of the parish of besselsleigh in consequence of the 2015 order ceases to be part of cumnor district ward and becomes part of thames district ward. 4 each area that ceases to be part of the parish of besselsleigh and becomes part of the parish of st helen without in consequence of the 2015 order ceases to be part of thames district ward and becomes part of wootton district ward. 5 each area that ceases to be part of the parish of marcham and becomes part of the parish of st helen without in consequence of the 2015 order ceases to be part of marcham district ward and becomes part of wootton district ward. 6 each area that ceases to be part of the parish of sutton courtenay and becomes part of the parish of milton in consequence of the 2015 order ceases to be part of sutton courtenay district ward and becomes part of drayton district ward. 7 each area that ceases to be part of the parish of milton and becomes part of the parish of sutton courtenay in consequence of the 2015 order ceases to be part of drayton district ward and becomes part of sutton courtenay district ward. 8 each area that ceases to be part of the parish of harwell and becomes part of the parish of sutton courtenay in consequence of the 2015 order ceases to be part of blewberry & harwell district ward and becomes part of sutton courtenay district ward. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 8th february 2017

citation and interpretation 1 1 these regulations may be cited as the childcare payments act 2014 (commencement no. 3 and transitional provisions) regulations 2017. 2 in these regulations - "the act" means the childcare payments act 2014; "disabled child" is to be read in accordance with regulations made under section 14 of the act (qualifying child) ; "the relevant day" means the day specified by the treasury for the purposes of sections 270aa and 318aza of itepa 2003 ; "the trial" has the meaning given by regulation 1(2) of the childcare payments act 2014 (commencement no. 2) regulations 2016 . commencement 2 1 the day appointed for the coming into force of the provisions of the act set out in regulation 2(2) in respect of - a a child born on or after 1st september 2013 and any sibling; and b a disabled child and any sibling; is 21st april 2017. 2 a section 1; b sections 3 and 4; c sections 6 to 15; d sections 17 to 25; e section 62; and f section 73(2) to (4). 3 in this regulation "sibling" means any child normally living in the same household as a child referred to in paragraph 1 at the time the declaration of eligibility is made. 3 the day appointed for the coming into force of the following provisions of the act, as far as they are not already in force, is 21st april 2017 - a section 2; b section 5; c section 16; d sections 30 to 42; e sections 44 to 61; f sections 63 and 64; and g sections 66 and 67. 4 the day appointed for the coming into force of all remaining provisions of the act, as far as they are not already in force, in respect of those recruited to participate in the trial, is 16th may 2017. transitional provisions relating to the trial 5 1 where a person recruited to participate in the trial makes their first reconfirming declaration on or after 16th may 2017, that declaration is to be treated, for the purposes of sections 12 and 39 of the act, as if it were a declaration of eligibility for the purposes of opening a childcare account. 2 in this regulation "reconfirming declaration" has the meaning given by regulation 6(3) of the childcare payments regulations 2015 . transitional provisions relating to section 12 of the act and section 270aa of itepa 2003 6 1 where the period of 52 tax weeks ending on or before the date a person makes a declaration of eligibility, does not include at least one qualifying week, that person is to be treated for the purposes of section 12(1)(a), (2)(a) and (3)(a) of the act as not being an eligible employee in relation to a relevant childcare scheme. 2 paragraph (1) has effect until the end of the day before the relevant day. 3 in this regulation "qualifying week" and "tax week" have the meanings given by section 270aa(5) of itepa 2003. transitional provisions relating to section 12 of the act and section 318aza of itepa 2003 7 1 where the period of 52 tax weeks ending on or before the date a person makes a declaration of eligibility, does not include at least one qualifying week, that person is to be treated for the purposes of section 12(1)(a), (2)(b) and (3)(b) of the act as not being an eligible employee in relation to a relevant childcare scheme. 2 paragraph (1) has effect until the end of the day before the relevant day. 3 in this regulation "qualifying week" and "tax week" have the meanings given by section 318aza(5) of itepa 2003. transitional provisions relating to sections 63 and 64 of the act 8 at any time before the relevant day, sections 270aa and 318aza of itepa 2003 have effect as if conditions a and b in both those sections, and any reference to them, were omitted. stephen barclay andrew griffiths two of the lords commissioners of her majesty's treasury 20th april 2017

citation and commencement 1 1 this order may be cited as the cotswold (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 cotswold district council (reorganisation of community governance) order 2014 ; "ordinary day of election of councillors" has the meaning given by section 37 of the representation of the people act 1983 ; "county electoral division" means an electoral division established by article 4 of the gloucestershire (electoral changes) order 2012 . related alterations of county electoral division boundaries 3 1 each area that ceases to be part of the parish of siddington and becomes part of the parish of cirencester in consequence of the 2014 order ceases to be part of south cerney county electoral division and becomes part of cirencester park county electoral division. 2 the area described in the 2014 order as area h which ceases to be part of the parish of preston and becomes part of the parish of cirencester in consequence of that order ceases to be part of south cerney county electoral division and becomes part of cirencester beeches 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 26th january 2017

citation, commencement and interpretation 1 this order may be cited as the immigration (jersey) (amendment) order 2017 and comes into force on the seventh day after the day on which it is registered by the royal court of jersey. amendment of the immigration (jersey) order 1993 2 the immigration (jersey) order 1993 is amended in accordance with part 1 of the schedule to this order. amendment of the immigration and asylum act 1999 (jersey) order 2003 3 the immigration and asylum act 1999 (jersey) order 2003 is amended in accordance with part 2 of the schedule to this order. amendment of the immigration (jersey) order 2012 4 the immigration (jersey) order 2012 is amended in accordance with part 3 of the schedule to this order. amendment of the immigration (jersey) order 2015 5 the immigration (jersey) order 2015 is amended in accordance with part 4 of the schedule to this order. saving 6 1 orders made and directions given by the lieutenant-governor under the immigration acts and having effect on the day on which this order comes into force shall have effect as if they had been made or given by the minister under the immigration acts as amended by this order, and shall remain in force until revoked or replaced by orders made or directions given, as the case may be, by the minister under the said acts as so amended. 2 in this article - "the immigration acts" means the immigration act 1971, the immigration act 1988, the immigration and asylum act 1999, the immigration, asylum and nationality act 2006 and the immigration act 2014 as each of those acts has effect in the bailiwick of jersey; "the minister" means the minister for home affairs (of jersey). richard tilbrook clerk of the privy council

citation and commencement 1 these regulations may be cited as the tax credits (claims and notifications) (amendment) regulations 2017 and come into force on 17th may 2017. amendment of regulation 7a of the tax credits (claims and notifications) regulations 2002 2 1 regulation 7a (time limit for claims - the childcare payments act 2014) of the tax credits (claims and notifications) regulations 2002 is amended as follows. 2 in paragraphs (1) and (2), for "paragraphs (3) and (4)" substitute "paragraphs (2a) to (4)". 3 after paragraph (2) insert - 2a where- a a claim for a tax credit is received by a relevant authority at an appropriate office and the person making the claim, or in the case of joint claimants either person, has made a valid declaration of eligibility under section 4(2) of the childcare payments act 2014, b no payments under section 20(1)(a) of the childcare payments act 2014 have been made out of any childcare account held by the person making the claim, or in the case of joint claimants either person, and c all the childcare accounts held by the person making the claim for tax credits, or in the case of joint claimants both persons, have been closed, regulation 7 shall apply . . jim harra edward troup two of the commissioners for her majesty's revenue and customs 25th april 2017

citation and commencement 1 this order may be cited as the dentists act 1984 (medical authorities) order 2017 and comes into force on 17th november 2017. designation of university of buckingham 2 the university of buckingham is designated for the purposes of article 7(4)(b) of the health care and associated professions (miscellaneous amendments and practitioner psychologists) order 2009 and accordingly is a "medical authority" for the purposes of section 3 of the dentists act 1984 (power of medical authorities to hold examinations and grant licences in dentistry). richard tilbrook clerk of the privy council

citation and commencement 1 these regulations may be cited as the employment and support allowance (miscellaneous amendments and transitional and savings provision) regulations 2017 and come into force on 23rd june 2017. amendments to the social fund (cold weather payments) (general) regulations 1988 2 in paragraph (2) of regulation 1 (interpretation) of the social fund (cold weather payments) (general) regulations 1988 - a for the definition of "member of the support group" substitute - "member of the support group" means a person who has or is treated as having limited capability for work-related activity under part 6 of the employment and support allowance regulations 2008; ; b for the definition of "member of the work-related activity group" substitute - "member of the work-related activity group" means a person who has or is treated as having limited capability for work under part 5 of the employment and support allowance regulations 2008 other than by virtue of regulation 30 of the employment and support allowance regulations 2008; . amendment to the jobseeker's allowance regulations 1996 3 in paragraph 1(3)(e)(i) of schedule 2 (housing costs) to the jobseeker's allowance regulations 1996 , after "(component)" insert "or who is a member of the work-related activity group". amendment to the state pension credit regulations 2002 4 in paragraph 1(2)(a)(iii)(dd) of schedule 2 (housing costs) to the state pension credit regulations 2002 , for "welfare reform act "(component)" substitute "welfare reform act (component)". amendments to the housing benefit regulations 2006 5 1 the housing benefit regulations 2006 are amended as follows. 2 in paragraph (1) of regulation 2 (interpretation) - a in the definition for "main phase employment and support allowance" after "welfare reform act" insert "or the claimant is a member of the work-related activity group, "; b in the definition for "member of the work-related activity group" for "claimant" substitute "person". 3 in paragraph (8)(c)(ii) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) - a omit "23 or"; b after "of that schedule" insert "or the claimant or the claimant's partner is a member of the work-related activity group". 4 in paragraph (8)(a) of regulation 74 (non-dependant deductions) for "or where the non-dependant is not a member of the work-related activity group" substitute "and where the non-dependant is not a member of the work-related activity group". 5 in paragraph 1a(a) of schedule 3 (applicable amounts) after "personally" insert "or the claimant is personally a member of the work-related activity group". 6 in paragraph 17(2)(b)(iv)(bb) of schedule 4 (sums to be disregarded in the calculation of earnings) omit "and is engaged in remunerative work for on average not less than 16 hours per week". amendments to 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 in paragraph (1) of regulation 2 (interpretation) - a in the definition for "main phase employment and support allowance" after "welfare reform act" insert "or the claimant is a member of the work-related activity group"; b in the definition for "member of the work-related activity group" for "claimant" substitute "person". 3 in paragraph (8) of regulation 55 (non-dependant deductions) for "or where the non-dependant is not a member of the work-related activity group" substitute "and where the non-dependant is not a member of the work-related activity group". amendments to the employment and support allowance regulations 2008 7 1 the employment and support allowance regulations 2008 are amended as follows. 2 in paragraph (1) of regulation 2 (interpretation) - a in the definition for "main phase employment and support allowance" after "act" insert "or where the claimant is a member of the work-related activity group"; b in the appropriate place insert - "member of the work-related activity group" means a claimant who has or is treated as having limited capability for work under part 5 of these regulations other than by virtue of regulation 30 of these regulations; . 3 in paragraph (1b) of regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component arises does not apply) - a in sub-paragraph (a)(i) after "2(2) or 4(4) of the act" insert "or the claimant was a member of the work-related activity group"; b in sub-paragraph (d)(i) after "2(2) or 4(4) of the act" insert "or the claimant was a member of the work-related activity group". 4 in column (1) of paragraph 1 of part 1 of schedule 4 (amounts) - a in sub-paragraph (1)(a) after "2(2) or 4(4) of the act" insert "or who is a member of the work-related activity group"; b in sub-paragraph (2)(a) after "4(4) of the act" insert "or who is a member of the work-related activity group and satisfies the conditions set out in part 2 of schedule 1 to the act"; c in sub-paragraph (3)(c), (f) and (g) after "4(4) of the act" insert "or the claimant is a member of the work-related activity group and satisfies the conditions set out in part 2 of schedule 1 to the act". amendment to the employment and support allowance regulations 2013 8 in paragraph (1)(a) and (b) of regulation 62 (prescribed amounts) of the employment and support allowance regulations 2013 , after "the act" insert "or the claimant is a member of the work-related activity group and satisfies the conditions set out in part 1 to schedule 1 to the act". amendments to the employment and support allowance and universal credit (miscellaneous amendments and transitional and savings provisions) regulations 2017 9 in schedule 2 (transitional and savings provisions) to the employment and support allowance and universal credit (miscellaneous amendments and transitional and savings provisions) regulations 2017 - a in paragraph 1(2) in the definition for "a claim" - i for ""a claim"" substitute ""claim""; ii omit "making"; iii before "in accordance" insert "made"; b in paragraph 4 (claimants on incapacity benefits who have or will become notified persons) after "where the claimant" insert "has been, ". transitional and savings provision 10 the amendments made by regulations 2 to 8 of these regulations do not apply where any of the circumstances in paragraph 2 to 7 of schedule 2 (transitional and savings provisions) to the employment and support allowance and universal credit (miscellaneous amendments and transitional and savings provisions) regulations 2017, as amended by regulation 9 of these regulations apply. signed by authority of the secretary of state for work and pensions penny mordaunt minister of state department for work and pensions 23rd april 2017

citation and commencement 1 these regulations may be cited as the adoption and children act register (search and inspection) regulations 2017 and come into force on 2nd november 2017. interpretation 2 in these regulations - "the act" means the adoption and children act 2002; "c" means a child whose information is held on the register ; "p" means a prospective adopter that an adoption agency is satisfied is suitable to adopt a child; and "part 1 of the register" and "part 2 of the register" have the meaning given in regulation 3 of the adoption and children act register regulations 2014 . arrangements with a registration organisation 3 where the secretary of state has made arrangements with an organisation under section 126(1) of the act which require the registration organisation to make the register available for search and inspection by p, references in regulations 4 and 5 to "the secretary of state" must be read as references to "the registration organisation". search and inspection of the register by prospective adopters 4 1 this regulation applies where - a p has provided written confirmation to the secretary of state that p undertakes to comply with the requirements set out in regulation 5; and b the secretary of state is satisfied that p - i has not on any occasion failed to comply with any of the requirements set out in regulation 5; and ii had not on any occasion failed to comply with any of the requirements that were set out in regulation 5 of the adoption and children act register (search and inspection) (pilot) regulations 2014 . 2 the secretary of state must make available the information specified in paragraph (5) held in part 1 of the register for search and inspection by p for the purpose of assisting p to find a child for whom p would be an appropriate adopter. 3 the secretary of state must make available the information specified in paragraph (5) held in part 2 of the register for search and inspection by p for the purpose of assisting p to find a child for whom p would be an appropriate adopter where - a p has obtained written confirmation from the appropriate adoption agency that p is willing to have placed with them a child for whom a local authority in england is considering adoption; and b p has provided that written confirmation to the secretary of state. 4 in paragraph (3)(a) - a "appropriate adoption agency" means the adoption agency that approved p as suitable to adopt a child under regulation 30b of the adoption agencies regulations 2005 ; and b "placed" means placed under section 22c of the children act 1989 with a local authority foster parent who is also an approved prospective adopter following consideration under section 22c(9b)(c) of that act. 5 the specified information is - a c's date of birth; b c's gender; c c's nationality; d c's racial origin; e the local authority area in which c lives; f c's first language and details of any other languages spoken; g c's religious persuasion, if any, (including details of any baptism, confirmation or equivalent ceremonies) and whether c practises their religion; h whether the adoption agency intends to place c for adoption with c's siblings and if so how many and the date of birth of each sibling; i c's state of health including c's physical, emotional and mental health and any anticipated future problems; j details of any adoption support needs that c has been assessed as having under section 4 of the act (including those relating to c's health) and any adoption support services being provided by the local authority or that the local authority has agree to provide; and k where available - i any photographs or video recordings of c; and ii any letters written by c provided that - aa any identifying information about c or c's siblings not specified in paragraphs (a) to (j) above is removed; and bb any identifying information about any other person is removed. 6 in paragraph (5) - a "identifying information" about a person means information which, whether taken on its own or together with other information disclosed by the secretary of state, identifies the person or enables the person to be identified; and b "video recording" means a recording, in any form, from which a moving image may by any means be reproduced and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image. steps to be taken by prospective adopters in respect of information received as a result of searching or inspecting the register 5 1 for the purposes of section 128a(4) of the act, p is required to take the following steps in respect of information received as a result of searching or inspecting the register - a p must take reasonable steps to ensure that there is no unauthorised disclosure of the information received by p as a result of searching or inspecting the register; and b p must inform the secretary of state about the theft, unauthorised disclosure or loss of a document or any other item which contains information received as a result of searching or inspecting the register. 2 in this regulation "unauthorised disclosure" means disclosure other than to an adoption agency and otherwise than for the purposes of assisting p to find a child for whom p would be an appropriate adopter. revocation 6 the adoption and children act register (search and inspection) (pilot) regulations 2014 are revoked. robert goodwill minister of state department of education 11th october 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the national health service (primary dental services and general ophthalmic services) (amendment) regulations 2017. 2 subject to paragraph (3), they come into force on 1st december 2017. 3 regulations 2(3) and 4(3) come into force on 1st may 2019. 4 in these regulations - "the gds regulations" means the national health service (general dental services contracts) regulations 2005 ; "the pds regulations" means the national health service (personal dental services agreements) regulations 2005 ; "the general ophthalmic services regulations" means the general ophthalmic services contracts regulations 2008 ; "the primary ophthalmic services regulations" means the primary ophthalmic services regulations 2008 ; and "the optical charges and payments regulations" means the national health service (optical charges and payments) regulations 2013 . amendment to the gds regulations 2 1 the gds regulations are amended as follows. 2 in regulation 24c(2) (variation of contractual terms in respect of election to enter into a prototype agreement), for "31st march 2018" substitute "31st march 2020". 3 in paragraph 38 of schedule 3 (notification of a course of treatment, orthodontic course of treatment etc ) - a after sub-paragraph (1)(f), for "send to the board, on a form supplied by it" substitute "subject to sub-paragraph (4), send to the board by means of electronic submission"; b for sub-paragraph (2)(d) substitute "in the case of a patient who is exempt from nhs charges, the information required under sub-paragraph (3)."; c after sub-paragraph (2) insert the following - 3 in the case of a patient who is exempt from nhs charges, the contractor must provide the board (or a person authorised on the board's behalf) with - a such details of that exemption as the board may reasonably request; and b the written declaration. 4 the board may accept submission of the information mentioned in sub-paragraph (2) in paper form in such exceptional circumstances as the board may reasonably determine. 5 in this paragraph, 'electronic submission' means the submission of information electronically via a computer system approved by the board. . transitional provision relating to the gds regulations 3 1 notwithstanding the amendments made by regulation 2(3), where a course of treatment is completed on or before 30th april 2019, the board may accept submission of the information required by paragraph 38(2) of schedule 3 to the gds regulations in paper form up to and including 30th june 2019. 2 in this regulation, 'course of treatment' has the same meaning as in regulation 2(1) (interpretation) of the gds regulations. amendment to the pds regulations 4 1 the pds regulations are amended as follows. 2 in regulation 20c(2) (variation of contractual terms in respect of election to enter into a prototype agreement), for "31st march 2018" substitute "31st march 2020". 3 in paragraph 39 of schedule 3 (notification of a course of treatment, orthodontic course of treatment etc) - a after sub-paragraph (1)(f), for "send to the board, on a form supplied by it" substitute "subject to sub-paragraph (5), send to the board by means of electronic submission"; b for sub-paragraph (3)(d) substitute "in the case of a patient who is exempt from nhs charges, the information required under sub-paragraph (4)."; and c after sub-paragraph (3) insert the following - 4 in the case of a patient who is exempt from nhs charges, the contractor must provide the board (or a person authorised on the board's behalf) with - a such details of that exemption as the board may reasonably request; and b the written declaration. 5 the board may accept submission of the information mentioned in sub-paragraph (2) in paper form in such exceptional circumstances as the board may reasonably determine. 6 in this regulation, 'electronic submission' means the submission of information electronically via a computer system approved by the board. . transitional provision relating to the pds regulations 5 1 notwithstanding the amendments made by regulation 4(3), where a course of treatment is completed on or before 30th april 2019, the board may accept submission of the information mentioned in paragraph 39(3) of schedule 3 to the pds regulations in paper form up to and including 30th june 2019. 2 in this regulation, 'course of treatment' has the same meaning as in regulation 2 (interpretation) of the pds regulations. amendment to the general ophthalmic services regulations 6 1 the general ophthalmic services regulations are amended as follows. 2 in regulation 2 (interpretation), for the definition of "charges regulations" substitute ""charges regulations" means the national health service (optical charges and payments) regulations 2013 ;". 3 in regulation 16(6) (fees, charges and financial interests of the contractor), for "may be submitted electronically or on paper and" substitute "which may be submitted in either electronic form or on paper and". 4 after regulation 16(9) insert - 10 in this regulation, "electronic form" means the submission of information electronically via a computer system approved by the board. . amendment to the primary ophthalmic services regulations 7 1 the primary ophthalmic services regulations are amended as follows. 2 in regulation 2(1) (interpretation) - a for the definition of "charges regulations", substitute - "charges regulations" means the national health service (optical charges and payments) regulations 2013; ; b for the definition of "notice of entitlement", substitute - "notice of entitlement to full remission" means a notice of entitlement to full remission of a nhs charge issued under regulation 8 of the national health service (travel expenses and remission of charges) regulations 2003 for the purposes of remission of charges under the act ; . 3 in regulation 3(2)(h) (sight tests-eligibility), after the word "entitlement", insert "to full remission;". 4 in regulation 5(2) (sight test treated as a test under general ophthalmic services), for "regulation 8(1)(a) of the charges regulations" substitute "regulation 8(1) of the charges regulations". 5 after regulation 6(2) (application and signatures by children or persons incapable) insert - 3 a signature required by these regulations must - i where an electronic form is used, be in digital ink; or ii where a paper form is used be in ink, and must be in the signatory's own handwriting with the signatory's initials or forename and surname, and not by means of a stamp or a reproduced image. . amendment to the optical charges and payments regulations 8 1 the optical charges and payments regulations are amended as follows. 2 in regulation 1(2)( interpretation:); - a after the definition of "disability element" insert - "electronic form" means the submission of information electronically via a computer system approved by the board; ; b for the definition of "voucher" substitute - "voucher" for the purposes of enabling a payment to be made under these regulations means - in part 3, a voucher form approved by the secretary of state or the board which is used by a person with whom the board has entered into a general ophthalmic services contract under section 117 of the 2006 act (general ophthalmic services contracts: introductory); in part 4, a voucher form - where a sight test is carried out by an nhs trust or nhs foundation trust, supplied by that nhs trust or nhs foundation trust; and in any other case, approved by the secretary of state or the board and used by the person who carries out the sight test; in part 5, a voucher form - where an optical appliance is repaired or replaced by an nhs trust or nhs foundation trust, supplied by that nhs trust or nhs foundation trust; in any other case, approved by the secretary of state or the board . 3 in regulation 5(2)(b)(i) (payments to ophthalmic practitioners), after "completed voucher" insert "(which may be submitted in either electronic or paper form)". 4 in regulation 14(2)(c)(ii) (payments to suppliers), after "completed voucher" insert "(which may be submitted in either electronic or paper form)". 5 in regulation 19(2)(b)(iii) (payments to suppliers for the replacement or repair), after "completed voucher" insert "(which may be submitted in either electronic or paper form)". 6 regulation 26 (signatures and claims for payments) is renumbered as paragraph (1) of that regulation. 7 after regulation 26(1) as so renumbered, insert - 2 a signature required by these regulations must - i where an electronic form is used, be in digital ink, or ii where a paper form is used be in ink, and must be in the signatory's own handwriting with the signatory's initials or forename and surname and not by means of a stamp or a reproduced image. . signed by authority of the secretary of state for health. stephen brine parliamentary under-secretary of state, department of health 1st november 2017

citation, commencement and extent 1 1 this order may be cited as the criminal justice act 1988 (reviews of sentencing) (amendment no. 2) order 2017 and comes into force on the 29th january 2018. 2 this order extends to england and wales. amendment of the criminal justice act 1988 (reviews of sentencing) order 2006 2 1 schedule 1 to the criminal justice act 1988 (reviews of sentencing) order 2006 (descriptions of cases to which part 4 of the criminal justice act 1988 is to apply) is amended as follows. 2 in paragraph 3a(1) - a after sub-paragraph (b), insert - ba sections 19 (disclosure of information: duty), 21a (failure to disclose: regulated sector) or 21d (tipping off: regulated sector) of the 2000 act; b after sub-paragraph (c), insert - ca section 39 of the 2000 act (disclosure of information); c after sub-paragraph (h), insert - i section 54 of the counter-terrorism act 2008 (offences relating to notification); j section 23 of the terrorism prevention and investigation measures act 2011 (offence of contravening a tpim notice); k section 10 of the counter-terrorism and security act 2015 (offences of contravening a temporary exclusion order or not complying with a restriction after return). . 3 after paragraph 3a(2), insert - 3 any case in which sentence is passed on a person for an offence under one of the following - a section 4 of the aviation security act 1982 (offences in relation to certain dangerous articles); b section 114 of the anti-terrorism, crime and security act 2001 (hoaxes involving noxious substances or things) where the court has determined that the offence has a terrorist connection under section 30 of the counter-terrorism act 2008 (sentences for offences with a terrorist connection: england and wales). . dominic raab minister of state ministry of justice 21st december 2017

citation and commencement 1 these regulations may be cited as the immigration and nationality (fees) (amendment) regulations 2017 and come into force on 2nd october 2017. amendment of the immigration and nationality (fees) regulations 2017 2 the immigration and nationality (fees) regulations 2017 are amended as follows. amendment of regulation 3 3 in regulation 3(a)(i) (setting of fees for the purposes of article 4 of the 2016 order), omit "and variation of such leave". amendment of regulation 4 4 in regulation 4(a)(i) (setting of fees for the purposes of articles 4 and 5 of the 2016 order), after "leave to remain", insert "and variation of such leave". amendment of regulation 15 5 in regulation 15 (rate of exchange), for "the consular rate of exchange" substitute "the home office exchange rate policy ". amendment of schedule 1 6 1 schedule 1 (applications for entry clearance to enter and leave to enter the united kingdom) is amended as follows. 2 in table 1 (fees for applications for entry clearance to enter or leave to enter the united kingdom) - a in the type of application described at 1.1.2, for "where the fee is not specified elsewhere in these regulations", substitute "where the fee at 1.1.8 does not apply"; b in the type of application described at 1.3.11, omit "tier 2 (intra-company transfer) short term staff migrant or a". 3 in table 2 (specified fees for dependants), in the type of application described at 2.1.5, at the end insert "or as the dependant of a tier 2 (intra-company transfer) short term staff migrant". 4 in table 4 (exceptions in respect of fees for applications for entry clearance to enter or leave to enter the united kingdom), omit both the heading (entry 4.4 in that table) to the fee exception at 4.4.1, and the fee exception itself. amendment of schedule 2 7 1 schedule 2 (applications for leave to remain in the united kingdom) is amended as follows. 2 in table 6 (fees for applications for limited leave to remain in the united kingdom and connected applications) in the type of application described at 6.2.11, omit "tier 2 (intra-company transfer) short term staff migrant or a". 3 in table 7 (fees for specified applications for limited leave to remain in the united kingdom as a dependant), in the type of application described at 7.1.3, at the end insert "or as the dependant of a tier 2 (intra-company transfer) short term staff migrant". 4 in table 9 (exceptions in respect of fees for applications for, or in connection with, leave to remain in the united kingdom), in the fee exception described at - a 9.8, omit "the initial period of"; b 9.9, in paragraph (a)(vi) of that exception, omit "d-ilrpt.1.1. and". amendment of schedule 3 8 1 schedule 3 (documents and administration) is amended as follows. 2 in table 13 (exceptions to the requirement to pay fees for applications for biometric immigration documents and the process used to take a record of biometric information) - a in the fee exception described at 13.2, for "had", both times that it appears, substitute "has"; b in the fee exception described at 13.7, in paragraph (a)(vi) of that exception, omit "d-ilrpt.1.1. and"; and c in the fee exception described at 13.8, for "10.7" in the heading and in the fee exception itself, substitute "10.6". amendment of schedule 8 9 in paragraph 1(2) (interpretation) of schedule 8 (nationality) omit "subject to regulation 16 of these regulations,". amendment of schedule 9 10 1 schedule 9 (applications for entry clearance to enter the isle of man) is amended as follows. 2 in table 21 (fees for applications for entry clearance to enter the isle of man), in the type of application described at 21.2.10, omit "tier 2 (intra-company transfer) short term staff migrant or a". 3 in table 22 (specified fees for dependants), in the type of application described at 22.1.4, at the end insert "or as the dependant of a tier 2 (intra-company transfer) short term staff migrant". brandon lewis minister of state home office 4th september 2017 we consent david evennett heather wheeler two of the lords commissioners of her majesty's treasury 5th september 2017

citation and commencement 1 these regulations may be cited as the individual savings account (amendment) regulations 2017 and come into force on 6th april 2017. 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) for the definition of "investment trust", substitute - "investment trust" means an investment trust within the meaning of section 1158 of the corporation tax act 2010 ; . 4 in regulation 2f(2) (special provision in respect of looked after children) after sub-paragraph (a) insert - ab looked after by a local authority within the meaning of section 74 of the social services and well-being (wales) act 2014 ; . 5 in regulation 4za(1) (subscriptions to an account other than a junior isa account) for "15,240" substitute "20,000". 6 in regulation 4zb(1) (subscriptions to a junior isa account) for "4,080" substitute "4,128". 7 in regulation 14(2)(b)(i) (account manager-qualifications and board's approval) for "51" substitute "51za, 51zc, 51ze " . amendment of the individual savings account (amendment no. 2) regulations 2016 8 in regulation 14(d) of the individual savings account (amendment no. 2) regulations 2016 the sub-paragraph inserted into regulation 12(3) of the individual savings account regulations 1998 is to be renumbered "(fa)". robert syms guto bebb two of the lords commissioners of her majesty's treasury 21st february 2017

citation and commencement 1 these regulations may be cited as the taxes (interest rate) (amendment) regulations 2017 and come into force on 6th april 2017. amendment of the taxes (interest rate) regulations 1989 2 in regulation 5 of the taxes (interest rate) regulations 1989 , in paragraph (1) for "on and after 6th april 2015, be 3.00 per cent per annum" substitute "on and after 6th april 2017, be 2.50 per cent per annum". robert syms andrew griffiths two of the lords commissioners of her majesty's treasury 8th march 2017

citation, commencement and effect 1 1 these regulations may be cited as the offshore funds (tax) (amendment) regulations 2017 and come into force on 23rd march 2017. 2 these regulations have effect for each reporting period beginning on or after 1st april 2017. 3 in this regulation, "reporting period" has the same meaning as in regulation 91 of the offshore funds (tax) regulations 2009 . amendment of the offshore funds (tax) regulations 2009 2 1 the offshore funds (tax) regulations 2009 are amended as follows. 2 in the following places after "capital items" insert "and miscellaneous items" - a regulation 63(2)(a), b the italic heading before the heading to regulation 64 and the corresponding entry in the table of contents, c the heading to regulation 65 and the corresponding entry in the table of contents. 3 in regulation 65(2) - a at the end of paragraph (a), omit "and", b after paragraph (b) insert - , and c sums payable or allocated to the manager of a fund calculated by reference to an increase in the net asset value of the fund or a formula designed to reward the manager's performance. . andrew griffiths stephen barclay two of the lords commissioners of her majesty's treasury at 9.00 a.m. on 2nd march 2017

part 1 introduction citation and coming into force 1 these regulations may be cited as the indirect taxes (notifiable arrangements) regulations 2017 and come into force on 1st january 2018. interpretation 2 1 in these regulations - "element", in relation to a notifiable arrangement, includes the way in which the arrangement is structured; "material date" means the following dates, as applicable - where paragraph 11(1) of the schedule applies to a promoter, the relevant date as defined by paragraph 11(3) of the schedule; where paragraph 12(1) of the schedule applies to a promoter, the date on which the promoter first becomes aware of any transaction forming part of the arrangements; where paragraph 17(1) or 18(1) of the schedule applies to a person, the date on which the person enters into any transaction forming part of any notifiable arrangements; "the schedule" means schedule 17 to the finance (no. 2) act 2017; " vat advantage" means a tax advantage in relation to vat . 2 the following have the same meaning in these regulations as they do in the stated provisions of the value added tax act 1994 - "belongs", section 9 ; "exempt supply", section 31 and schedule 9; "reduced rate of vat", section 29a ; "standard rate of vat", the rate in force under section 2(1) . part 2 notifiable arrangements - vat notifiable arrangements in relation to vat 3 the arrangements described in this part are prescribed as notifiable arrangements in relation to vat. retail supplies - splitting and value shifting 4 1 an arrangement which meets the following description is a notifiable arrangement. 2 a person ("a") makes a supply ("supply 1") of goods or services to a retail customer ("c"). 3 a, or another person ("b"), makes a supply ("supply 2") of other goods or services to c. 4 in relation to supply 1 and supply 2 - a condition 1 or 2 is met; and b condition 3 is met. 5 condition 1 is met if - a were supply 1 and supply 2 made as a single supply or part of a single supply to c, that single supply would be taxable at the standard or reduced rate of vat; and b supply 1 or supply 2 is, or both are, - i taxable at the reduced rate of vat; ii a zero-rated supply; or iii an exempt supply, except a supply which is subject to insurance premium tax at the higher rate. 6 condition 2 is met if - a were supply 1 and supply 2 made as a single supply or part of a single supply to c, that single supply would be an exempt supply; and b supply 1 or supply 2 is, or both are, - i taxable at the standard or reduced rate of vat; or ii a zero-rated supply. 7 condition 3 is met if it would be reasonable to conclude that two or more of the following apply - a c would not agree to receive supply 1 without also agreeing to receive supply 2; b where supply 2 is made to c by b, b makes the supply with the agreement of a; c supply 1 and supply 2 would be made as a single supply or part of a single supply to c were it not for a vat advantage which is obtained, or which may be obtained, by making those supplies separately to c; d the business model of a or b (or both) assumes that - i only a will make supply 1 to c; ii only a or b (as the case may be) will make supply 2 to c; and iii the agreements to make supply 1 and supply 2 will be entered into with c at or about the same time; e of supply 1 and supply 2, at least one is dependent on the other; f were supply 1 and supply 2 made as a single supply or part of a single supply to c, that supply would be made at or about the same price as the price of both supply 1 and supply 2 are made to c; g a higher profit is generated from whichever of supply 1 or supply 2 is the supply which obtains the greater vat advantage. 8 in this regulation, "zero-rated supply" has the meaning given by section 30 of the value added tax act 1994 , excluding a supply of goods or services within items 2(d) and (g) and 8 to 13 of group 12 in part 2 of schedule 8 to that act. offshore supplies - insurance and finance 5 1 an arrangement which meets the following description is a notifiable arrangement. 2 a person ("d") who carries on business in the united kingdom makes a supply of services to a person ("e") who belongs outside the eu and the supply is an exempt supply, or would be an exempt supply if made in the united kingdom, by virtue of any item of group 2 or any of items 1 to 6 and 8 of group 5. 3 e makes a supply of services to a person ("f") who belongs in the eu, where the supply would be an exempt supply if made in the united kingdom. 4 the supply which d makes to e is used to make the supply by e to f. 5 for the purposes of determining whether or not an arrangement meets the description in the preceding paragraphs, a supply of services is made by d to e or e to f notwithstanding that the supply - a is incorporated within a supply made by another person; b is split into separate supplies; or c is effected by means of a chain of supplies involving one or more intermediate suppliers. 6 in this regulation, "group 2" and "group 5" have the meanings given by schedule 9 to the value added tax act 1994 . offshore supplies - relevant business persons 6 1 an arrangement which meets the following description is a notifiable arrangement. 2 a person ("g") who carries on business in the united kingdom makes a supply of services to a relevant business person ("h") who belongs outside the eu. 3 the supply by g to h would be taxable at the standard or reduced rate of vat were h a relevant business person who belongs in the united kingdom. 4 h makes a supply of services to a person ("i") who belongs in the eu and the supply - a would be an exempt supply if made in the united kingdom; or b is made in the place where h belongs. 5 the supply which g makes to h is used to make the supply by h to i. 6 for the purposes of determining whether or not an arrangement meets the description in the preceding paragraphs, a supply of services is made by g to h or h to i notwithstanding that the supply - a is incorporated within a supply made by another person; b is split into separate supplies; or c is effected by means of a chain of supplies involving one or more intermediate suppliers. 7 in this regulation, "relevant business person" has the meaning given by section 7a(4) of the value added tax act 1994 ; options to tax- land 7 1 an arrangement which meets the following description is a notifiable arrangement. 2 a person ("j") has exercised the option to tax in respect of land, as provided by paragraph 2 of part 1 of schedule 10 to the value added tax act 1994 , and that option has not been revoked as described in paragraph 23 or 24 of that schedule. 3 fewer than 20 years have expired since the date on which the option had effect. 4 a supply is made in respect of the land by - a j; or b a relevant associate of j, such that the supply is not a taxable supply, by virtue of paragraph 12(1) of part 1 of schedule 10 to the value added tax act 1994. 5 in this regulation, "relevant associate" has the meaning given by paragraph 3 of part 1 of schedule 10 to the value added tax act 1994. part 3 notifiable arrangements - general notifiable arrangements in relation to any indirect tax 8 the arrangements described in this part are prescribed as notifiable arrangements in relation to any indirect tax. confidentiality - promoters 9 1 an arrangement which meets the following description is a notifiable arrangement. 2 it might reasonably be expected, were it not for this regulation, that a promoter of the arrangement would wish that after the material date - a the arrangement; or b any element of the arrangement which obtains, or which may obtain, a tax advantage, be kept confidential from hmrc or another promoter. 3 such a wish may reasonably be expected where - a it is reasonable to conclude that the promoter intends to continue or to repeat the use after the material date of - i the arrangement; or ii any element of the arrangement which obtains, or which may obtain, a tax advantage or substantially the same as such an element; or b the promoter - i does not provide supplementary material to a client or to a person who is to be a party to the arrangement; or ii does provide supplementary material to such a person but discourages the person from retaining it. 4 for the purposes of paragraph (2), regulation 5 (persons who are not to be treated as promoters by virtue of legal professional privilege) of the indirect taxes (disclosure of avoidance schemes) regulations 2017 is to be ignored. 5 in paragraph (3)(b), "supplementary material" means any promotional material, data or written professional advice concerning the arrangement. small and medium-sized enterprises 10 1 in regulation 11, "small or medium-sized enterprise" means a small or medium-sized enterprise as defined in this regulation. 2 a small or medium-sized enterprise means a business carried on by a person where in respect of the relevant period - a fewer than 250 persons were employed in the business; and b the turnover of the business was less than 50 million. 3 where the relevant period is an accounting period of more or less than 12 months, the amount of the turnover for that period must be increased or decreased proportionately on a time basis, or, if it appears that that method would work unreasonably or unjustly, on a just and reasonable basis. 4 where the person who carries on the business - a is a body corporate and that body and one or more other bodies corporate are eligible to be treated as members of a group; or b is associated with another person, in paragraph (2)(a) and (b), "the business" includes the business of each body corporate eligible to be treated as a member of the group or of each associated person, as appropriate. 5 in this regulation - a "associated" has the meaning given by paragraph 48 of schedule 18 to the finance act 2016 ; b "eligible to be treated as members of a group" has the meaning given by section 43a of the value added tax act 1994 ; and c "relevant period" means - i the accounting period of the business which applies to the indirect tax in question; or ii where there is no such accounting period, the period of 12 months, which ended immediately before the date on which it is reasonable to conclude that the arrangement to which regulation 11 applies commenced. confidentiality - other persons 11 1 an arrangement which meets the following description is a notifiable arrangement. 2 in respect of the arrangement there is no promoter but a person ("p") - a is, or is likely to be, a party to the arrangement; or b uses, or is likely to use, the arrangement, for the purposes of a business carried on by p. 3 paragraph (2) does not apply where the business carried on by p is a small or medium-sized enterprise. 4 it might reasonably be expected, were it not for this regulation, that p would wish that after the material date - a the arrangement; or b any element of the arrangement which obtains, or which may obtain, a tax advantage, be kept confidential from hmrc. 5 such a wish may reasonably be expected where it is reasonable to conclude that p intends - a to continue or to repeat the use after the material date of - i the arrangement; or ii any element of the arrangement which obtains, or which may obtain, a tax advantage or substantially the same as such an element; or b to reduce the risk that, were hmrc to have the information which may be required to be provided to it by virtue of the arrangement being a notifiable arrangement, hmrc may - i investigate or examine any return, claim or declaration made by p or another person to hmrc; or ii withhold payment of any or all of an amount claimed from hmrc by p or another person. premium fees 12 1 an arrangement which meets the following description is a notifiable arrangement. 2 it might reasonably be expected, were it not for this regulation, that a promoter ("p") of the arrangement or another person ("q") would be able to obtain a premium fee in relation to - a the arrangement; or b any element of the arrangement which obtains, or which may obtain, a tax advantage. 3 in paragraph (2), "premium fee" means a fee which is - a obtained from a person experienced in receiving services of the type provided by p or q; b to a significant extent attributable to the tax advantage obtained, or which may be obtained, by the arrangement or any element of the arrangement; and c to any extent contingent upon that tax advantage being obtained as a matter of law. standardised tax products 13 1 an arrangement which meets the following description is a notifiable arrangement. 2 a promoter of the arrangement makes it available for implementation by more than one other person. 3 it might reasonably be concluded by a person who has studied the arrangement and who has had regard to all relevant circumstances that conditions 1 to 3 are met. 4 condition 1 is that the arrangement has standardised or substantially standardised documentation - a the purpose of which is to enable a person other than the promoter to implement the arrangement; b the form of which is determined by the promoter; and c the substance of which does not need to be tailored to any material extent to enable a person to implement the arrangement. 5 condition 2 is that - a a person who intends to implement the arrangement must enter into a specific transaction or series of specific transactions; and b the transaction or series of transactions is standardised or substantially standardised in form. 6 condition 3 is that - a the main purpose of the arrangement is to enable a person to obtain a tax advantage; or b it is unlikely that a person would enter into the arrangement were it not that the person or another person may obtain a tax advantage. heather wheeler andrew griffiths two of the lords commissioners of her majesty's treasury 7th december 2017

citation 1 this order may be cited as the welfare reform act 2012 (commencement no. 11, 13, 16, 22, 23 and 24 and transitional and transitory provisions (modification)) order 2017. interpretation 2 1 in this order - "claimant" - in relation to an employment and support allowance, has the same meaning as in part 1 of the welfare reform act 2007 ; in relation to a jobseeker's allowance, has the same meaning as in the jobseekers act 1995 (as it applies apart from the amendments made by part 1 of schedule 14 to the welfare reform act 2012 that remove references to an income-based jobseeker's allowance); in relation to universal credit, has the same meaning as in part 1 of the welfare reform act 2012 ; "the claims and payments regulations 1987" means the social security (claims and payments) regulations 1987 ; "employment and support allowance" means an employment and support allowance under part 1 of the welfare reform act 2007; "jobseeker's allowance" means a jobseeker's allowance under the jobseekers act 1995; "the may 2016 order" means the welfare reform act 2012 (commencement no. 13, 14, 16, 19, 22, 23 and 24 and transitional and transitory provisions (modification)) order 2016 ; "the september 2016 order" means the welfare reform act 2012 (commencement no. 19, 22, 23 and 24 and transitional and transitory provisions (modification)) order 2016 ; "the no. 9 order" means the welfare reform act 2012 (commencement no. 9 and transitional and transitory provisions and commencement no. 8 and savings and transitional provisions (amendment)) order 2013 ; "the no. 11 order" means the welfare reform act 2012 (commencement no. 11 and transitional and transitory provisions and commencement no. 9 and transitional and transitory provisions (amendment)) order 2013 ; "the no. 13 order" means the welfare reform act 2012 (commencement no. 13 and transitional and transitory provisions) order 2013 ; "the no. 16 order" means the welfare reform act 2012 (commencement no. 16 and transitional and transitory provisions) order 2014 ; "the no. 22 order" means the welfare reform act 2012 (commencement no. 22 and transitional and transitory provisions) order 2015 ; "the no. 23 order" means the welfare reform act 2012 (commencement no. 23 and transitional and transitory provisions) order 2015 ; "the no. 24 order" means the welfare reform act 2012 (commencement no. 24 and transitional and transitory provisions and commencement no. 9 and transitional and transitory provisions (amendment)) order 2015 . 2 in this order, references to "designated postcodes", by numbered "part", are to any postcode district or part-district in the corresponding numbered part of the schedule to this order. 3 for the purposes of this order, the universal credit, personal independence payment, jobseeker's allowance and employment and support allowance (claims and payments) regulations 2013 apply for the purpose of deciding - a whether a claim for universal credit is made; and b the date on which the claim is made. 4 for the purposes of this order, the claims and payments regulations 1987 apply, subject to paragraphs (5) and (6), for the purposes of deciding - a whether a claim for an employment and support allowance or a jobseeker's allowance is made; and b the date on which the claim is made or treated as made. 5 subject to paragraph (6), for the purposes of this order - a a person makes a claim for an employment and support allowance or a jobseeker's allowance if that person takes any action which results in a decision on a claim being required under the claims and payments regulations 1987; and b it is irrelevant that the effect of any provision of those regulations is that, for the purposes of those regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken. 6 where, by virtue of - a regulation 6(1f)(b) or (c) of the claims and payments regulations 1987 , in the case of a claim for an employment and support allowance; or b regulation 6(4za) to (4zd) and (4a)(a)(i) and (b) of those regulations , in the case of a claim for a jobseeker's allowance, a claim for an employment and support allowance or a jobseeker's allowance is treated as made at a date that is earlier than the date on which the action referred to in paragraph (5)(a) is taken, the claim is treated as made on that earlier date. modification of the no. 22 and 24 orders: removal of the gateway conditions from 1st february 2017 3 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 1st february 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (h) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(f) and 4(2)(k) and (l) of the no. 22 order , in respect of the part 1 designated postcodes; b articles 3(2)(h) and 4(2)(o) and (p) of the no. 22 order , in respect of the part 2 designated postcodes; c articles 3(2)(n) and 4(2)(aa) and (bb) of the no. 22 order , in respect of the part 3 designated postcodes; d articles 3(2)(b) and 4(2)(c) and (d) of the no. 24 order, in respect of the part 4 designated postcodes; e articles 3(2)(c) and 4(2)(e) and (f) of the no. 24 order , in respect of the part 5 designated postcodes; f articles 3(2)(h) and 4(2)(o) and (p) of the no. 24 order , in respect of the part 6 designated postcodes; g articles 3(2)(l) and 4(2)(w) and (x) of the no. 24 order, in respect of the part 7 designated postcodes; h articles 3(2)(m) and 4(2)(y) and (z) of the no. 24 order , in respect of the part 8 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 8th february 2017 4 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 8th february 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(i) and 4(2)(q) and (r) of the no. 22 order , in respect of the part 9 designated postcodes; b articles 3(2)(j) and 4(2)(s) and (t) of the no. 24 order , in respect of the part 10 designated postcodes. modification of the no. 11, 22 and 24 orders: removal of the gateway conditions from 22nd february 2017 5 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 22nd february 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (h) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(a) and 4(2)(a) of the no. 11 order , in respect of the part 11 designated postcodes; b articles 3(2)(c) and 4(2)(e) and (f) of the no. 22 order, in respect of the part 12 designated postcodes; c articles 3(2)(e) and 4(2)(i) and (j) of the no. 22 order , in respect of the part 13 designated postcodes; d articles 3(2)(j) and 4(2)(s) and (t) of the no. 22 order , in respect of the part 14 designated postcodes; e articles 3(2)(a) and 4(2)(a) and (b) of the no. 24 order , in respect of the part 15 designated postcodes; f articles 3(2)(l) and 4(2)(w) and (x) of the no. 24 order, in respect of the part 16 designated postcodes; g articles 3(2)(s) and 4(2)(kk) and (ll) of the no. 24 order , in respect of the part 17 designated postcodes; h articles 3(2)(y) and 4(2)(ww) and (xx) of the no. 24 order, in respect of the part 18 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 8th march 2017 6 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 8th march 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(f) and 4(2)(k) and (l) of the no. 22 order, in respect of the part 19 designated postcodes; b articles 3(2)(p) and 4(2)(ee) and (ff) of the no. 24 order , in respect of the part 20 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 15th march 2017 7 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 15th march 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(i) and 4(2)(q) and (r) of the no. 22 order, in respect of the part 21 designated postcodes; b articles 3(2)(p) and 4(2)(ee) and (ff) of the no. 22 order, in respect of the part 22 designated postcodes; c articles 3(2)(t) and 4(2)(mm) and (nn) of the no. 24 order, in respect of the part 23 designated postcodes. modification of the no. 22 order: removal of the gateway conditions from 22nd march 2017 8 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 22nd march 2017. 2 where this article applies, articles 3(2)(i) and 4(2)(q) and (r) of the no. 22 order have effect, with respect to a claimant residing in the part 24 designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted. modification of the no. 22 and 24 orders: removal of the gateway conditions from 29th march 2017 9 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 29th march 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (d) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(c) and 4(2)(e) and (f) of the no. 22 order, in respect of the part 25 designated postcodes; b articles 3(2)(a) and 4(2)(a) and (b) of the no. 24 order, in respect of the part 26 designated postcodes; c articles 3(2)(h) and 4(2)(o) and (p) of the no. 24 order, in respect of the part 27 designated postcodes; d articles 3(2)(y) and 4(2)(ww) and (xx) of the no. 24 order, in respect of the part 28 designated postcodes. modification of the no. 16 order: removal of the gateway conditions from 5th april 2017 10 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 5th april 2017. 2 where this article applies, articles 3(2)(a) and 4(2)(a) of the no. 16 order have effect, with respect to a claimant residing in the part 29 designated postcodes, as though the reference in those provisions to meeting the gateway conditions were omitted. modification of the no. 22 order: removal of the gateway conditions from 12th april 2017 11 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 12th april 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(b) and 4(2)(c) and (d) of the no. 22 order , in respect of the part 30 designated postcodes; b articles 3(2)(t) and 4(2)(mm) and (nn) of the no. 22 order , in respect of the part 31 designated postcodes. modification of the no. 22 and 24 orders: removal of the gateway conditions from 19th april 2017 12 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 19th april 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) to (c) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(h) and 4(2)(o) and (p) of the no. 22 order, in respect of the part 32 designated postcodes; b articles 3(2)(r) and 4(2)(ii) and (jj) of the no. 22 order, in respect of the part 33 designated postcodes; c articles 3(2)(e) and 4(2)(i) and (j) of the no. 24 order , in respect of the part 34 designated postcodes. modification of the no. 11 and 13 orders: removal of the gateway conditions from 26th april 2017 13 1 this article applies in the case of a claim for universal credit that is made, or a claim for an employment and support allowance or a jobseeker's allowance that is made or treated as made, on or after 26th april 2017. 2 where this article applies, the provisions referred to in sub-paragraphs (a) and (b) have effect, with respect to a claimant residing in the designated postcodes referred to in the sub-paragraph in question, as though the reference in those provisions to meeting the gateway conditions were omitted - a articles 3(2)(a) and 4(2)(a) of the no. 11 order, in respect of the part 35 designated postcodes; b articles 3(2)(a) and 4(2)(a) of the no. 13 order , in respect of the part 36 designated postcodes. modifications in consequence of removal of the gateway conditions: the no. 11 order 14 1 this article applies in the case of a claim in relation to which provisions of the no. 11 order are modified under articles 5(2)(a) or 13(2)(a). 2 where this article applies, the no. 11 order has effect as though - a in article 2(1) (interpretation), the definition of "gateway conditions" were omitted ; b in article 3(2)(b) (coming into force of the universal credit provisions and incorrect information) - i in paragraph (i), "or meeting the gateway conditions" and "or does not meet the gateway conditions" were omitted; ii in paragraph (ii), "or meeting the gateway conditions" and "or does not or do not meet those conditions" were omitted; iii in paragraph (iii), "or meeting the gateway conditions" were omitted; c in article 3(6) (article 3a of the no. 9 order and incorrect information) , "or meeting the gateway conditions" were omitted in both places it occurs; d in article 4(2)(b) (abolition of income-related employment and support allowance and income-based jobseeker's allowance and incorrect information) - i in paragraph (i), "or meeting the gateway conditions" and "or does not meet the gateway conditions" were omitted; ii in paragraph (ii), "or meeting those conditions" and "or does not or do not meet those conditions" were omitted; iii in paragraph (iii), "or meeting the gateway conditions" were omitted; and e for article 4(7) (claims by couples) there were substituted - 7 paragraphs (1a) and (1b) of article 5 of the no. 9 order apply for the purposes of paragraph (2)(a) as they apply for the purposes of article 4(2)(a) of the no. 9 order (but as if the references in paragraph (1a) to schedule 5 to the no. 9 order were omitted). . modifications in consequence of removal of the gateway conditions: the no. 13 order 15 1 this article applies in the case of a claim in relation to which provisions of the no. 13 order are modified under article 13(2)(b). 2 where this article applies, the modifications to the no. 13 order made by article 6(2) of the may 2016 order have effect. modifications in consequence of removal of the gateway conditions: the no. 16 order 16 1 this article applies in the case of a claim in relation to which provisions of the no. 16 order are modified under article 10(2). 2 where this article applies, the modifications to the no. 16 order made by paragraph (2) of article 8 of the may 2016 order have effect, apart from the modification made by sub-paragraph (c)(i) of that paragraph. modifications in consequence of removal of the gateway conditions: the no. 22 order 17 1 this article applies in the case of a claim in relation to which provisions of the no. 22 order are modified under - a article 3(2)(a), (b) or (c); b article 4(2)(a); c article 5(2)(b), (c) or (d); d article 6(2)(a); e article 7(2)(a) or (b); f article 8(2); g article 9(2)(a); h article 11(2)(a) or (b); or i article 12(2)(a) or (b). 2 where this article applies, the modifications to the no. 22 order made by article 14(2) of the september 2016 order have effect. modifications in consequence of removal of the gateway conditions: the no. 24 order 18 1 this article applies in the case of a claim in relation to which provisions of the no. 24 order are modified under - a article 3(2)(d), (e), (f), (g) or (h); b article 4(2)(b); c article 5(2)(e), (f), (g) or (h); d article 6(2)(b); e article 7(2)(c); f article 9(2)(b), (c) or (d); or g article 12(2)(c). 2 where this article applies, the modifications to the no. 24 order made by article 15(2) of the september 2016 order have effect. modification of the no. 23 order: claims for housing benefit, income support or a tax credit 19 article 7 of the no. 23 order (prevention of claims for housing benefit, income support or a tax credit) applies as though the reference in paragraph (1) of that article to article 3(1) and (2)(a) to (c) of that order included - a a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the no. 11 order, in respect of claims in relation to which sub-paragraph (a) is modified by articles 5(2)(a) and 13(2)(a) of this order; b a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the no. 13 order, in respect of claims in relation to which sub-paragraph (a) is modified by article 13(2)(b) of this order; c a reference to paragraph (1) and sub-paragraph (a) of paragraph (2) of article 3 of the no. 16 order, in respect of claims in relation to which sub-paragraph (a) is modified by article 10(2) of this order; d a reference to paragraph (1) and sub-paragraphs (b), (e), (j), (n), (p), (r) and (t) of paragraph (2) of article 3 of the no. 22 order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 11(2)(a), 5(2)(c), 5(2)(d), 3(2)(c), 7(2)(b), 12(2)(b) and 11(2)(b) of this order; e a reference to paragraph (1) and sub-paragraphs (c), (f), (h) and (i) of paragraph (2) of article 3 of the no. 22 order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 5(2)(b) and 9(2)(a), articles 3(2)(a) and 6(2)(a), articles 3(2)(b) and 12(2)(a) and articles 4(2)(a), 7(2)(a) and 8(2) of this order; f a reference to paragraph (1) and sub-paragraphs (b), (c), (e), (j), (m), (p), (s) and (t) of paragraph (2) of article 3 of the no. 24 order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 3(2)(d), 3(2)(e), 12(2)(c), 4(2)(b), 3(2)(h), 6(2)(b), 5(2)(g) and 7(2)(c) of this order; and g a reference to paragraph (1) and sub-paragraphs (a), (h), (l) and (y) of paragraph (2) of article 3 of the no. 24 order, in respect of claims in relation to which those sub-paragraphs are modified respectively by articles 5(2)(e) and 9(2)(b), articles 3(2)(f) and 9(2)(c), articles 3(2)(g) and 5(2)(f) and articles 5(2)(h) and 9(2)(d) of this order. signed by authority of the secretary of state for work and pensions damian hinds minister of state, department for work and pensions 25th january 2017

part 1 introduction citation, commencement, extent and application 1 these regulations - a may be cited as the water environment (water framework directive) (england and wales) regulations 2017 and come into force on 10th april 2017; b extend to england and wales; c apply only in relation to river basin districts identified under regulation 4(1). interpretation 2 1 in these regulations - "the 2003 regulations" means the water environment (water framework directive) (england and wales) regulations 2003 ; "the wfd" 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 ; "the gwd" means directive 2006/118/eec of the european parliament and of the council on the protection of groundwater against pollution and deterioration ; "the eqsd" means directive 2008/105/ec of the european parliament and of the council on environmental quality standards in the field of water policy ; "the agency" means the environment agency; "the appropriate agency", except as provided for by regulation 9 (8), means - in relation to a river basin district that is wholly in england, the agency; in relation to a river basin district that is wholly in wales, nrw; in relation to a river basin district that is partly in england and partly in wales, the agency and nrw acting jointly; "the appropriate authority", except as provided for by regulation 9 (8), means - in relation to a river basin district that is wholly in england, the secretary of state; in relation to a river basin district that is wholly in wales, the welsh ministers; in relation to a river basin district that is partly in england and partly in wales, the secretary of state and the welsh ministers acting jointly; "artificial or heavily modified water body" means a body of surface water designated as such under regulation 15 ; "body of water" means a body of groundwater or a body of surface water; "drinking water protected area" has the meaning given by regulation 8 ; "england" includes the territorial sea adjacent to england not forming any part of wales; "environmental objectives", in relation to a river basin district or body of water, means the objectives set under regulation 12 in accordance with regulation 13; "nrw" means the natural resources body for wales; "programme of measures", in relation to a river basin district, means the programme of measures established under regulation 12 in accordance with regulation 20 ; "protected area" means an area included on a register in accordance with regulation 10; "public body" does not include a minister of the crown within the meaning of the ministers of the crown act 1975 , the welsh ministers, the first minister for wales or the counsel general to the welsh government, but does include - a person otherwise holding an office - under the crown, created or continued in existence by a public general act of parliament, or the remuneration in respect of which is paid out of money provided by parliament; a statutory undertaker, being a person who by virtue of section 262 of the town and country planning act 1990 is, or is deemed to be, a statutory undertaker for any purpose; "relevant functions" means functions under these regulations and, so far as material, the enactments listed in parts 1 and 2 of schedule 2 (which relate to statutes and subordinate legislation); "river basin district" means an area identified by regulation 4(1), being the main unit for the management of river basins for the purposes of the wfd and being made up of a river basin or neighbouring river basins, together with associated groundwater, transitional waters and coastal water; "river basin management plan" means a plan to which part 6 applies; "shellfish" means any bivalve or gastropod mollusc; "shellfish water protected area" has the meaning given by regulation 9 ; "status", in relation to a body of water, is a reference to its surface water status or groundwater status (as the case may be); "the table of priority substances" means the table in part a of annex i to the eqsd; "wales" has the meaning given by section 158 of the government of wales act 2006 ; "water intended for human consumption" has the same meaning as in council directive 98/83/ec on the quality of water intended for human consumption . 2 in these regulations, where the appropriate agency is required to make copies of a list, statement, summary, draft plan or plan accessible to the public free of charge - a references to doing so through its website mean - i where the agency is the appropriate agency, through its website; ii where nrw is the appropriate agency, through its website; iii where the agency and nrw acting jointly are the appropriate agency, through their respective websites; b references to doing so at its principal office mean - i where the agency is the appropriate agency, at its principal office; ii where nrw is the appropriate agency, at its principal office; iii where the agency and nrw acting jointly are the appropriate agency, at their principal offices. 3 expressions used in both these regulations and the wfd and which are listed in schedule 1 have the meaning given in that schedule. 4 expressions used in both these regulations and the wfd and not otherwise defined in these regulations have the same meaning for the purposes of these regulations as they do for the purposes of the wfd. duties on ministers and regulators 3 1 the secretary of state, the welsh ministers, the agency and nrw must exercise their relevant functions so as to secure compliance with the requirements of the wfd, the eqsd and the gwd. 2 without prejudice to the generality of paragraph (1), the secretary of state, the welsh ministers, the agency and nrw must determine an authorisation so as, in particular - a to prevent deterioration of the surface water status or groundwater status of a body of water (subject to the application of regulations 18 and 19), and b otherwise to support the achievement of the environmental objectives set for a body of water (subject to the application of regulations 16 to 19). 3 in paragraph (2), "determine an authorisation" means decide whether to grant, vary or revoke, or impose conditions (and if so which conditions) on - a an environmental permit under the environmental permitting (england and wales) regulations 2016 ; b a licence for an abstraction or impoundment under chapter 2 of part 2 of the water resources act 1991 . 4 the secretary of state, the welsh ministers, the agency and nrw must exercise their relevant functions in relation to each river basin district so as best to secure that the requirements of the wfd, the eqsd and the gwd for the achievement of the environmental objectives, and in particular programmes of measures, are coordinated for the whole of that district. part 2 river basin districts and water bodies map of river basin districts 4 1 the areas shown on the official map are identified as river basin districts for the purposes of these regulations. 2 in this regulation, "the official map" means the map of river basin districts produced by the agency and published on its website. 3 nrw must ensure that the official map is published on its website. 4 the agency and nrw must ensure that the official map is made available to the public at their principal offices. characterisation of river basin districts 5 1 the appropriate agency must undertake and periodically review and (where appropriate) update, in accordance with annex ii to the wfd (characterisation of waters) - a an analysis of the characteristics of each river basin district, and b a review of the impact of human activity on the status of surface water and groundwater in each river basin district. 2 a review and any update must be done - a by 22nd december 2019, and b subsequently, by 22nd december of the sixth year following that date and of each sixth year following that. 3 in relation to a review of the characteristics of each river basin district under paragraph (1)(a), the appropriate agency must include in the relevant river basin management plan an explanation of the approach taken to the use of system a or b in paragraph 1.1 and 1.2 to 1.2.4 (characterisation of surface water body types) of annex ii to the wfd. classification of water bodies 6 the appropriate agency must classify the status of bodies of water in accordance with annex v to the wfd and such directions as the appropriate authority may give to the appropriate agency. economic analysis of water use in river basin districts 7 1 the appropriate authority must undertake and periodically review and (where appropriate) update, in accordance with annex iii to the wfd (economic analysis), an economic analysis of water use in each river basin district. 2 a review and any update must be done - a by 22nd december 2019, and b subsequently, by 22nd december of the sixth year following that date and of each sixth year following that. part 3 protected areas bodies of water used for the abstraction of drinking water 8 1 the appropriate agency must identify any body of water (a "drinking water protected area") within each river basin district which - a is used for the abstraction of water intended for human consumption and - i provides more than 10 cubic metres of such water per day as an average, or ii serves more than 50 persons; or b is intended to be used for the abstraction of water intended for human consumption to the extent referred to in sub-paragraph (a)(i) or (ii). 2 for each drinking water protected area, the programme of measures for the river basin district within which it is located must include measures with the aim of avoiding deterioration in the quality of the water in that area, in order to reduce the level of purification treatment required in the production of drinking water abstracted from it. designation of shellfish waters 9 1 the appropriate authority may designate any area of coastal or transitional water within a river basin district as a shellfish water protected area by including it in the relevant list. 2 but an area may not be included in the relevant list unless the appropriate authority considers that to do so is necessary or desirable in order to protect or develop economically significant shellfish production. 3 in relation to a shellfish water protected area which is wholly in england, the relevant list is the list entitled "shellfish waters (england) 2016" and dated 3rd march 2016. 4 in relation to a shellfish water protected area which is wholly in wales, the relevant list is the list entitled "shellfish waters (wales) 2016" and dated 8th february 2016. 5 the appropriate authority must periodically review and (where appropriate) revise designations made under paragraph (1). 6 a review and any revision must be done - a by 22nd december 2021, and b subsequently, by 22nd december of the sixth year following that date and of each sixth year following that. 7 the appropriate agency must ensure that the relevant list is - a published on its website, and b made available to the public at its principal offices. 8 in this regulation - "appropriate agency" means - in relation to a shellfish water protected area that is wholly in england, the agency; in relation to a shellfish water protected area that is wholly in wales, nrw; "appropriate authority" means - in relation to a shellfish water protected area or proposed area that is wholly in england, the secretary of state; in relation to a shellfish water protected area or proposed area that is wholly in wales, the welsh ministers. register of protected areas 10 1 the appropriate agency must, for each river basin district, maintain, review and keep up to date a register of the protected areas lying (whether wholly or partly) within the district. 2 the register must include the following protected areas - a a drinking water protected area; b an area or body of water for the time being designated or otherwise identified as requiring special protection under any eu instrument providing for the protection of surface water and groundwater or for the conservation of habitats or species directly depending on water, or any enactment implementing such an eu instrument, including, in particular - i areas designated for the protection of economically significant aquatic species (including shellfish water protected areas); ii bodies of water designated as recreational waters; iii nutrient-sensitive areas; iv areas designated for the protection of habitats or species where the maintenance or improvement of the status of water is an important factor in the protection of the habitats or species. part 4 monitoring monitoring programmes 11 1 the appropriate agency must establish and keep under review programmes for monitoring water status in order to establish a coherent and comprehensive overview of water status within each river basin district. 2 in relation to surface water, the monitoring programme must cover - a the volume and level or rate of flow to the extent relevant to ecological and chemical status and ecological potential, and b ecological and chemical status and ecological potential. 3 in relation to groundwater, the monitoring programme must cover chemical and quantitative status. 4 in relation to protected areas, the monitoring programme must - a cover any supplementary monitoring required by the eu legislation under which the area is protected; b provide for the monitoring of each drinking water protected area which provides on average more than 100m per day of drinking water intended for human consumption; c for each shellfish water protected area, enable a reliable assessment to be made of whether the objectives in regulation 13(4) have been or will be achieved. 5 the monitoring programme must comply with the following provisions of annex v to the wfd - a points 1.3 to 1.3.4 and 1.3.6 (monitoring of ecological status, chemical status and ecological potential for surface waters); b point 1.3.5 (monitoring of drinking water abstraction points and habitats and species protection areas); c points 1.4 to 1.4.3 (classification and presentation of ecological status, chemical status and ecological potential); d points 2.2 to 2.2.4 (monitoring of groundwater quantitative status); e points 2.4 to 2.4.4 (monitoring of groundwater chemical status); f points 2.4.5 and 2.5 (interpretation and presentation of groundwater status). 6 by 22nd december 2018, the appropriate agency must establish, for each river basin district, a monitoring programme in respect of substances 34 to 45 in the table of priority substances. part 5 environmental objectives and programmes of measures procedure for setting environmental objectives and programmes of measures 12 1 the appropriate agency must, by such date as the appropriate authority may direct, prepare and submit to the authority proposals for - a environmental objectives for each river basin district, in accordance with regulation 13 , and b a programme of measures to be applied in order to achieve those objectives, in accordance with regulation 20 . 2 in preparing proposals under paragraph (1), the appropriate agency must - a take account of the characterisation of, and economic analysis of water use in, the relevant river basin district carried out or updated under regulations 5 and 7 , and b take such steps as the appropriate agency thinks fit, or the appropriate authority may direct, to - i provide opportunities for the general public and those persons likely to be interested in or affected by the appropriate agency's proposals to participate in discussion and the exchange of information or views in relation to the preparation of those proposals, ii publicise the appropriate agency's draft proposals to those persons, and iii consult those persons in respect of those proposals. 3 the appropriate authority may, having considered any proposals for environmental objectives or for a programme of measures submitted to it and any representations received by the authority in relation to those proposals - a approve them, or any of them, in the form submitted, b approve them, or any of them, either with modifications or subject to such modifications as the authority may direct the appropriate agency to make, or c reject them, or any of them. 4 in any case falling within paragraph (3)(b) or (c), the appropriate authority must state its reasons. 5 where the appropriate authority rejects any proposals, it must direct the appropriate agency to resubmit proposals by such time as the direction may specify with - a modifications of such nature as the direction may specify, and b any further modifications which the appropriate agency considers appropriate. 6 the appropriate authority must ensure that, for each river basin district, the environmental objectives and programme of measures are periodically reviewed and, where appropriate, updated - a by 22nd december 2021, and b subsequently, by 22nd december of the sixth year following that date and of each sixth year following that. 7 where a programme of measures is updated under paragraph (6), any new or revised measures must be made operational within three years of that updating. the environmental objectives 13 1 the environmental objectives referred to in regulation 12 are, subject to regulations 14 to 19 , the following objectives for the relevant type of water body or area. 2 for surface water bodies, the objectives are to - a prevent deterioration of the status of each body of surface water; b protect, enhance and restore each body of surface water (other than an artificial or heavily modified water body) with the aim of achieving good ecological status and (subject to paragraph (3)) good surface water chemical status, if not already achieved, by 22nd december 2021; c protect and enhance each artificial or heavily modified water body with the aim of achieving good ecological potential and (subject to paragraph (3)) good surface water chemical status, if not already achieved, by 22nd december 2021; d aim progressively to reduce pollution from priority substances and aim to cease or phase out emissions, discharges and losses of priority hazardous substances. 3 the objectives in paragraph (2)(b) and (c) are to be read as though they referred to achieving good surface water chemical status - a in relation to substances 2, 5, 15, 20, 22, 23 and 28 in the table of priority substances, by 22nd december 2021; b in relation to substances 34 to 45 in the table of priority substances, by 22nd december 2027. 4 for shellfish water protected areas, in addition to the objectives under paragraph (2) for the surface water bodies in which they are located, the objectives are such objectives as are necessary or desirable to improve or protect the shellfish water protected area in order to support shellfish life and growth and to contribute to the high quality of shellfish products suitable for human consumption as the appropriate authority may direct. 5 for groundwater bodies, the objectives are to - a prevent deterioration of the status of each body of groundwater; b prevent or limit the input of pollutants into groundwater; c protect, enhance and restore each body of groundwater, and ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater chemical status and good groundwater quantitative status, if not already achieved, by 22nd december 2021; d reverse any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce pollution of groundwater. 6 for each protected area, other than a shellfish water protected area, the objective is to achieve compliance with any standards and objectives required by or under any eu instrument under which the area or body is protected - a by 22nd december 2021, if not already achieved, or b if different, by any date for compliance set in that eu instrument. 7 where two or more objectives set under this regulation apply to the same body of water, or the same part of a body of water, the most stringent objective applies. environmental objectives: application of regulations 15 to 19 14 regulations 15 to 19 must be applied in a way that - a does not permanently exclude or compromise the achievement of the environmental objectives set in relation to any other water body within the same river basin district; b is not inconsistent with the implementation of any other eu instrument; c guarantees at least the same level of protection for bodies of water as the eu instruments repealed by article 22 of the wfd. artificial or heavily modified water bodies 15 1 the appropriate agency may designate a body of surface water as artificial or heavily modified if it considers that - a the changes to the hydromorphological characteristics of that body which would be necessary for achieving good ecological status would have significant adverse effects on - i the wider environment, ii navigation, including port facilities, or recreation, iii activities for the purposes of which water is stored, such as drinking water supply, power generation or irrigation, iv water regulation, flood protection, land drainage, or v other sustainable human development activities which the appropriate agency considers are of equal importance to the matters in paragraphs (i) to (iv), and b the beneficial objectives served by the artificial or modified characteristics of the water body cannot, for reasons of technical feasibility or disproportionate cost, reasonably be achieved by other means which are a significantly better environmental option. 2 designations under this regulation, and an explanation for them, must be included in the relevant river basin management plan, and reviewed (and where necessary revised) when that plan is updated under part 6. extended deadlines for environmental objectives 16 1 the deadline by which an environmental objective referred to in regulation 13 (2)(b) or (c), (5)(c) or (6) must be achieved may be extended for the purposes of the phased achievement of the environmental objectives for a body of water if the conditions in paragraphs (2) and (3) are or will be met. 2 the condition is that no further deterioration occurs in the status of the affected body of water. 3 the condition is that all the necessary improvements in the status of the body of water cannot reasonably be achieved within the timescales set out in the provisions of regulation 13 mentioned in paragraph (1) for one or more of the following reasons - a the scale of improvements required can only be achieved in phases exceeding the timescale for reasons of technical feasibility; b completing the improvements within the timescale would be disproportionately expensive; c natural conditions do not allow timely improvement in the status of the body of water. 4 subject to paragraph (5), a deadline must not be extended beyond 22nd december 2027, except in cases where the natural conditions are such that the environmental objectives cannot be achieved by that date. 5 paragraph (4) does not apply to the deadline specified in regulation 13(2) for an objective of aiming to achieve good surface water chemical status - a in relation to substances 2, 5, 15, 20, 22, 23 and 28 in the table of priority substances, which may be extended until 22nd december 2033; b in relation to substances 34 to 45 in the table of priority substances, which may be extended until 22nd december 2039. 6 where a deadline is extended under paragraph (1), the relevant river basin management plan must set out - a the extended deadline and the reasons for it, b a summary of the measures to be applied to achieve the environmental objectives set pursuant to regulation 12 which are envisaged as necessary to bring the body of water progressively to the required status by the extended deadline, and c the reasons for any significant delay in making these measures operational and the expected timetable for their implementation. 7 following an extension under paragraph (1), the next update of the relevant river basin management plan must include a review of the implementation of the measures referred to in paragraph (6) (b) and a summary of any additional measures necessary for the purpose set out in that paragraph. setting less stringent environmental objectives 17 1 less stringent environmental objectives than those required by regulation 13 (2)(b) or (c), (4), (5)(c) or (6) may be set for a specific body of water where - a that body of water is so affected by human activity or its natural condition is such that the achievement of the environmental objectives set would be infeasible or disproportionately expensive, and b all the conditions in paragraphs (2) to (5) are or will be met. 2 the condition is that the environmental and socio-economic needs served by such human activity cannot be achieved by other means which are a significantly better environmental option not entailing disproportionate costs. 3 the condition is that where the body of water is a body of surface water, the highest ecological and chemical status possible is achieved, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution. 4 the condition is that where the body of water is a body of groundwater, the least possible changes to good groundwater status occur, given impacts that could not reasonably have been avoided due to the nature of the human activity or pollution. 5 the condition is that no further deterioration occurs in the status of the affected body of water. 6 where a less stringent environmental objective is set under paragraph (1) - a that objective, and the reasons for it, must be set out in the relevant river basin management plan; b the review of that objective in accordance with regulation 12(6) must include consideration of whether a less stringent objective should continue to be set. natural causes or force majeure 18 1 a temporary deterioration in the status of a body of water is not a breach of the environmental objectives set for it under regulation 12 if - a it is the result of - i circumstances of natural cause or force majeure which are exceptional or could not reasonably have been foreseen, in particular extreme floods or prolonged droughts, or ii circumstances due to accidents which could not reasonably have been foreseen, and b all the conditions in paragraphs (2) to (4) are or will be met. 2 the condition is that all practicable steps are taken - a to prevent further deterioration in the status of the affected body of water, and b so as not to compromise the achievement of the environmental objectives for any body of water not affected by the circumstances mentioned in paragraph (1)(a). 3 the condition is that the river basin management plan sets out the conditions under which circumstances are exceptional or could not reasonably have been foreseen including the adoption of the appropriate indicators. 4 the condition is that the measures to be taken under such exceptional circumstances are included in the programme of measures to be applied to the body of water and will not compromise the recovery of the quality of that body of water once the circumstances are over. 5 where paragraph (1) applies, the effects of the circumstances mentioned in paragraph (1)(a) must be reviewed annually and, subject to regulation 16 , all practicable measures must be taken with the aim of restoring the body of water as soon as reasonably practicable to its status prior to the effects of the circumstances. 6 the next update of the relevant river basin management plan must include a summary of the effects of the circumstances referred to in paragraph (1)(a), and of the measures taken or to be taken. modifications to physical characteristics of water bodies 19 1 a failure to achieve good groundwater status, good ecological status or (where relevant) good ecological potential, or to prevent deterioration in the status of a body of surface water or groundwater, is not a breach of the environmental objectives set for it under regulation 12 if - a the failure is the result of new modifications to the physical characteristics of the body of surface water or alterations to the level of the body of groundwater, and b all the conditions in paragraphs (3) to (5) are or will be met. 2 a failure to prevent deterioration from high status to good status of a body of surface water is not a breach of the environmental objectives set for it under regulation 12 if - a the failure is the result of new sustainable development activities, and b all the conditions in paragraphs (3) to (5) are or will be met. 3 the condition is that all practicable steps are taken to mitigate the adverse impact on the status of the body of water. 4 the condition is that one or both of the following is the case - a the reasons for the modifications or alterations, or for the sustainable development activities, are of overriding public interest; b the benefits to the environment and to society of achieving the environmental objectives are outweighed by the benefits of the new modifications or alterations, or of the sustainable development activities, to human health, to the maintenance of human safety, or (in the case of modifications or alterations) to sustainable development. 5 the condition is that the beneficial objectives served by the modifications or alterations, or by the sustainable development activities, cannot, for reasons of technical feasibility or disproportionate cost, be achieved by other means which are a significantly better option. 6 where paragraph (1) or (2) applies, the reasons for the modifications or alterations, or for the sustainable development activities, must be set out and explained in the river basin management plan, and the environmental objectives must be reviewed every six years. content of programmes of measures 20 1 each programme of measures proposed and approved under regulation 12 must include basic measures and, where necessary, supplementary measures (see paragraph (4)). 2 the basic measures must comply with article 11.3 of the wfd and must, in particular, include the following - a measures required to implement the eu instruments for the protection of water listed in schedule 3; b measures in accordance with regulation 21(1) (charges for water services); c measures to promote an efficient and sustainable water use to avoid compromising the achievement of the environmental objectives; d the measures required by regulation 8(2) (drinking water protected areas); e measures to control the abstraction of fresh surface water and groundwater, and the impoundment of fresh surface water, including a register of water abstractions and a requirement for prior authorisation for abstraction and impoundment; f measures to control the artificial recharge or augmentation of groundwater bodies, including a requirement for prior authorisation; g for point source discharges liable to cause pollution, a requirement for prior regulation or prior authorisation which sets emission controls for the pollutants concerned; h for diffuse sources liable to cause pollution, measures to prevent or control the input of pollutants; i measures to address any other significant adverse impacts on the status of water, including in particular measures to ensure that the hydromorphological conditions of each body of surface water are consistent with the achievement of the required ecological status (or good ecological potential for artificial or heavily modified water bodies); j a prohibition of direct discharges of pollutants into groundwater, except for the following discharges which may be authorised - i injection of water containing substances resulting from operations for exploration and extraction of hydrocarbons or mining activities, and injection of water for technical reasons, into geological formations - aa from which hydrocarbons or other substances have been extracted, or bb which for natural reasons are permanently unsuitable for other purposes; ii reinjection of pumped groundwater from mines and quarries or associated with the construction or maintenance of civil engineering works; iii injection of natural gas or liquefied petroleum gas for storage purposes into - aa geological formations which for natural reasons are permanently unsuitable for other purposes; bb geological formations where there is an overriding need for security of gas supply, and where the injection is such as to prevent any present or future danger of deterioration in the quality of any receiving groundwater; iv injection of carbon dioxide streams for storage purposes into geological formations which for natural reasons are permanently unsuitable for other purposes, provided that such injection is - aa made in accordance with directive 2009/31/ec of the european parliament and of the council on the geological storage of carbon dioxide , or bb excluded from the scope of that directive under article 2(2) of that directive; v construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater; vi discharges of small quantities of substances for scientific purposes for characterisation, protection or remediation of a body of water limited to the amount strictly necessary for the purposes concerned; k measures to eliminate pollution of surface waters by priority substances and to progressively reduce pollution by other substances which would otherwise prevent the achievement of the environmental objectives for bodies of surface water; l measures required to - i prevent significant losses of pollutants from technical installations; ii prevent or reduce the impact of accidental pollution incidents, such as from floods. 3 the measures required by paragraph (2)(l) may include - a systems to detect or give warning of events which may lead to accidental pollution; b appropriate measures to reduce the risk to aquatic ecosystems from accidents which cannot reasonably be foreseen. 4 where necessary, each programme of measures must include any other supplementary measures designed and implemented with the aim of achieving the environmental objectives set under regulation 12 . charges for water services 21 1 the appropriate authority must ensure - a that water pricing policies provide adequate incentives to use water resources efficiently, and b an adequate contribution by industry, households and agriculture, and such other sectors as the appropriate authority considers appropriate, to the recovery of the costs of water services, based on the economic analysis conducted under regulation 7 . 2 in complying with paragraph (1), the appropriate authority - a must take account of environmental and resource costs and the polluter pays principle; b may have regard to the social, environmental and economic effects of the cost recovery and the geographical and climatic conditions of the region or regions affected. 3 the appropriate authority may, in accordance with established practices, disapply paragraph (1) in relation to a particular water use activity, provided the authority considers that this does not otherwise compromise the purposes and achievement of the objectives of the wfd. further programmes of measures in relation to certain priority substances 22 1 the appropriate agency must, by 22nd december 2018, establish a preliminary programme of measures for each river basin district in relation to substances 34 to 45 in the table of priority substances. 2 for the purposes of a programme of measures to be updated by 22nd december 2021 under regulation 12(6)(a) , the appropriate agency must, by such date as the appropriate authority directs, prepare and submit to the appropriate authority proposals for a final programme of measures for the purposes of aiming to achieve good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd december 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances. 3 regulation 12(2) applies to the preparation by the appropriate agency of its proposals under paragraph (2) as it does to the preparation of proposals under regulation 12(1) . 4 without prejudice to the existing obligations, the appropriate authority must ensure that, for each river basin district, the programme of measures updated under regulation 12(6)(a) by 22nd december 2021 contains measures for the purposes of aiming to achieve good surface water chemical status in relation to substances 34 to 45 in the table of priority substances by 22nd december 2027 and preventing deterioration in the chemical status of each body of surface water in relation to those substances. 5 regulation 12 (3) to (5) applies in relation to proposals for a programme of measures submitted to the appropriate authority under paragraph (2) as it does to proposals submitted under regulation 12 (1). 6 the appropriate authority must ensure that the measures referred to in paragraph (4) are made operational as soon as possible after 22nd december 2021, and at the latest by 22nd december 2024. 7 in paragraph (4), "existing obligations" means the obligations (on environmental quality standards in the field of water policy) under the eqsd ("the original directive") before it was amended by directive 2013/39/eu of the european parliament and of the council as regards priority substances in the field of water policy including, in particular, the achievement of good surface water chemical status in relation to the substances and the associated environmental quality standards listed in the original directive. action in relation to plant protection and biocidal products 23 1 this regulation applies where the results of a report under article 7a of the eqsd show that additional measures at european union or member state level may be necessary in order to facilitate compliance with the wfd in relation to a particular substance approved pursuant to regulation (ec) no 1107/2009 of the european parliament and of the council concerning the placing of plant protection products on the market or regulation (eu) no 528/2012 of the european parliament and of the council concerning the making available on the market and use of biocidal products . 2 the competent authority must apply article 44 of regulation (ec) no 1107/2009 or article 48 of regulation (eu) no 528/2012, as appropriate, to the relevant substance referred to in paragraph (1), or products containing that substance. 3 in applying the provisions referred to in paragraph (2), the competent authority must take into account any risk evaluations and socio-economic or cost-benefit analyses required under regulation (ec) no 1107/2009 or regulation (eu) no 528/2012, including as regards the availability of alternatives. 4 the competent authority for the purposes of this regulation is the person defined as the competent authority for england or wales - a in respect of regulation (ec) no 1107/2009 , under regulation 3 of the plant protection products regulations 2011 ; b in respect of regulation (eu) no 528/2012, under regulation 5 of the biocidal products and chemicals (appointment of authorities and enforcement) regulations 2013 . implementation of programmes of measures 24 1 the appropriate authority or, in the exercise of its relevant functions, the appropriate agency must ensure that the implementation of measures required under regulations 20 and 22 does not lead - a to increased pollution of marine waters; b directly or indirectly to increased pollution of surface waters. 2 paragraph (1) does not apply to the extent that compliance with it would result in increased pollution of the environment as a whole. action where environmental objectives are unlikely to be achieved 25 where monitoring or other data indicate that the environmental objectives set for a body of water under regulation 12 are unlikely to be achieved, the appropriate agency or, where relevant, the appropriate authority must ensure that - a the causes of the possible failure are investigated, b relevant permits and authorisations are examined and reviewed as appropriate, c the monitoring programmes under regulation 11 are reviewed and adjusted as appropriate, and d such additional measures as may be necessary to achieve those objectives (subject to the application of regulations 15 to 19 ) are included in the programme of measures applying to that body of water. part 6 river basin management plans application of this part 26 this part applies in relation to - - a the most recent version of each river basin management plan prepared and updated under the 2003 regulations, and b any subsequent version of such a plan updated under this part. river basin management plans: content 27 1 a river basin management plan must - a relate to such period as the appropriate authority may direct; b include the information required by the relevant provisions of the wfd, the gwd and the eqsd specified in paragraphs (2) to (4); c in relation to any shellfish water protected area, include the information required by paragraph (2)(d) in relation to protected areas. 2 the relevant provisions of the wfd are - a article 9(2) and (4) (recovery of the costs of water services); b annex ii, section 1.3(vi) (exclusion of elements from the assessment of ecological status); c the following provisions of annex v - i points 1.3 and 1.3.4 (confidence and precision in monitoring surface water); ii point 2.4.1 (confidence and precision in monitoring groundwater); iii points 2.4.5 and 2.5 (presentation of monitoring results for groundwater); d annex vii, parts a and b (elements to be covered in river basin management plans). 3 the relevant provisions of the gwd are - a article 3(5) and (6) (the threshold values and revisions to them); b article 4(4) (summary of assessment of groundwater chemical status); c article 5(4) and (5) (trend assessment and starting points); d annex ii part c (how groundwater threshold values have been set); e annex iii, point 5 (maps showing exceedances). 4 the relevant provisions of the eqsd are - a article 3(5) (information about monitoring and analysis, including alternative matrices); b article 4(2) (information relating to mixing zones); c article 5(4) (updated inventories). review of river basin management plans 28 the appropriate agency must, by such date as the appropriate authority directs - a review and update each river basin management plan, and b submit each updated plan to the appropriate authority. river basin management plans: public participation 29 1 the appropriate agency must - a not less than three years before the relevant date, publish a statement of - i the steps and consultation measures the appropriate agency is to take in connection with the preparation of the updated plan, and ii the dates by which those steps and measures are to be taken; b not less than two years before the relevant date, publish a summary of the significant water management matters which the appropriate agency considers arise for consideration in relation to the river basin district; c not less than one year before the relevant date, publish a draft of the updated plan. 2 the appropriate agency must carry out the publication required by paragraph (1) in such manner as the appropriate agency considers appropriate for the purpose of bringing it to the attention of persons likely to be affected, and must - a make copies of the statement, summary or draft updated plan accessible to the public free of charge through its website and at its principal office; b publish a notice - i stating the fact of publication, ii specifying the arrangements made for making copies of the statement, summary or draft updated plan available for public inspection, and iii stating that any person may make representations to the appropriate agency in relation to the statement, summary or draft updated plan; c consult the persons referred to in paragraph (4); d take such steps as the appropriate agency thinks fit, or the appropriate authority may direct, to provide opportunities for the general public and the persons referred to in paragraph (4) to participate in discussion and the exchange of information or views in relation to the preparation of the draft updated plan; e invite the public and the persons referred to in paragraph (4) to make representations in relation to the draft updated plan. 3 a notice required by paragraph (2)(b) must be published - a in the london gazette, and b at least once in each of two successive weeks, in one or more newspapers circulating in the river basin district to which the updated plan relates. 4 the persons to be consulted are - a the appropriate authority; b the water services regulation authority; c the appropriate nature conservation bodies; d every local authority any part of whose area is within the river basin district; e every local planning authority any part of whose area is within the river basin district; f where any part of the river basin district has been designated as a national park, the national park authority for that national park; g where any part of the river basin district contains a shellfish water protected area, the food standards agency; h the harbour authority for each harbour in the river basin district; i every navigation authority having functions in relation to any part of the river basin district; j every water undertaker or sewerage undertaker any part of whose area is within the river basin district; k any inshore fisheries and conservation authority for an inshore fisheries and conservation district any part of which lies within the river basin district; l such persons as appear to the appropriate agency, in relation to the river basin district - i to be representative of the interests of those carrying on any business which relies upon the water environment, ii to have an interest in the protection of the water environment, or iii to have an interest in the promotion of flood management; m such other persons as - i the appropriate agency thinks fit; ii the appropriate authority may direct. 5 in this regulation - a "appropriate nature conservation bodies" means the joint nature conservation committee, and - i in relation to a river basin district that is wholly in england, natural england; ii in relation to a river basin district that is partly in england and partly in wales, natural england in relation to the part in england; b "harbour" and "harbour authority" have the meanings given by section 57 of the harbours act 1964 ; c "inshore fisheries and conservation authority" means the inshore fisheries and conservation authority for an inshore fisheries and conservation district; d "inshore fisheries and conservation district" means an inshore fisheries and conservation district established by an order under section 149(1) of the marine and coastal access act 2009 ; e "local authority" means the council of any county, county borough, district or london borough, the common council of the city of london or the greater london authority; f "local planning authority" has the meaning given by section 1 of the town and country planning act 1990 ; g "navigation authority" has the meaning given by section 221(1) of the water resources act 1991 ; h "the relevant date", in relation to a plan, means - i if a period of time has been directed under regulation 27(1)(a) , the date on which that period begins, or ii otherwise, the date by which the appropriate authority is next required under regulation 31(5) to publish an updated plan. 6 the appropriate agency must take into account any representations relating to a statement, summary or draft updated plan published in accordance with paragraph (1) which are received by the appropriate agency within the period of six months beginning with the date of publication or such longer period as the appropriate authority may direct. river basin management plans: submission for approval 30 1 as soon as an updated river basin management plan is submitted to the appropriate authority under regulation 28, the appropriate agency must - a make copies of the plan accessible to the public free of charge through its website and at its principal office, and b publish a notice - i stating the fact of submission, and ii specifying the arrangements made for making copies of the plan accessible to the public. 2 an updated plan submitted to the appropriate authority must be accompanied by - a a statement of the steps taken by the appropriate agency to comply with regulation 29 (1) to (4) (public participation), and b a summary of the representations referred to in regulation 29(6) and of any changes made to the plan in light of those representations. 3 if the appropriate authority considers in relation to a plan that further action should be taken by the appropriate agency under regulation 29 (2) to (4), the appropriate authority may direct the appropriate agency - a to take such further steps under those provisions as the appropriate authority may specify in the direction, and b to resubmit the updated plan within such period, if any, as the appropriate authority may specify in the direction. 4 where the appropriate authority gives a direction to the appropriate agency under paragraph (3), it must state its reasons for doing so. 5 this regulation applies in relation to a river basin management plan resubmitted to the appropriate authority in accordance with a direction under paragraph (3) as it applies to the plan as originally submitted, with the modification that, for the reference in paragraph (3) to regulation 29 (2) to (4), there is substituted a reference to this regulation. river basin management plans: approval 31 1 the appropriate authority may, having considered an updated river basin management plan submitted to it and any representations received by the authority in relation to that plan - a approve it, in whole or in part, in the form submitted, b approve it, in whole or in part, either with modifications or subject to such modifications as the appropriate authority may direct the appropriate agency to make, or c reject it. 2 in any case falling within paragraph (1)(b) or (c), the appropriate authority must state its reasons. 3 where the appropriate authority rejects an updated plan, it must direct the appropriate agency to resubmit the plan, by such time, if any, as the direction may specify, with - a modifications of such nature as the direction may specify, and b any further modifications which the appropriate agency considers appropriate. 4 where the appropriate authority approves an updated plan, the appropriate agency must publish the approved plan in such manner as the appropriate agency thinks fit for the purpose of bringing the plan to the attention of the general public and of those persons likely to be interested in or affected by it and, in particular, must - a make copies of the approved plan accessible to the public free of charge through its website and at its principal office, and b publish a notice - i stating that the plan has been approved, and ii specifying the arrangements made for making copies of the plan accessible to the general public. 5 the appropriate authority must ensure that an updated plan is published - a by 22nd december 2021, and b subsequently, by 22nd december of the sixth year following that date and of each sixth year following that. supplementary plans 32 1 the appropriate agency may prepare a supplementary plan for the purposes of supplementing the river basin management plan for a river basin district. 2 a plan prepared under paragraph (1) may, for example, relate to - a a particular description of body of water; b a particular catchment or geographical area; c a particular matter relating to, or aspect of, the water environment; d a particular description of user of water resources. 3 the appropriate agency must, in relation to the preparation of a supplementary plan, consult such of the persons referred to in regulation 29(4) and such other persons likely to be interested in or affected by that plan as the appropriate agency thinks fit, and must take into account any views expressed by those consulted. river basin management plans: duties on public bodies 33 the secretary of state, the welsh ministers, the agency, nrw and each public body must, in exercising their functions so far as affecting a river basin district, have regard to - a the river basin management plan for that district as approved under regulation 31 , and b any supplementary plan prepared under regulation 32 . part 7 general publication of information 34 1 the appropriate agency must make accessible to the public at its principal office - a the results of the work required by regulation 5 (characterisation of river basin districts); b maps showing bodies of water identified under regulation 8 (bodies of water used for the abstraction of drinking water); c the registers prepared under regulation 10 (register of protected areas); d the results of the monitoring programmes established under regulation 11 (monitoring); e the environmental objectives and programmes of measures proposed or approved under regulation 12 (environmental objectives and programmes of measures); f any supplementary plan prepared under regulation 32 (supplementary plans). 2 where the appropriate authority approves (with or without modifications) proposals made by the appropriate agency under regulation 12(1) (environmental objectives and programmes of measures), the appropriate agency must publish a notice - a stating that the proposals have been approved, and b specifying the arrangements made for making the approved objectives and programme of measures accessible to the public. 3 the appropriate authority must make accessible to the public through its website and at its principal office the results of the analysis conducted under regulation 7 (economic analysis of water use in river basin districts). 4 the appropriate authority must ensure that an interim report describing progress in the implementation of the planned programme of measures required to be produced under article 15(3) of the wfd is made available via a central portal which is accessible to the public electronically in accordance with article 7(1) of directive 2003/4/ec of the european parliament and of the council on public access to environmental information . provision of information and assistance 35 1 a public body must, on being requested to do so by the appropriate agency, provide the agency with such information in its possession or under its control and such assistance as the appropriate agency may reasonably seek in connection with the exercise of any of the appropriate agency's functions under these regulations. 2 section 202 of the water resources act 1991 (information and assistance in connection with the control of pollution) has effect as if functions under these regulations were functions under the water pollution provisions of that act. directions 36 1 section 40 of the environment act 1995 (directions to agencies) has effect as if the power in subsection (2) to give directions included a power for the appropriate authority to give directions to any public body for the purposes of giving effect to the wfd. 2 section 122 of the environment act 1995 (directions) applies in relation to any direction given by virtue of paragraph (1) of this regulation. 3 article 11 of the natural resources body for wales (establishment) order 2012 (directions to the natural resources body for wales) has effect as if the power in paragraph (3) of that order to give directions included a power for the appropriate authority to give directions to any public body for the purposes of giving effect to the wfd. 4 article 11a of the natural resources body for wales (establishment) order 2012 (further provision about directions) applies in relation to any direction given by virtue of paragraph (3) of this regulation. 5 the appropriate authority may give guidance to the appropriate agency or to any other public body with respect to the practical implementation of the wfd, and that agency or public body must have regard to it. revocation 37 the 2003 regulations are revoked. transitional provision 38 1 anything done under the 2003 regulations (whether or not subsequently revised), and which has not been superseded at the time these regulations come into force, continues to have effect and is taken to have been done under these regulations. 2 paragraph (1) applies to (but is not limited to) the following - a the analysis of river basin characteristics and review of impact of human activity required to be undertaken by 22nd december 2004 under regulation 5 of the 2003 regulations; b the economic analysis required to be undertaken by 22nd december 2004 under regulation 6 of the 2003 regulations; c the identification of water bodies from which water is abstracted for human consumption under regulation 7 of the 2003 regulations; d the designation of shellfish water protected areas under regulation 7a of the 2003 regulations; e the establishment of a register of protected areas required by 22nd december 2004 under regulation 8 of the 2003 regulations; f the establishment of operational monitoring programmes required by 22nd december 2006 under regulation 9 of the 2003 regulations; g the setting of environmental objectives for each body of water and the establishment of programmes of measures required by 22nd december 2009 under regulation 10 of the 2003 regulations; h the approval of updated river basin management plans required by 22nd december 2015 under regulations 14 and 15 of the 2003 regulations. consequential amendments 39 the consequential amendments in schedule 4 have effect. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 7th march 2017 carwyn jones first minister of wales 15th march 2017

citation, commencement, application and interpretation 1 1 this order may be cited as the school teachers' pay and conditions order 2017 and comes into force on 1st september 2017. 2 this order applies to school teachers in england and wales. 3 in this order, "the document" means the document entitled "school teachers' pay and conditions document 2017 and guidance on school teachers' pay and conditions" published on the gov.uk website. the document 2 the provisions set out in section 2 of the document have effect on and after 1st september 2017 for the purposes of determining - a the remuneration of school teachers, and b other conditions of employment of school teachers which relate to their professional duties and working time. revocation 3 the school teachers' pay and conditions order 2016 is revoked. justine greening secretary of state for education department for education 31st july 2017

citation and commencement 1 this order may be cited as the town and country planning (general permitted development) (england) (amendment) order 2017 and comes into force on 6th april 2017. amendments to the town and country planning (general permitted development) (england) order 2015 2 the town and country planning (general permitted development) (england) order 2015 is amended as follows. amendments in relation to the enlargement, improvement or other alteration of a dwellinghouse 3 in class a of part 1 of schedule 2 - a after paragraph a.1(j), insert - ja any total enlargement (being the enlarged part together with any existing enlargement of the original dwellinghouse to which it will be joined) exceeds or would exceed the limits set out in sub-paragraphs (e) to (j); ; b after paragraph a.2(c), insert - d any total enlargement (being the enlarged part together with any existing enlargement of the original dwellinghouse to which it will be joined) exceeds or would exceed the limits set out in sub-paragraphs (b) and (c). ; c for paragraph a.3(c), substitute - c where the enlarged part of the dwellinghouse has more than a single storey, or forms an upper storey on an existing enlargement of the original dwellinghouse, the roof pitch of the enlarged part must, so far as practicable, be the same as the roof pitch of the original dwellinghouse. ; d after paragraph a.4(2)(a)(iii), insert - iv where the enlarged part will be joined to an existing enlargement of the dwellinghouse, the information in sub-paragraphs (i) to (iii) must be provided in respect of the total enlargement (being the enlarged part together with the existing enlargement to which it will be joined); ; e in paragraph a.4(2)(b), after "development", insert "and any existing enlargement of the original dwellinghouse to which the enlarged part will be joined"; and f for paragraph a.4(5)(a), substitute - a describes the development by setting out the information provided to the authority by the developer under paragraph a.4(2)(a); . amendments in relation to the temporary use of a building as a state-funded school 4 in class c of part 4 of schedule 2 - a in the heading and in paragraph c for "a single academic year" substitute "2 academic years"; b for paragraph c.2(d), substitute - d the permission is granted for up to 2 academic years and it may only be used once in relation to a particular site; ; and c for paragraph c.2(e), substitute - e the site reverts to its previous lawful use at the end of the second academic year or when it is no longer required for use as a state-funded school, whichever is earlier; and . amendments in relation to the temporary use of land for a state-funded school 5 in part 4 of schedule 2, after class c insert - class ca - provision of a temporary state-funded school on previously vacant commercial land permitted development ca. development consisting of the provision of temporary school buildings on vacant commercial land and the use of that land as a state-funded school for up to 3 academic years. development not permitted ca.1. development is not permitted by class ca if - a the new buildings provided would cover more than 50% of the total area of the site; b the total floor space of the new buildings provided would exceed 2,500 square metres; c the land was last used more than 10 years before the date on which the developer applies for prior approval under paragraph ca.2(1)(b); d the site is, or forms part of - i a site of special scientific interest, ii a safety hazard area, or iii a military explosives storage area; e where any land adjacent to the site is used for a purpose within part c of the schedule to the use classes order (residential purposes), any part of any temporary building provided is within 5 metres of the boundary of the curtilage of that residential land; or f the height of any new building provided would exceed 7 metres. conditions ca.2. - (1) development is permitted by class ca subject to the following conditions - a the site must be approved for use as a state-funded school by the relevant minister; b before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the local planning authority will be required as to - i transport and highways impacts of the development, ii noise impacts of the development, iii contamination risks of the site, iv flooding risks on the site, and v the siting and design of the development, and the provisions of sub-paragraphs (2) to (13) of paragraph w (prior approval) of part 3 of this schedule apply in relation to that application, subject to the modifications in paragraph ca.2(2); c development under class ca must begin within a period of 3 years starting with the prior approval date; d the permission is granted for 3 academic years and it may be used only once in relation to a particular site; and e any building is removed from the land at the end of the third academic year or, if earlier, when it is no longer required for use as a state-funded school, and the land is restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer. 2 sub-paragraphs (2) to (13) of paragraph w (prior approval) of part 3 of this schedule are to be read as if - a in sub-paragraph (2)(a), the words following "proposed development" were omitted; b sub-paragraph (2)(ba) were omitted; and c in sub-paragraph (3), the words "in this part" were omitted. interpretation of class ca ca.3. for the purposes of class ca - "academic year", "relevant minister" and "state-funded school" have the meanings given in paragraph c.3; "prior approval date" means the date on which - prior approval is given; or a determination that such prior approval is not required is given or the period for giving such a determination set out in paragraph w(11)(c) of part 3 of this schedule (as applied with modifications by paragraph ca.2(2)) has expired without the applicant being notified whether prior approval is required, given or refused; and "vacant commercial land" means any land on which - all buildings have been demolished; and which was last used for a purpose falling within class b1 (business), class c1 (hotels), class c2 (residential institutions), class c2a (secure residential institutions) or class d2 (assembly and leisure) of the schedule to the use classes order or as a school; . amendments in relation to the erection, extension or alteration of a school 6 in class m of part 7 of schedule 2 - a for paragraph m.1(a)(ii), substitute - ii in the case of a school, 250 square metres and in all other cases, 100 square metres, ; b in paragraph m.1(b), at the beginning, insert "in the case of a college, university or hospital building,"; c after paragraph m.1(b), insert - ba in the case of a school, where any land adjacent to the site is used for a purpose within part c of the schedule to the use classes order (residential purposes), if any part of the proposed development is within 5 metres of the boundary of the curtilage of that residential land; ; and d in paragraph m.3, in the paragraph relating to the interpretation of "school", after "(changes of use)" insert "or which was erected by virtue of class ca of part 4 of this schedule (temporary buildings and uses)". miscellaneous amendments 7 1 in paragraph j.1(c) of part 14 of schedule 2, after "installed", insert "on a roof and". 2 in paragraph b(e) of part 15 of schedule 2, for "undertaking or" substitute "undertaking of". transitional and saving provisions 8 1 the amendments made by article 3 of this order do not apply to - a development for which information was provided to the local planning authority under paragraph a.4(2) of part 1 of schedule 2 to the town and country planning (general permitted development) (england) order 2015 before 6th april 2017; or b building operations which began before 6th april 2017, provided the development is completed by 6th april 2020. 2 where, on or before 6th april 2017, a building is or has been used as a state-funded school under a permission granted by class c of part 4 of schedule 2 to the town and country planning (general permitted development) (england) order 2015 then class c, as amended by this order, applies to such a building as if the reference to "2 academic years" were a reference to "a further academic year". signed by authority of the secretary of state for communities and local government gavin barwell minister of state department for communities and local government 14th march 2017

citation and interpretation 1 1 these regulations may be cited as the immigration act 2016 (commencement no. 7 and transitional provisions) regulations 2017. 2 in these regulations - "the 1999 act " means the immigration and asylum act 1999 ; "the 2016 act " means the immigration act 2016. provisions coming into force on 15th january 2018 2 the following provisions of the 2016 act come into force on 15th january 2018 - a section 61(1) and (2) (immigration bail) except insofar as it relates to the provisions of schedule 10 listed in sub-paragraphs (i) to (iv) of paragraph (c); b section 66 (support for certain categories of migrant) to the extent necessary to bring into force the provisions specified in paragraph (d); c schedule 10 (immigration bail), except for - i sub-paragraphs (2), (3) and (5) to (10) of paragraph 2 (conditions of immigration bail); ii paragraph 7 (removal etc of electronic monitoring condition: bail managed by secretary of state); iii paragraph 8 (amendment etc of electronic monitoring condition: bail managed by first-tier tribunal); and iv paragraph 25 to the extent that it applies, in a modified form, the provisions set out in sub-paragraphs (i) to (iii) above; d in schedule 11 - i paragraph 1 (abolition of power to support certain categories of migrant) to the extent that it repeals section 4(1) of the 1999 act ; ii paragraph 46 (transitional and saving provisions) so far as is relates to the repeal of section 4(1) of the 1999 act. transitional provisions 3 the schedule to these regulations, which contains transitional provisions, has effect. victoria atkins parliamentary under secretary of state home office 7th december 2017

citation and commencement 1 this order may be cited as the capital allowances act 2001 (extension of first-year allowances) (amendment) order 2017 and comes into force on 1st april 2018. amendment of the capital allowances act 2001 2 the capital allowances act 2001 is amended as follows - a in section 45da(1)(a) for "8 years" substitute "11 years", and b in section 45e(1)(a) for "2018" substitute "2021". heather wheeler andrew griffiths two of the lords commissioners for her majesty's treasury 18th december 2017

citation, commencement and extent 1 1 these regulations may be cited as the immigration and nationality (fees) regulations 2017. 2 these regulations, other than the provision cited in paragraph (3), come into force on 6th april 2017. 3 the entry in table 18 described as 18.5.2 in column one of that table (email assistance from the international contact service) in schedule 7 comes into force on 1st june 2017. 4 these regulations extend to england and wales, scotland and northern ireland. 5 regulations 1, 2, 11 and 15 to 18 and schedule 9 extend to the isle of man, but only for the purpose of issuing entry clearance to enter the isle of man. 6 regulations 1, 2, 12 and 15 to 18 and schedule 10 extend to the bailiwick of guernsey and the bailiwick of jersey but only for the purpose of issuing entry clearance to enter the bailiwick concerned. interpretation 2 in these regulations - "the 1971 act " means the immigration act 1971 ; "the 1981 act " means the british nationality act 1981 ; "the 1982 order " means the british protectorates, protected states and protected persons order 1982 ; "the 1999 act " means the immigration and asylum act 1999 ; "the 2002 act " means the nationality, immigration and asylum act 2002 ; "the 2007 act " means the uk borders act 2007 ; "the 2008 regulations " means the immigration (biometric registration) regulations 2008 ; "the 2016 order " means the immigration and nationality (fees) order 2016 ; "administrative review" has the same meaning as provided in the immigration rules ; "approval letter from a designated competent body" means - except in relation to schedule 9 to these regulations, a letter from a designated competent body, within the meaning of the immigration rules, endorsing a proposed application for leave to enter or leave to remain in the united kingdom as a tier 1 (exceptional talent) migrant; in schedule 9 to these regulations, a letter from a designated competent body, within the meaning of the isle of man immigration rules, endorsing a proposed application for leave to enter the isle of man as a tier 1 (exceptional talent) migrant; "being looked after by a local authority" means being looked after by a local authority (or in northern ireland, an authority) under - section 22(1) of the children act 1989 ; section 17(6) of the children (scotland) act 1995 ; article 25(1) of the children (northern ireland) order 1995 ; or section 74(1) of the social services and well-being (wales) act 2014 ; "biometric immigration document" has the same meaning as provided in section 5 of the 2007 act ; "certificate of sponsorship" means - except in relation to schedule 9, an authorisation, allocated by the secretary of state to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the united kingdom as a sponsored worker; in schedule 9, an authorisation allocated by the lieutenant governor to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance to the isle of man as a sponsored worker; " cesc national " means a person who is a national of a state which has ratified the european social charter, agreed by the council of europe at turin on 18th october 1961 ; "child" means a person under the age of 18; "contractor" means a person with whom the secretary of state has entered into a contract, by which the person agrees to provide certain services in connection with immigration or nationality to applicants; " convention rights " means the rights identified as convention rights by section 1 of the human rights act 1998 ; "dependant" in respect of a person means - the spouse or civil partner of that person; someone who has been living with that person in a relationship akin to a marriage or civil partnership for at least two years; or a child of that person; " ec association agreement with turkey " means the agreement establishing an association between the european community and turkey signed at ankara on 12th september 1963 ; "entry clearance" - subject to sub-paragraphs (b) to (d) has the same meaning as provided in section 33(1) of the 1971 act ; in relation to the isle of man has the same meaning as provided in section 33(1) of the 1971 act as extended to the isle of man ; in relation to the bailiwick of guernsey has the same meaning as provided in section 33(1) of the 1971 act as extended to the bailiwick of guernsey ; in relation to the bailiwick of jersey has the same meaning as provided in section 33(1) of the 1971 act as extended to the bailiwick of jersey ; "immigration rules" means the rules made under section 3(2) of the 1971 act; "indefinite leave" has the same meaning as provided in section 33(1) of the 1971 act; "isle of man immigration rules" means the rules made under section 3(2) of the 1971 act as extended to the isle of man ; "leave to enter the united kingdom" means leave to enter the united kingdom given in accordance with the provisions of the 1971 act or the immigration rules and any subsequent variation of that leave; "leave to remain in the united kingdom" means leave to remain in the united kingdom given in accordance with the provisions of the 1971 act or the immigration rules and any subsequent variation of that leave; " life in the uk test " means the test referred to as the life in the uk test in appendix koll to the immigration rules and regulation 5a of the british nationality (general) regulations 2003 ; "limited leave" has the same meaning as provided in section 33(1) of the 1971 act; "main applicant" means the person who has made an application or claim in connection with immigration, as distinct from a person applying as the dependant of such a person; "points-based system" means - except in relation to schedule 9 to these regulations, those categories set out in part 6a of the immigration rules; in schedule 9 to these regulations, those categories set out in part 6a of the isle of man immigration rules; "private medical treatment" means treatment provided outside of the national health service and paid for by the applicant; "process used to take a record of a person's biometric information" means the process, or combination of processes, to which a person may be required to submit in order to enable a record to be taken of that person's biometric information, where the person is required by regulations made under section 41 of the 1981 act , section 126 of the 2002 act or section 5 of the 2007 act to provide such information for the purposes of an application or claim in connection with immigration or nationality; "shortage occupation certificate of sponsorship" means - except in relation to schedule 9, a certificate of sponsorship issued in respect of employment in an occupation listed in the shortage occupation list set out in appendix k to the immigration rules; in relation to schedule 9, a certificate of sponsorship issued in respect of employment in an occupation listed in the shortage occupation list set out in appendix k to the isle of man immigration rules; "sponsor" means a sponsor under part 6a of the immigration rules, except in relation to entry 5.6.1 in table 5 in schedule 1; "sponsor licence" means a licence granted by the secretary of state to a person who, by virtue of such a grant, is licensed as a sponsor; "tier 1 (entrepreneur) migrant", "tier 1 (exceptional talent) migrant", "tier 1 (general) migrant", "tier 1 (graduate entrepreneur) migrant", "tier 1 (investor) migrant", and "tier 1 (post-study work) migrant" - subject to sub-paragraph (b) have the same meaning as provided in the immigration rules; in relation to the isle of man have the same meaning as provided in the isle of man immigration rules; "tier 2 migrant", "tier 2 (general) migrant", "tier 2 (intra-company transfer) long term staff migrant", "tier 2 (intra-company transfer) short term staff migrant", "tier 2 (intra-company transfer) graduate trainee migrant", "tier 2 (intra-company transfer) skills transfer migrant", "tier 2 (minister of religion) migrant", and "tier 2 (sportsperson) migrant" - subject to sub-paragraph (b) have the same meaning as provided in the immigration rules; in relation to the isle of man have the same meaning as provided in the isle of man immigration rules; "tier 4 migrant" - subject to sub-paragraph (b) has the same meaning as provided in the immigration rules; in relation to the isle of man has the same meaning as provided in the isle of man immigration rules; "tier 5 migrant", "tier 5 (temporary worker) migrant" and "tier 5 (youth mobility) temporary migrant" - subject to sub-paragraph (b) have the same meaning as provided in the immigration rules; in relation to the isle of man have the same meaning as provided in the isle of man immigration rules; "travel document" means a document which is not a passport, allowing a person (or, if the person has died, the body of that person) to travel outside the united kingdom, and is issued by the home office to persons who are either refugees or stateless, or cannot obtain or use a passport issued by their own country; " user-pays application centre " means an office at which applicants can access services in connection with immigration or nationality specifically in relation to entry clearance, leave to enter or leave to remain in the united kingdom. fees for applications, processes and services in connection with immigration and nationality 3 schedule 1 (applications for entry clearance to enter, and leave to enter, the united kingdom) has effect to specify - a the amount of the fees for - i specified applications for entry clearance to enter the united kingdom and variation of such leave for the purposes of article 4 of the 2016 order; ii specified applications for entry clearance to enter and leave to enter the united kingdom and variation of such leave to enter for the purposes of article 5 of the 2016 order; iii specified applications for a transit visit visa and an approval letter from a designated competent body for the purposes of article 6 of the 2016 order; and b exceptions to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be waived or reduced. 4 schedule 2 (applications for leave to remain in the united kingdom) has effect to specify - a the amount of the fees for - i specified applications for leave to remain in the united kingdom for the purposes of articles 4 and 5 of the 2016 order; ii applications for an approval letter from a designated competent body for the purposes of article 6 of the 2016 order; and b exceptions to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be reduced. 5 schedule 3 (documents and administration) has effect to specify - a the amount of the fees for specified applications and requests for the purposes of article 6 of the 2016 order; and b exceptions to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be waived or reduced. 6 schedule 4 (sponsorship) has effect to specify the amount of the fees for specified applications, processes, services and premium services for sponsors in relation to sponsorship for the purposes of article 7 of the 2016 order. 7 schedule 5 (consular functions) has effect to specify - a the amount of fees for specified consular functions for the purposes of article 8 of the 2016 order; and b the circumstances in which such fees may be waived. 8 schedule 6 (premium services (in the united kingdom)) has effect to specify - a the amount of the fees for specified premium services offered in the united kingdom for the purposes of article 9 of the 2016 order ; and b the circumstances in which such fees may be waived or reduced. 9 schedule 7 (premium services (outside the united kingdom)) has effect to specify - a the amount of the fees for specified premium services offered outside the united kingdom for the purposes of article 9 of the 2016 order; and b the circumstances in which such fees may be waived or reduced. 10 schedule 8 (nationality) has effect to specify - a the amount of the fees for - i specified applications, processes and services in connection with nationality for the purposes of article 10 of the 2016 order; ii specified applications for certain documents, specified applications for the review of certain applications, or the process of taking a record of an applicant's biometric information for the purposes of article 6 of the 2016 order; and b the circumstances in which the fee for arrangement of a citizenship ceremony must be refunded. 11 schedule 9 (applications for entry clearance to enter the isle of man) has effect to specify - a the amount of the fees for specified applications relating to entry clearance to enter the isle of man for the purposes of articles 4, 5 and 5a of the 2016 order ; and b an exception to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be waived or reduced. 12 schedule 10 (applications for entry clearance to enter the bailiwick of guernsey or the bailiwick of jersey) has effect to specify - a the amount of the fees for specified applications for entry clearance to enter the bailiwick of guernsey or the bailiwick of jersey for the purposes of articles 4 and 5 of the 2016 order ; and b the circumstances in which such fees may be waived. 13 schedule 11 (miscellaneous fees) has effect to specify - a the amount of the fees for - i the administration of the life in the uk test, for the purpose of fee 3.2.1 in the table in article 6 of the 2016 order; and ii an administrative review of a decision for the purpose of article 6 of the 2016 order; and b exceptions to the requirement to pay the fee referred to in (a)(ii), and the circumstances in which such a fee may be waived or reduced. amendment of the first-tier tribunal (immigration and asylum chamber) fees order 2011 14 schedule 12 (amendment of the first-tier tribunal (immigration and asylum chamber) fees order 2011) has effect. rate of exchange 15 where a person seeks to pay any fee specified in these regulations in a currency other than sterling ("the foreign currency"), the fee payable in the foreign currency is determined by reference to the consular rate of exchange applying on the date that the payment is made. consequences of failing to pay the specified fee 16 1 where a person is required to pay a fee specified in these regulations, but fails to pay that fee, the secretary of state may - a reject the application as invalid; or b request the person to pay the outstanding amount. 2 where paragraph (1)(b) applies - a the person must pay the outstanding amount within 10 working days beginning with the day on which the request for payment was made; b if the outstanding amount is not paid within the period mentioned in sub-paragraph (a), the secretary of state must reject the application as invalid. 3 where the request for payment is made - a in writing, the period of 10 working days referred to in paragraph (2)(a) begins on the day that the request is sent; b by telephone or in person, on the day that the request is made. payments for in person applications 17 1 where - a an application is made in person; and b the applicant pays the fee in relation to such an application prior to the date that the application is made, the fee payable is that in relation to the relevant application on the date of payment. 2 in this regulation, the date of payment means the date on which the payment is made by the applicant, unless it is made by post, in which case it means the date that the payment is posted. revocations 18 1 the immigration and nationality (fees) regulations 2015 are revoked for all remaining purposes. 2 the immigration and nationality (fees) regulations 2016 are revoked. robert goodwill minister of state home office 30th march 2017 we consent andrew griffiths guto bebb two of the lords commissioners of her majesty's treasury 30th march 2017

citation and commencement 1 1 these regulations may be cited as the social security (miscellaneous amendments no. 5) regulations 2017. 2 these regulations come into force as follows - a the following provisions, on 21st december 2017 - i this regulation; ii regulation 2(2), and regulation 2(1) in so far as it relates to that provision; iii regulation 5(3), and regulation 5(1) in so far as it relates to that provision; iv regulation 7(2) and (6), and regulation 7(1) in so far as it relates to those provisions; b all other provisions, on 6th december 2018. amendment of the income support (general) regulations 1987 2 1 the income support (general) regulations 1987 are amended as follows. 2 after paragraph 7 of schedule 1b (prescribed categories of person) , insert - certain persons in receipt of the daily living component of personal independence payment 7a a person who is in receipt of the daily living component of personal independence payment at the enhanced rate but only where, immediately before receiving that benefit, the person was entitled to and in receipt of income support because he or she was treated as incapable of work under regulation 10(2)(a)(i) of the social security (incapacity for work) (general) regulations 1995 . . 3 in paragraph 17(c) of schedule 9 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling) , after "the age of 65" insert "or, if it was higher at that time, pensionable age". amendment of the jobseeker's allowance regulations 1996 3 in paragraph 18(c) of schedule 7 to the jobseeker's allowance regulations 1996 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling) , after "the age of 65" insert "or, if it was higher at that time, pensionable age". amendment of the social security and child support (decisions and appeals) regulations 1999 4 omit regulation 7(17b)(b) of the social security and child support (decisions and appeals) regulations 1999 (date from which superseded decisions take effect) . amendment of the state pension credit regulations 2002 5 1 the state pension credit regulations 2002 are amended as follows. 2 in paragraph 14(7) of schedule ii (non-dependant deductions, persons residing with the claimant) - a in sub-paragraph (c), omit the words beginning with "during a period of study" to the end; b omit sub-paragraph (cc). 3 in paragraph 1 of schedule iii (amendment in respect of entitlement for polygamous marriages) - a in sub-paragraph (2), in subsection (1)(b) of the provision that applies instead of section 3(1) - i after "of that section", insert "has attained pensionable age before 6 april 2016 and"; and ii after "age of 65", insert "(before, on or after that date)"; b after sub-paragraph (7) insert - 7a the following provision shall apply instead of regulation 7a (limitation of savings credit for certain mixed-age couples) - 7a 1 this regulation applies if, taking the claimant to be the person in question for the purposes of section 12 (polygamous marriages), - a the case is one to which that section applies; and b at least one of the persons falling within subsection (1)(c) of that section had attained pensionable age before 6 april 2016 and at least one of those persons had not. 2 where this regulation applies, the claimant is not entitled to a savings credit unless the claimant - a has been awarded a savings credit with effect from a day before 6 april 2016 and was entitled to a savings credit immediately before that date; and b remained entitled to a savings credit at all times since the beginning of 6 april 2016. . . 4 in paragraph 10(b) of schedule iv (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after "the age of 65" insert "or, if it was higher at that time, pensionable age". amendment of the housing benefit regulations 2006 6 in regulation 74(7) of the housing benefit regulations 2006 (exceptions from deductions in respect of non-dependants) for "the age of 65" substitute "pensionable age". amendment of 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 31(11)(ba) (treatment of childcare charges: other member of the couple incapacitated) for the words beginning with "claimant's" and ending with "would be" substitute "other member of the couple would be a member of the support group or". 3 in regulation 54 (continuing payments where state pension credit claimed) - a in paragraph (1)(c)(i) omit the words beginning with "or, if" and ending with "65"; b in paragraph (2)(a)(ii) omit "or the age of 65". 4 in regulation 55(7) (exceptions from deductions in respect of non-dependants) - a omit sub-paragraphs (c) and (d); b in sub-paragraph (e), omit the words beginning with "and" and ending with "65". 5 omit regulation 59(10)(a) (date on which change of circumstances is to have effect) . 6 in regulation 69(6)(c) (duty to notify changes of circumstances) , after "weeks" insert "or where the absence is from great britain, which exceeds or is likely to exceed 4 weeks". 7 in the table in paragraph 1 of schedule 3 (personal allowances) - a in entry (1) - i omit paragraph (a) in both columns; ii in paragraph (b) in column (1), for "aged 65 or over" substitute "who has attained pensionable age"; b in entry (2)- i omit paragraph (a) in both columns; ii in paragraph (b) in column (1), for "aged 65 or over" substitute "who have attained pensionable age"; c omit entry (3); d in entry (4), for "are aged 65 or over" substitute "have attained pensionable age". 8 in paragraph 11(b) of schedule 5 (amounts to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling), after "the age of 65" insert "or, if it was higher at that time, pensionable age". amendment of the employment and support allowance regulations 2008 8 in paragraph 18(c) of schedule 8 to the employment and support allowance regulations 2008 (sums to be disregarded in the calculation of income other than earnings: annuities purchased with a loan secured on a dwelling) , after "the age of 65" insert "or, if it was higher at that time, pensionable age". signed by the authority of the secretary of state for work and pensions caroline dinenage parliamentary under secretary of state department for work and pensions 30th november 2017

citation and commencement 1 these regulations may be cited as the social security (scottish infected blood support scheme) regulations 2017 and come into force on 3rd april 2017. amendments to the social security (recovery of benefits) regulations 1997 2 in regulation 2(2) of the social security (recovery of benefits) regulations 1997 (exempted trusts and payments) after sub-paragraph (m) add - n any payment made from the scottish infected blood support scheme administered by the common services agency (constituted by section 10 of the national health service (scotland) act 1978). . amendments to the income support (general) regulations 1987 3 1 the income support (general) regulations 1987 are amended as follows. 2 in regulation 2(1) (interpretation) - a in the definition of "qualifying person" , after "the caxton foundation" insert ", the scottish infected blood support scheme"; b after the definition of "scottish basic rate" insert - "scottish infected blood support scheme" means the scheme of that name administered by the common services agency (constituted by section 10 of the national health service (scotland) act 1978); . 3 in each of the following provisions, after "the caxton foundation" insert ", the scottish infected blood support 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) . amendments to the jobseeker's allowance regulations 1996 4 1 the jobseeker's allowance regulations 1996 are amended as follows. 2 in regulation 1(3) (citation, commencement, interpretation and application) - a in the definition of "qualifying person" , after "the caxton foundation" insert ", the scottish infected blood support scheme"; b after the definition of "scottish basic rate" insert - "scottish infected blood support scheme" means the scheme of that name administered by the common services agency (constituted by section 10 of the national health service (scotland) act 1978); . 3 in each of the following provisions, after "the caxton foundation" insert ", the scottish infected blood support 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) . 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 definition of "qualifying person" , after "the caxton foundation" insert ", the scottish infected blood support scheme"; b after that definition insert - "scottish infected blood support scheme" means the scheme of that name administered by the common services agency (constituted by section 10 of the national health service (scotland) act 1978); . 3 in each of the following provisions, after "the caxton foundation" insert ", the scottish infected blood support scheme" - a paragraph 14(8)(b) of schedule 2 (housing costs) ; b paragraphs 15(1) and (7) of schedule 5 (income from capital) . 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 definition of "qualifying person" , after "the caxton foundation" insert ", the scottish infected blood support scheme"; b after the definition of "scottish basic rate" insert - "scottish infected blood support scheme" means the scheme of that name administered by the common services agency (constituted by section 10 of the national health service (scotland) act 1978); . 3 in each of the following provisions, after "the caxton foundation" insert ", the scottish infected blood support 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 regulation 86(4)(a)(ii) (evidence and information) ; f paragraphs 35(1) and (7) of schedule 5 (sums to be disregarded in the calculation of income) ; g paragraphs 24(1) and (7) and 34 of schedule 6 (capital to be disregarded) . 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 definition of "qualifying person" , after "the caxton foundation" insert ", the scottish infected blood support scheme"; b after the definition of "scottish basic rate" insert - "scottish infected blood support scheme" means the scheme of that name administered by the common services agency (constituted by section 10 of the national health service (scotland) act 1978); . 3 in each of the following provisions, after "the caxton foundation" insert ", the scottish infected blood support scheme" - a regulation 55(10)(b) (non-dependant deductions) ; b regulation 67(4)(a)(ii) (evidence and information) ; c paragraph 16(1)(a) of schedule 6 (capital to be disregarded) . 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) - a in the definition of "qualifying person" , after "the caxton foundation" insert ", the scottish infected blood support scheme"; b after the definition of "scottish basic rate" insert - "scottish infected blood support scheme" means the scheme of that name administered by the common services agency (constituted by section 10 of the national health service (scotland) act 1978); . 3 in each of the following provisions, after "the caxton foundation" insert ", the scottish infected blood support 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) . 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 (j) add - k any payment made from the scottish infected blood support scheme administered by the common services agency (constituted by section 10 of the national health service (scotland) act 1978). . signed by authority of the secretary of state for work and pensions penny mordaunt minister of state department for work and pensions 8th march 2017

citation, commencement and interpretation 1 1 this order may be cited as the scottish infected blood support scheme (application of sections 731, 733 and 734 of the income tax (trading and other income) act 2005) order 2017 and comes into force on 13th april 2017. 2 in this order "scottish scheme" and "scheme beneficiary" have the meanings given in section 731(7) and (8) 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 to a scheme beneficiary pursuant to the scottish 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 the scottish scheme, so far as it relates to a scheme beneficiary. ; b after subsection (6) there is treated as inserted - 7 in this section, "scottish scheme" means the "scheme of support and assistance for those infected with hepatitis c, hiv , or both, as a result of nhs treatment" made by the scottish ministers and dated 21st february 2017. 8 in this section and sections 733 and 734, "scheme beneficiary" means a person listed in paragraph 3(1) of the scottish scheme. 3 for section 733(a) (persons entitled to exemptions for personal injury payments) there is treated as substituted - a the person ("a") who is a scheme beneficiary or who is entitled to the damages under the order, agreement, undertaking or to the compensation under the award in question, . 4 in section 734(1)(a) (payments from trusts for injured persons) after "who is" there is treated as inserted "a scheme beneficiary or who is". andrew griffiths david evennett two of the lords commissioners of her majesty's treasury 20th march 2017

citation and commencement 1 this order may be cited as the railway pensions (substitution) (amendment) order 2017 and comes into force on 12th march 2017. amendments to the railway pensions (substitution) order 1994 2 the railway pensions (substitution) order 1994 is amended as follows. 3 in schedule 2 (payments of capital and interest in respect of the remaining one half of the sum of the capital values specified in articles 3 and 5) - a in paragraphs 2(1), 3(1) and 11(1), for "2003" substitute "2030"; b in paragraph 2(3), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and (d)(ii) of the definition of "relevant amounts", for "7(1)" substitute "7(a1) or (1)"; c in paragraph 3(1), for "7(1)" substitute "7(a1) or (1)"; d in paragraph 3(7), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and (d)(ii) of the definition of "relevant amounts", for "7(1)" substitute "7(a1) or (1)"; e in paragraph 4(2), for "7(1)" substitute "7(a1) or (1)"; and f in paragraph 7 - i before sub-paragraph (1) insert - a1 any interest which has accrued under paragraph 6 on 13th october in any year prior to and including 2030 on the outstanding balance of any table b amount shall, on the day after it has accrued, be added to the outstanding balance of the amount specified in column 2 of table b in relation to the year 10 years later than that year. ; ii in sub-paragraph (1), after "any year" insert "after 2030"; iii in sub-paragraph (2), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and d(ii) of the definition of "y", for "7(1)" substitute "7(a1) or (1)"; and iv in sub-paragraph (4), for "sub-paragraph (1) requires" substitute "sub-paragraph (a1) or (1) requires interest or". amendments to the railway pensions (substitution and miscellaneous provisions) order 1995 4 the railway pensions (substitution and miscellaneous provisions) order 1995 is amended as follows. 5 in schedule 2 (payments of capital and interest in respect of the remaining one half of the sum of the capital values specified in articles 3 and 5) - a in paragraphs 2(1), 3(1) and 11(1), for "2004" substitute "2030"; b in paragraph 2(3), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and (d)(ii) of the definition of "relevant amounts", for "7(1)" substitute "7(a1) or (1)"; c in paragraph 3(1), for "7(1)" substitute "7(a1) or (1)"; d in paragraph 3(7), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and (d)(ii) of the definition of "relevant amounts", for "7(1)" substitute "7(a1) or (1)"; e in paragraph 4(2), for "7(1)" substitute "7(a1) or (1)"; and f in paragraph 7 - i before sub-paragraph (1) insert - a1 any interest which has accrued under paragraph 6 on 13th october in any year prior to and including 2030 on the outstanding balance of any table b amount shall, on the day after it has accrued, be added to the outstanding balance of the amount specified in column 2 of table b in relation to the year 10 years later than that year. ; ii in sub-paragraph (1), after "any year" insert "after 2030"; iii in sub-paragraph (2), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and d(ii) of the definition of "y", for "7(1)" substitute "7(a1) or (1)"; and iv in sub-paragraph (5), for "sub-paragraph (1) requires" substitute "sub-paragraph (a1) or (1) requires interest or". amendments to the railway pensions (designation, substitution and miscellaneous provisions) order 2001 6 the railway pensions (designation, substitution and miscellaneous provisions) order 2001 is amended as follows. 7 in schedule 1 (payments of capital and interest in respect of the sum of the capital values specified in article 4(2) and (4)) - a in paragraph 2(1), for "2010" substitute "2030"; b in paragraph 2(3), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and (d)(ii) of the definition of "relevant amounts", for "7(1)" substitute "7(a1) or (1)"; c in paragraphs 3(1) and 11(1), for "2004" substitute "2030"; and d in paragraph 3(1), for "7(1)" substitute "7(a1) or (1)"; e in paragraph 3(7), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and (d)(ii) of the definition of "relevant amounts", for "7(1)" substitute "7(a1) or (1)"; f in paragraph 4(2), for "7(1)" substitute "7(a1) or (1)"; and g in paragraph 7 - i before sub-paragraph (1) insert - a1 any interest which has accrued under paragraph 6 on 13th october in any year prior to and including 2030 on the outstanding balance of any table b amount shall, on the day after it has accrued, be added to the outstanding balance of the amount specified in column 2 of table b in relation to the year 10 years later than that year. ; ii in sub-paragraph (1), after "any year" insert "after 2030"; iii in sub-paragraph (2), in paragraphs (a), (b), (c)(i), (c)(ii), (d)(i) and d(ii) of the definition of "y", for "7(1)" substitute "7(a1) or (1)"; and iv in sub-paragraph (5), for "sub-paragraph (1) requires" substitute "sub-paragraph (a1) or (1) requires interest or". signed by authority of the secretary of state for transport ahmad of wimbledon parliamentary under secretary of state department for transport 15th february 2017

citation and commencement 1 these regulations may be cited as the motor vehicles (tests) (amendment) regulations 2017 and come into force on 20th may 2018. amendment of the motor vehicles (tests) regulations 1981 2 the motor vehicles (tests) regulations 1981 are amended as follows. 3 in regulation 3(1), before the definition of "authorisation" insert - "american pickup" means a motor vehicle with a manufacturer's declaration (on a plate on the vehicle) that it meets the motor vehicle safety standards applicable under the law in the united states of america or canada and - is capable of carrying a driver and at least one passenger; is capable of carrying goods in an open load bed separate from the driver/passenger compartment, with or without a removable cover; and has a gross design weight over 3,000kg but does not exceed 6,500kg; . 4 in regulation 5 - a for paragraph (1) substitute - 1 for the purposes of these regulations motor vehicles to which they apply are classified as follows - a class i: light motor bicycles in eu categories l1e, l3e and l4e; b class ii : motor bicycles in eu categories l3e and l4e; c class iii : light motor vehicles in eu categories l2e and l5e; d class iv : i motor vehicles in eu categories l5e, l6e, l7e, m1, m2, m3 and n1 not being vehicles within classes iii, iva, v, va , vi , via or vii ; and ii american pickups; e class iva: minibuses, other than vehicles to which paragraph (4) applies, in eu categories m2 and m3 not being vehicles within classes iii, v, va, vi or via, in respect of which any forward-facing seat is fitted with a relevant seat belt; f class v: motor vehicles in eu categories m2 and m3 not being vehicles within class va which are - i large passenger-carrying vehicles; ii public service vehicles - aa of a type specified in paragraph (3), and bb constructed or adapted to carry more than 12 seated passengers, and iii play buses; g class va: motor vehicles, other than vehicles to which paragraph (4) applies, in eu categories m2 and m3 which are - i large passenger-carrying vehicles; ii public service vehicles - aa of a type specified in paragraph (3), and bb constructed or adapted to carry more than 12 seated passengers, and iii play buses, in respect of which any forward-facing seat is fitted with a relevant seat belt; h class vi: public service vehicles, other than those of a type specified in paragraph (3), in eu categories m2 and m3 not being vehicles within class via; i class via: public service vehicles, not being vehicles to which paragraph (4) applies, in eu categories m2 and m3 other than those of a type specified in paragraph (3), in respect of which any forward facing seat is fitted with a relevant seat belt; j class vii: goods vehicles in eu category n1 of which the design gross weight is more than 3,000 kilograms but does not exceed 3,500 kilograms; and (except as otherwise provided in these regulations) any reference in these regulations to a class of vehicles is to be construed accordingly. , b after paragraph (5) insert - 6 in this regulation references to vehicles in eu categories - a l1e to l7e are to those categories as described in annex 1 to regulation (eu) 168/2013 of the european parliament and of the council on the approval and market surveillance of two or three-wheel vehicles and quadricycles ; b m1 to m3, and n1, are to those categories as described in annex 2 to directive 2007/46/ec of the european parliament and of the council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles . . 5 in regulation 6(1) - a in sub-paragraph (xxi), for paragraph (b) substitute - b a vehicle which has an inside track width of less than 810 millimetres; , b omit sub-paragraphs (xxii) and (xxiii), c for sub-paragraph (xxvi), substitute - xxvi a public service vehicle having a date of manufacture before 1st january 1960 and which has not undergone substantial changes in the technical characteristics of its main components; , d at the end insert - xxvii a vehicle which is incapable, by reason of its construction, of exceeding a speed of 15.5 miles per hour on the level under its own power; xxviii a vehicle of historical interest other than a public service vehicle. . 6 in regulation 6(3)(b) for "islands of" substitute "islands of bute, ". 7 in regulation 6(5) at the end insert - "vehicle of historical interest" means a vehicle which is considered to be of historical interest to great britain and which - was manufactured or registered for the first time at least 40 years previously, is of a type no longer in production, and has been historically preserved or maintained in its original state and has not undergone substantial changes in the technical characteristics of its main components, where "type" in relation to a vehicle has the meaning given in paragraph 1 of schedule 3 of the road vehicles (approval) regulations 2009 . . 8 in regulation 31(2) for "2009/40/ ec " substitute "2014/45/eu of the european parliament and of the council of 3 april 2014 on periodic roadworthiness tests for motor vehicles and their trailers" . 9 in paragraph 1 of schedule 2 - a in the table in sub-paragraph (a), in the entry for number 6, in the second column at the beginning insert "22 and", b in the table in sub-paragraph (c), in the entry for number 13a, in the second column for "9" substitute "10". 10 in paragraph 2 of schedule 2 - a in the table in sub-paragraph (b) - i in the entry for item 14, in the second column for "15, 16 and 18" substitute "15 to 17, and 18", ii in the entry for item 15, in the second column after "30" insert "to 32", iii in the entry for item 22, in the second column after "the body" add ", body fittings, interior fittings", and in the third column before "structure and suspension" add "body, body fittings,", b in the table in sub-paragraph (c), in the entry for item 25 - i in the second column for "18 and 23" substitute "18, 20 and 23", ii in the third column for "rear fog lamp" substitute "front and rear fog lamps", c in the table in sub-paragraph (c), after item 26 insert - 26a 18 and 23 reversing lamp 26b 18 and 23 daytime running lamp, d in the table in sub-paragraph (d), in the entry for item 27, for "4, 5, 6, 7 and 9 to 15" substitute "4 to 7 and 10 to 15". 11 in paragraph 3 of schedule 2 - a in sub-paragraph (a), for "2, 3, 4 and 7 to 27" substitute "2 to 4, 7 to 13 and 14 to 27", b in the table in sub-paragraph (b) - i after item 27a insert - 27b 35 and 36 speedometer ii in item 28 after "61" insert "and 61a", and after "emissions" insert "and emission control devices", iii in item 28xb omit ", including its ventilation and any connected switches or fuses,", iv after item 28xe insert - 28xf 100(1) (insofar as it relates to the condition of seats, doors and other openings, body fittings and interior fittings to the extent that such condition may cause danger) cab (including steps and step rings), seats, doors, other openings and driving controls 28xg 100(1) (insofar as it relates to spare wheel and carrier, transmission, engine mountings and steering lock) spare wheel and carrier, transmission, engine mountings and steering lock 28xh 100(1) (insofar as it relates to tyre pressure monitoring systems) tyre pressure monitoring systems c the requirements contained in the following provisions of the lighting regulations - item no. regulations affecting 28xj 18 and 23 end outline marker lamp . 12 in paragraph 3a of schedule 2, in sub-paragraph (a), for "2, 3, 4 and 7 to 28xe" substitute "2 to 4, 7 to 13, 14 to 28xj". 13 in paragraph 4 of schedule 2 - a in sub-paragraph (a) for "2, 3, 4, 7 to 13, 16 to 20, 21, 22, and 24 to 28xe" substitute "2 to 4, 7 to 13, 16 to 22, 24 to 28xg, and 28xj", b in the table in sub-paragraph (b) omit entry 31. 14 in paragraph 4a of schedule 2, for "2, 3, 4, 7 to 13, 16 to 20, 21, 22 and 24 to 33" substitute "2 to 4, 7 to 13, 16 to 22, 24 to 28xg, 28xj, and 29 to 33". 15 in paragraph 5 of schedule 2 - a in sub-paragraph (a) for "2, 3, 4, 7 to 13, 16 to 20, 22, 24, 25, 26, 27, 28 and 29 to 33" substitute "2 to 4, 7 to 13, 16 to 20, 22, 24 to 27b, 28 to 28xg, and 28xj to 33", b omit sub-paragraph (e). 16 in paragraph 5a of schedule 2, in sub-paragraph (a) for "2, 3, 4" substitute "2 to 4" and for "20, 22, 24 to 26, 27, 28 to 38" substitute "20 to 22, 24 to 28xg, 28xj to 38". 17 in paragraph 6 of schedule 2, for "2, 3, 4, 7 to 13, 15 to 28, 29 and 29a" substitute "2 to 4, 7 to 13, 15 to 28xg, and 28xj to 29a". signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 11th september 2017

part 1 introduction citation, commencement, extent and application 1 1 these regulations may be cited as the environmental protection (microbeads) (england) regulations 2017. 2 except as provided in paragraphs (3) and (4), these regulations come into force 21 days after the day on which they are made. 3 paragraph (2) of regulation 3 and, so far as it relates to that paragraph, paragraph (3) of that regulation, and regulation 4, come into force 6 months after the day on which these regulations are made. 4 in relation to an offence under regulation 3(2), regulations 6 to 8 come into force 6 months after the day on which these regulations are made. 5 these regulations extend to england and wales, but apply in relation to england only. interpretation 2 in these regulations - "authorised purpose" means the purpose of determining whether an offence under regulation 3(1) or (2) has been or is being committed, or any requirement of a compliance notice, a stop notice or an enforcement undertaking under these regulations has been or is being contravened; "compliance notice" has the meaning given by paragraph 1(1)(b) of the schedule; "enforcement undertaking" has the meaning given by paragraph 17 of the schedule; "microbead" means any water-insoluble solid plastic particle of less than or equal to 5mm in any dimension; "plastic" means a synthetic polymeric substance that can be moulded, extruded or physically manipulated into various solid forms and that retains its final manufactured shape during use in its intended applications; "the regulator", for the purposes of the enforcement of an offence under regulation 3(1) or (2), means, in relation to any place at which a rinse-off personal care product is manufactured or supplied, the local authority with responsibility for the area in which the place is situated; and for this purpose "local authority" means - in relation to the city of london, the common council for the city of london; in relation to an area in the rest of london, the london borough council for that area; in relation to the isles of scilly, the council of the isles of scilly; in relation to an area in the rest of england, the county council for that area or, where there is no county council for that area, the district council for that area; "rinse-off personal care product" means any substance, or mixture of substances, manufactured for the purpose of being applied to any relevant human body part in the course of any personal care treatment, by an application which entails at its completion the prompt and specific removal of the product (or any residue of the product) by washing or rinsing with water, rather than leaving it to wear off or wash off, or be absorbed or shed, in the course of time; and for this purpose - a "personal care treatment" means any process of cleaning, protecting or perfuming a relevant human body part, maintaining or restoring its condition or changing its appearance; and a "relevant human body part" is - any external part of the human body (including any part of the epidermis, hair system, nails or lips); the teeth; or mucous membranes of the oral cavity; "stop notice" has the meaning given by paragraph 9(2) of the schedule; "supply", in relation to a rinse-off personal care product, means supply by way of sale or its presentation as a promotional prize or gift in the course of a business; "third party undertaking" has the meaning given by paragraph 3(1) of the schedule. part 2 offences offences 3 1 a person who, in the manufacture of any rinse-off personal care product, uses microbeads as an ingredient of that product is guilty of an offence. 2 a person who supplies, or offers to supply, any rinse-off personal care product containing microbeads is guilty of an offence. 3 a person guilty of an offence under paragraph (1) or (2) is liable on summary conviction to a fine. defence of due diligence for suppliers 4 1 subject to paragraphs (2) and (4), in proceedings for an offence under regulation 3(2) it is a defence for a person ("p") to show that p took all reasonable steps and exercised all due diligence to avoid committing the offence. 2 p may not rely on a defence under paragraph (1) which involves a third party allegation unless p has - a served a notice in accordance with paragraph (3); or b obtained the leave of the court. 3 the notice must - a give any information in p's possession which identifies or assists in identifying the person who - i committed the act or default; or ii supplied the information on which p relied; and b be served on the person bringing the proceedings not less than 7 clear days before the hearing of the proceedings. 4 p may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for p to have relied upon the information, having regard in particular - a to the steps that p took, and those which might reasonably have been taken, for the purpose of verifying the information; and b to whether p had any reason to disbelieve the information. 5 in this regulation, "third party allegation" means an allegation that the commission of the offence was due - a to the act or default of another person; or b to reliance on information supplied by another person. time limit for the prosecution of offences 5 1 an information relating to an offence under regulation 3 that is triable by a magistrates' court may be so tried if it is laid within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor. 2 no proceedings are to be brought more than three years after the commission of the offence. part 3 enforcement and civil sanctions enforcement 6 1 the regulator may authorise any person to exercise, for an authorised purpose and in accordance with the terms of the authorisation, any of the powers specified in regulation 8, if that person appears to the regulator suitable to exercise them. 2 an authorisation under paragraph (1) must be in writing. 3 in this part, "enforcement officer" means a person authorised under paragraph (1). civil sanctions 7 the schedule (civil sanctions) has effect for the purpose of the enforcement of an offence under regulation 3(1) or (2). powers of entry and examination etc. 8 1 the powers which an enforcement officer may be authorised to exercise are - a to enter at any reasonable time any premises (other than premises used wholly or mainly as a dwelling) which the enforcement officer has reason to believe it is necessary to enter for an authorised purpose; b when entering any premises under sub-paragraph (a) - i to be accompanied by another enforcement officer; and ii to bring any equipment or materials required for the authorised purpose in question; c on entering any premises under sub-paragraph (a) - i to make such examination and investigation as may be necessary; ii to take such measurements and photographs and make such recordings as the enforcement officer considers necessary for the purpose of any such examination or investigation; and iii to require the production of, or where the information is recorded in computerised form, the furnishing or extracts from, any documents which it is necessary for the enforcement officer to see for the purposes of any such examination or investigation; d as regards any premises which an enforcement officer has power to enter under sub-paragraph (a), to direct that those premises or any part of them, or anything in them, be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of examination or investigation under sub-paragraph (c); e to take any samples, or cause samples to be taken, of any articles or substances found in or on any premises which an enforcement officer has power to enter under sub-paragraph (a), and to cause any such articles or substances to be analysed or tested; f in the case of any such sample, to take possession of it and to retain it for so long as is necessary for all or any of the following purposes - i to examine it, and subject it to any process or test, or cause it to be examined; ii to ensure that it is not tampered with before the examination is completed; iii to ensure that it is available for use as evidence in any proceedings for an offence under these regulations. 2 except in an emergency, where an enforcement officer proposes to enter any premises and - a entry has been refused or the enforcement officer apprehends on reasonable grounds that entry is likely to be refused, and b the enforcement officer apprehends on reasonable grounds that the use of reasonable force may be necessary to effect entry, any entry onto those premises by virtue of paragraph (1)(a) may only be effected under the authority of a warrant. 3 nothing in paragraph (1)(c)(iii) compels the production by a person of any documents of which that person would on grounds of legal professional privilege be entitled to withhold production on an order for disclosure in an action in the county court or high court. 4 an enforcement officer may only exercise the powers in paragraph (1) in the reasonable belief that an offence under regulation 3 has been or is being committed. 5 an enforcement officer seeking to exercise a power under paragraph (1) must produce evidence of identity and authority if requested by a person who is, or appears to be - a a supplier of a rinse-off personal care product or an employee of such a supplier; b a manufacturer of a rinse-off personal care product or an employee of such a manufacturer; or c the owner or occupier of any premises in which the enforcement officer seeks to exercise the power concerned. publication of enforcement action 9 1 where the regulator imposes civil sanctions under these regulations in relation to an offence under regulation 3, the regulator must from time to time publish - a the cases in which the civil sanction has been imposed; b where the civil sanction is a variable monetary penalty or compliance notice, the cases in which a third party undertaking has been accepted; and c the cases in which an enforcement undertaking has been entered into. 2 in paragraph (1)(a), the reference to cases in which the civil sanction has been imposed does not include cases where the sanction has been imposed but overturned on appeal. 3 this regulation does not apply in cases where the regulator considers that publication would be inappropriate. part 4 guidance guidance 10 1 the regulator must publish guidance about its use of civil sanctions under these regulations in relation to an offence under regulation 3. 2 in the case of guidance relating to a variable monetary penalty, compliance notice or stop notice, the guidance must contain the relevant information set out in paragraph (3). 3 the relevant information referred to in paragraph (2) is information as to - a the circumstances in which the requirement or notice is likely to be imposed; b the circumstances in which it may not be imposed; c rights to make representations and objections and rights of appeal; and d in the case of a variable monetary penalty, the matters likely to be taken into account by the regulator in determining the amount of the penalty (including any discounts for voluntary reporting by any person of that person's non-compliance). 4 the regulator must revise the guidance where appropriate. 5 the regulator must consult such persons as it considers appropriate before publishing any guidance or revised guidance under this regulation. 6 the regulator must have regard to the guidance or revised guidance in exercising its functions. additional guidance 11 1 guidance under section 64 of the regulatory enforcement and sanctions act 2008 relating to the use of non-compliance penalties and enforcement recovery costs must (in addition to the matters specified in section 64(2)) specify - a the circumstances in which they may not be imposed; b matters to be taken into account in determining the amount involved; and c rights of appeal. 2 in this regulation, "non-compliance penalty" has the meaning given by paragraph 24(1) of the schedule. part 5 review review 12 1 the secretary of state must - a as soon as reasonably practicable after the end of the period of three years from the date on which these regulations come into force carry out a review of the operation of the provisions in part 3 (enforcement and civil sanctions) and the schedule; b from time to time carry out a review of the regulatory provision contained in these regulations (including part 3 and the schedule); and c publish a report setting out the conclusions of any review. 2 in the case of a review under paragraph (1)(a) - a section 67 of the regulatory enforcement and sanctions act 2008 requires that the review must in particular consider whether the provision has implemented its objectives efficiently and effectively; b the secretary of state, in conducting the review, must consult such persons as the secretary of state considers appropriate; and c the secretary of state must lay a copy of the report under paragraph (1)(c) before parliament. 3 in the case of a review under paragraph (1)(b) - a the first report must be published before the expiry of the period ending five years from the date on which these regulations come into force; b subsequent reports must be published at intervals not exceeding five years; and c section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - i set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(b); ii assess the extent to which those objectives are achieved; iii assess whether those objectives remain appropriate; and iv if those objectives remain appropriate, assess the extent to which they could be achieved in another way which achieves less onerous regulatory provision. 4 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 19th december 2017

citation, commencement and effect 1 1 these regulations may be cited as the value added tax (amendment) regulations 2017 and come into force on 1st april 2017. 2 the changes made by these regulations have effect in relation to - a prescribed accounting periods commencing on or after 1st april 2017; and b the remaining portion of any prescribed accounting period which does not commence on but includes 1st april 2017, where "remaining portion" means that part of the prescribed accounting period which starts on 1st april 2017 and ends on the last day of the prescribed accounting period. 3 where paragraph (2)(b) applies, the changes made by these regulations shall, for the purpose of determining the appropriate percentage applicable to the relevant turnover falling within the remaining portion of the prescribed accounting period, be applied as if the remaining portion were a separate prescribed accounting period. amendment of the value added tax regulations 1995 2 part 7a of the value added tax regulations 1995 (flat-rate scheme for small businesses) is amended as follows. 3 in regulation 55a, after paragraph (3) insert - 4 for the purposes of this part, "limited-cost trader" is a flat-rate trader whose expenditure on relevant goods in any prescribed accounting period, together with any vat chargeable on that expenditure, is less than the specified amount, and - a "relevant goods" are goods used or to be used by a flat-rate trader exclusively for the purposes of the trader's business but excluding the following - i vehicles, vehicle parts and fuel except where the category of business applicable to the flat-rate trader in the table is, in that prescribed accounting period, "transport or storage, including couriers, freight, removals and taxis" and the flat-rate trader owns or leases a vehicle for that business; ii food or beverages for consumption by the flat-rate trader or employees of the flat-rate trader; iii capital expenditure goods; iv goods for the purpose of resale, leasing, letting or hiring out except where the main business activity of the flat-rate trader ordinarily consists of selling, leasing, letting or hiring out such goods; v goods for disposal as promotional items, gifts or donations; b "specified amount" is the higher of - i 2 per cent of the trader's relevant turnover in the prescribed accounting period; and ii where the prescribed accounting period is one year, 1000, and, in any other case, such proportion of 1000 as the length of the accounting period bears to the period of one year. . 4 in regulation 55d, for "55h and 55jb" substitute "55h, 55jb and 55ka". 5 in regulation 55h - a at the beginning of paragraph (1), for "the appropriate percentage" substitute "subject to regulation 55ka, the appropriate percentage"; b in paragraph (2) - i in sub-paragraph (a) - aa for "beginning with a relevant date" substitute "not falling within (b)"; bb for "at the relevant date" substitute "on the first day of the period"; ii omit sub-paragraph (c). 6 in regulation 55jb, at the beginning of paragraph (3), for "at any relevant date" substitute "subject to regulation 55ka, at any relevant date". 7 after regulation 55k insert - appropriate percentage for limited-cost traders 55ka 1 this regulation applies for determining the appropriate percentage to be applied for a prescribed accounting period in which a flat-rate trader is a limited-cost trader. 2 where this regulation applies, the appropriate percentage is that specified in the table for the category of business carried on by the trader in that prescribed accounting period but the number in the right-hand column is to be read as "16.5". 3 except that, where regulation 55jb also applies, the number in the right-hand column is to be read as "15.5". . 8 in regulation 55n - a at the beginning of paragraph (1) for "where - " substitute "subject to paragraph (1a), where - "; b after paragraph (1) insert - 1a paragraph (1) shall not apply where a difference in the appropriate percentage arises only because of the application of regulation 55ka. . jim harra justin holliday two of the commissioners for her majesty's revenue and customs 7th march 2017

part 1 introductory citation and application 1 1 these regulations may be cited as the control of mercury (enforcement) regulations 2017. 2 these regulations apply to the regulation of activities relating to mercury in the united kingdom including - a in the territorial sea (see regulation 3 ), and b in respect of offshore installations in the offshore area (see paragraphs 1 and 2 of schedule 2). commencement 2 1 these regulations (except parts 2 and 3) come into force on 1st january 2018. 2 parts 2 and 3 (which are about civil enforcement except in scotland and the scottish offshore area) come into force on 1st april 2018. interpretation 3 in these regulations - "the mercury regulation" means regulation eu 2017/852 of the european parliament and of the council on mercury, and repealing regulation (ec) no 1102/2008 ; "the ea 1995" means the environment act 1995 ; "the eo 2002" means the environment (northern ireland) order 2002 ; "the tswr 2007" means the transfrontier shipment of waste regulations 2007 ; "the wclo 1997" means the waste and contaminated land (northern ireland) order 1997 ; "the agency" means the environment agency; "civil penalty" is to be read in accordance with regulation 10(2) and (5) ; "civil penalty notice" is to be read in accordance with regulation 10(2) ; " da era " means the department of agriculture, environment and rural affairs in northern ireland; "enforcement notice" is to be read in accordance with the following - regulation 8(2) , in the case of an enforcement notice given by the agency or nrw; regulation 20(2) , in the case of an enforcement notice given by daera; regulation 26(2) , in the case of an enforcement notice given by sepa ; "england" includes the territorial sea which does not form part of northern ireland, scotland or wales; "information notice" is to be read in accordance with regulation 35(2) ; "northern ireland" includes the northern irish area within the meaning given by regulation 4(1) of the tswr 2007 (which describes an area of territorial sea adjacent to northern ireland); "nrw" means the natural resources body for wales; "relevant provision" means a provision listed in schedule 1; "scotland" includes the area of territorial sea falling within the scottish area within the meaning given by regulation 4(1) of the tswr 2007 (which describes an area of sea adjacent to scotland); "sepa" means the scottish environment protection agency; "territorial sea" means the territorial sea adjacent to the united kingdom ; "wales" includes the welsh area within the meaning given by regulation 4(1) of the tswr 2007 (which describes an area of territorial sea adjacent to wales). definitions relating to offshore installations 4 in these regulations, "offshore installation", "offshore area", "english offshore area" and "scottish offshore area" have the meanings given by schedule 2. "enforcing authority" 5 in these regulations, "enforcing authority" means - a the agency, for england and offshore installations in the english offshore area; b daera, for northern ireland; c sepa, for scotland and offshore installations in the scottish offshore area; d nrw, for wales. designation of competent authority 6 the enforcing authority is designated as the competent authority in accordance with article 17 of the mercury regulation (which requires the designation of authorities responsible for performing certain functions under that regulation). part 2 civil enforcement in england and wales application of this part 7 1 this part applies to civil enforcement - a in england and in respect of offshore installations in the english offshore area (see paragraphs 1 and 3 of schedule 2), and b in wales. enforcement notices 8 1 an enforcing authority may give a person an enforcement notice if condition a or b is met. 2 an enforcement notice is a notice requiring the person to take action (including to stop doing any thing). 3 condition a is that the enforcing authority is of the opinion that the person has failed or is failing to comply with a relevant provision or provisions. 4 condition b is that the enforcing authority is of the opinion that the person is likely to fail to comply with a relevant provision or provisions. 5 the action which the enforcing authority may require the person to take is any one or more of the following - a action to ensure compliance with the relevant provision or provisions in question; b action to remediate any environmental damage attributable to the non-compliance in question; c action to remove or mitigate any risk of non-compliance with the relevant provision or provisions in question. 6 an enforcement notice must state - a the matters constituting the failure or likelihood of failure, b the action which must be taken under paragraph (5) , c the period (the "compliance period") within which the action must be taken, d that there is a right to appeal against the enforcement notice and how that right may be exercised, and e the consequences of failing to comply with the enforcement notice (see regulations 9 , 10 , 18 and 41 which relate to action to ensure compliance, civil penalties, civil proceedings and offences respectively). 7 an enforcing authority may withdraw an enforcement notice given by it by informing the person to whom it was given in writing. 8 a person to whom an enforcement notice is given may appeal to the first-tier tribunal against it on one or more of the following grounds - a that the decision to give the enforcement notice was based on an error of fact; b that the decision was wrong in law; c that the nature of what is required by the enforcement notice is unreasonable; d that the decision was unreasonable for any other reason; e any other ground. action by authority to ensure compliance with enforcement notices 9 1 this regulation applies where - a an enforcing authority has given an enforcement notice to a person, and b the enforcing authority is of the opinion that the person has not carried out one or more of the actions referred to in the enforcement notice within the compliance period (see regulation 8(6)(c) ). 2 the enforcing authority may take any of the following action (whether the same as or different to any action referred to in the enforcement notice) - a action to ensure compliance with the relevant provision or provisions in question; b action to remediate any environmental damage attributable to the non-compliance in question; c action to remove or mitigate any risk of non-compliance with the relevant provision or provisions in question. 3 if the enforcing authority proposes that any of the action under paragraph (2) be taken on any premises, the provisions referred to in paragraphs (4) and (5) (which relate to powers of enforcing authorities and persons authorised by them and related matters) apply but as if modified in the way shown. 4 where the agency proposes to take the action, sections 108, 109 and 110 of, and schedule 18 to, the ea 1995 (as they apply in england) apply but as if - a in section 108 there were a reference to the purpose of taking action to ensure compliance with a relevant provision or provisions referred to in an enforcement notice at the end of the list of purposes in subsection (1); b in section 108 there were a reference to taking action to ensure compliance with a relevant provision or provisions referred to in an enforcement notice at the end of the list of powers in subsection (4); c in paragraph 6(1) of schedule 18 the reference in the words before paragraph (a) to any power conferred by section 108(4)(a) or (b) or (5) of this act included a reference to the power conferred by virtue of sub-paragraph (b) above. 5 where nrw proposes to take the action, sections 108, 109 and 110 of, and schedule 18 to, the ea 1995 (as they apply in wales) apply but as if - a in section 108 there were a reference to the purpose of taking action to ensure compliance with a relevant provision or provisions referred to in an enforcement notice at the end of the list of purposes in subsection (1); b in section 108 there were a reference to taking action to ensure compliance with a relevant provision or provisions referred to in an enforcement notice at the end of the list of powers in subsection (4); c in paragraph 6(1) of schedule 18 the reference in the words before paragraph (a) to any power conferred by section 108(4)(a) or (b) or (5) of this act included a reference to the power conferred by virtue of sub-paragraph (b) above. civil penalties 10 1 an enforcing authority may give a person a civil penalty notice if condition a or b is met. 2 a civil penalty notice is a notice requiring the person to pay a civil penalty. 3 condition a is that the enforcing authority is satisfied, on the balance of probabilities, that the person has failed or is failing to comply with a relevant provision. 4 condition b is that the enforcing authority is satisfied, on the balance of probabilities, that the person has failed or is failing to fully comply with an enforcement notice or information notice. 5 an enforcing authority may determine the amount of civil penalty in respect of a failure but the amount must not exceed 200,000. 6 a civil penalty notice must not be given to a person in respect of a failure - a where the enforcing authority has started criminal proceedings against the person under regulation 41 for the failure and those proceedings have not concluded, or b where the person has been convicted of an offence under regulation 41 for the failure. 7 a civil penalty notice must state - a the matters constituting the failure, b the amount of the civil penalty, c how payment must be made, d the period (the "payment period") within which payment must be made, which must not be less than the period of 28 days beginning with the day on which the civil penalty notice is given, e that there is a right to appeal against the civil penalty notice and how that right may be exercised, f the consequences of failing to make payment within the payment period (see regulation 41 which relates to offences and paragraph (9) ). 8 regulation 11 sets out action which must be taken by an enforcing authority before a civil penalty notice can be given by the enforcing authority. 9 following the payment period, the enforcing authority may recover the civil penalty (and any interest payable under regulation 12 ) - a as a civil debt, or b on the order of the court, as if payable under a court order. 10 an enforcing authority may withdraw a civil penalty notice given by it by informing the person to whom it was given in writing. 11 a person to whom a civil penalty notice is given may appeal to the first-tier tribunal against it on one or more of the following grounds - a that the decision to give the civil penalty notice was based on an error of fact; b that the decision was wrong in law; c that the amount of the civil penalty is unreasonable; d that the decision was unreasonable for any other reason; e any other ground. further provision about civil penalties 11 1 an enforcing authority must not give a civil penalty notice to a person unless - a the enforcing authority has given a notice (a "notice of intent") to the person stating that it proposes to give a civil penalty notice to the person, and b the period for representations referred to in paragraph (6) has expired. 2 a notice of intent must state - a the matters constituting the failure to comply with the relevant provision in question or the enforcement notice or information notice, b the maximum amount of the civil penalty, c that the civil penalty will be payable within a period specified in the civil penalty notice, which must not be less than 28 days beginning with the day on which the civil penalty notice is given, d that there is a right to make representations against the notice of intent and how that right may be exercised (see paragraphs (3) to (6) ), and e that the enforcing authority has power to vary the amount of civil penalty referred to in the notice. 3 a person to whom a notice of intent is given may make representations to the enforcing authority about the proposal to give a civil penalty notice to the person. 4 the right to make representations includes (but is not limited to) the right to make representations about the amount of civil penalty which the enforcing authority has power to determine under regulation 10(5) . 5 the representations must be in writing. 6 the representations must be given to the enforcing authority within a period of 28 days beginning with the day on which the notice of intent was given. 7 an enforcing authority may withdraw a notice of intent by informing the person to whom it was given in writing. 8 an enforcing authority must pay any civil penalty and interest under regulation 12 into the consolidated fund. civil penalties: late payment interest 12 1 if a person fails to pay a civil penalty in full within the payment period (see regulation 10(7)(d) ), interest is payable on the outstanding amount. 2 interest falls to be paid at a rate of 8% per annum calculated on a daily basis for the period beginning with the day after the last day of the payment period and ending on the day payment is made or recovered. 3 the total amount of interest payable is not to exceed the civil penalty in question. recovery of enforcement costs 13 1 an enforcing authority may give a costs recovery notice to a person if any of conditions a to c are met. 2 a costs recovery notice is a notice requiring the person to pay the enforcing authority's costs. 3 condition a is that the enforcing authority has given the person an enforcement notice. 4 condition b is that the enforcing authority has taken action to ensure compliance with an enforcement notice under regulation 9 . 5 condition c is that the enforcing authority has given the person a civil penalty notice. 6 in paragraph (2) , the reference to costs is a reference - a if condition a is met, to any costs relating to preparing and giving the enforcement notice, b if condition b is met, to any costs relating to the action taken, and c if condition c is met, to any costs relating to preparing and giving the civil penalty notice, and includes a reference to the costs of any related investigation or expert advice (including legal advice). 7 the costs must be paid by the person within the period (the "payment period") of 28 days beginning with the day on which the costs recovery notice is given. 8 the costs recovery notice must state - a the amount of the costs which must be paid, b in general terms, how those costs have arisen, c the payment period, d how payment must be made, e the consequences of failing to make payment within the payment period (see paragraph (9) ), and f that there is a right to appeal against the costs recovery notice and how that right may be exercised. 9 following the payment period, the enforcing authority may recover the costs referred to in the costs recovery notice and any related interest under regulation 14 - a as a civil debt, or b on the order of the court, as if payable under a court order. 10 an enforcing authority may withdraw a costs recovery notice given by it by informing the person to whom it was given in writing. 11 a person to whom a costs recovery notice is given may appeal to the first-tier tribunal against it on one or more of the following grounds - a that the decision to give the costs recovery notice was based on an error of fact; b that the decision was wrong in law; c that the amount of the costs is unreasonable; d that the decision was unreasonable for any other reason; e any other ground. enforcement costs: late payment interest 14 1 if a person fails to pay the costs referred to in a costs recovery notice in full within the payment period (see regulation 13(7) ), interest is payable on the outstanding amount. 2 interest falls to be paid at a rate of 8% per annum calculated on a daily basis for the period beginning with the day after the last day of the payment period and ending on the day payment is made or recovered. 3 the total amount of interest payable is not to exceed the amount of costs in question. further provision about appeals 15 1 following an appeal under regulation 8(8) , 10(11) or 13(11) , the first-tier tribunal (the "tribunal") may - a cancel the notice; b vary the notice; c confirm the notice; d take any action which the enforcing authority is empowered to take in relation to the failure referred to in the notice; e remit any decision relating to the notice to the enforcing authority. 2 a civil penalty notice or costs recovery notice which is the subject of an appeal is suspended pending the decision of the tribunal. 3 an enforcement notice which is the subject of an appeal is not suspended pending the tribunal's decision on the appeal. multiple enforcement 16 1 an enforcing authority may give (whether or not at the same time) - a an enforcement notice, and b a civil penalty notice, to the same person in respect of the same failure to comply with a relevant provision. 2 an enforcing authority must not (except in the circumstances described in paragraph (3) ) give a civil penalty notice under regulation 10(3) to the same person more than once for the same failure. 3 if a civil penalty notice is given to a person under regulation 10(3) but subsequently withdrawn, the enforcing authority may give a further civil penalty notice to the person for the failure described in the original notice. 4 an enforcing authority must not (except in the circumstances described in paragraph (5) ) give a civil penalty notice under regulation 10(4) to the same person more than once for the same failure. 5 if a civil penalty notice is given to a person under regulation 10(4) but subsequently withdrawn, the enforcing authority may give a further civil penalty notice to the person for the failure described in the original notice. publication of civil enforcement 17 1 each enforcing authority must from time to time publish reports about cases in which civil penalty notices have been given. 2 a report must, for each civil penalty notice which has been given, state - a the person to whom the notice was given, b the nature of the breach, and c the amount of the penalty. 3 an enforcing authority must not publish information under this regulation about a civil penalty notice unless the appeal period referred to in the civil penalty notice has ended. 4 an enforcing authority must not publish information under this regulation about a civil penalty notice which is the subject of an appeal under regulation 8(8) , 10(11) or 13(11) before the appeal is decided. 5 an enforcing authority must not publish information under this regulation about a civil penalty notice which has been withdrawn or cancelled. civil proceedings 18 1 an enforcing authority may (subject to paragraph (5) ) start proceedings in the county court or the high court to secure a remedy against a person if any of conditions a to c are met. 2 condition a is that the enforcing authority is of the opinion that the person has failed or is failing to comply with a relevant provision or provisions. 3 condition b is that the enforcing authority is of the opinion that the person is likely to fail to comply with a relevant provision or provisions. 4 condition c is that the enforcing authority is of the opinion that the person has failed to comply with all or part of an enforcement notice. 5 before starting proceedings under this regulation the enforcing authority must be of the opinion that any other remedy under these regulations would be ineffectual. part 3 enforcement specific to northern ireland application of this part and interpretation 19 1 this part applies to enforcement by daera in northern ireland. 2 in this part, "appeals commission" means the planning appeals commission which continues to be established in accordance with section 203 of the planning act (northern ireland) 2011 . enforcement notices 20 1 daera may give a person an enforcement notice if condition a or b is met. 2 an enforcement notice is a notice requiring the person to take action (including to stop doing any thing). 3 condition a is that daera is of the opinion that the person has failed or is failing to comply with a relevant provision or provisions. 4 condition b is that daera is of the opinion that the person is likely to fail to comply with a relevant provision or provisions. 5 the action which daera may require the person to take is any one or more of the following - a action to ensure compliance with the relevant provision or provisions in question; b action to remediate any environmental damage attributable to the non-compliance in question; c action to remove or mitigate any risk of non-compliance with the relevant provision or provisions in question. 6 an enforcement notice must state - a the matters constituting the failure or likelihood of failure, b the action which must be taken under paragraph (5) , c the period (the "compliance period") within which the action must be taken, d that there is a right to appeal against the enforcement notice and how that right may be exercised, and e the consequences of failing to comply with the enforcement notice (see regulation 21 which relates to action to ensure compliance). 7 daera may withdraw an enforcement notice by informing the person to whom it was given in writing. 8 a person to whom an enforcement notice is given may appeal to the appeals commission against it on one or more of the following grounds - a that the decision to give the enforcement notice was based on an error of fact; b that the decision was wrong in law; c that the nature of what is required by the enforcement notice is unreasonable; d that the decision was unreasonable for any other reason; e any other ground. action by daera to ensure compliance with enforcement notices 21 1 this regulation applies where - a daera has given an enforcement notice to a person, and b daera is of the opinion that the person has not carried out one or more of the actions referred to in the enforcement notice within the compliance period (see regulation 20(6)(c) ). 2 daera may take any of the following action (whether the same as or different to any action referred to in the enforcement notice) - a action to ensure compliance with the relevant provision or provisions in question; b action to remediate any environmental damage attributable to the non-compliance in question; c action to remove or mitigate any risk of non-compliance with the relevant provision or provisions in question. 3 if daera proposes that any of the action under paragraph (2) be taken on any premises, articles 72, 73, 73a and 74 of, and schedule 4 to, the wclo 1997 (which relate to powers of daera and persons authorised by it and related matters) apply but as if - a in article 72 there were a reference to the purpose of taking action to ensure compliance with a relevant provision or provisions referred to in an enforcement notice at the end of the list of purposes in sub-paragraph (1); b in article 72 there were a reference to taking action to ensure compliance with a relevant provision or provisions referred to in an enforcement notice at the end of the list of powers in sub-paragraph (2); c in paragraph 5 of schedule 4 the reference in the words before sub-paragraph (1)(a) to any power conferred by article 72(2)(a) or (b) or (3) included a reference to the power conferred under sub-paragraph (b) above. recovery of enforcement costs 22 1 daera may give a person a costs recovery notice if condition a or b is met. 2 a costs recovery notice is a notice requiring the person to pay daera's costs. 3 condition a is that daera has given the person an enforcement notice. 4 condition b is that daera has taken action to ensure compliance with an enforcement notice under regulation 21 . 5 in paragraph (2) , the reference to costs is a reference - a if condition a is met, to any costs relating to preparing and giving the enforcement notice, and b if condition b is met, to any costs relating to the action taken, and includes a reference to the costs of any related investigation or expert advice (including legal advice). 6 the costs must be paid by the person within the period (the "payment period") - a of 56 days beginning with the day on which the costs recovery notice is given, where the costs recovery notice has not been appealed under paragraph (10) ; b of 28 days beginning with the day on which the appeal has been determined or withdrawn, where the costs recovery notice has been appealed under paragraph (10) . 7 the costs recovery notice must state - a the amount of the costs which must be paid, b in general terms, how those costs have arisen, c the payment period, d how payment must be made, e the consequences of failing to make payment within the payment period (see paragraph (8) ), and f that there is a right to appeal against the costs recovery notice and how that right may be exercised. 8 following the payment period, daera may recover the costs referred to in the costs recovery notice and any related interest under regulation 23 as a civil debt. 9 daera may withdraw a costs recovery notice given by it by informing the person to whom it was given in writing. 10 a person to whom a costs recovery notice is given may appeal to the appeals commission against it on one or more of the following grounds - a that the decision to give the costs recovery notice was based on an error of fact; b that the decision was wrong in law; c that the amount of the costs is unreasonable; d that the decision was unreasonable for any other reason; e any other ground. late payment interest 23 1 if a person fails to pay the costs referred to in a costs recovery notice in full within the payment period, interest is payable on the outstanding amount. 2 interest falls to be paid at a rate of 8% per annum calculated on a daily basis for the period beginning with the day after the last day of the payment period and ending on the day payment is made or recovered. 3 the total amount of interest payable is not to exceed the amount of costs in question. further provision about appeals 24 1 a person (the "appellant") who wishes to appeal to the appeals commission under regulation 20(8) or 22(10) must - a give the appeals commission written notice of the appeal (the "notice of appeal"), b pay the relevant fee (see paragraph (4) ), and c as soon as is reasonably practicable, give daera a copy of the notice of appeal. 2 a notice of appeal must include a statement of the grounds of the appeal. 3 a notice of appeal must be given before the expiry of the period of 28 days beginning with the day on which the enforcement notice was given. 4 the relevant fee is the amount specified in regulation 9(1) of the planning fees (deemed planning applications and appeals) regulations (northern ireland) 2015 . 5 the appeals commission may determine that an appeal is to be determined solely by reference to written representations. 6 the appellant and daera may make written representations to the appeals commission about its determination under paragraph (5) . 7 the appeals commission must take any such representations into account in its determination under paragraph (5) . 8 a costs recovery notice which is the subject of an appeal is suspended pending the appeals commission's decision on the appeal. 9 an enforcement notice which is the subject of an appeal is not suspended pending the appeals commission's decision on the appeal. 10 the appellant may withdraw a notice of appeal by - a giving written notice to the appeals commission stating that the appeal is withdrawn, and b as soon as is reasonably practicable, notifying daera. 11 the appeals commission may (in addition to its power to confirm, reverse or vary a determination under section 204 of the planning act (northern ireland) 2011)) - a take any action daera is empowered to take in relation to the failure referred to in the notice; b remit any decision relating to the notice to daera. 12 a determination of the appeals commission is final. part 4 enforcement specific to scotland application of this part 25 this part applies to enforcement - a in scotland, and b in respect of offshore installations in the scottish offshore area (see paragraphs 1 and 4 of schedule 2). enforcement notices 26 1 sepa may give a person an enforcement notice if condition a or b is met. 2 an enforcement notice is a notice requiring the person to take action (including to stop doing any thing). 3 condition a is that sepa is of the opinion that the person has failed or is failing to comply with the relevant provision or provisions. 4 condition b is that sepa is of the opinion that the person is likely to fail to comply with the relevant provision or provisions. 5 the action which sepa may require the person to take is any one or more of the following - a action to ensure compliance with the relevant provision or provisions in question; b action to remediate any environmental damage attributable to the non-compliance in question; c action to remove or mitigate any risk of non-compliance with the relevant provision or provisions in question. 6 an enforcement notice must state - a the matters constituting the failure or likelihood of failure, b the action which must be taken under paragraph (5) , c the period (the "compliance period") within which the action must be taken, d that there is a right to appeal against the enforcement notice and how that right may be exercised, and e the consequences of failing to comply with the enforcement notice (see regulations 27 , 31 , 32 and 41 which relate to action to ensure compliance, court proceedings, monetary penalties and offences respectively). 7 sepa may withdraw an enforcement notice by informing the person to whom it was given in writing. 8 a person to whom an enforcement notice is given may appeal to the scottish ministers against it on one or more of the following grounds - a that the decision to give the enforcement notice was based on an error of fact; b that the decision was wrong in law; c that the nature of what is required by the enforcement notice is unreasonable; d that the decision was unreasonable for any other reason; e any other ground. action by sepa to ensure compliance with enforcement notices 27 1 this regulation applies where - a sepa has given an enforcement notice to a person, and b sepa is of the opinion that the person has not carried out one or more of the actions referred to in the enforcement notice within the compliance period (see regulation 26(6)(c) ). 2 sepa may take any of the following action (whether the same as or different to any action referred to in the enforcement notice) - a action to ensure compliance with the relevant provision or provisions in question; b action to remediate any environmental damage attributable to the non-compliance in question; c action to remove or mitigate any risk of non-compliance with the relevant provision or provisions in question. 3 if sepa proposes that any of the action under paragraph (2) be taken on any premises, sections 108, 108a, 109 and 110 of, and schedule 18 to, the ea 1995 (as they apply in scotland) apply but as if - a in section 108 there were a reference to the purpose of taking action to ensure compliance with a relevant provision or provisions referred to in an enforcement notice at the end of the list of purposes in subsection (1); b in section 108 there were a reference to taking action to ensure compliance with a relevant provision or provisions referred to in an enforcement notice at the end of the list of powers in subsection (4); c in paragraph 6(1) of schedule 18 the reference in the words before paragraph (a) to any power conferred by section 108(4)(a) or (b) or (5) of this act included a reference to the power conferred by virtue of sub-paragraph (b) above. recovery of enforcement costs 28 1 sepa may give a person a costs recovery notice if condition a or b is met. 2 a costs recovery notice is a notice requiring the person to pay sepa's costs. 3 condition a is that the sepa has given the person an enforcement notice. 4 condition b is that sepa has taken action to ensure compliance with an enforcement notice under regulation 27 . 5 in paragraph (2) , the reference to costs is a reference - a if condition a is met, to any costs relating to preparing and giving the enforcement notice, and b if condition b is met, to any costs relating to the action taken, and includes a reference to the costs of any related investigation or expert advice (including legal advice). 6 the costs must be paid by the person within the period (the "payment period") - a of 56 days beginning with the day on which the costs recovery notice is given, where the costs recovery notice has not been appealed under paragraph (11) ; b of 28 days beginning with the day on which the appeal has been determined or withdrawn, where the costs recovery notice has been appealed under paragraph (11) ; c of so many days as the scottish ministers may specify, where the costs recovery notice has been appealed under paragraph (11) and the scottish ministers have so specified. 7 the costs recovery notice must state - a the amount of the costs which must be paid, b in general terms, how those costs have arisen, c the payment period, d how payment must be made, e the consequences of failing to make payment within the payment period (see paragraph (9) ), and f that there is a right to appeal against the costs recovery notice and how that right may be exercised. 8 following the payment period, sepa may recover the costs referred to in the costs recovery notice and any related interest under regulation 29 as a civil debt. 9 the costs are recoverable as if they were payable under an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of any sheriffdom. 10 sepa may withdraw a costs recovery notice given by it by informing the person to whom it was given in writing. 11 a person to whom a costs recovery notice is given may appeal to the scottish ministers against it on one or more of the following grounds - a that the decision to give the costs recovery notice was based on an error of fact; b that the decision was wrong in law; c that some or all of the costs were not incurred or were unnecessarily incurred; d any other ground. late payment interest 29 1 if a person fails to pay the costs referred to in a costs recovery notice in full within the payment period, interest is payable on the outstanding amount. 2 interest falls to be paid at a rate of 8% per annum calculated on a daily basis for the period beginning with the day after the last day of the payment period and ending on the day payment is made or recovered. 3 the total amount of interest payable is not to exceed the amount of costs in question. further provision about appeals 30 1 following an appeal under regulation 26(8) or 28(11) , the scottish ministers may - a cancel the notice; b vary the notice; c confirm the notice; d take any action which sepa is empowered to take in relation to the failure referred to in the notice; e remit any decision relating to the notice to sepa. 2 a determination of an appeal by the scottish ministers is final. 3 the scottish ministers may - a appoint a person to exercise any function under this regulation on the scottish ministers' behalf, or b refer a matter relating to the exercise of any function under this regulation to a person the scottish ministers may appoint for that purpose. 4 an enforcement notice which is the subject of an appeal is not suspended pending the scottish minister's decision on the appeal. 5 a costs recovery notice which is the subject of an appeal is suspended pending the decision of the scottish ministers. 6 schedule 3 sets out further provision about appeals to the scottish ministers. enforcement by the courts 31 1 sepa may start proceedings in a court of competent jurisdiction to secure a remedy against a person if any of the conditions a to c are met. 2 condition a is that sepa is of the opinion that the person has failed or is failing to comply with a relevant provision or provisions. 3 condition b is that sepa is of the opinion that the person is likely to fail to comply with a relevant provision or provisions. 4 condition c is that sepa is of the opinion that the person has failed or is failing to comply with all or part of an enforcement notice. monetary penalties, costs recovery and enforcement undertakings 32 1 the environmental regulation (enforcement measures) (scotland) order 2015 is amended as follows. 2 at the end of the table in schedule 4 (which relates to relevant offences and fixed penalty amounts) insert - the control of mercury (enforcement) regulations 2017 regulation 41(1) (non-compliance with a relevant provision) yes yes yes medium regulation 41(2) (non-compliance with an enforcement notice) yes yes yes medium regulation 41(3) (non-compliance with an information notice) yes yes yes low regulation 41(4) (giving information which is false or misleading) yes no no high regulation 41(5) (failing to produce a document or record) yes no no low part 5 further provision about enforcement imports and exports: assistance by customs officials 33 1 a customs official may assist an enforcing authority by seizing and detaining any material if the condition in paragraph (2) is met. 2 the condition is that the customs official has reasonable grounds to suspect the material is being exported or imported in breach of any one or more of the following provisions of the mercury regulation - a article 3(1) (which prohibits the export of mercury); b article 3(2) (which prohibits the export of listed mercury compounds); c article 3(4) (which prohibits the export of mercury compounds not listed under article 3(2) for the purposes of reclaiming mercury); d article 4(1) (which prohibits the import of mercury and listed mixtures of mercury, including mercury waste, other than for disposal as waste where the exporting country has no conversion capacity); e article 4(2) (which prohibits the import of other mixtures of mercury and mercury compounds for purposes of reclaiming mercury); f article 4(3) (which prohibits the import of mercury for use in artisanal and small-scale gold mining and processing); g article 5(1) (which prohibits the export, import and manufacturing of listed mercury-added products); h article 8(1) (which prohibits placing on the market new mercury-added products). 3 a customs official is for the purposes of this regulation a person who is - a a general customs official designated under section 3 of the borders, citizenship and immigration act 2009 , or b a customs revenue official designated under section 11 of that act. 4 anything seized and detained must - a not be detained for longer than 5 working days, and b be dealt with in such manner as the secretary of state may direct. 5 a working day is for the purposes of paragraph (4) any day except 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. information sharing 34 1 a relevant authority may disclose information obtained by it in the course of performing a relevant function to any other person if condition a or b is met. 2 condition a is that the disclosure is made in circumstances where it is necessary for the other person to have the information for the purpose of performing a function of that person under any enactment. 3 condition b is that the disclosure is made for the purpose of facilitating the performance by the relevant authority of any relevant function. 4 a relevant function is a function conferred on the relevant authority - a under or by virtue of these regulations, b under section 108 of the ea 1995, or c under article 72 of the wclo 1997. 5 the welsh ministers may disclose relevant information to any other person if the condition in paragraph (7) is met. 6 relevant information is information obtained by the welsh ministers in the course of investigating compliance with article 10(4) of the mercury regulation (which relates to amalgam separators) in accordance with powers conferred under any enactment. 7 the condition is that the disclosure is made in circumstances where it is necessary for the other person to have the information for the purpose of performing a function of that person under any enactment. 8 disclosure which is authorised by this regulation does not breach - a an obligation of confidence owed by the person making the disclosure, or b any other restriction on the disclosure of information (however imposed). 9 but nothing in this regulation authorises the disclosure of information - a where doing so contravenes the data protection act 1998 , or b where that disclosure would, in the opinion of the secretary of state, be contrary to the interests of national security. 10 this regulation does not limit the circumstances in which information may be disclosed apart from this regulation. 11 a person to whom information is disclosed under this regulation may disclose that information onwardly to any other person, subject to paragraph (12) . 12 paragraphs (1) to (4) and (8) to (10) apply in respect of the onward disclosure but as if - a references to a relevant authority were to the person proposing the onward disclosure; b the requirement under paragraph (1) that the information be obtained in the course of performing a relevant function were met. 13 in paragraph (4) , the reference to a function conferred under section 108 of the ea 1995 or article 72 of the wclo 1997 is a reference to the function only in so far as the function is performed in connection with these regulations. 14 in this regulation - "enactment" includes - an enactment comprised in, or in an instrument made under, an act of the parliament of northern ireland, an enactment comprised in, or in an instrument made under, an act of the scottish parliament, and an enactment comprised in, or in an instrument made under, a measure or act of the national assembly for wales; "relevant authority" means - a customs official (within the meaning of regulation 33(3) ), an enforcing authority, or the secretary of state. information notices 35 1 an enforcing authority may give a person an information notice if the condition in paragraph (3) is met. 2 an information notice is a notice requiring the person to give information specified in the notice to the enforcing authority. 3 the condition is that the enforcing authority is of the opinion that it requires the information to perform any one or more of the functions conferred on it under or by virtue of these regulations. 4 an information notice must state - a the information which is required by the enforcing authority, b the period within which the information must be given to the enforcing authority, and c the consequences of failing to comply with the information notice. 5 an enforcing authority may require information to be given in a particular form (for example in an electronic form) by stating this and describing the form in the information notice. 6 an enforcing authority may withdraw an information notice given by it by informing the person to whom it was given in writing. further provision about giving notices 36 1 this regulation applies to the giving of notices under regulations 8 to 13 , 20 , 22 , 26 , 28 and 35 . 2 a notice takes effect when given. 3 a notice may be given to a person by - a handing it to the person, b leaving it at the person's proper address, c sending it by post to the person at that address, or d sending it to the person by electronic means (see paragraph (9) which sets out the circumstances in which a notice may be sent by electronic means). 4 a notice to a body corporate may be given to the secretary or clerk of that body. 5 a notice to a partnership may be given to a partner or a person who has the control or management of the partnership business. 6 for the purposes of this regulation and of section 7 of the interpretation act 1978 (which relates to service of documents by post) in its application to the section, the proper address of a person is - a in the case of a body corporate or its secretary or clerk, the address of the body's registered or principal office; b in the case of a partnership, a partner or person having the control or management of the partnership business, the address of the principal office of the partnership; c in any other case, the person's last known address. 7 for the purposes of paragraph (6) the principal office of a company registered outside the united kingdom, or of a partnership carrying on business outside the united kingdom, is its principal office within the united kingdom. 8 if a person has specified an address in the united kingdom, other than the person's proper address within the meaning of paragraph (6), as the one at which the person or someone on the person's behalf will accept notices of the same description as a notice under regulation 8 , 10 , 11 , 13 , 20 , 22 , 26 , 28 or 35 (as the case may be), that address is also treated for the purposes of this regulation and section 7 of the interpretation act 1978 as the person's proper address. 9 a notice may be sent to a person by electronic means only if - a the person has indicated that notices of the same description as a notice under regulation 8 , 10 , 11 , 13 , 20 , 22 , 26 , 28 or 35 (as the case may be) may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose, and b the notice is sent to that address in that form. 10 a notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given at 9 am on the working day (within the meaning given by regulation 33(5) ) immediately following the day on which it was sent. 11 in this regulation, "electronic address" means any number or address used for the purposes of sending or receiving documents or information by electronic means. authorising imports 37 1 a person (the "applicant") may make an application to an enforcing authority for authorisation to import mercury or a mixture of mercury listed in annex i of the mercury regulation in accordance with the second subparagraph of article 4(1) of that regulation. 2 an application must - a be in writing in such form as the enforcing authority may determine (for example in an electronic form); b contain such information as the enforcing authority may require; c in respect of an application to the agency, nrw or sepa, be accompanied by any charge which it may require pursuant to section 41(1)(k) of the ea 1995; d in respect of an application to daera, be accompanied by any charge which daera may require pursuant to paragraph 9c of schedule 1 to the eo 2002. 3 after receiving an application the enforcing authority must either - a grant the authorisation (subject to conditions if appropriate), or b refuse to grant the authorisation. 4 if an enforcing authority requires the applicant to give further information before reaching its decision, the enforcing authority may write to the applicant stating that it requires that information before any decision is reached. 5 if an enforcing authority requests further information under paragraph (4) , the duty to determine the application under paragraph (3) does not apply until the authority has received the information. 6 the enforcing authority must inform the applicant in writing of - a its decision under paragraph (3) , and b where the decision is to refuse to grant the authorisation, the reasons for the refusal. notification of new mercury-added products and manufacturing processes 38 1 the enforcing authority must perform the functions of the united kingdom under article 8(4) of the mercury regulation (which refers to assessing and forwarding notifications under article 8(3) of that regulation if certain criteria are fulfilled). 2 a notification to the agency, nrw or sepa pursuant to paragraph (1) must be accompanied by any charge which it may require pursuant to section 41(1)(k) of the ea 1995. 3 a notification to daera pursuant to paragraph (1) must be accompanied by any charge which daera may require pursuant to paragraph 9c of schedule 1 to the eo 2002. part 6 offshore installations: assistance by secretary of state offshore installations: assistance by secretary of state 39 1 the secretary of state may assist an enforcing authority performing functions conferred on the authority under these regulations in respect of an offshore installation situated in any one or more of the following areas - a the territorial sea (see regulation 3 ); b the english offshore area (see paragraphs 1 and 3 of schedule 2); c the scottish offshore area (see paragraphs 1 and 4 of schedule 2). 2 the power to assist includes (but is not limited to) power to do either or both of the following - a inspect the offshore installation; b provide the enforcing authority with information about the offshore installation. 3 for those purposes the secretary of state may appoint in writing a person (an "appointed person") to exercise the powers set out in paragraph (4) . 4 the powers are - a to board the offshore installation at any reasonable time; b to be accompanied by any other person authorised by the secretary of state; c to take any equipment or materials which might be required; d to investigate any matter and examine any thing; e to direct that any part of the offshore installation be left undisturbed (whether generally or in particular respects); f to take measurements or photographs or make recordings; g to take samples of any thing found on the offshore installation or in the atmosphere or any land, seabed (including its subsoil) or water in the vicinity of the offshore installation; h to require a person who the appointed person believes is able to give information which is relevant - i to attend at a place and time specified by the appointed person, ii to answer questions, and iii to sign a declaration of truth of that person's answers; i to require the production of any document or record or extract of one and, if required - i make a copy of it; ii take possession of it for so long as is necessary in the opinion of the appointed person (paragraph (6) contains further provision about this); j to require a person to provide facilities and assistance in relation to - i any matters or things within that person's control, or ii which that person has responsibilities. 5 an appointed person must show the person's written appointment to another person if - a the appointed person is proposing to exercise or is exercising a power under paragraph (4) , and b the other person asks to see it. 6 an appointed person must not under paragraph (4) (i) (ii) - a take possession of a document or record (other than to make a copy) if making a copy would be enough; b remove a document or record from any place which is required by law to be kept at the place. 7 an appointment (or authorisation) under any of the following is treated as an appointment for the purposes of paragraph (3) , unless the secretary of state specifies to the contrary - a regulation 16 of the offshore chemicals regulations 2002 ; b regulation 12 of the offshore petroleum activities (oil pollution prevention and control) regulations 2005 ; c regulation 50b of the transfrontier shipment of waste regulations 2007 . admissibility etc. 40 1 an answer given by a person in response to a requirement under regulation 39(4)(h) may be used in evidence against the person, subject to paragraphs (2) to (4). 2 in criminal proceedings against the person - a no evidence relating to the answer may be adduced by or on behalf of the prosecution, and b no question relating to it may be asked by or on behalf of the prosecution. 3 paragraph (2) does not apply if the proceedings are for an offence under - a regulation 44(3) , b section 5 of the perjury act 1911 (false statutory declarations and other false statements without oath) , c section 44(2) of the criminal law (consolidation) (scotland) act 1995 (false statements and declarations not on oath) , or d article 10 of the perjury (northern ireland) order 1979 (false statutory declarations and other false unsworn statements) . 4 paragraph (2) does not apply if, in the proceedings - a evidence relating to the answer is adduced by or on behalf of the person who gave it, or b a question relating to it is asked by or on behalf of that person. 5 nothing in this part is to be taken in england and wales or northern ireland to confer power to compel the production by any person of a document or information in respect of a claim to legal professional privilege. 6 nothing in this part is to be taken in scotland to confer power to compel the production by any person of a document or information in respect of a claim to confidentiality of communications. part 7 criminal enforcement offences in respect of laws relating to mercury, enforcement notices and information 41 1 a person commits an offence if the person fails to comply with a relevant provision. 2 a person commits an offence if the person fails to comply with an enforcement notice. 3 a person commits an offence if the person fails to comply with an information notice. 4 a person commits an offence if the person gives an enforcing authority information which - a the person knows is false or misleading, and b is given in connection with the performance of any function conferred on the enforcing authority under or by virtue of these regulations. 5 a person commits an offence if the person fails to produce a document or record for an enforcing authority performing a function pursuant to regulation 6 . limitation of regulation 41 offences in england and wales only 42 1 proceedings against a person for an offence under regulation 41(1) must not be started if - a a civil penalty notice has been given to the person under regulation 10(3) for the failure, and b the civil penalty notice has not been withdrawn. 2 proceedings against a person for an offence under regulation 41(2) or (3) must not be started if - a a civil penalty notice has been given to the person under regulation 10(4) for the failure, and b the civil penalty notice has not been withdrawn. 3 proceedings against a person for an offence under regulation 41(1) or (2) must not be started if civil proceedings have been started against the person under regulation 18 in respect of the failure. offences relating to customs officials 43 1 a person commits an offence if the person intentionally obstructs a customs official performing a function under regulation 33(1) . 2 a person commits an offence if the person fails, without reasonable excuse, to give a customs official performing a function under regulation 33(1) information which the customs official requires. 3 a person commits an offence if the person gives a customs official performing a function under regulation 33(1) information knowing it to be false or misleading. 4 a person commits an offence if the person fails to produce a document or record for a customs official performing a function under regulation 33(1) when required to do so. offences relating to inspections of offshore installations 44 1 a person commits an offence if the person intentionally obstructs an appointed person performing a function under regulation 39 . 2 a person commits an offence if the person fails, without reasonable excuse, to give an appointed person performing a function under regulation 39 information which the appointed person requires. 3 a person commits an offence if the person gives an appointed person performing a function under regulation 39 information knowing it to be false or misleading. 4 a person commits an offence if the person fails to produce a document or record for an appointed person performing a function under regulation 39 when required to do so. proceedings: partnerships etc. 45 1 proceedings for an offence under this part alleged to have been committed by a partnership must be started in the name of the partnership (and not in that of any of its members). 2 proceedings for an offence under this part alleged to have been committed by an unincorporated association must be started in the name of the association (and not in that of any of its members). 3 a fine imposed on a partnership (other than a scottish partnership) on its conviction of an offence is to be paid out of the funds of the partnership. 4 a fine imposed on an unincorporated association on its conviction of an offence is to be paid out of the funds of the association. 5 rules of court relating to the service of documents have effect as if a partnership or unincorporated association were a body corporate. 6 in proceedings for an offence under this part started against a partnership or an unincorporated association in england and wales, section 33 of the criminal justice act 1925 and schedule 3 to the magistrates' courts act 1980 apply as they do in relation to a body corporate. 7 in proceedings for an offence under this part started against a partnership or an unincorporated association in northern ireland, section 18 of the criminal justice (northern ireland) act 1945 and schedule 4 to the magistrates' courts (northern ireland) order 1981 apply as they do in relation to a body corporate. offences by bodies corporate etc. 46 1 if an offence under this part committed by a body corporate is shown to be one or both of the following - a to have been committed with the consent or the connivance of an officer of the body corporate; b to be attributable to any neglect on the part of an officer, the officer (as well as the body corporate) is guilty of the offence and is 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 their functions of management as if the member was a director of the body. 3 if an offence under this part committed by a partnership is shown to be one or both of the following - a committed with the consent or the connivance of an officer; b attributable to any neglect on the part of an officer, that officer (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly. 4 if an offence under this part committed by an unincorporated association (other than a partnership) is shown to be one or both of the following - a committed with the consent or the connivance of an officer of the association; b attributable to any neglect on the part of an officer, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly. 5 "officer" means - a in relation to a body corporate - i a director, secretary, chief executive, member of the committee of management, or a person purporting to act in such a capacity, or ii an individual who is a controller of the body, or a person purporting to act as a controller; b 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 a capacity; c in relation to a partnership, means a partner, and any manager, secretary or similar officer of the partnership, or a person purporting to act in such a capacity. offences: penalties 47 a person who commits an offence under this part is liable - a on summary conviction in england and wales, to a fine or to imprisonment for a term not exceeding three months or to both; b on summary conviction in northern ireland, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both; c on summary conviction in scotland, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; d on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. part 8 amendments and revocation amendment to section 41 of the environment act 1995 48 in section 41(1) of the ea 1995 (which confers power to make schemes imposing charges), after paragraph (h) insert - k as a means of recovering costs incurred by it in performing functions conferred by regulation eu 2017/852 of the european parliament and of the council of 17 may 2017 on mercury, and repealing regulation (ec) no 1102/2008 , the agency, the natural resources body for wales or sepa may require the payment to it of such charges as may from time to time be prescribed; . amendment to the control of major accident hazards regulations 2015 49 in regulation 3 of the control of major accident hazards regulations 2015 (which relates to the application of those regulations), omit paragraph (2)(g)(ii). amendment to the environment (northern ireland) order 2002 50 in schedule 1 to the eo 2002 (which lists purposes for which regulations may be made under article 4 to that order), after paragraph 9b insert - 9c without prejudice to paragraph 9, authorising the department to make schemes for the charging by enforcing authorities of fees or other charges as a means of recovering costs incurred by them in performing functions conferred by regulation eu 2017/852 of the european parliament and of the council on mercury, and repealing regulation (ec) no 1102/2008 . . revocation of the mercury export and data (enforcement) regulations 2010 51 the mercury export and data (enforcement) regulations 2010 are revoked. thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 4th december 2017

citation and commencement 1 these regulations may be cited as the education (information about children in alternative provision) (england) (amendment) regulations 2017 and come into force on 1st september 2017. amendment of the education (information about children in alternative provision) (england) regulations 2007 2 after regulation 6(k) of the education (information about children in alternative provision)(england) regulations 2007 insert - l individual special educational needs; m primary reason for funded provision placement; n date of entry into funded provision; o date of leaving funded provision; p frequency of attendance. . john nash parliamentary under secretary of state department for education 27th july 2017

citation and commencement 1 these regulations may be cited as the road vehicles (registration and licensing) (amendment) regulations 2017 and come into force on 6th may 2017. amendment of the road vehicles (registration and licensing) regulations 2002 2 the road vehicles (registration and licensing) regulations 2002 are amended as set out in regulation 3. 3 after regulation 27a (exchange of information) insert - cross border exchange of information on road safety related traffic offences 27b 1 subject to paragraph (3), the secretary of state must make the information listed in paragraph (4) available to the national contact point of another member state where requested for the purposes of facilitating the investigation by that member state of any traffic offence listed in paragraph (5) which is alleged to have been committed in that member state, after these regulations come into force, using a vehicle which is registered in the united kingdom pursuant to these regulations. 2 in this regulation the expression "national contact point" means a competent authority designated by a member state, pursuant to article 4(2) of directive 2015/413 of the european parliament and of the council , for the purposes of the exchange of vehicle registration data in relation to the traffic offences listed in paragraph (5). 3 paragraph (1) applies where a national contact point of another member state furnishes the secretary of state with the following information within the period of twelve months beginning with the date of the alleged traffic offence - a the traffic offence listed in paragraph (5) which is alleged to have been committed using the vehicle, b the registration number of the vehicle, c the category of the vehicle and, if known, its make and model, and d the date, time and place of the alleged traffic offence. 4 the information referred to in paragraph (1) is the following in so far as it may be held in the register - a the name and address of the person who was the registered keeper of the vehicle at the time of the alleged traffic offence; b the name and address of the person who was the owner of the vehicle at the time of the alleged traffic offence; c where that person is an individual, that person's date of birth; d where that person is not an individual, the legal status of that person; e the make and model of the vehicle; f the chassis number of the vehicle. 5 this regulation applies to the following traffic offences - a drink driving; b driving while under the influence of drugs; c failing to stop at a red traffic light; d failing to use a seat belt; e failing to wear a safety helmet; f using a mobile telephone or any other communication device while driving; g speeding; h use of a forbidden lane. 6 in this regulation - "drink driving" means driving while impaired by alcohol, "driving while under the influence of drugs" means driving while impaired by drugs or other substances having a similar effect, "failing to stop at a red traffic light" means driving through a red traffic light or any other relevant stop signal, "failing to use a seat belt" means not complying with a requirement to wear a seat belt or to use a child restraint, "failing to wear a safety helmet" means not complying with a requirement to wear a safety helmet, "using a mobile telephone or any other communication device while driving" means illegally using a mobile telephone or any other communication device while driving, "speeding" means exceeding speed limits for the road or type of vehicle concerned, and "use of a forbidden lane" means illegally using part of a road (such as an emergency lane, a public transport lane or a lane temporarily closed for reasons of congestion or road works), in breach of the law of the member state where the traffic offence is alleged to have been committed. 7 the secretary of state is the national contact point for the united kingdom. . signed by authority of the secretary of state for transport ahmad of wimbledon parliamentary under secretary of state department for transport 6th april 2017

citation, commencement and application 1 1 this order may be cited as the road traffic offenders act 1988 (penalty points) (amendment) order 2017 and comes into force on 1st march 2017. 2 this order does not apply to offences committed before this order comes into force. amendment of the road traffic offenders act 1988 2 in part 1 of schedule 2 to the road traffic offenders act 1988 (prosecution and punishment of offences under the traffic acts), in column 7 of the entry relating to section 41d of the road traffic act 1988 , for "3" substitute - a 3, in the case of an offence under section 41d(a). b 6, in the case of an offence under section 41d(b). . signed by authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 24th january 2017

citation and commencement 1 these regulations may be cited as the child tax credit (amendment) regulations 2017 and come into force on 6th april 2017. amendment of the child tax credit regulations 2002 2 the child tax credit regulations 2002 are amended in accordance with regulations 3 to 5 below. 3 in regulation 2(1) (interpretation) - a insert as the first definition - "a", as a noun, has the meaning given by regulation 7(2a); ; b in the definition of "claimant", for the words from "except in regulation 7" to the end substitute "except in regulations 7 and 9 to 14 (for which see regulations 7(1) and 13(13) to (15))"; c before the definition of "joint claim" insert - "income support" means income support under section 124 of the contributions and benefits act; ; d after the definition of the "normally living with test" insert - "old style jsa" means a jobseeker's allowance under the jobseekers act 1995 as that act has effect apart from the amendments made by part 1 of schedule 14 to the welfare reform act 2012 that remove references to an income-based allowance; ; e after the definition of "remunerative work" insert - "step-parent", in relation to a, means a person who is not a's parent but - is a member of a couple, the other member of which is a parent of a, where both are responsible for a; or was previously a member of - a couple, the other member of which was a parent of a, or a polygamous unit (within the meaning of the tax credits (polygamous marriages) regulations 2003 ), another member of which was a parent of a, if immediately prior to ceasing to be a member of that couple or that polygamous unit the person was, and has since remained, responsible for a; . 4 in regulation 7 (determination of the maximum rate at which a person or persons may be entitled to child tax credit) - a in paragraph (1), after "paragraphs" insert "and in regulations 9 to 12 and 14"; b in paragraph (2)(a), after "credit" insert "if the claimant is, or either or both the joint claimants are, responsible for a child or qualifying young person who was born before 6th april 2017"; c in paragraph (2)(b), for "responsible." substitute "responsible, but subject to paragraph (2a); and"; d after paragraph (2)(b) insert - c a disability element of child tax credit in the case of each child or qualifying young person who is disabled or severely disabled. ; e after paragraph (2) insert - 2a where the claimant, or either or both of the joint claimants, is or are responsible for a child or qualifying young person born on or after 6th april 2017 ("a"), the maximum rate referred to in paragraph (2) shall not include an individual element of child tax credit in respect of a unless - a the claimant is, or the joint claimants are, claiming the individual element of child tax credit for no more than one other child or qualifying young person; or b an exception applies in relation to a in accordance with regulation 9. ; and f in paragraph (4) - i omit sub-paragraphs (a), (b), (d) and (e); and ii in sub-paragraphs (c) and (f), for "any other" substitute "a". 5 after regulation 8 insert - individual element: exceptions to the restriction on numbers exceptions for the purposes of regulation 7(2a)(b) 9 1 for the purposes of regulation 7(2a)(b), an exception applies in relation to a if - a a is (in accordance with paragraphs (5) and (6)) the third or subsequent child or qualifying young person for whom the claimant, or either or both of the joint claimants, is or are responsible and any of regulations 10 to 14 applies in relation to a; or b a is (in accordance with paragraphs (5) and (6)) the first or second child or qualifying young person for whom the claimant, or either or both of the joint claimants, is or are responsible and the condition in paragraph (2) is met. 2 the condition in this paragraph is met - a where a is the second child or qualifying young person, if - i there is another child or qualifying young person for whom the claimant, or either or both of the joint claimants, is or are responsible; ii that other child or qualifying young person was born before 6th april 2017; iii the claimant, or either or both of the joint claimants, was or were already responsible for a before the date on which the claimant, or either or both of the joint claimants, became responsible for that other child or qualifying young person; and iv regulation 11 or 12 would have applied in relation to that other child or qualifying young person if references in those regulations to a were references to that other child or qualifying young person; b where a is the first child or qualifying young person, if there is more than one child or qualifying young person who fulfils the description set out in paragraphs (i) to (iv) of sub-paragraph (a). 3 where an exception applies in relation to a by virtue of paragraph (1), an exception applies also in relation to any other child or qualifying young person who was born on or after 6th april 2017 and for whom the claimant, or either or both of the joint claimants, is or are responsible, if - a regulation 7(2a) would (apart from this paragraph) prevent the inclusion of an individual element of child tax credit in respect of that other child or qualifying young person, but would not do so if a were disregarded; and b the claimant, or either or both of the joint claimants, was or were already responsible for that other child or qualifying young person before the date on which the claimant, or either or both of the joint claimants, became responsible for a. 4 where any of regulations 10 to 14 applies in relation to more than one child or qualifying young person, or different ones apply in relation to different children or qualifying young persons - a the reference to a in paragraph (3)(a) is a reference to all the children or qualifying young persons in respect of whom at least one of those regulations applies; and b the date referred to in paragraph (3)(b) is the date on which the claimant, or either or both of the joint claimants, became responsible for the first such child or qualifying young person for whom the claimant, or either or both of the joint claimants, became responsible. 5 for the purposes of paragraphs (1) and (2), whether a is the first, second, third or subsequent child or qualifying young person is determined by treating children and qualifying persons as forming a single class and, subject to paragraph (6), the order of the members within that class is determined by the following date in relation to each member, taking the earliest date first: - a where the claimant, or at least one of the joint claimants, is the member's parent or step-parent (in either case, other than by adoption), the member's date of birth; or b in any other case, the date on which the claimant, or either or both of the joint claimants, became responsible for the member. 6 in a case where - a the date determined under paragraph (5) is the same in respect of two or more members, or b the claimant, or either of the joint claimants, gave birth to a member less than 10 months after becoming responsible for a member in relation to whom regulation 12 applies, their order (as between themselves only) is to be such as the board determines to be appropriate to ensure that the individual element of child tax credit is included in respect of the greatest number of members. 7 where joint claimants became responsible for a child or qualifying young person on different dates, any reference in this regulation to the date on which either or both of the joint claimants became responsible for that child or qualifying young person is a reference to the earliest of those dates. 8 in paragraph (2)(a)(iv), the reference to regulation 11 includes a reference to regulation 14, but only where regulation 14 would have applied because - a the reference to regulation 11 in regulation 14(2)(b) is the reason why the criterion in regulation 14(2)(b) or (5)(b) would have been satisfied; or b the reference to regulation 11 in regulation 14(4)(b) is the reason why the criterion in that sub-paragraph would have been satisfied. multiple births 10 this regulation applies in relation to a if - a the claimant, or at least one of the joint claimants, is a parent (other than an adoptive parent) of a; b a was one of two or more children born as a result of the same pregnancy; c the claimant, or either or both of the joint claimants, is or are responsible for at least two of the children or qualifying young persons born as a result of that pregnancy; and d a is not the first in the order of those children or qualifying young persons as determined in accordance with regulation 9. adoption 11 1 this regulation applies in relation to a if a has been - a placed for adoption with the claimant or either or both of the joint claimants; or b adopted by the claimant, or either or both of the joint claimants, in accordance with - i the adoption and children act 2002 ("the 2002 act"); ii the adoption and children (scotland) act 2007 ("the 2007 act"); or iii the adoption (northern ireland) order 1987 ("the 1987 order"). 2 but this regulation does not apply in relation to a if - a the claimant or at least one of the joint claimants - i was a step-parent of a immediately prior to the adoption; or ii has been a parent of a (other than by adoption) at any time; b the adoption order was made as a convention adoption order within the meaning of - i section 144 of the 2002 act; ii section 119(1) of the 2007 act; or iii article 2(2) of the 1987 order; or c prior to the adoption, a was adopted by the claimant, or either or both of the joint claimants, under the law of any country or territory outside the british islands. non-parental caring arrangements 12 1 this regulation applies in relation to a if the claimant or at least one of the joint claimants - a is a friend or family carer in relation to a; or b is responsible for a child or qualifying young person who is a parent of a. 2 but this regulation does not apply in relation to a if the claimant, or at least one of the joint claimants, is - a a parent of a; or b a step-parent of a. 3 in this regulation, "friend or family carer" means a person who is responsible for a and - a is named, in - i a child arrangements order under section 8 of the children act 1989 , or ii a residence order under article 8 of the children (northern ireland) order 1995 , as a person with whom a is to live; b is a guardian of a appointed under - i section 5 of the children act 1989; ii section 7 of the children (scotland) act 1995 ; or iii article 159 or 160 of the children (northern ireland) order 1995; c is a special guardian of a appointed under section 14a of the children act 1989 ; d is entitled to a guardian's allowance under section 77 of the contributions and benefits act or section 77 of the contributions and benefits (northern ireland) act 1992 in respect of a; e is a person in whose favour a kinship care order, as defined in section 72(1) of the children and young people (scotland) act 2014 , subsists in relation to a; f is a person in whom one or more of the parental responsibilities or parental rights described in section 1 or 2 of that act are vested by a permanence order made in respect of a under section 80 of the adoption and children (scotland) act 2007 ; g fell within any of paragraphs (a) to (f) immediately prior to a's 16th birthday and has since continued to be responsible for a; or h has undertaken the care of a in circumstances in which it is likely that a would otherwise be looked after by a local authority. non-consensual conception 13 1 this regulation applies in relation to a if - a the claimant is a's parent; and b the board determines that - i a is likely to have been conceived as a result of sexual intercourse to which the claimant did not agree by choice, or did not have the freedom and capacity to agree by choice; and ii the claimant is not living at the same address as the other party to that intercourse ("b"). control or coercion 2 for the purposes of paragraph (1)(b)(i), the circumstances in which the claimant is to be treated as not having the freedom or capacity to agree by choice are to include (but are not limited to) circumstances in which, at or around the time a was conceived - a b was - i personally connected to the claimant; and ii repeatedly and continuously engaging in behaviour towards the claimant that was controlling or coercive; and b that behaviour had a serious effect on the claimant. 3 for the purposes of paragraph (2)(a)(i), b is personally connected to the claimant if - a b is in an intimate personal relationship with the claimant; or b b and the claimant live together and - i are members of the same family; or ii have previously been in an intimate personal relationship with each other. 4 for the purposes of paragraph (2)(b), behaviour has a serious effect on the claimant if - a it causes the claimant to fear, on at least two occasions, that violence will be used against the claimant; or b it causes the claimant serious alarm or distress which has a substantial adverse effect on the complainant's day-to-day activities. 5 for the purposes of paragraph (3)(b)(i), b and the claimant are members of the same family if - a they are, or have been, married to each other; b they are, or have been, civil partners of each other; c they are relatives (within the meaning of section 63(1) of the family law act 1996 ); d they have agreed to marry each other (whether or not the agreement has been terminated); e they have entered into a civil partnership agreement (within the meaning of section 73 or 197 of the civil partnership act 2004 ), whether or not the agreement has been terminated; f they are both parents of the same child; g they have, or have had, parental responsibility (within the meaning of section 3 of the children act 1989 or article 6 of the children (northern ireland) order 1995) for the same child; or h they have, or have had, in respect of the same child, one or more of the parental responsibilities or parental rights described in section 1 or 2 of the children (scotland) act 2007. determinations 6 the board may make a determination under paragraph (1)(b)(i) if, and only if - a the claimant provides evidence from an approved person which demonstrates that - i the claimant has had contact with that person or another approved person; and ii the claimant's circumstances are consistent with those of a person to whom paragraph (1)(a) and (b)(i) apply; or b there has been - i a conviction for - aa an offence of rape under section 1 of the sexual offences act 2003 , section 1 of the sexual offences (scotland) act 2009 or article 5 of the sexual offences (northern ireland) order 2008 , bb an offence of controlling or coercive behaviour in an intimate or family relationship under section 76 of the serious crime act 2015 , or cc any offence under the law of any jurisdiction outside the united kingdom that the board considers to be analogous to an offence mentioned in paragraph (aa) or (bb), or ii an award under the criminal injuries compensation scheme in respect of a relevant criminal injury sustained by the claimant, and it appears to the board to be likely (disregarding the matters mentioned in paragraph (7)) that the offence was committed, or the relevant criminal injury was caused, by b and either resulted in the conception of a or diminished the claimant's freedom or capacity to agree by choice to the sexual intercourse which resulted in that conception. 7 in considering, for the purposes of paragraph (6)(b), the likelihood that the offence or injury resulted in the conception of a the matters to be disregarded are any possibilities that the conception of a may have resulted from another such offence or injury, regardless of whether any conviction or award has occurred in respect of that other offence or injury. 8 in paragraph (6)(a), "approved person" means a person of a description specified on a list approved by the board for the purposes of this regulation and acting in the capacity referred to in the description. 9 in paragraph (6)(b)(ii), "relevant criminal injury" means - a a sexual offence (including a pregnancy sustained as a direct result of being the victim of a sexual offence), b physical abuse of an adult, including domestic abuse, or c mental injury, as described in the tariff of injuries in the criminal injuries compensation scheme. 10 in paragraphs (6)(b)(ii) and (9), "criminal injuries compensation scheme" means the criminal injuries compensation scheme or the northern ireland criminal injuries compensation scheme as established from time to time under the criminal injuries compensation act 1995 or the criminal injuries compensation (northern ireland) order 2002 respectively. 11 the board may treat the condition in paragraph (6)(a) as met if the board are satisfied that the claimant has provided the evidence to the secretary of state for corresponding purposes in relation to universal credit, income support or old style jsa. 12 the board may make a determination under paragraph (1)(b)(ii) if the claimant confirms that the criterion in paragraph (1)(b)(ii) is met. application to single and joint claims 13 in this regulation, "claimant", in relation to a single claim, means the person who makes the claim. 14 in relation to a joint claim - a paragraph (1)(b)(i) applies if it applies to either of the joint claimants; and b references in the other provisions of this regulation to "the claimant" mean the joint claimant to whom paragraph (1)(b)(i) applies (and, in paragraphs (6) and (11) include a joint claimant who purports to meet that criterion). 15 in paragraph (14), "joint claimant" means a member of the couple making the claim. continuation of certain exceptions 14 1 this regulation applies in relation to a if - a no other exception applies in relation to a under these regulations; b the claimant, or at least one of the joint claimants, is a's step-parent (and, in this regulation, "c" means the claimant or a joint claimant who is a's step-parent); and c paragraph (2), (4) or (5) applies. 2 this paragraph applies if - a c has previously been entitled to child tax credit jointly with a parent of a; b immediately before that joint entitlement ceased, an exception applied under regulation 9(1) by virtue of regulation 10, 11 or 13 applying in relation to a; c since that joint entitlement ceased, c has continuously been entitled to child tax credit (whether or not jointly with another person); and d where the criterion in sub-paragraph (b) is met by virtue of its reference to regulation 10, the condition in paragraph (3) is met. 3 the condition in this paragraph is that - a the claimant, or either or both of the joint claimants, is or are responsible for one or more other children or qualifying young persons born as a result of the same pregnancy as a; and b a is not the first in the order of those children as determined in accordance with regulation 9. where a corresponding exception previously applied for the purposes of another benefit 4 this paragraph applies if - a within the 6 months immediately preceding the day on which a relevant ctc entitlement began - i c was entitled to an award of universal credit as a member of a couple jointly with a parent of a; or ii c and a parent of a were a couple and either of them was entitled to an award of income support or old style jsa; b immediately before the entitlement mentioned in sub-paragraph (a)(i) or (ii) ceased, the amount of that entitlement included an amount in respect of a by virtue of any exception corresponding, for the purposes of that entitlement, to an exception under regulation 9(1) by virtue of regulation 10, 11 or 13 applying in relation to a; c c has continuously been entitled to child tax credit (whether or not jointly with another person) since the relevant ctc entitlement mentioned in sub-paragraph (a); and d where the criterion in sub-paragraph (b) is met by virtue of its reference to regulation 10, the condition in paragraph (3) is met. 5 this paragraph applies if - a within the 6 months immediately preceding the day on which a relevant ctc entitlement began - i c was entitled to an award of universal credit (whether or not as a member of a couple jointly with another person); or ii c was entitled to an award of income support or old style jsa (whether or not c was in a couple with another person); b immediately before the entitlement mentioned in sub-paragraph (a)(i) or (ii) ceased, the amount of that entitlement included an amount in respect of a by virtue of any exception corresponding, for the purposes of that entitlement, to the exception that, under regulation 9(1), applies where this regulation applies; c c has continuously been entitled to child tax credit (whether or not jointly with another person) since the relevant ctc entitlement mentioned in sub-paragraph (a); and d where the criterion in sub-paragraph (b) is met by virtue of the reference to regulation 10 in paragraph (2), the condition in paragraph (3) is met. interpretation 6 in this regulation - "couple" has the same meaning as in part 1 of the welfare reform act 2012 ; and "relevant ctc entitlement" means an entitlement of c (whether or not jointly with another person) to child tax credit. 7 for the purposes of this regulation, an entitlement of c to child tax credit is to be regarded as continuous despite any interruption of less than 6 months in such an entitlement. . amendment of the tax credits (polygamous marriages) regulations 2003 6 the tax credits (polygamous marriages) regulations 2003 are amended in accordance with regulations 7 to 11 below. 7 in regulation 8 (which modifies section 9 of the tax credits act 2002 ), for "section 9(2)(b)" substitute "both section 9(2)(b) and (3a)". 8 in regulation 23 (which modifies regulation 2(1) of the child tax credit regulations 2002 ), after paragraph (b) insert - c in the definition of "step-parent", in paragraph (a) only, for "couple, the other" substitute "polygamous unit, another"; . 9 in regulation 25 (which modifies regulation 7 of the child tax credit regulations 2002) - a in paragraph (b), for "paragraph (2)(b)(ii)" substitute "both paragraph (2)(a) and (b)(ii)"; and b after paragraph (b) insert - c in paragraph (2a) for "either or both" substitute "any or all". . 10 after regulation 25 insert - 25a in regulation 9 - a in paragraphs (1) to (5) for "either or both" (in each place they appear) substitute "any or all"; b in paragraph (6)(b) for "either" substitute "any"; c in paragraph (7) for "either or both" substitute "any or all". 25b in regulation 10(c) for "either or both" substitute "any or all". 25c in regulation 11 for "either or both" (in each place they appear) substitute "any or all"; 25d in regulation 13 - a in paragraph (14)(a) for "either" substitute "any"; b in paragraph (15) for "couple" substitute "polygamous unit". 25e in regulation 14(3)(a) for "either or both" substitute "any or all". 11 in regulation 50(3) (which modifies regulation 3 of the tax credits (payment by the commissioners) regulations 2002 ), after "individual element" insert ", and any disability element,". david evennett robert syms two of the lords commissioners of her majesty's treasury 14th march 2017

part 1 introduction citation and commencement 1 1 these regulations may be cited as the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017. 2 these regulations come into force on 26th june 2017. prescribed regulations 2 these regulations are prescribed for the purposes of sections 168(4)(b) (appointment of persons to carry out investigations in particular cases) and 402(1)(b) (power of the fca to institute proceedings for certain other offences) of the financial services and markets act 2000 . general interpretation 3 1 in these regulations - "annex 1 financial institution" has the meaning given by regulation 55(2) ; "appropriate body" means any body which regulates or is representative of any trade, profession, business or employment carried on by a relevant person; "auction platform" has the meaning given by regulation 14(1)(c) ; "auditor" (except in regulation 31(4) ) has the meaning given by regulation 11(a) ; "authorised person" means a person who is authorised for the purposes of fsma; "the fca" means the financial conduct authority; "beneficial owner" - in the case of a body corporate or partnership, has the meaning given by regulation 5 ; in the case of a trust or similar arrangement, or the estate of a deceased person in the course of administration, has the meaning given by regulation 6 ; in any other case, has the meaning given by regulation 6(9) ; "body corporate" - includes - a body corporate incorporated under the laws of the united kingdom or any part of the united kingdom, and a body corporate constituted under the law of a country or territory outside the united kingdom; but does not include - a corporation sole, or a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed; "bill payment service provider" means an undertaking which provides a payment service enabling the payment of utility and other household bills; "branch", except where the context otherwise requires, means a place of business that forms a legally dependent part of the entity in question and conducts directly all or some of the operations inherent in its business; "business relationship" has the meaning given by regulation 4 ; "the capital requirements directive" means directive 2013/36/eu of the european parliament and of the council of 26th june 2013 on access 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) no 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 ; "cash" means notes, coins or travellers' cheques, in any currency; "casino" has the meaning given by regulation 14(1)(b) ; "the commissioners" means the commissioners for her majesty's revenue and customs; "contract of long-term insurance" means any contract falling within part 2 of schedule 1 to the financial services and markets act 2000 (regulated activities) order 2001 ; "correspondent relationship" has the meaning given by regulation 34(4) ; "credit institution" has the meaning given by regulation 10(1) ; "customer due diligence measures" means the measures required by regulation 28 , and where relevant, those required by regulations 29 and 33 to 37 ; "department for the economy" means the department for the economy in northern ireland; "designated supervisory authority" has the meaning given by regulation 76(8) ; "document" means anything in which information of any description is recorded; "electronic money" has the meaning given by regulation 2(1) of the electronic money regulations 2011 ; "electronic money institution" has the meaning given by regulation 2(1) of the electronic money regulations 2011; "electronic money issuer" has the meaning given in regulation 2(1) of the electronic money regulations 2011; "eligible scottish partnership" has the meaning given in regulation 3 of the scottish partnerships (register of people with significant control) regulations 2017 (key terms) ; "the emission allowance auctioning regulation" means commission regulation (eu) no 1031/2010 of 12th november 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to directive 2003/87/ec of the european parliament and of the council establishing a scheme for greenhouse gas emission allowances trading within the community ; "enactment" includes - an enactment contained in subordinate legislation; an enactment contained in, or in an instrument made under, an act of the scottish parliament; an enactment contained in, or in an instrument made under, a measure or act of the national assembly for wales; and an enactment contained in, or in an instrument made under, northern ireland legislation; "enhanced customer due diligence measures" means the customer due diligence measures required under regulations 33 to 35 ; "estate agent" has the meaning given by regulation 13(1) ; "european supervisory authorities" means - the european securities and markets authority; the european banking authority; the european insurance and occupational pensions authority; "external accountant" (except in regulation 31(4) ) has the meaning given by regulation 11(c) ; "financial institution" has the meaning given by regulation 10(2) ; "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association; "fourth money laundering directive" means directive 2015/849/eu of the european parliament and of the council of 20th may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing ; "fsma" means the financial services and markets act 2000 ; "funds transfer regulation" means regulation 2015/847/eu of the european parliament and of the council of 20th may 2015 on information accompanying transfers of funds ; "group" has the meaning given by section 421 (group) of fsma ; "high value dealer" has the meaning given by regulation 14(1)(a) ; "independent legal professional" has the meaning given by regulation 12(1) ; "insolvency practitioner" has the meaning given by regulation 11(b) ; "law enforcement authority" has the meaning given by regulation 44(10) ; "local weights and measures authority" has the meaning given by section 69 of the weights and measures act 1985 (local weights and measures authorities) ; "manager", in relation to a firm, means a person who has control, authority or responsibility for managing the business of that firm, and includes a nominated officer; "markets in financial instruments directive" means directive 2014/65/eu of the european parliament and of the council of 15th may 2014 on markets in financial instruments ; "money laundering" has the meaning given by section 340(11) of the proceeds of crime act 2002 ; "money service business" means an undertaking which by way of business operates a currency exchange office, transmits money (or any representation of monetary value) by any means or cashes cheques which are made payable to customers; "the nca" means the national crime agency; "nominated officer" means a person who is nominated to receive disclosures under part 3 (terrorist property) of the terrorism act 2000 or part 7 (money laundering) of the proceeds of crime act 2002; "notice" means a notice in writing; "occasional transaction" means a transaction which is not carried out as part of a business relationship; "officer", except in part 8 and schedule 5 - in relation to a body corporate, means - a director, secretary, chief executive, member of the committee of management, or a person purporting to act in such a capacity, or an individual who is a controller of the body, or a person purporting to act as a controller; in relation to an unincorporated association, means any officer of the association or any member of its governing body, or a person purporting to act in such a capacity; and in relation to a partnership, means a partner, and any manager, secretary or similar officer of the partnership, or a person purporting to act in such a capacity; "ongoing monitoring" (except where the context otherwise requires) means at least the measures described in regulation 28(11) ; "payment services" has the meaning given by regulation 2(1) of the payment services regulations 2009 ; "payment service provider" has the meaning given in regulation 2(1) of the payment services regulations 2009; "politically exposed person" or "pep" has the meaning given by regulation 35(12); "the pra" means the prudential regulation authority; "pra-authorised person" has the meaning given by section 2b(5) of fsma ; "regulated market" - within the eea, has the meaning given by article 4.1(21) of the markets in financial instruments directive; and outside the eea, means a regulated financial market which subjects companies whose securities are admitted to trading to disclosure obligations which are equivalent to the specified disclosure obligations; "relevant parent undertaking" means a relevant person which is a parent undertaking; "relevant person" means a person to whom, in accordance with regulation 8 , parts 1 to 6 and 8 to 11 of these regulations apply; "relevant requirement" has the meaning given by regulation 75; "self-regulatory organisation" means one of the professional bodies listed in schedule 1 to these regulations; "senior management" means an officer or employee of the relevant person with sufficient knowledge of the relevant person's money laundering and terrorist financing risk exposure, and of sufficient authority, to take decisions affecting its risk exposure; "the solvency 2 directive" means 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) ; "specified disclosure obligations" means - disclosure obligations set out in articles 17 and 19 of regulation (eu) no 596/2014 of the european parliament and of the council of 16th april 2014 on market abuse ; disclosure obligations consistent with articles 3, 5, 7, 8, 10, 14 and 16 of directive 2003/71/ec of the european parliament and of the council of 4th november 2003 on the prospectuses to be published when securities are offered to the public or admitted to trading ; disclosure obligations consistent with articles 4 to 6, 14, 16 to 19 and 30 of directive 2004/109/ec of the european parliament and of the council of 15th december 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market ; and disclosure requirements consistent with eu legislation made under the provisions mentioned in sub-paragraphs (a) to (c); "supervisory authority" in relation to - any relevant person, means the supervisory authority specified for such a person by regulation 7 ; any payment service provider, means the transfer of funds supervisory authority; "supervisory functions" means the functions given to a supervisory authority under these regulations; "tax adviser" (except in regulation 31(4) ) has the meaning given by regulation 11(d) ; "telecommunication, digital and it payment service provider" has the meaning given by regulation 53; "terrorist financing" means (except where the context otherwise requires) an act which constitutes 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 ; paragraph 7(2) or (3) of schedule 3 (freezing orders: offences) to the anti-terrorism, crime and security act 2001 ; regulation 10 (contravention and circumvention of prohibitions) of the isil (da'esh) and al-qaida (asset-freezing) regulations 2011 ; or section 11 (freezing of funds and economic resources), 12 (making funds or financial services available to designated person), 13 (making funds or financial services available for benefit of designated person), 14 (making economic resources available to designated person), 15 (making economic resources available for benefit of designated person) or 18 (circumventing prohibitions etc) of the terrorist asset-freezing etc act 2010 ; "third country" means a state other than an eea state; "transfer of funds supervisory authority" means the supervisory authority specified for payment service providers in regulation 62 ; "trust or company service provider" has the meaning given in regulation 12(2) . 2 in these regulations - a references to an amount in euros includes reference to an equivalent amount in any currency; b the equivalent in sterling (or any other currency) on a particular day of a sum expressed in euros is determined by converting the sum in euros into its equivalent in sterling or that other currency using the london closing exchange rate for the euro and the relevant currency for the previous working day; c references to "real property" include, in relation to scotland, references to heritable property; d references to business being carried on in the united kingdom, or a person carrying on business in the united kingdom, are to be read in accordance with regulation 9 ; e references to a person having a "qualifying relationship" with a pra-authorised person, or with an authorised person are to be read in accordance with section 415b(4) of fsma ; f "parent undertaking" and "subsidiary undertaking" have the same meaning as in the companies acts (see section 1162 of and schedule 7 to, the companies act 2006 (parent and subsidiary undertaking) ). meaning of business relationship 4 1 for the purpose of these regulations, "business relationship" means a business, professional or commercial relationship between a relevant person and a customer, which - a arises out of the business of the relevant person, and b is expected by the relevant person, at the time when contact is established, to have an element of duration. 2 a relationship where the relevant person is asked to form a company for its customer is to be treated as a business relationship for the purpose of these regulations, whether or not the formation of the company is the only transaction carried out for that customer. 3 for the purposes of these regulations, an estate agent is to be treated as entering into a business relationship with a purchaser (as well as with a seller), at the point when the purchaser's offer is accepted by the seller. meaning of beneficial owner: bodies corporate or partnership 5 1 in these regulations, "beneficial owner", in relation to a body corporate which is not a company whose securities are listed on a regulated market, means - a any individual who exercises ultimate control over the management of the body corporate; b any individual who ultimately owns or controls (in each case whether directly or indirectly), including through bearer share holdings or by other means, more than 25% of the shares or voting rights in the body corporate; or c an individual who controls the body corporate. 2 for the purposes of paragraph (1)(c), an individual controls a body corporate if - a the body corporate is a company or a limited liability partnership and that individual satisfies one or more of the conditions set out in part 1 of schedule 1a to the companies act 2006 (people with significant control over a company) ; or b the body corporate would be a subsidiary undertaking of the individual (if the individual was an undertaking) under section 1162 (parent and subsidiary undertakings) of the companies act 2006 read with schedule 7 to that act. 3 in these regulations, "beneficial owner", in relation to a partnership (other than a limited liability partnership), means any individual who - a ultimately is entitled to or controls (in each case whether directly or indirectly) more than 25% share of the capital or profits of the partnership or more than 25% of the voting rights in the partnership; b satisfies one or more the conditions set out in part 1 of schedule 1 to the scottish partnerships (register of people with significant control) regulations 2017 (references to people with significant control over an eligible scottish partnership) ; or c otherwise exercises ultimate control over the management of the partnership. 4 in this regulation "limited liability partnership" has the meaning given by the limited liability partnerships act 2000 . meaning of beneficial owner: trusts, similar arrangements and others 6 1 in these regulations, "beneficial owner", in relation to a trust, means each of the following - a the settlor; b the trustees; c the beneficiaries; d where the individuals (or some of the individuals) benefiting from the trust have not been determined, the class of persons in whose main interest the trust is set up, or operates; e any individual who has control over the trust. 2 in paragraph (1) (e), "control" means a power (whether exercisable alone, jointly with another person or with the consent of another person) under the trust instrument or by law to - a dispose of, advance, lend, invest, pay or apply trust property; b vary or terminate the trust; c add or remove a person as a beneficiary or to or from a class of beneficiaries; d appoint or remove trustees or give another individual control over the trust; e direct, withhold consent to or veto the exercise of a power mentioned in sub-paragraphs (a) to (d). 3 in these regulations, "beneficial owner", in relation to a foundation or other legal arrangement similar to a trust, means those individuals who hold equivalent or similar positions to those set out in paragraph (1) . 4 for the purposes of paragraph (1) - a where an individual is the beneficial owner of a body corporate which is entitled to a specified interest in the capital of the trust property or which has control over the trust, the individual is to be regarded as entitled to the interest or having control over the trust; and b an individual ("p") does not have control solely as a result of - i p's consent being required in accordance with section 32(1)(c) (power of advancement) of the trustee act 1925 ; ii any discretion delegated to p under section 34 (power of investment and delegation) of the pensions act 1995 ; iii the power to give a direction conferred on p by section 19(2) (appointment and retirement of trustee at instance of beneficiaries) of the trusts of land and appointment of trustees act 1996 ; or iv the power exercisable collectively at common law to vary or extinguish a trust where the beneficiaries under the trust are of full age and capacity and (taken together) absolutely entitled to the property subject to the trust (or, in scotland, have a full and unqualified right to the fee). 5 for the purposes of paragraph (4), "specified interest" means a vested interest which is - a in possession or in remainder or reversion (or in scotland, in fee); and b defeasible or indefeasible. 6 in these regulations, "beneficial owner", in relation to an estate of a deceased person in the course of administration, means - a in england and wales and northern ireland, the executor, original or by representation, or administrator for the time being of a deceased person; b in scotland, the executor for the purposes of the executors (scotland) act 1900 . 7 in these regulations, "beneficial owner", in relation to a legal entity or legal arrangement which does not fall within regulation 5 or paragraphs (1), (3) or (6) of this regulation, means - a any individual who benefits from the property of the entity or arrangement; b where the individuals who benefit from the entity or arrangement have yet to be determined, the class of persons in whose main interest the entity or arrangement is set up or operates; c any individual who exercises control over the property of the entity or arrangement. 8 for the purposes of paragraph (7), where an individual is the beneficial owner of a body corporate which benefits from or exercises control over the property of the entity or arrangement, the individual is to be regarded as benefiting from or exercising control over the property of the entity or arrangement. 9 in these regulations, "beneficial owner", in any other case, means the individual who ultimately owns or controls the entity or arrangement or on whose behalf a transaction is being conducted. supervisory authorities 7 1 subject to paragraph (2) , the following bodies are supervisory authorities in relation to relevant persons - a the fca is the supervisory authority for - i credit and financial institutions (including money service businesses) which are authorised persons but not excluded money service businesses; ii trust or company service providers which are authorised persons; iii annex 1 financial institutions; iv electronic money institutions; v auction platforms; vi credit unions in northern ireland; vii recognised investment exchanges within the meaning of section 285 of fsma (exemption for recognised investment exchanges and clearing houses); b each of the professional bodies listed in schedule 1 is the supervisory authority for relevant persons who are members of it, or regulated or supervised by it; c the commissioners are the supervisory authority for - i high value dealers; ii money service businesses which are not supervised by the fca; iii trust or company service providers which are not supervised by the fca or one of the professional bodies listed in schedule 1; iv auditors, external accountants and tax advisers who are not supervised by one of the professional bodies listed in schedule 1; v bill payment service providers which are not supervised by the fca; vi telecommunication, digital and it payment service providers which are not supervised by the fca; vii estate agents which are not supervised by one of the professional bodies listed in schedule 1; d the gambling commission is the supervisory authority for casinos. 2 where under paragraph (1) , there is more than one supervisory authority for a relevant person, the supervisory authorities may agree that one of them will act as the supervisory authority for that person. 3 where there has been an agreement under paragraph (2) , the authority which has agreed to act as the supervisory authority must notify the relevant person or publish the agreement in such manner as it considers appropriate. 4 where there has not been an agreement under paragraph (2) , the supervisory authorities for a relevant person must co-operate in the performance of their functions under these regulations. 5 for the purposes of paragraph (1)(a)(i), a money service business is an "excluded money service business" if it is an authorised person who has permission under fsma which relates to or is connected with a contract of the kind mentioned in paragraph 23 or 23b of schedule 2 to that act (credit agreements and contracts for hire of goods) but does not have permission to carry on any other kind of regulated activity. 6 paragraph (5) must be read with - a section 22 of fsma (regulated activities) ; b any relevant order under that section; and c schedule 2 to that act. 7 for the purposes of paragraph (1), a credit union in northern ireland is a credit union which is - a registered under regulation 3 of the credit unions (northern ireland) order 1985 (registration) and it is an authorised person; or b registered under part 2 of the industrial and provident societies act (northern ireland) 1969 (registered societies) as a credit union and it is an authorised person. part 2 money laundering and terrorist financing chapter 1 application application 8 1 parts 1 to 6 and 8 to 11 apply to the persons ("relevant persons") acting in the course of business carried on by them in the united kingdom, who - a are listed in paragraph (2); and b do not come within the exclusions set out in regulation 15 . 2 the persons listed in this paragraph are - a credit institutions; b financial institutions; c auditors, insolvency practitioners, external accountants and tax advisers; d independent legal professionals; e trust or company service providers; f estate agents; g high value dealers; h casinos. 3 regulations 3 , 7 , 9 , 15 , 17 to 21 , 24 , 25 , 46 , 47 , 50 to 52 , 65 to 82 , 84 , 86 to 93 , 101, 102 and 106 apply to an auction platform acting in the course of business carried on by it in the united kingdom, and such an auction platform is a relevant person for the purposes of those provisions. 4 the definitions in regulations 10 to 14 apply for the purposes of this regulation. carrying on business in the united kingdom 9 1 for the purposes of these regulations, a relevant person ("a") is to be regarded as carrying on business in the united kingdom in the cases described in this regulation even if a would not otherwise be regarded as doing so. 2 the first case is where - a a's registered office (or if a does not have a registered office, a's head office) is in the united kingdom; b a is entitled to exercise rights under a single market directive as a uk firm (within the meaning of paragraph 10 of schedule 3 to fsma (eea passport rights)); and c a is carrying on business in an eea state other than the united kingdom in the exercise of those rights. 3 the second case is where - a a's registered office (or if a does not have a registered office, a's head office) is in the united kingdom; and b the day-to-day management of the carrying on of a's business is the responsibility of - i that office, or ii another establishment maintained by a in the united kingdom. 4 the third case is where - a a is a casino which provides facilities for remote gambling (within the meaning of section 4 of the gambling act 2005 (remote gambling) ) and - b either - i at least one piece of remote gambling equipment (within the meaning of section 36(4) of the gambling act 2005 (territorial application)) is situated in great britain, or ii no such equipment is situated in great britain but the facilities provided by a are used there. 5 for the purposes of paragraphs (2) and (3) - a "single market directive" means - i a directive referred to in paragraph 1 of schedule 3 to fsma ; ii 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 ; iii directive 2015/2366/eu of the european parliament and of the council of 25th november 2015 on payment services in the internal market ; b it is irrelevant where the person with whom the business is carried on is situated. credit institutions and financial institutions 10 1 in these regulations, "credit institution" means - a a credit institution as defined in article 4.1(1) of the capital requirements regulation; or b a branch (as defined by article 4.1(17) of that regulation) located in an eea state of an institution falling within sub-paragraph (a) (or an equivalent institution whose head office is located in a third country) wherever the institution's head office is located, when it accepts deposits or other repayable funds from the public or grants credits for its own account (within the meaning of the capital requirements regulation), or when it bids directly in auctions in accordance with the emission allowance auctioning regulation on behalf of its clients. 2 in these regulations, "financial institution" means - a an undertaking, including a money service business, other than an institution referred to in paragraph (3) , when the undertaking carries out one or more listed activity; b an insurance undertaking duly authorised in accordance with the solvency 2 directive, when it carries out any activities or operations referred to in article 2.3 of that directive; c a person (other than a person falling within article 2 of the markets in financial instruments directive), whose regular occupation or business is the provision to other persons of an investment service or the performance of an investment activity on a professional basis, when - i providing investment services or performing investment activities (within the meaning of that directive); or ii bidding directly in auctions in accordance with the emission allowance auctioning regulation on behalf of its clients; d a person falling within article 2.1(j) of the markets in financial instruments directive, when bidding directly in auctions in accordance with the emission allowance auctioning regulation on behalf of clients of the person's main business; e a collective investment undertaking, when marketing or otherwise offering its units or shares; f an insurance intermediary as defined in article 2.5 of directive 2002/92/ec of the european parliament and of the council of 9th december 2002 on insurance mediation , with the exception of a tied insurance intermediary as mentioned in article 2.7 of that directive, when it acts in respect of contracts of long-term insurance; g a branch located in an eea state of a person referred to in sub-paragraphs (a) to (f) (or an equivalent person whose head office is located in a third country), wherever the person's head office is located, when carrying out any activity mentioned in sub-paragraphs (a) to (f); h the national savings bank; i the director of savings, when money is raised under the auspices of the director under the national loans act 1968 . 3 for the purposes of paragraph (2)(a), the institutions referred to are - a a credit institution; b an undertaking whose only listed activity is as a creditor under an agreement which - i falls within section 12(a) of the consumer credit act 1974 (debtor-creditor-supplier agreements); ii provides fixed sum credit (within the meaning given in section 10(1)(b) of the consumer credit act 1974 (running-account credit and fixed-sum credit)) in relation to the provision of services; and iii provides financial accommodation by way of deferred payment or payment by instalments over a period not exceeding 12 months; c an undertaking whose only listed activity is trading for its own account in one or more of the products listed in point 7 of annex 1 to the capital requirements directive where the undertaking does not have a customer (and, for this purpose, "customer" means a person other than the undertaking which is not a member of the same group as the undertaking). 4 for the purposes of this regulation, a "listed activity" means an activity listed in points 2 to 12, 14 and 15 of annex 1 to the capital requirements directive (the relevant text of which is set out in schedule 2). auditors and others 11 in these regulations - a "auditor" means any firm or individual who is - i a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor), or ii a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit) , when carrying out an audit required by that act. b "insolvency practitioner" means any firm or individual who acts as an insolvency practitioner within the meaning of section 388 of the insolvency act 1986 or article 3 of the insolvency (northern ireland) order 1989 (meaning of "act as insolvency practitioner"). c "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services. d "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services. independent legal professionals and trust or company service providers 12 1 in these regulations, "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when participating in financial or real property transactions concerning - a the buying and selling of real property or business entities; b the managing of client money, securities or other assets; c the opening or management of bank, savings or securities accounts; d the organisation of contributions necessary for the creation, operation or management of companies; or e the creation, operation or management of trusts, companies, foundations or similar structures, and, for this purpose, a person participates in a transaction by assisting in the planning or execution of the transaction or otherwise acting for or on behalf of a client in the transaction. 2 in these regulations, "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - a forming companies or other legal persons; b acting, or arranging for another person to act - i as a director or secretary of a company; ii as a partner of a partnership; or iii in a similar capacity in relation to other legal persons; c providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or legal arrangement; d acting, or arranging for another person to act, as - i a trustee of an express trust or similar legal arrangement; or ii a nominee shareholder for a person other than a company whose securities are listed on a regulated market. estate agents 13 1 in these regulations, "estate agent" means a firm or a sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out. 2 for the purposes of paragraph (1) "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include references to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest. high value dealers, casinos and auction platforms 14 1 in these regulations - a "high value dealer" means a firm or sole trader who by way of business trades in goods (including an auctioneer dealing in goods), when the trader makes or receives, in respect of any transaction, a payment or payments in cash of at least 10,000 euros in total, whether the transaction is executed in a single operation or in several operations which appear to be linked; b "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of licence); c "auction platform" means a platform which auctions two-day spot or five-day futures, within the meanings given by article 3.4 and 3.5 of the emission allowance auctioning regulation, when it carries out activities covered by that regulation. 2 a payment does not cease to be a "payment in cash" for the purposes of paragraph (1)(a) if cash is paid by or on behalf of the person making the payment - a to a person other than the other party to the transaction for the benefit of the other party, or b into a bank account for the benefit of the other party to the transaction. exclusions 15 1 parts 1 to 4, 6 and 8 to 11 do not apply to the following persons when carrying on any of the following activities - a a registered society within the meaning of section 1 of the co-operative and community benefit societies act 2014 (meaning of "registered society") , when it - i issues withdrawable share capital within the limit set by section 24 of that act (maximum shareholding in society); or ii accepts deposits from the public within the limit set by section 67(2) of that act (carrying on of banking by societies); b a society registered under the industrial and provident societies act (northern ireland) 1969 , when it - i issues withdrawable share capital within the limit set by section 6 of that act (maximum shareholding in society); or ii accepts deposits from the public within the limit set by section 7(3) of that act (carrying on of banking by societies); c a person who is (or falls within a class of persons) specified in any of paragraphs 2 to 23, 26 to 38 or 40 to 49 of the schedule to the financial services and markets act 2000 (exemption) order 2001 , when carrying out any activity in respect of which that person is exempt; d a local authority within the meaning given in article 3(1) of the financial services and markets act 2000 (regulated activities) order 2001 , when carrying on an activity which would be a regulated activity for the purposes of fsma but for article 72g of that order ; e a person who was an exempted person for the purposes of section 45 of the financial services act 1986 (miscellaneous exemptions) immediately before its repeal, when exercising the functions specified in that section; f a person whose main activity is that of a high value dealer, when engaging in financial activity on an occasional or very limited basis as set out in paragraph (3) ; or g a person preparing a home report, which for these purposes means the documents prescribed for the purposes of section 98, 99(1) or 101(2) of the housing (scotland) act 2006 (duties: information and others) . 2 these regulations do not apply to a person who falls within regulation 8 solely as a result of that person engaging in financial activity on an occasional or very limited basis as set out in paragraph (3). 3 for the purposes of paragraphs (1)(f) and (2), a person is to be considered as engaging in financial activity on an occasional or very limited basis if all the following conditions are met - a the person's total annual turnover in respect of the financial activity does not exceed 100,000; b the financial activity is limited in relation to any customer to no more than one transaction exceeding 1,000 euros, whether the transaction is carried out in a single operation, or a series of operations which appear to be linked; c the financial activity does not exceed 5% of the person's total annual turnover; d the financial activity is ancillary and directly related to the person's main activity; e the financial activity is not the transmission or remittance of money (or any representation of monetary value) by any means; f the person's main activity is not that of a person falling within regulation 8(2)(a) to (f) or (h) ; g the financial activity is provided only to customers of the main activity of the person and is not offered to the public. 4 chapters 2 and 3 of part 2, and parts 3 to 9, do not apply to - a the auditor general for scotland; b the auditor general for wales; c the bank of england; d the comptroller and auditor general; e the comptroller and auditor general for northern ireland; f the official solicitor to the supreme court, when acting as trustee in his or her official capacity; g the treasury solicitor. chapter 2 risk assessment and controls risk assessment by the treasury and home office 16 1 the treasury and the home office must make arrangements before 26th june 2018 for a risk assessment to be undertaken to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting the united kingdom ("the risk assessment"). 2 the risk assessment must, among other things - a identify any areas where relevant persons should apply enhanced customer due diligence measures, and where appropriate, specify the measures to be taken; b identify, where appropriate, the sectors or areas of lower and greater risk of money laundering and terrorist financing; c consider whether any rules on money laundering and terrorist financing made by a supervisory authority applying in relation to the sector it supervises are appropriate in the light of the risks of money laundering and terrorist financing applying to that sector; d provide the information and analysis necessary to enable it to be used for the purposes set out in paragraph (3) . 3 the treasury and the home office must ensure that the risk assessment is used to - a consider the appropriate allocation and prioritisation of resources to counter money laundering and terrorist financing; b consider whether the exclusions provided for in regulation 15 are being abused; c consider whether providers of gambling services other than casinos should continue to be excluded from the requirements of these regulations. 4 for the purpose of paragraph (3)(c), a "provider of gambling services" means a person who by way of business provides facilities for gambling within the meaning of section 5 of the gambling act 2005 (facilities for gambling) . 5 in undertaking the risk assessment, the treasury and the home office must take account of the reports made by the commission under article 6.1 of the fourth money laundering directive. 6 the treasury and the home office must prepare a joint report setting out, as appropriate, the findings of the risk assessment as soon as reasonably practicable after the risk assessment is completed. 7 a copy of that report must be laid before parliament, and sent to - a the pra; b the supervisory authorities; c the european commission; d the european supervisory authorities; and e each of the other eea states. 8 if information from the risk assessment would assist the supervisory authorities in carrying out their own money laundering and terrorist financing risk assessment, the treasury and the home office must, where appropriate, make that information available to those supervisory authorities, unless to do so would not be compatible with restrictions on sharing information imposed by or under the data protection act 1998 or any other enactment. 9 the treasury and the home office must take appropriate steps to ensure that the risk assessment is kept up-to-date. risk assessment by supervisory authorities 17 1 each supervisory authority must identify and assess the international and domestic risks of money laundering and terrorist financing to which those relevant persons for which it is the supervisory authority ("its own sector") are subject. 2 in carrying out the risk assessment required under paragraph (1) , the supervisory authority must take into account - a reports published by the commission under article 6.1 of the fourth money laundering directive; b guidelines issued by the european supervisory authorities under articles 17, 18.4 and 48.10 of the fourth money laundering directive; c the report prepared by the treasury and the home office under regulation 16(6) ; and d information made available by the treasury and the home office under regulation 16(8) . 3 a supervisory authority must keep an up-to-date record in writing of all the steps it has taken under paragraph (1) . 4 each supervisory authority must develop and record in writing risk profiles for each relevant person in its own sector. 5 a supervisory authority may prepare a single risk profile under paragraph (4) in relation to two or more relevant persons in its sector, if - a the relevant persons share similar characteristics; and b the risks of money laundering and terrorist financing affecting those relevant persons do not differ significantly. 6 where a supervisory authority has prepared a single risk profile for two or more relevant persons in its sector (a "cluster"), the supervisory authority must keep under review whether an individual risk profile should be prepared in relation to any relevant person in the cluster because sub-paragraph (a) or (b) (or both sub-paragraphs) of paragraph (5) are no longer satisfied in relation to that person. 7 in developing the risk profiles referred to in paragraph (4) , the supervisory authority must take full account of the risks that relevant persons in its own sector will not take appropriate action to identify, understand and mitigate money laundering and terrorist financing risks. 8 each supervisory authority must review the risk profiles developed under paragraph (4) at regular intervals and following any significant event or developments which might affect the risks to which its own sector is subject, such as - a significant external events that change the nature of the money laundering or terrorist financing risks; b emerging money laundering or terrorist financing risks; c any findings resulting from measures taken by other supervisory authorities; d any changes in the way in which its own sector is operated; e significant changes in regulation. 9 if information from the risk assessment carried out under paragraph (1), or from information provided to the supervisory authority under regulation 16(8) , would assist relevant persons in carrying out their own money laundering and terrorist financing risk assessment, the supervisory authority must, where appropriate, make that information available to those persons, unless to do so would not be compatible with restrictions on sharing information imposed by or under the data protection act 1998 or any other enactment. risk assessment by relevant persons 18 1 a relevant person must take appropriate steps to identify and assess the risks of money laundering and terrorist financing to which its business is subject. 2 in carrying out the risk assessment required under paragraph (1), a relevant person must take into account - a information made available to them by the supervisory authority under regulations 17(9) and 47 , and b risk factors including factors relating to - i its customers; ii the countries or geographic areas in which it operates; iii its products or services; iv its transactions; and v its delivery channels. 3 in deciding what steps are appropriate under paragraph (1), the relevant person must take into account the size and nature of its business. 4 a relevant person must keep an up-to-date record in writing of all the steps it has taken under paragraph (1) , unless its supervisory authority notifies it in writing that such a record is not required. 5 a supervisory authority may not give the notification referred to in paragraph (4) unless it considers that the risks of money laundering and terrorist financing applicable to the sector in which the relevant person operates are clear and understood. 6 a relevant person must provide the risk assessment it has prepared under paragraph (1) , the information on which that risk assessment was based and any record required to be kept under paragraph (4), to its supervisory authority on request. policies, controls and procedures 19 1 a relevant person must - a establish and maintain policies, controls and procedures to mitigate and manage effectively the risks of money laundering and terrorist financing identified in any risk assessment undertaken by the relevant person under regulation 18(1) ; b regularly review and update the policies, controls and procedures established under sub-paragraph (a); c maintain a record in writing of - i the policies, controls and procedures established under sub-paragraph (a); ii any changes to those policies, controls and procedures made as a result of the review and update required by sub-paragraph (b); and iii the steps taken to communicate those policies, controls and procedures, or any changes to them, within the relevant person's business. 2 the policies, controls and procedures adopted by a relevant person under paragraph (1) must be - a proportionate with regard to the size and nature of the relevant person's business, and b approved by its senior management. 3 the policies, controls and procedures referred to in paragraph (1) must include - a risk management practices; b internal controls (see regulations 21 to 24 ); c customer due diligence (see regulations 27 to 38 ); d reliance and record keeping (see regulations 39 to 40 ); e the monitoring and management of compliance with, and the internal communication of, such policies, controls and procedures. 4 the policies, controls and procedures referred to in paragraph (1) must include policies, controls and procedures - a which provide for the identification and scrutiny of - i any case where - aa a transaction is complex and unusually large, or there is an unusual pattern of transactions, and bb the transaction or transactions have no apparent economic or legal purpose, and ii any other activity or situation which the relevant person regards as particularly likely by its nature to be related to money laundering or terrorist financing; b which specify the taking of additional measures, where appropriate, to prevent the use for money laundering or terrorist financing of products and transactions which might favour anonymity; c which ensure that when new technology is adopted by the relevant person, appropriate measures are taken in preparation for, and during, the adoption of such technology to assess and if necessary mitigate any money laundering or terrorist financing risks this new technology may cause; d under which anyone in the relevant person's organisation who knows or suspects (or has reasonable grounds for knowing or suspecting) that a person is engaged in money laundering or terrorist financing as a result of information received in the course of the business or otherwise through carrying on that business is required to comply with - i part 3 of the terrorism act 2000 ; or ii part 7 of the proceeds of crime act 2002 ; e which, in the case of a money service business that uses agents for the purpose of its business, ensure that appropriate measures are taken by the business to assess - i whether an agent used by the business would satisfy the fit and proper test provided for in regulation 58 ; and ii the extent of the risk that the agent may be used for money laundering or terrorist financing. 5 in determining what is appropriate or proportionate with regard to the size and nature of its business, a relevant person may take into account any guidance which has been - a issued by the fca; or b issued by any other supervisory authority or appropriate body and approved by the treasury. 6 a relevant person must, where relevant, communicate the policies, controls and procedures which it establishes and maintains in accordance with this regulation to its branches and subsidiary undertakings which are located outside the united kingdom. policies, controls and procedures: group level 20 1 a relevant parent undertaking must - a ensure that the policies, controls and procedures referred to in regulation 19(1) apply - i to all its subsidiary undertakings, including subsidiary undertakings located outside the united kingdom; and ii to any branches it has established outside the united kingdom; which is carrying out any activity in respect of which the relevant person is subject to these regulations; b establish and maintain throughout its group the policies, controls and procedures for data protection and sharing information for the purposes of preventing money laundering and terrorist financing with other members of the group; c regularly review and update the policies, controls and procedures applied and established under sub-paragraphs (a) and (b); d maintain a record in writing of - i the policies, controls and procedures established under sub-paragraphs (a) and (b); ii any changes to those policies, controls and procedures made as a result of the review and update required by sub-paragraph (c); and iii the steps taken to communicate those policies, controls and procedures, or any changes to them, to its subsidiary undertakings and branches. 2 a relevant parent undertaking must ensure that those of its subsidiary undertakings and branches which are established in an eea state follow the law of that eea state that implements the fourth money laundering directive. 3 if any of the subsidiary undertakings or branches of a relevant parent undertaking are established in a third country which does not impose requirements to counter money laundering and terrorist financing as strict as those of the united kingdom, the relevant parent undertaking must ensure that those subsidiary undertakings and branches apply measures equivalent to those required by these regulations, as far as permitted under the law of the third country. 4 where the law of a third country does not permit the application of such equivalent measures by the subsidiary undertaking or branch established in that country, the relevant parent undertaking must - a inform its supervisory authority accordingly; and b take additional measures to handle the risk of money laundering and terrorist financing effectively. 5 a relevant parent undertaking must ensure that information relevant to the prevention of money laundering and terrorist financing is shared as appropriate between members of its group, subject to any restrictions on sharing information imposed by or under any enactment or otherwise. internal controls 21 1 where appropriate with regard to the size and nature of its business, a relevant person must - a appoint one individual who is a member of the board of directors (or if there is no board, of its equivalent management body) or of its senior management as the officer responsible for the relevant person's compliance with these regulations; b carry out screening of relevant employees appointed by the relevant person, both before the appointment is made and during the course of the appointment; c establish an independent audit function with the responsibility - i to examine and evaluate the adequacy and effectiveness of the policies, controls and procedures adopted by the relevant person to comply with the requirements of these regulations; ii to make recommendations in relation to those policies, controls and procedures; and iii to monitor the relevant person's compliance with those recommendations. 2 for the purposes of paragraph (1)(b) - a "screening" means an assessment of - i the skills, knowledge and expertise of the individual to carry out their functions effectively; ii the conduct and integrity of the individual; b a relevant employee is an employee whose work is - i relevant to the relevant person's compliance with any requirement in these regulations, or ii otherwise capable of contributing to the - aa identification or mitigation of the risks of money laundering and terrorist financing to which the relevant person's business is subject, or bb prevention or detection of money laundering and terrorist financing in relation to the relevant person's business. 3 an individual in the relevant person's firm must be appointed as a nominated officer. 4 a relevant person must, within 14 days of the appointment, inform its supervisory authority of - a the identity of the individual first appointed under paragraph (1)(a); b the identity of the individual first appointed under paragraph (3); and c of any subsequent appointment to either of those positions. 5 where a disclosure is made to the nominated officer, that officer must consider it in the light of any relevant information which is available to the relevant person and determine whether it gives rise to knowledge or suspicion or reasonable grounds for knowledge or suspicion that a person is engaged in money laundering or terrorist financing. 6 paragraphs (1) and (3) do not apply where the relevant person is an individual who neither employs nor acts in association with any other person. 7 a relevant person who is an electronic money issuer or a payment service provider must appoint an individual to monitor and manage compliance with, and the internal communication of, the policies, controls and procedures adopted by the relevant person under regulation 19(1) , and in particular to - a identify any situations of higher risk of money laundering or terrorist financing; b maintain a record of its policies, controls and procedures, risk assessment and risk management including the application of such policies and procedures; c apply measures to ensure that its policies, controls and procedures are taken into account in all relevant functions including in the development of new products, dealing with new customers and in changes to business activities; and d provide information to senior management about the operation and effectiveness of its policies, controls and procedures whenever appropriate and at least annually. 8 a relevant person must establish and maintain systems which enable it to respond fully and rapidly to enquiries from any person specified in paragraph (9) as to - a whether it maintains, or has maintained during the previous five years, a business relationship with any person; and b the nature of that relationship. 9 the persons specified in this paragraph are - a financial investigators accredited under section 3 of the proceeds of crime act 2002 (accreditation and training) ; b persons acting on behalf of the scottish ministers in their capacity as an enforcement authority under that act; and c constables or equivalent officers of any law enforcement authority. 10 in determining what is appropriate with regard to the size and nature of its business, a relevant person - a must take into account its risk assessment under regulation 18(1) ; and b may take into account any guidance which has been - i issued by the fca; or ii issued by any other supervisory authority or appropriate body and approved by the treasury. central contact points: electronic money issuers and payment service providers 22 1 an electronic money issuer or a payment service provider to which paragraph (2) applies must, if requested by its supervisory authority, appoint a person to act as a central contact point in the united kingdom for its supervisory authority on any issue relating to the prevention of money laundering or terrorist financing. 2 this paragraph applies to any electronic money issuer or payment service provider which - a is established in the united kingdom otherwise than by a branch; and b has its head office in an eea state other than the united kingdom. requirement on authorised person to inform the fca 23 1 an authorised person whose supervisory authority is the fca must, before acting as a money service business or a trust or company service provider or within 28 days of so doing, inform the fca that it intends, or has begun, to act as such. 2 paragraph (1) does not apply to an authorised person which - a immediately before the day on which these regulations come into force ("the relevant date") was acting as a money service business or a trust or company service provider and continues to act as such after that date; and b informs the fca that it is acting as such within 30 days of the relevant date. 3 where an authorised person whose supervisory authority is the fca ceases to act as a money service business or a trust or company service provider, it must within 28 days inform the fca. 4 any requirement imposed by this regulation is to be treated as if it were a requirement imposed by or under fsma. 5 any information to be provided to the fca under this regulation must be in such form or verified in such manner as it may specify. training 24 1 a relevant person must - a take appropriate measures to ensure that its relevant employees are - i made aware of the law relating to money laundering and terrorist financing, and to the requirements of data protection, which are relevant to the implementation of these regulations; and ii regularly given training in how to recognise and deal with transactions and other activities or situations which may be related to money laundering or terrorist financing; b maintain a record in writing of the measures taken under sub-paragraph (a), and in particular, of the training given to its relevant employees. 2 for the purposes of paragraph (1), a relevant employee is an employee whose work is - a relevant to the relevant person's compliance with any requirement in these regulations, or b otherwise capable of contributing to the - i identification or mitigation of the risk of money laundering and terrorist financing to which the relevant person's business is subject; or ii prevention or detection of money laundering and terrorist financing in relation to the relevant person's business. 3 in determining what measures are appropriate under paragraph (1) , a relevant person - a must take account of - i the nature of its business; ii its size; iii the nature and extent of the risks of money laundering and terrorist financing to which its business is subject; and b may take into account any guidance which has been - i issued by the fca; or ii issued by any other supervisory authority or appropriate body and approved by the treasury. supervisory action 25 1 the supervisory authority must determine whether the additional measures taken under regulation 20(4) by a relevant parent undertaking which is an authorised person or a qualifying parent undertaking (as defined by section 192b of fsma ) are sufficient to handle the risk of money laundering and terrorist financing effectively. 2 if the supervisory authority does not consider the measures referred to in paragraph (1) to be sufficient, it must consider whether to direct the relevant parent undertaking - a not to enter into a business relationship with a specified person; b not to undertake transactions of a specified description with a specified person; c to terminate an existing business relationship with a specified person; d to cease any operations in the third country. e to ensure that its subsidiary undertaking - i does not enter into a business relationship with a specified person; ii terminates an existing business relationship with a specified person; or iii does not undertake transactions of a specified description with a specified person, or ceases any operations in the third country. 3 a direction issued under paragraph (2) 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 such date is specified in the notice, when the matter to which the notice relates is no longer open to review. 4 for the purposes of paragraph (3), a matter to which a notice relates is still open to review if - a the period during which any person may refer the matter to the appropriate tribunal is still running; b the matter has been referred to the appropriate tribunal but has not been dealt with; c the matter has been referred to the appropriate tribunal and dealt with but the period during which an appeal may be brought against the appropriate tribunal's decision is still running; or d such an appeal has been brought but has not been determined. 5 where the fca proposes to issue a direction under paragraph (2) to a pra-authorised person or to a person who has a qualifying relationship with a pra-authorised person, it must consult the pra. 6 if the supervisory authority issues a direction under paragraph (2) it must give the relevant parent undertaking ("a") a notice in writing. 7 the notice must - a give details of the direction; b state the supervisory authority's reasons for issuing the direction; c inform a that a may make representations to the supervisory authority within such period as may be specified in the notice (whether or not a has referred the matter to the appropriate tribunal); d inform a of when the direction takes effect; and e inform a of a's right to refer the matter to the appropriate tribunal. 8 the supervisory authority may extend the period allowed under the notice for making representations. 9 if, having considered any representations made by a, the supervisory authority decides - a to issue the direction, or b if the direction has been issued, not to rescind the direction, it must give a notice in writing. 10 if, having considered any representations made by a, the supervisory authority decides - a not to issue the direction, b to issue a different direction, or c to rescind a direction which has effect, it must give a notice in writing. 11 a notice under paragraph (9) must inform a of a's right to refer the matter to the appropriate tribunal. 12 a notice under paragraph (10)(b) must comply with paragraph (7). 13 if a notice informs a of a's right to refer a matter to the appropriate tribunal, it must give an indication of the procedure on such a reference. 14 for the purpose of this regulation - a "appropriate tribunal" means - i the upper tribunal, in the case of a direction issued by the fca; ii the first-tier or upper tribunal, as provided for in regulation 99 , in the case of a direction issued by the commissioners; b "specified" means specified in the direction. chapter 3 ownership and management restrictions prohibitions and approvals 26 1 no person may be the beneficial owner, officer or manager of a firm within paragraph (2) ("a relevant firm"), or a sole practitioner within paragraph (2) ("a relevant sole practitioner"), unless that person has been approved as a beneficial owner, officer or manager of the firm or as a sole practitioner by the supervisory authority of the firm or sole practitioner. 2 the firms and sole practitioners within this paragraph are - a auditors, insolvency practitioners, external accountants and tax advisors; b independent legal professionals; c estate agents; d high value dealers. 3 a person does not breach the prohibition in paragraph (1) if that person has before 26th june 2018 applied to the supervisory authority for approval under paragraph (6) and that application has not yet been determined. 4 a relevant firm must take reasonable care to ensure that no-one is appointed, or continues to act, as an officer or manager of the firm unless - a that person has been approved by the supervisory authority, and the supervisory authority's approval of that person has not ceased to be valid; or b that person has applied for approval of the supervisory authority under paragraph (6) and the application has not yet been determined. 5 a relevant sole practitioner must not act, or continue to act, as a sole practitioner unless - a that person has been approved by the supervisory authority, and the supervisory authority's approval of that person has not ceased to be valid; or b that person has applied for approval of the supervisory authority under paragraph (6) and the application has not yet been determined. 6 an application for the approval of the supervisory authority under paragraph (1) may be made by or on behalf of the person concerned. 7 the application must - a be made in such manner as the supervisory authority may direct; b contain, or be accompanied by, such information as the supervisory authority may reasonably require. 8 the supervisory authority - a must grant an application for approval under paragraph (6) unless the applicant has been convicted of a relevant offence; b may grant an application so as to give approval only for a limited period. 9 an approval given by a supervisory authority under paragraph (8) - a is not valid if the person approved under paragraph (1) (the "approved person") has been convicted of a relevant offence; b ceases to be valid if the approved person is subsequently convicted of a relevant offence. 10 if an approved person ("p") is convicted of a relevant offence - a p must inform the supervisory authority which approved p of the conviction within 30 days of the day on which p was convicted; b the relevant firm for which p was approved must inform its supervisory authority of the conviction within 30 days of the date on which the firm became aware of p's conviction. 11 if the beneficial owner of a relevant firm is convicted of a relevant offence, the high court (or in scotland the court of session) may, on the application of the supervisory authority, order the sale of the beneficial owner's interest in that firm. 12 a person who, in breach of the prohibition in paragraph (1) - a acts as a manager or officer of a relevant firm or as a relevant sole practitioner; or b is knowingly a beneficial owner of a relevant firm, is guilty of a criminal offence. 13 a person who is guilty of a criminal offence under paragraph (12) is liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding three months, to a fine or to both; ii in scotland or northern ireland, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both; b on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both. 14 the offences listed in schedule 3 are relevant offences for the purposes of this regulation. part 3 customer due diligence chapter 1 customer due diligence: general customer due diligence 27 1 a relevant person must apply customer due diligence measures if the person - a establishes a business relationship; b carries out an occasional transaction that amounts to a transfer of funds within the meaning of article 3.9 of the funds transfer regulation exceeding 1,000 euros; c suspects money laundering or terrorist financing; or d doubts the veracity or adequacy of documents or information previously obtained for the purposes of identification or verification. 2 a relevant person who is not a high value dealer or a casino must also apply customer due diligence measures if the person carries out an occasional transaction that amounts to 15,000 euros or more, whether the transaction is executed in a single operation or in several operations which appear to be linked. 3 a high value dealer must also apply customer due diligence measures if that dealer carries out an occasional transaction in cash that amounts to 10,000 euros or more, whether the transaction is executed in a single operation or in several operations which appear to be linked. 4 a transaction does not cease to be a "transaction in cash" for the purposes of paragraph (3) if cash is paid by or on behalf of a party to the transaction - a to a person other than the other party to the transaction for the benefit of the other party, or b into a bank account for the benefit of the other party to the transaction. 5 a casino must also apply customer due diligence measures in relation to any transaction within paragraph (6) that amounts to 2,000 euros or more, whether the transaction is executed in a single operation or in several operations which appear to be linked. 6 a transaction is within this paragraph if it consists of - a the wagering of a stake, including - i the purchase from, or exchange with, the casino of tokens for use in gambling at the casino; ii payment for use of gaming machines (within the meaning of section 235 of the gambling act 2005 ); and iii the deposit of funds required to take part in remote gambling; or b the collection of winnings, including the withdrawal of funds deposited to take part in remote gambling (within the meaning of section 4 of the gambling act 2005) or winnings arising from the staking of such funds. 7 in determining whether a transaction amounts to 2,000 euros or more for the purposes of paragraph (5), no account is to be taken of winnings from a previous transaction which had not been collected from the casino, gaming machine or remote gambling, but are being re-used in the transaction in question. 8 a relevant person must also apply customer due diligence measures - a at other appropriate times to existing customers on a risk based approach; b when the relevant person becomes aware that the circumstances of an existing customer relevant to its risk assessment for that customer have changed. 9 for the purposes of paragraph (8), in determining when it is appropriate to take customer due diligence measures in relation to existing customers, a relevant person must take into account, among other things - a any indication that the identity of the customer, or of the customer's beneficial owner, has changed; b any transactions which are not reasonably consistent with the relevant person's knowledge of the customer; c any change in the purpose or intended nature of the relevant person's relationship with the customer; d any other matter which might affect the relevant person's assessment of the money laundering or terrorist financing risk in relation to the customer. customer due diligence measures 28 1 this regulation applies when a relevant person is required by regulation 27 to apply customer due diligence measures. 2 the relevant person must - a identify the customer unless the identity of that customer is known to, and has been verified by, the relevant person; b verify the customer's identity unless the customer's identity has already been verified by the relevant person; and c assess, and where appropriate obtain information on, the purpose and intended nature of the business relationship or occasional transaction. 3 where the customer is a body corporate - a the relevant person must obtain and verify - i the name of the body corporate; ii its company number or other registration number; iii the address of its registered office, and if different, its principal place of business; b subject to paragraph (5), the relevant person must take reasonable measures to determine and verify - i the law to which the body corporate is subject, and its constitution (whether set out in its articles of association or other governing documents); ii the full names of the board of directors (or if there is no board, the members of the equivalent management body) and the senior persons responsible for the operations of the body corporate. 4 subject to paragraph (5), where the customer is beneficially owned by another person, the relevant person must - a identify the beneficial owner; b take reasonable measures to verify the identity of the beneficial owner so that the relevant person is satisfied that it knows who the beneficial owner is; and c if the beneficial owner is a legal person, trust, company, foundation or similar legal arrangement take reasonable measures to understand the ownership and control structure of that legal person, trust, company, foundation or similar legal arrangement. 5 paragraphs (3)(b) and (4) do not apply where the customer is a company which is listed on a regulated market. 6 if the customer is a body corporate, and paragraph (7) applies, the relevant person may treat the senior person in that body corporate responsible for managing it as its beneficial owner. 7 this paragraph applies if (and only if) the relevant person has exhausted all possible means of identifying the beneficial owner of the body corporate and - a has not succeeded in doing so, or b is not satisfied that the individual identified is in fact the beneficial owner. 8 if paragraph (7) applies, the relevant person must keep records in writing of all the actions it has taken to identify the beneficial owner of the body corporate. 9 relevant persons do not satisfy their requirements under paragraph (4) by relying solely on the information - a contained in - i the register of people with significant control kept by a company under section 790m of the companies act 2006 (duty to keep register) ; ii the register of people with significant control kept by a limited liability partnership under section 790m of the companies act 2006 as modified by regulation 31e of the limited liability partnerships (application of companies act 2006) regulations 2009 ; or iii the register of people with significant control kept by a european public limited-liability company (within the meaning of the council regulation 2157/2001/ec of 8 october 2001 on the statute for a european company which is to be, or is, registered in the united kingdom) under section 790m of the companies act 2006 as modified by regulation 5 of the european public limited liability company (register of people with significant control) regulations 2016 ; b referred to in sub-paragraph (a) and delivered to the registrar of companies (within the meaning of section 1060(3) of the companies act 2006 (the registrar)) under any enactment; or c contained in required particulars in relation to eligible scottish partnerships delivered to the registrar of companies under regulation 19 of the scottish partnerships (register of people with significant control) regulations 2017 . 10 where a person ("a") purports to act on behalf of the customer, the relevant person must - a verify that a is authorised to act on the customer's behalf; b identify a; and c verify a's identity on the basis of documents or information in either case obtained from a reliable source which is independent of both a and the customer. 11 the relevant person must conduct ongoing monitoring of a business relationship, including - a scrutiny of transactions undertaken throughout the course of the relationship (including, where necessary, the source of funds) to ensure that the transactions are consistent with the relevant person's knowledge of the customer, the customer's business and risk profile; b undertaking reviews of existing records and keeping the documents or information obtained for the purpose of applying customer due diligence measures up-to-date. 12 the ways in which a relevant person complies with the requirement to take customer due diligence measures, and the extent of the measures taken - a must reflect - i the risk assessment carried out by the relevant person under regulation 18(1) ; ii its assessment of the level of risk arising in any particular case; b may differ from case to case. 13 in assessing the level of risk in a particular case, the relevant person must take account of factors including, among other things - a the purpose of an account, transaction or business relationship; b the level of assets to be deposited by a customer or the size of the transactions undertaken by the customer; c the regularity and duration of the business relationship. 14 if paragraph (15) applies, a relevant person is not required to continue to apply customer due diligence measures under paragraph (2) or (10) in respect of a customer. 15 this paragraph applies if all the following conditions are met - a a relevant person has taken customer due diligence measures in relation to a customer; b the relevant person makes a disclosure required by - i part 3 of the terrorism act 2000 , or ii part 7 of the proceeds of crime act 2002 ; and c continuing to apply customer due diligence measures in relation to that customer would result in the commission of an offence by the relevant person under - i section 21d of the terrorism act 2000 (tipping off: regulated sector) ; or ii section 333a of the proceeds of crime act 2002 (tipping off: regulated sector) . 16 the relevant person must be able to demonstrate to its supervisory authority that the extent of the measures it has taken to satisfy its requirements under this regulation are appropriate in view of the risks of money laundering and terrorist financing, including risks - a identified by the risk assessment carried out by the relevant person under regulation 18(1) ; b identified by its supervisory authority and in information made available to the relevant person under regulations 17(9) and 47 . 17 paragraph (16) does not apply to the national savings bank or the director of savings. 18 for the purposes of this regulation - a except in paragraph (10) , "verify" means verify on the basis of documents or information in either case obtained from a reliable source which is independent of the person whose identity is being verified; b documents issued or made available by an official body are to be regarded as being independent of a person even if they are provided or made available to the relevant person by or on behalf of that person. additional customer due diligence measures: credit institutions and financial institutions 29 1 this regulation applies in addition to regulation 28 where a relevant person is a credit institution or a financial institution. 2 paragraphs (3) to (5) apply if the relevant person is providing a customer with a contract of long-term insurance ("the insurance policy"). 3 as soon as the beneficiaries of the insurance policy are identified or designated, the relevant person must - a if the beneficiary is a named person or legal arrangement, take the full name of the person or arrangement; or b if the beneficiaries are designated by specified characteristics, as a class or in any other way, obtain sufficient information about the beneficiaries to satisfy itself that it will be able to establish the identity of the beneficiary before any payment is made under the insurance policy. 4 the relevant person must verify the identity of the beneficiaries (on the basis of documents or information in either case obtained from a reliable source which is independent of the customer and the beneficiaries, and regulation 28(18)(b) applies for the purpose of determining whether a source satisfies this requirement) before any payment is made under the insurance policy. 5 when the relevant person becomes aware that all or part of the rights under the insurance policy are being, or have been, assigned to an individual, body corporate, trust or other legal arrangement which is receiving the value or part of the value of the insurance policy for its own benefit ("the new beneficiary"), the relevant person must identify the new beneficiary as soon as possible after becoming aware of the assignment, and in any case before a payment is made under the policy. 6 the relevant person must not set up an anonymous account or an anonymous passbook for any new or existing customer. 7 the relevant person must apply customer due diligence measures to all anonymous accounts and passbooks in existence on the date on which these regulations come into force, and in any event before such accounts or passbooks are used in any way. 8 a relevant person which - a is an open-ended investment company within the meaning of regulation 2(1) of the open-ended investment companies regulations 2001 ; and b is authorised on or after the date on which these regulations come into force, may not issue shares evidenced by a share certificate (or any other documentary evidence) indicating that the holder of the certificate or document is entitled to the shares specified in it. 9 paragraph (8) does not apply to an open-ended investment company if - a an application for an authorisation order under regulation 12 of the open-ended investment companies regulations 2001 was made in relation to that open-ended investment company before the date on which these regulations come into force; and b that application was not determined until a date on or after the date on which these regulations come into force. timing of verification 30 1 this regulation applies when a relevant person is required to take any measures under regulation 27 , 28 or 29 . 2 subject to paragraph (3) or (4) , a relevant person must comply with the requirement to verify the identity of the customer, any person purporting to act on behalf of the customer and any beneficial owner of the customer before the establishment of a business relationship or the carrying out of the transaction. 3 provided that the verification is completed as soon as practicable after contact is first established, the verification of the customer, any person purporting to act on behalf of the customer and the customer's beneficial owner, may be completed during the establishment of a business relationship if - a this is necessary not to interrupt the normal conduct of business; and b there is little risk of money laundering and terrorist financing. 4 the verification by a credit institution or a financial institution of the identity of a customer opening an account, any person purporting to act on behalf of the customer and any beneficial owner of the customer, may take place after the account has been opened provided that there are adequate safeguards in place to ensure that no transactions are carried out by or on behalf of the customer before verification has been completed. 5 for the purposes of paragraph (4) "account" includes an account which permits transactions in transferable securities. 6 paragraph (7) applies if - a the relevant person is required to apply customer due diligence measures in the case of a trust, a legal entity (other than a body corporate) or a legal arrangement (other than a trust); and b the beneficiaries of that trust, entity or arrangement are designated as a class, or by reference to particular characteristics. 7 if this paragraph applies, the relevant person must establish and verify the identity of any beneficiary before - a any payment is made to the beneficiary; or b the beneficiary exercises its vested rights in the trust, legal entity or legal arrangement. requirement to cease transactions etc 31 1 where, in relation to any customer, a relevant person is unable to apply customer due diligence measures as required by regulation 28 , that person - a must not carry out any transaction through a bank account with the customer or on behalf of the customer; b must not establish a business relationship or carry out a transaction with the customer otherwise than through a bank account; c must terminate any existing business relationship with the customer; d must consider whether the relevant person is required to make a disclosure (or to make further disclosure) by - i part 3 of the terrorism act 2000 ; or ii part 7 of the proceeds of crime act 2002 . 2 paragraph (1)(a) does not prevent money deposited in an account being repaid to the person who deposited it, provided that, in any case where a disclosure is required by the legislation referred in paragraph (1)(d), the relevant person has - a consent (within the meaning of section 21za of the terrorism act 2000 (arrangements with prior consent)) to the transaction, or b the appropriate consent (within the meaning of section 335 of the proceeds of crime act 2002 (appropriate consent)) to the transaction. 3 paragraph (1) does not apply where an independent legal professional or other professional adviser is in the course of ascertaining the legal position for a client or performing the task of defending or representing that client in, or concerning, legal proceedings, including giving advice on the institution or avoidance of proceedings. 4 in paragraph (3), "other professional adviser" means an auditor, external accountant or tax adviser who is a member of a professional body which is established for any such persons and which makes provision for - a testing the competence of those seeking admission to membership of such a body as a condition for such admission; and b imposing and maintaining professional and ethical standards for its members, as well as imposing sanctions for non-compliance with those standards. 5 paragraph (1) (a) to (c) does not apply where an insolvency practitioner has been appointed by the court as administrator or liquidator of a company, provided that - a the insolvency practitioner has taken all reasonable steps to satisfy the requirements set out in regulation 28(2) and (10), and b the resignation of the insolvency practitioner would be prejudicial to the interests of the creditors of the company. exception for trustees of debt issues 32 1 a relevant person - a who is appointed by the issuer of instruments or securities specified in paragraph (2) as trustee of an issue of such instruments or securities; or b whose customer is a trustee of an issue of such instruments or securities, is not required to apply the customer due diligence measure referred to in regulation 28(3) and (4) in respect of the holders of such instruments or securities. 2 the specified instruments and securities are - a instruments which fall within article 77 or 77a of the financial services and markets act 2000 (regulated activities) order 2001 ; and b securities which fall within article 78 of that order . chapter 2 enhanced customer due diligence obligation to apply enhanced customer due diligence 33 1 a relevant person must apply enhanced customer due diligence measures and enhanced ongoing monitoring, in addition to the customer due diligence measures required under regulation 28 and, if applicable, regulation 29 , to manage and mitigate the risks arising - a in any case identified as one where there is a high risk of money laundering or terrorist financing - i by the relevant person under regulation 18(1) , or ii in information made available to the relevant person under regulations 17(9) and 47 ; b in any business relationship or transaction with a person established in a high-risk third country; c in relation to correspondent relationships with a credit institution or a financial institution (in accordance with regulation 34 ); d if a relevant person has determined that a customer or potential customer is a pep, or a family member or known close associate of a pep (in accordance with regulation 35 ); e in any case where the relevant person discovers that a customer has provided false or stolen identification documentation or information and the relevant person proposes to continue to deal with that customer; f in any case where - i a transaction is complex and unusually large, or there is an unusual pattern of transactions, and ii the transaction or transactions have no apparent economic or legal purpose, and g in any other case which by its nature can present a higher risk of money laundering or terrorist financing. 2 paragraph (1) (b) does not apply when the customer is a branch or majority owned subsidiary undertaking of an entity which is established in an eea state if all the following conditions are satisfied - a the entity is - i subject to the requirements in national legislation implementing the fourth money laundering directive as an obliged entity (within the meaning of that directive), and ii supervised for compliance with those requirements in accordance with section 2 of chapter vi of the fourth money laundering directive; b the branch or subsidiary complies fully with procedures and policies established for the group under article 45 of the fourth money laundering directive; and c the relevant person, applying a risk-based approach, does not consider that it is necessary to apply enhanced customer due diligence measures. 3 for the purposes of paragraph (1)(b), a "high-risk third country" means a country which has been identified by the european commission in delegated acts adopted under article 9.2 of the fourth money laundering directive as a high-risk third country. 4 the enhanced customer due diligence measures taken by a relevant person for the purpose of paragraph (1) (f) must include - a as far as reasonably possible, examining the background and purpose of the transaction, and b increasing the degree and nature of monitoring of the business relationship in which the transaction is made to determine whether that transaction or that relationship appear to be suspicious. 5 depending on the requirements of the case, the enhanced customer due diligence measures required under paragraph (1) may also include, among other things - a seeking additional independent, reliable sources to verify information provided or made available to the relevant person; b taking additional measures to understand better the background, ownership and financial situation of the customer, and other parties to the transaction; c taking further steps to be satisfied that the transaction is consistent with the purpose and intended nature of the business relationship; d increasing the monitoring of the business relationship, including greater scrutiny of transactions. 6 when assessing whether there is a high risk of money laundering or terrorist financing in a particular situation, and the extent of the measures which should be taken to manage and mitigate that risk, relevant persons must take account of risk factors including, among other things - a customer risk factors, including whether - i the business relationship is conducted in unusual circumstances; ii the customer is resident in a geographical area of high risk (see sub-paragraph (c)); iii the customer is a legal person or legal arrangement that is a vehicle for holding personal assets; iv the customer is a company that has nominee shareholders or shares in bearer form; v the customer is a business that is cash intensive; vi the corporate structure of the customer is unusual or excessively complex given the nature of the company's business; b product, service, transaction or delivery channel risk factors, including whether - i the product involves private banking; ii the product or transaction is one which might favour anonymity; iii the situation involves non-face-to-face business relationships or transactions, without certain safeguards, such as electronic signatures; iv payments will be received from unknown or unassociated third parties; v new products and new business practices are involved, including new delivery mechanisms, and the use of new or developing technologies for both new and pre-existing products; vi the service involves the provision of nominee directors, nominee shareholders or shadow directors, or the formation of companies in a third country; c geographical risk factors, including - i countries identified by credible sources, such as mutual evaluations, detailed assessment reports or published follow-up reports, as not having effective systems to counter money laundering or terrorist financing; ii countries identified by credible sources as having significant levels of corruption or other criminal activity, such as terrorism (within the meaning of section 1 of the terrorism act 2000 ), money laundering, and the production and supply of illicit drugs; iii countries subject to sanctions, embargos or similar measures issued by, for example, the european union or the united nations; iv countries providing funding or support for terrorism; v countries that have organisations operating within their territory which have been designated - aa by the government of the united kingdom as proscribed organisations under schedule 2 to the terrorism act 2000 , or bb by other countries, international organisations or the european union as terrorist organisations; vi countries identified by credible sources, such as evaluations, detailed assessment reports or published follow-up reports published by the financial action task force, the international monetary fund, the world bank, the organisation for economic co-operation and development or other international bodies or non-governmental organisations as not implementing requirements to counter money laundering and terrorist financing that are consistent with the recommendations published by the financial action task force in february 2012 and updated in october 2016. 7 in making the assessment referred to in paragraph (6), relevant persons must bear in mind that the presence of one or more risk factors may not always indicate that there is a high risk of money laundering or terrorist financing in a particular situation. 8 in determining what measures to take when paragraph (1) applies, and what the extent of those measures should be, credit institutions and financial institutions must also take account of any guidelines issued by the european supervisory authorities under article 18.4 of the fourth money laundering directive. enhanced customer due diligence: credit institutions, financial institutions and correspondent relationships 34 1 a credit institution or financial institution (the "correspondent") which has or proposes to have a correspondent relationship with another such institution (the "respondent") from a third country must, in addition to the measures required by regulation 33 - a gather sufficient information about the respondent to understand fully the nature of its business; b determine from publicly-available information from credible sources the reputation of the respondent and the quality of the supervision to which the respondent is subject; c assess the respondent's controls to counter money laundering and terrorist financing; d obtain approval from senior management before establishing a new correspondent relationship; e document the responsibilities of the respondent and correspondent in the correspondent relationship; and f be satisfied that, in respect of those of the respondent's customers who have direct access to accounts with the correspondent, the respondent - i has verified the identity of, and conducts ongoing customer due diligence measures in relation to, such customers; and ii is able to provide to the correspondent, upon request, the documents or information obtained when applying such customer due diligence measures. 2 credit institutions and financial institutions must not enter into, or continue, a correspondent relationship with a shell bank. 3 credit institutions and financial institutions must take appropriate enhanced measures to ensure that they do not enter into, or continue, a correspondent relationship with a credit institution or financial institution which is known to allow its accounts to be used by a shell bank. 4 for the purposes of this regulation - a "correspondent relationship" means - i the provision of banking services by a correspondent to a respondent including providing a current or other liability account and related services, such as cash management, international funds transfers, cheque clearing, providing customers of the respondent with direct access to accounts with the correspondent (and vice versa) and providing foreign exchange services; or ii the relationship between and among credit institutions and financial institutions including where similar services are provided by a correspondent to a respondent, and including relationships established for securities transactions or funds transfers; b a "shell bank" means a credit institution or financial institution, or an institution engaged in equivalent activities to those carried out by credit institutions or financial institutions, incorporated in a jurisdiction in which it has no physical presence involving meaningful decision-making and management, and which is not part of a financial conglomerate or third-country financial conglomerate; c in sub-paragraph (b), "financial conglomerate" and "third-country financial conglomerate" have the meanings given by regulations 1(2) and 7(1) respectively of the financial conglomerates and other financial groups regulations 2004 . enhanced customer due diligence: politically exposed persons 35 1 a relevant person must have in place appropriate risk-management systems and procedures to determine whether a customer or the beneficial owner of a customer is - a a politically exposed person (a "pep"); or b a family member or a known close associate of a pep, and to manage the enhanced risks arising from the relevant person's business relationship or transactions with such a customer. 2 in determining what risk-management systems and procedures are appropriate under paragraph (1) , the relevant person must take account of - a the risk assessment it carried out under regulation 18(1) ; b the level of risk of money laundering and terrorist financing inherent in its business; c the extent to which that risk would be increased by its business relationship or transactions with a pep, or a family member or known close associate of a pep, and d any relevant information made available to the relevant person under regulations 17(9) and 47 . 3 if a relevant person has determined that a customer or a potential customer is a pep, or a family member or known close associate of a pep, the relevant person must assess - a the level of risk associated with that customer, and b the extent of the enhanced customer due diligence measures to be applied in relation to that customer. 4 in assessing the extent of the enhanced customer due diligence measures to be taken in relation to any particular person (which may differ from case to case), a relevant person - a must take account of any relevant information made available to the relevant person under regulations 17(9) and 47 ; and b may take into account any guidance which has been - i issued by the fca; or ii issued by any other supervisory authority or appropriate body and approved by the treasury. 5 a relevant person who proposes to have, or to continue, a business relationship with a pep, or a family member or a known close associate of a pep, must, in addition to the measures required by regulation 33 - a have approval from senior management for establishing or continuing the business relationship with that person; b take adequate measures to establish the source of wealth and source of funds which are involved in the proposed business relationship or transactions with that person; and c where the business relationship is entered into, conduct enhanced ongoing monitoring of the business relationship with that person. 6 a relevant person which is providing a customer with a contract of long-term insurance (an "insurance policy") must take reasonable measures to determine whether one or more of the beneficiaries of the insurance policy or the beneficial owner of a beneficiary of such an insurance policy are - a peps, or b family members or known close associates of peps. 7 the measures required under paragraph (6) must be taken before - a any payment is made under the insurance policy, or b the benefit of the insurance policy is assigned in whole or in part to another person. 8 a relevant person must, in addition to the measures required by regulation 33 , ensure that - a its senior management is informed before it pays out any sums under an insurance policy the beneficiary of which is a pep or a person who comes within paragraph (6) (b) in relation to a pep, and b its entire business relationship with the holder of the insurance policy ("the policy holder") is scrutinised on an ongoing basis in accordance with enhanced procedures, whether or not the policy holder is a pep or a family member or known close associate of a pep. 9 where a person who was a pep is no longer entrusted with a prominent public function, a relevant person must continue to apply the requirements in paragraphs (5) and (8) in relation to that person - a for a period of at least 12 months after the date on which that person ceased to be entrusted with that public function; or b for such longer period as the relevant person considers appropriate to address risks of money laundering or terrorist financing in relation to that person. 10 paragraph (9) does not apply in relation to a person who - a was not a politically exposed person within the meaning of regulation 14(5) of the money laundering regulations 2007 , when those regulations were in force; and b ceased to be entrusted with a prominent public function before the date on which these regulations come into force. 11 when a person who was a pep is no longer entrusted with a prominent public function, the relevant person is no longer required to apply the requirements in paragraphs (5) and (8) in relation to a family member or known close associate of that pep (whether or not the period referred to in paragraph (9) has expired). 12 in this regulation - a "politically exposed person" or "pep" means an individual who is entrusted with prominent public functions, other than as a middle-ranking or more junior official; b "family member" of a politically exposed person includes - i a spouse or civil partner of the pep; ii children of the pep and the spouses or civil partners of the pep's children; iii parents of the pep; c "known close associate" of a pep means - i an individual known to have joint beneficial ownership of a legal entity or a legal arrangement or any other close business relations with a pep; ii an individual who has sole beneficial ownership of a legal entity or a legal arrangement which is known to have been set up for the benefit of a pep. 13 for the purposes of paragraph (5), a reference to a business relationship with an individual includes a reference to a business relationship with a person of which the individual is a beneficial owner. 14 for the purposes of paragraphs (9), (11) and (12) (a), individuals entrusted with prominent public functions include - a heads of state, heads of government, ministers and deputy or assistant ministers; b members of parliament or of similar legislative bodies; c members of the governing bodies of political parties; d members of supreme courts, of constitutional courts or of any judicial body the decisions of which are not subject to further appeal except in exceptional circumstances; e members of courts of auditors or of the boards of central banks; f ambassadors, charges d'affaires and high-ranking officers in the armed forces; g members of the administrative, management or supervisory bodies of state-owned enterprises; h directors, deputy directors and members of the board or equivalent function of an international organisation. 15 for the purpose of deciding whether a person is a known close associate of a politically exposed person, a relevant person need only have regard to information which is in its possession, or to credible information which is publicly available. politically exposed persons: other duties 36 1 the duty under section 30(1) of the bank of england and financial services act 2016 (duty to ensure that regulations or orders implementing the fourth money laundering directive comply with paragraphs (a) to (d) of that subsection) does not apply if, and to the extent that, the duty is otherwise satisfied as a result of any provision contained in these regulations, or any guidance issued by the fca under these regulations. 2 the duty under section 333u(1) and (2) of fsma (duty to issue guidance in connection with politically exposed persons) does not apply if, and to the extent that, the duty is otherwise satisfied as a result of guidance issued by the fca under these regulations. chapter 3 simplified customer due diligence application of simplified customer due diligence 37 1 a relevant person may apply simplified customer due diligence measures in relation to a particular business relationship or transaction if it determines that the business relationship or transaction presents a low degree of risk of money laundering and terrorist financing, having taken into account - a the risk assessment it carried out under regulation 18(1) ; b relevant information made available to it under regulations 17(9) and 47 ; and c the risk factors referred to in paragraph (3) . 2 where a relevant person applies simplified customer due diligence measures, it must - a continue to comply with the requirements in regulation 28 , but it may adjust the extent, timing or type of the measures it undertakes under that regulation to reflect its determination under paragraph (1); and b carry out sufficient monitoring of any business relationships or transactions which are subject to those measures to enable it to detect any unusual or suspicious transactions. 3 when assessing whether there is a low degree of risk of money laundering and terrorist financing in a particular situation, and the extent to which it is appropriate to apply simplified customer due diligence measures in that situation, the relevant person must take account of risk factors including, among other things - a customer risk factors, including whether the customer - i is a public administration, or a publicly owned enterprise; ii is an individual resident in a geographical area of lower risk (see sub-paragraph (c)); iii is a credit institution or a financial institution which is - aa subject to the requirements in national legislation implementing the fourth money laundering directive as an obliged entity (within the meaning of that directive), and bb supervised for compliance with those requirements in accordance with section 2 of chapter vi of the fourth money laundering directive; iv is a company whose securities are listed on a regulated market, and the location of the regulated market; b product, service, transaction or delivery channel risk factors, including whether the product or service is - i a life insurance policy for which the premium is low; ii an insurance policy for a pension scheme which does not provide for an early surrender option, and cannot be used as collateral; iii a pension, superannuation or similar scheme which satisfies the following conditions - aa the scheme provides retirement benefits to employees; bb contributions to the scheme are made by way of deductions from wages; and cc the scheme rules do not permit the assignment of a member's interest under the scheme; iv a financial product or service that provides appropriately defined and limited services to certain types of customers to increase access for financial inclusion purposes in an eea state; v a product where the risks of money laundering and terrorist financing are managed by other factors such as purse limits or transparency of ownership; vi a child trust fund within the meaning given by section 1(2) of the child trust funds act 2004 ; vii a junior isa within the meaning given by regulation 2b of the individual savings account regulations 1998 ; c geographical risk factors, including whether the country where the customer is resident, established or registered or in which it operates is - i an eea state; ii a third country which has effective systems to counter money laundering and terrorist financing; iii a third country identified by credible sources as having a low level of corruption or other criminal activity, such as terrorism (within the meaning of section 1 of the terrorism act 2000 ), money laundering, and the production and supply of illicit drugs; iv a third country which, on the basis of credible sources, such as evaluations, detailed assessment reports or published follow-up reports published by the financial action task force, the international monetary fund, the world bank, the organisation for economic co-operation and development or other international bodies or non-governmental organisations - aa has requirements to counter money laundering and terrorist financing that are consistent with the revised recommendations published by the financial action task force in february 2012 and updated in october 2016; and bb effectively implements those recommendations. 4 in making the assessment referred to in paragraph (3), relevant persons must bear in mind that the presence of one or more risk factors may not always indicate that there is a low risk of money laundering and terrorist financing in a particular situation. 5 a relevant person may apply simplified customer due diligence measures where the customer is a person to whom paragraph (6) applies and the product is an account into which monies are pooled (the "pooled account"), provided that - a the business relationship with the holder of the pooled account presents a low degree of risk of money laundering and terrorist financing; and b information on the identity of the persons on whose behalf monies are held in the pooled account is available, on request to the relevant person where the pooled account is held. 6 this paragraph applies to - a a relevant person who is subject to these regulations under regulation 8 ; b a person who carries on business in an eea state other than the united kingdom who is - i subject to the requirements in national legislation implementing the fourth money laundering directive as an obliged entity (within the meaning of that directive), and ii supervised for compliance with those requirements in accordance with section 2 of chapter vi of the fourth money laundering directive. 7 in determining what simplified customer due diligence measures to take, and the extent of those measures, when paragraph (1) applies, credit institutions and financial institutions must also take account of any guidelines issued by the european supervisory authorities under article 17 of the fourth money laundering directive. 8 a relevant person must not continue to apply simplified customer due diligence measures under paragraph (1) - a if it doubts the veracity or accuracy of any documents or information previously obtained for the purposes of identification or verification; b if its risk assessment changes and it no longer considers that there is a low degree of risk of money laundering and terrorist financing; c if it suspects money laundering or terrorist financing; or d if any of the conditions set out in regulation 33(1) apply. electronic money 38 1 subject to paragraph (3), a relevant person is not required to apply customer due diligence measures in relation to electronic money, and regulations 27 , 28 , 30 and 33 to 37 do not apply provided that - a the maximum amount which can be stored electronically is 250 euros, or (if the amount stored can only be used in the united kingdom), 500 euros; b the payment instrument used in connection with the electronic money ("the relevant payment instrument") is - i not reloadable; or ii is subject to a maximum limit on monthly payment transactions of 250 euros which can only be used in the united kingdom; c the relevant payment instrument is used exclusively to purchase goods or services; d anonymous electronic money cannot be used to fund the relevant payment instrument. 2 paragraph (1) does not apply to any transaction which consists of the redemption in cash, or a cash withdrawal, of the monetary value of the electronic money, where the amount redeemed exceeds 100 euros. 3 the issuer of the relevant payment instrument must carry out sufficient monitoring of its business relationship with the users of electronic money and of transactions made using the relevant payment instrument to enable it to detect any unusual or suspicious transactions. 4 a relevant person is not prevented from applying simplified customer due diligence measures in relation to electronic money because the conditions set out in paragraph (1) are not satisfied, provided that such measures are permitted under regulation 37 . 5 for the purposes of this regulation "payment instrument" has the meaning given by regulation 2(1) of the electronic money regulations 2011 . part 4 reliance and record-keeping reliance 39 1 a relevant person may rely on a person who falls within paragraph (3) ("the third party") to apply any of the customer due diligence measures required by regulation 28(2) to (6) and (10) but, notwithstanding the relevant person's reliance on the third party, the relevant person remains liable for any failure to apply such measures. 2 when a relevant person relies on the third party to apply customer due diligence measures under paragraph (1) it - a must immediately obtain from the third party all the information needed to satisfy the requirements of regulation 28(2) to (6) and (10) in relation to the customer, customer's beneficial owner, or any person acting on behalf of the customer; b must enter into arrangements with the third party which - i enable the relevant person to obtain from the third party immediately on request copies of any identification and verification data and any other relevant documentation on the identity of the customer, customer's beneficial owner, or any person acting on behalf of the customer; ii require the third party to retain copies of the data and documents referred to in paragraph (i) for the period referred to in regulation 40 . 3 the persons within this paragraph are - a another relevant person who is subject to these regulations under regulation 8 ; b a person who carries on business in an eea state other than the united kingdom who is - i subject to the requirements in national legislation implementing the fourth money laundering directive as an obliged entity (within the meaning of that directive), and ii supervised for compliance with those requirements in accordance with section 2 of chapter vi of the fourth money laundering directive; or c a person who carries on business in a third country who is - i subject to requirements in relation to customer due diligence and record keeping which are equivalent to those laid down in the fourth money laundering directive; and ii supervised for compliance with those requirements in a manner equivalent to section 2 of chapter vi of the fourth money laundering directive; d organisations whose members consist of persons within sub-paragraph (a), (b) or (c). 4 a relevant person may not rely on a third party established in a country which has been identified by the european commission as a high-risk third country in delegated acts adopted under article 9.2 of the fourth money laundering directive, and for these purposes "high-risk third country" has the meaning given in regulation 33(3) . 5 paragraph (4) does not apply to a branch or majority owned subsidiary of an entity established in an eea state if all the following conditions are met - a the entity is - i subject to requirements in national legislation implementing the fourth money laundering directive as an obliged entity (within the meaning of that directive); and ii supervised for compliance with those requirements in accordance with section 2 of chapter vi of the fourth money laundering directive; b the branch or subsidiary complies fully with procedures and policies established for the group under article 45 of the fourth money laundering directive. 6 a relevant person is to be treated by a supervisory authority as having complied with the requirements of paragraph (2) if - a the relevant person is relying on information provided by a third party which is a member of the same group as the relevant person; b that group applies customer due diligence measures, rules on record keeping and programmes against money laundering and terrorist financing in accordance with these regulations, the fourth money laundering directive or rules having equivalent effect; and c the effective implementation of the requirements referred to in sub-paragraph (b) is supervised at group level by - i an authority of an eea state other than the united kingdom with responsibility for the functions provided for in the fourth money laundering directive; or ii an equivalent authority of a third country. 7 nothing in this regulation prevents a relevant person applying customer due diligence measures by means of an agent or an outsourcing service provider provided that the arrangements between the relevant person and the agent or outsourcing service provider provide for the relevant person to remain liable for any failure to apply such measures. 8 for the purposes of paragraph (7), an "outsourcing service provider" means a person who - a performs a process, a service or an activity that would otherwise be undertaken by the relevant person, and b is not an employee of the relevant person. record-keeping 40 1 subject to paragraph (5) , a relevant person must keep the records specified in paragraph (2) for at least the period specified in paragraph (3) . 2 the records are - a a copy of any documents and information obtained by the relevant person to satisfy the customer due diligence requirements in regulations 28 , 29 and 33 to 37 ; b sufficient supporting records (consisting of the original documents or copies) in respect of a transaction (whether or not the transaction is an occasional transaction) which is the subject of customer due diligence measures or ongoing monitoring to enable the transaction to be reconstructed. 3 subject to paragraph (4) , the period is five years beginning on the date on which the relevant person knows, or has reasonable grounds to believe - a that the transaction is complete, for records relating to an occasional transaction; or b that the business relationship has come to an end for records relating to - i any transaction which occurs as part of a business relationship, or ii customer due diligence measures taken in connection with that relationship. 4 a relevant person is not required to keep the records referred to in paragraph (3)(b)(i) for more than 10 years. 5 once the period referred to in paragraph (3) , or if applicable paragraph (4), has expired, the relevant person must delete any personal data obtained for the purposes of these regulations unless - a the relevant person is required to retain records containing personal data - i by or under any enactment, or ii for the purposes of any court proceedings; b the data subject has given consent to the retention of that data; or c the relevant person has reasonable grounds for believing that records containing the personal data need to be retained for the purpose of legal proceedings. 6 a relevant person who is relied on by another person must keep the records specified in paragraph (2) for the period referred to in paragraph (3) or, if applicable, paragraph (4) . 7 a person referred to in regulation 39(3) ("a") who is relied on by a relevant person ("b") must, if requested by b within the period referred to in paragraph (3) or, if applicable, paragraph (4), immediately - a make available to b any information about the customer, any person purporting to act on behalf of the customer and any beneficial owner of the customer, which a obtained when applying customer due diligence measures; and b forward to b copies of any identification and verification data and other relevant documents on the identity of the customer, any person purporting to act on behalf of the customer and any beneficial owner of the customer, which a obtained when applying those measures. 8 paragraph (7) does not apply where a relevant person applies customer due diligence measures by means of an agent or an outsourcing service provider (within the meaning of regulation 39(8) ). 9 for the purposes of this regulation - a b relies on a where b does so in accordance with regulation 39(1) ; b "copy" means a copy of the original document which would be admissible as evidence of the original document in court proceedings; c "personal data" and "data subject" have the meanings given in section 1 of the data protection act 1998 . data protection 41 1 any personal data obtained by relevant persons for the purposes of these regulations may only be processed for the purposes of preventing money laundering or terrorist financing. 2 processing personal data for the purposes of preventing money laundering or terrorist financing is to be considered to be necessary for the exercise of - a a function of a public nature in the public interest for the purposes of paragraph 5(d) of schedule 2 to the data protection act 1998 (conditions relevant for processing personal data) ; and b a function conferred by or under an enactment for the purposes of paragraph 7(1)(b) of schedule 3 to the data protection act 1998 (conditions relevant for processing sensitive personal data) . 3 no other use may be made of personal data referred to in paragraph (1) , unless - a use of the data is permitted by or under an enactment other than these regulations; or b the relevant person has obtained the consent of the data subject to the proposed use of the data. 4 relevant persons must provide new customers with the following information before establishing a business relationship or entering into an occasional transaction with the customer - a the information specified in paragraph 2(3) in part 2 of schedule 1 to the data protection act 1998 (interpretation of data protection principles); b a statement that any personal data received from the customer will be processed only for the purposes of preventing money laundering or terrorist financing, or as permitted under paragraph (3). 5 for the purposes of this regulation, "personal data", "processing" and "data subject" have the meanings given in section 1 of the data protection act 1998 (basic interpretative provisions). part 5 beneficial ownership information application of this part 42 1 this part applies to uk bodies corporate and relevant trusts. 2 for the purposes of this part - a a "uk body corporate" is a body corporate which is incorporated under the law of the united kingdom or any part of the united kingdom, and includes an eligible scottish partnership; b a "relevant trust" is - i a uk trust which is an express trust; or ii a non-uk trust which is an express trust; and aa receives income from a source in the united kingdom; or bb has assets in the united kingdom, on which it is liable to pay one or more of the taxes referred to in regulation 45(14) ; c a trust is a "uk trust" if - i all the trustees are resident in the united kingdom; or ii sub-paragraph (d) applies; d this sub-paragraph applies if - i at least one trustee is resident in the united kingdom, and ii the settlor was resident and domiciled in the united kingdom at the time when - aa the trust was set up, or bb the settlor added funds to the trust; e a trust is a "non-uk trust" if it is not a uk trust; f a "collective investment scheme" has the meaning given in regulation 12h of the international tax compliance regulations 2015 . 3 a trustee or settlor is resident in the united kingdom - a in the case of a body corporate, if it is a uk body corporate; b in the case of an individual, if the individual is resident in the united kingdom for the purposes of one or more of the taxes referred to in regulation 45(14) . corporate bodies: obligations 43 1 when a uk body corporate which is not listed on a regulated market enters into a relevant transaction with a relevant person, or forms a business relationship with a relevant person, the body corporate must on request from the relevant person provide the relevant person with - a information identifying - i its name, registered number, registered office and principal place of business; ii its board of directors, or if there is no board, the members of the equivalent management body; iii the senior persons responsible for its operations; iv the law to which it is subject; v its legal owners; vi its beneficial owners; and b its articles of association or other governing documents. 2 for the purposes of paragraph (1)(a)(v) and (vi), references to the legal owners and beneficial owners of a uk body corporate include a reference to the legal owners and beneficial owners of any body corporate or trust which is directly or indirectly a legal owner or beneficial owner of that body corporate. 3 paragraph (1) (a)(vi) does not apply if no person qualifies as a beneficial owner (within the meaning of regulation 5(1) ) of - a the uk body corporate; or b any body corporate which is directly or indirectly the owner of that uk body corporate. 4 if, during the course of a business relationship, there is any change in the identity of the individuals or information falling within paragraph (1), the uk body corporate referred to in paragraph (1) must notify the relevant person of the change and the date on which it occurred within fourteen days from the date on which the body corporate becomes aware of the change. 5 the uk body corporate must on request provide all or part of the information referred to in paragraph (1) to a law enforcement authority. 6 information requested under paragraph (5) , must be provided before the end of such reasonable period as may be specified by the law enforcement authority. 7 the provision of information in accordance with this regulation is not to be taken to breach any restriction, however imposed, on the disclosure of information. 8 where a disclosure is made in good faith in accordance with this regulation no civil liability arises in respect of the disclosure on the part of the uk body corporate. 9 for the purposes of this regulation, a "relevant transaction" means a transaction in relation to which the relevant person is required to apply customer due diligence measures under regulation 27 . trustee obligations 44 1 the trustees of a relevant trust must maintain accurate and up-to-date records in writing of all the beneficial owners of the trust, and of any potential beneficiaries referred to in paragraph (5)(b), containing the information required by regulation 45(2)(b) to (d) and (5) (f) and (g) . 2 when a trustee of a relevant trust, acting as trustee, enters into a relevant transaction with a relevant person, or forms a business relationship with a relevant person, the trustee must - a inform the relevant person that it is acting as trustee; and b on request from the relevant person, provide the relevant person with information identifying all the beneficial owners of the trust (which, in the case of a class of beneficiaries, may be done by describing the class of persons who are beneficiaries or potential beneficiaries under the trust). 3 if, during the course of a business relationship, there is any change in the information provided under paragraph (2), the trustees must notify the relevant person of the change and the date on which it occurred within fourteen days from the date on which any one of the trustees became aware of the change. 4 for the purposes of this regulation, a "relevant transaction" means a transaction in relation to which the relevant person is required to apply customer due diligence measures under regulation 27 . 5 the trustees of a relevant trust must on request provide information to any law enforcement authority - a about the beneficial owners of the trust; and b about any other individual referred to as a potential beneficiary in a document from the settlor relating to the trust such as a letter of wishes. 6 information requested under paragraph (5) must be provided before the end of such reasonable period as may be specified by the law enforcement authority. 7 the provision of information in accordance with this regulation is not to be taken to breach any restriction, however imposed, on the disclosure of information. 8 where a disclosure is made in good faith in accordance with this regulation no civil liability arises in respect of the disclosure on the part of the trustees of a relevant trust. 9 if the trustees of a relevant trust are relevant persons who are being paid to act as trustees of that trust, they must - a retain the records referred to in paragraph (1) for a period of five years after the date on which the final distribution is made under the trust; b make arrangements for those records to be deleted at the end of that period, unless - i the trustees are required to retain them by or under any enactment or for the purpose of court proceedings; ii any person to whom information in a record relates consents to the retention of that information; or iii the trustees have reasonable grounds for believing that records containing the personal data need to be retained for the purpose of legal proceedings. 10 for the purposes of this regulation, any of the following authorities is a law enforcement authority - a the commissioners; b the fca; c the nca; d police forces maintained under section 2 of the police act 1996 ; e the police of the metropolis; f the police for the city of london; g the police service of scotland; h the police service of northern ireland; i the serious fraud office. 11 for the purposes of this regulation, in the case of a relevant trust which is a collective investment scheme, a reference to the trustees of a relevant trust includes a reference to the manager or operator of the collective investment scheme. register of beneficial ownership 45 1 the commissioners must maintain a register ("the register") of - a beneficial owners of taxable relevant trusts; and b potential beneficiaries (referred to in regulation 44(5)(b) ) of taxable relevant trusts. 2 the trustees of a taxable relevant trust must within the time specified in paragraph (3) provide the commissioners with - a the information specified in paragraph (5) in relation to the trust; b the information specified in paragraph (6) in relation to each of the individuals referred to in regulation 44(2)(b) and (5) (b) (but if sub-paragraph (d) applies, this information does not need to be provided in relation to the beneficiaries of the trust); c the information specified in paragraph (7) in relation to each of the legal entities referred to in regulation 44(2)(b) ; d the information specified in paragraph (8) , where the beneficial owners include a class of beneficiaries, not all of whom have been determined. 3 the information required under paragraph (2) must be provided on or before - a 31st january 2018; b 31st january after the tax year in which the trustees were first liable to pay any of the taxes referred to in paragraph (14) ("uk taxes"). 4 the information required under paragraph (2) must be provided in such form as the commissioners reasonably require. 5 the information specified in this paragraph is - a the full name of the trust; b the date on which the trust was set up; c a statement of accounts for the trust, describing the trust assets and identifying the value of each category of the trust assets at the date on which the information is first provided to the commissioners (including the address of any property held by the trust); d the country where the trust is considered to be resident for tax purposes; e the place where the trust is administered; f a contact address for the trustees; g the full name of any advisers who are being paid to provide legal, financial or tax advice to the trustees in relation to the trust. 6 the information specified in this paragraph is - a the individual's full name; b the individual's national insurance number or unique taxpayer reference, if any; c if the individual does not have a national insurance number or unique taxpayer reference, the individual's usual residential address; d if the address provided under sub-paragraph (c) is not in the united kingdom - i the individual's passport number or identification card number, with the country of issue and the expiry date of the passport or identification card; or ii if the individual does not have a passport or identification card, the number, country of issue and expiry date of any equivalent form of identification; e the individual's date of birth; f the nature of the individual's role in relation to the trust. 7 the information specified in this paragraph is - a the legal entity's corporate or firm name; b the legal entity's unique taxpayer reference, if any; c the registered or principal office of the legal entity; d the legal form of the legal entity and the law by which it is governed; e if applicable, the name of the register of companies in which the legal entity is entered (including details of the eea state or third country in which it is registered), and its registration number in that register; f the nature of the entity's role in relation to the trust. 8 the information specified in this paragraph is a description of the class of persons who are beneficiaries or potential beneficiaries under the trust. 9 the trustees of a taxable relevant trust must - a if a trustee becomes aware that any of the information provided to the commissioners under paragraph (2) (other than information provided in relation to the value of the trust assets under paragraph (5) (c) ) has changed, notify the commissioners of the change and the date on which it occurred on or before 31st january - i after the tax year in which the change occurred; or ii if the trustees are not liable to pay any uk taxes in that year, after the tax year in which the trustees are liable to pay any uk taxes; or b if the trustees are not aware of any change to any of the information provided under paragraph (2) , confirm that fact to the commissioners on or before 31st january after the tax year in which the trustees are liable to pay any uk taxes. 10 the register must contain the information referred to in regulation 44(2)(b) and (5) (b) in relation to taxable relevant trusts. 11 the commissioners may keep the register in any form they think fit. 12 the commissioners must ensure that the information on the register may be inspected by any law enforcement authority. 13 the commissioners must make arrangements to ensure that the nca are able to use information on the register to respond promptly to a request for information about the persons referred to in regulation 44(2)(b) and (5) (b) made by - a an authority responsible for functions provided for in the fourth money laundering directive in an eea state other than the united kingdom, or b a financial intelligence unit of an eea state other than the united kingdom. 14 for the purposes of this regulation, a taxable relevant trust is a relevant trust in any year in which its trustees are liable to pay any of the following taxes in the united kingdom in relation to assets or income of the trust - a income tax; b capital gains tax; c inheritance tax; d stamp duty land tax (within the meaning of section 42 of the finance act 2003 ); e land and buildings transaction tax (within the meaning of section 1 of the land and buildings transaction tax (scotland) act 2013 ); f stamp duty reserve tax. 15 for the purpose of this regulation, in the case of a taxable relevant trust which is a collective investment scheme, a reference to the trustees of a taxable relevant trust includes a reference to the manager or operator of the collective investment scheme. part 6 money laundering and terrorist financing: supervision and registration chapter 1 duties of supervisory authorities duties of supervisory authorities 46 1 a supervisory authority must effectively monitor the relevant persons for which it is the supervisory authority ("its own sector") and take necessary measures for the purpose of securing compliance by such persons with the requirements of these regulations. 2 each supervisory authority must - a adopt a risk-based approach to the exercise of its supervisory functions, informed by the risk assessments carried out by the authority under regulation 17 ; b ensure that its employees and officers have access both at its offices and elsewhere to relevant information on the domestic and international risks of money laundering and terrorist financing which affect its own sector; c base the frequency and intensity of its on-site and off-site supervision on the risk profiles prepared under regulation 17(4) ; d keep a record in writing of the actions it has taken in the course of its supervision, and of its reasons for deciding not to act in a particular case; e take effective measures to encourage its own sector to report breaches of the provisions of these regulations to it. 3 in determining its approach to the exercise of its supervisory functions the supervisory authority must - a take account of any guidelines issued by the european supervisory authorities under articles 17, 18.4 and 48.10 of the fourth money laundering directive; b take account of the degree of discretion permitted to relevant persons in taking measures to counter money laundering and terrorist financing. 4 in accordance with its risk-based approach, the supervisory authority must take appropriate measures to review - a the risk assessments carried out by relevant persons under regulation 18 ; b the adequacy of the policies, controls and procedures adopted by relevant persons under regulation 19 to 21 and 24 , and the way in which those policies, controls and procedures have been implemented. 5 a supervisory authority which, in the course of carrying out any of its supervisory functions or otherwise, knows or suspects, or has reasonable grounds for knowing or suspecting, that a person is or has engaged in money laundering or terrorist financing must as soon as practicable inform the nca. 6 a disclosure made under paragraph (5) is not to be taken to breach any restriction, however imposed, on the disclosure of information. 7 where a disclosure under paragraph (5) is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by whom, or on whose behalf, it is made. 8 the fca, when carrying out its supervisory functions in relation to an auction platform - a must effectively monitor the auction platform's compliance with - i the customer due diligence requirements of articles 19 and 20.6 of the emission allowance auctioning regulation; ii the monitoring and record-keeping requirements of article 54 of that regulation; and iii the notification requirements of article 55.2 and 55.3 of that regulation; and b may monitor the auction platform's compliance with regulations 18 to 21 and 24 of these regulations. 9 the functions of the fca under these regulations shall be treated for the purposes of parts 1, 2 and 4 of schedule 1za to fsma (the financial conduct authority) as functions conferred on the fca under that act. duties of supervisory authorities: information 47 1 a supervisory authority must, in any way it considers appropriate, make up-to-date information on money laundering and terrorist financing available to those relevant persons which it supervises ("its own sector"). 2 the information referred to in paragraph (1) must include the following - a information on the money laundering and terrorist financing practices considered by the supervisory authority to apply to its own sector; b a description of indications which may suggest that a transfer of criminal funds is taking place in its own sector; c a description of the circumstances in which the supervisory authority considers that there is a high risk of money laundering or terrorist financing. 3 the information referred to in paragraph (1) must also include information from the following sources which the supervisory authority considers is relevant to its own sector - a reports drawn up by the european commission under article 6.1 of the fourth money laundering directive; b recommendations made by the european commission under article 6.4 of that directive (unless the treasury and the home office notify the supervisory authority that a recommendation will not be followed); c joint opinions issued by the european supervisory authorities under article 6.5 of that directive; d high-risk third countries identified in delegated acts adopted by the european commission under article 9.2 of the fourth money laundering directive; e guidelines issued by the european supervisory authorities under articles 17, 18.4, or 48.10 of that directive; f the report prepared by the treasury and the home office under regulation 16(6) ; g any relevant information made available by the treasury and the home office under regulation 16(8) ; h any relevant information published by the director general of the nca under section 4(9) (operations) or 6 (duty to publish information) of the crime and courts act 2013 . duties of the fca: guidance on politically exposed persons 48 1 the fca must give guidance under section 139a of fsma (power of the fca to give guidance) to relevant persons, who are subject to rules made by the fca, in relation to the enhanced customer due diligence measures required under regulation 35 in respect of politically exposed persons ("peps"), their family members and known close associates (within the meanings given in regulation 35(12)). 2 the guidance referred to in paragraph (1) must include guidance on the following matters - a taking into account regulation 35(14), what functions are, and are not, to be taken to be "prominent public functions" for the purposes of determining whether an individual is a pep; b which persons should be treated as coming within the definitions of - i a family member of a pep; or ii a known close associate of a pep; c what constitutes "appropriate risk-management systems and procedures" for the purposes of regulation 35(1); d what account is to be taken of the jurisdiction in which the prominent public function arises (taking into consideration the controls against money-laundering and terrorist financing in different jurisdictions); e how the level of risk associated with a particular individual is to be assessed for the purposes of regulation 35(3) , and what approach is to be taken in relation to a pep, or a family member or known close associate of a pep, if the pep, family member or close associate is assessed as presenting a low level of risk; f who should be treated as coming within the meaning of "senior management" for the purposes of regulation 35(5) and (8); g the situations in which it would be appropriate for the senior management approval mentioned in regulation 35(5) to be given by an individual who is not a member of the board of directors (or, if there is no such board, a member of the equivalent management body) of a business; h what constitutes "adequate measures" and "reasonable measures" for the purposes of paragraphs (5) and (6) respectively of regulation 35; i the extent to which information on public registers may be taken into account for the purposes of regulation 35(5) and (6); j what sort of monitoring and scrutiny is required for the purposes of regulation 35(5) and (8); k what measures are required in relation to persons who have ceased to be peps to comply with regulation 35(9); and l how to address risks of money laundering or terrorist financing where a pep, a family member of a pep or a known close associate of a pep, is - i the beneficial owner of a customer; ii a beneficiary of a contract of long-term insurance; iii the beneficial owner of a beneficiary of a contract of long-term insurance. duties of self-regulatory organisations 49 1 self-regulatory organisations must make arrangements to ensure that - a their supervisory functions are exercised independently of any of their other functions which do not relate to disciplinary matters; b sensitive information relating to the supervisory functions is appropriately handled within the organisation; c they employ only persons with appropriate qualifications, integrity and professional skills to carry out the supervisory functions; d contravention of a relevant requirement by a relevant person they are responsible for supervising renders that person liable to effective, proportionate and dissuasive disciplinary measures under their rules. 2 self-regulatory organisations must - a provide adequate resources to carry out the supervisory functions; b appoint a person to monitor and manage the organisation's compliance with its duties under these regulations. 3 the person appointed under paragraph (2)(b) is to be responsible - a for liaison with - i another supervisory authority or a registering authority (within the meaning of regulation 53); ii any law enforcement authority; and iii any overseas authority (within the meaning of regulation 50(4) ) b for ensuring that the self-regulatory organisation responds fully and rapidly to any request from an authority referred to in paragraph (a)(i) or (ii) for information about any person it supervises, whether that request concerns an application by that person for registration or any other matter. duty to co-operate 50 1 a supervisory authority must take such steps as it considers appropriate - a to co-operate with other supervisory authorities, the treasury and law enforcement authorities in relation to the development and implementation of policies to counter money laundering and terrorist financing; b to co-ordinate activities to counter money laundering and terrorist financing with other supervisory authorities and law enforcement authorities; c to co-operate with overseas authorities to ensure the effective supervision of a relevant person to which paragraph (2) applies. 2 this paragraph applies to a relevant person established - a in the united kingdom, which has its head office in another country; or b in another country but which has its head office in the united kingdom. 3 co-operation may include the sharing of information which the supervisory authority is not prevented from disclosing. 4 for the purposes of this regulation "overseas authority" means - a an authority responsible for any of the functions provided for in the fourth money laundering directive in an eea state other than the united kingdom in which the relevant person is established or has its head office; and b where the relevant person is established or has its head office in a country which is not an eea state, an authority in that country which has equivalent functions to any of the functions provided for in the fourth money laundering directive. 5 a supervisory authority must on request provide a european supervisory authority with information reasonably required by the authority to enable it to carry out its duties under the fourth money laundering directive. regulatory information 51 1 a supervisory authority within regulation 7 must collect such information as it considers necessary for the purpose of performing its supervisory functions, including the information specified in schedule 4. 2 a supervisory authority within regulation 7 must on request provide the treasury with such information collected under paragraph (1) as may be specified by the treasury, for the purpose of enabling the treasury to comply with its obligations under article 6, 7 or 44 of the fourth money laundering directive. 3 the treasury must publish an annual consolidated review of the information provided by the supervisory authorities under paragraph (2) . 4 a disclosure made under paragraph (2) is not to be taken to breach any restriction, however imposed, on the disclosure of information. 5 where a disclosure under paragraph (2) is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by whom, or on whose behalf, it is made. disclosure by supervisory authorities 52 1 a supervisory authority may disclose to a relevant authority information it holds relevant to its supervisory functions, provided the disclosure is made for purposes connected with the effective exercise of - a the functions of the relevant authority under these regulations; b the functions of the law enforcement authority; or c in the case of an overseas authority, the functions provided for in the fourth money laundering directive, or equivalent functions. 2 information disclosed to a relevant authority under paragraph (1) may not be further disclosed by that authority, except - a in accordance with paragraph (1) ; b by the fca to the pra, where the information concerns a pra-authorised person or a person who has a qualifying relationship with a pra-authorised person; c in the case of an overseas authority, in accordance with any conditions imposed on further disclosure of that information by the supervisory authority which disclosed that information to the overseas authority; d with a view to the institution of, or otherwise for the purposes of, any criminal or other enforcement proceedings; or e as otherwise required by law. 3 a disclosure made under paragraph (1) is not to be taken to breach any restriction, however imposed, on the disclosure of information. 4 where a disclosure under paragraph (1) is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by whom, or on whose behalf, it is made. 5 for the purposes of this regulation, "relevant authority" means - a another supervisory authority; b the treasury; c any law enforcement authority; d an overseas authority, within the meaning of regulation 50(4) . chapter 2 registration interpretation 53 for the purposes of this chapter - "registering authority" means - the fca, in relation to - those relevant persons which it is required to register under regulation 54(1) ; and those relevant persons it decides to register under regulation 55(1) ; the commissioners, in relation to - those relevant persons which they are required to register under regulation 54(2) ; and those relevant persons they decide to register under regulation 55(3) ; "telecommunication, digital and it payment service provider" means an undertaking which provides payment services falling within paragraph 1(g) of schedule 1 to the payment services regulations 2009 . duty to maintain registers of certain relevant persons 54 1 the fca must maintain a register of those relevant persons who - a are authorised persons, and b have notified the fca under regulation 23 that they are acting, or intend to act, as a money service business or a trust or company service provider. 2 the commissioners must maintain a register of those relevant persons who are not included in the register maintained by the fca under paragraph (1) and are - a high value dealers; b money service businesses; c trust or company service providers; d bill payment service providers, for which the commissioners are the supervisory authority; e telecommunication, digital and it payment service providers, for which the commissioners are the supervisory authority. 3 subject to paragraph (4) the registering authorities may keep the registers required by this regulation in any form they think fit. 4 the register maintained by the commissioners must include entries in the registers maintained under regulation 25 of the money laundering regulations 2007 which were current immediately before the date that regulation was revoked. 5 a registering authority may publish or make available to public inspection all or part of a register maintained by it under this regulation. power to maintain registers 55 1 the fca may maintain a register of annex 1 financial institutions. 2 for the purposes of paragraph (1) , an "annex 1 financial institution" is a financial institution which - a falls within regulation 10(2)(a) , and b is not - i a money service business; ii an authorised person; iii a bill payment service provider; or iv a telecommunication, digital and it payment service provider. 3 the commissioners may maintain registers of relevant persons who are not supervised by any of the professional bodies listed in schedule 1, and who are - a estate agents, b auditors; c external accountants; d tax advisers; e bill payment service providers; or f telecommunication, digital and it payment service providers. 4 where a registering authority decides to maintain a register under this regulation, it must take reasonable steps to bring its decision to the attention of those relevant persons in respect of which the register is to be established. 5 subject to paragraph (6) a registering authority may maintain a register under this regulation in any form it thinks fit. 6 the registers maintained by the registering authorities must include entries in any equivalent registers maintained under regulation 32 of the money laundering regulations 2007 which were current immediately before the date that regulation was revoked. 7 a registering authority may publish or make available to public inspection all or part of a register maintained by it under this regulation. requirement to be registered 56 1 unless a person in respect of whom the registering authorities are required to maintain a register under regulation 54 is included in the appropriate register, or paragraph (2) applies, that person must not act as a - a high value dealer; b money service business; c trust or company service provider; d bill payment service provider; or e telecommunication, digital and it payment service provider. 2 this paragraph applies if the person concerned has applied for registration in the register, but that application has not yet been determined. 3 a relevant person which is registered in the register maintained by the commissioners under regulation 25 or 32 of the money laundering regulations 2007 is to be treated as included in the appropriate registers maintained by the commissioners under regulation 54 or 55 of these regulations for the purpose of paragraph (1) - a during the period of 12 months beginning with the date on which these regulations come into force, and b after that period, if the person concerned has provided the additional information required for registration under regulation 57 within the period referred to in sub-paragraph (a). 4 a relevant person which is registered in the register maintained by the fca under regulation 32 of the money laundering regulations 2007 is to be treated as included in the register maintained by the fca under regulation 55(1) for the purposes of paragraph (1). 5 where a registering authority decides to maintain a register under regulation 55 (1) or (3) in respect of any description of relevant persons and establishes a register for that purpose, a relevant person of that description must not carry on the business or profession in question for a period of more than 12 months beginning with the date on which the registering authority establishes the register unless - a that person is included in the register, or b that person has applied for registration in the register, but that application has not yet been determined. applications for registration in a register maintained under regulation 54 or 55 57 1 a person applying for registration in a register maintained under regulation 54 or 55 ("an applicant") must make an application in such manner and provide such information as the registering authority may specify. 2 the information which the registering authority may specify includes, among other things - a the applicant's full name and where different the name of the business; b where the applicant is an individual, the applicant's date of birth and residential address; c the nature of the business; d the address of the head office of the business with its company number (in the case of a company), and of any branches the business has in the united kingdom; e the full name of the nominated officer (if any); f a risk assessment which satisfies the requirements in regulation 18 ; g information as to the way in which the business meets the requirements set out in - i these regulations; ii part 3 of the terrorism act 2000 (terrorist property) ; iii part 7 of the proceeds of crime act 2002 (money laundering) ; and iv part 8 of the proceeds of crime act 2002 (investigations); h in relation to a money service business or a trust or company service provider - i the full name, date of birth and residential address of any officer, manager or beneficial owner of the business or service provider; and ii information needed by the registering authority to decide whether it must refuse the application pursuant to regulation 58 ; i in relation to a money service business, the full name and address of any agent it uses for the purposes of its business; j where the registering authority is not the supervisory authority for the applicant - i the name of the applicant's supervisory authority; ii confirmation from the applicant's supervisory authority that any person mentioned in regulation 58(1) is a fit and proper person within the meaning of that regulation; k whether the applicant, or any person named in the application, has been convicted of a criminal offence listed in schedule 3. 3 at any time after receiving an application and before determining it, the registering authority may require the applicant to provide, within 21 days beginning with the date on which the requirement is issued, such further information as the registering authority reasonably considers necessary to enable it to determine the application. 4 if at any time after the applicant has provided the registering authority with any information under paragraph (1) or (3) (whether before or after the applicant is registered) - a there is a material change affecting any matter contained in that information; or b it becomes apparent to the applicant that the information contains an inaccuracy, the applicant must provide the registering authority with details of the change or a correction of the inaccuracy within 30 days beginning with the date of the occurrence of the change (or the discovery of the inaccuracy) or within such later time as may be agreed with the registering authority. 5 the obligation in paragraph (4) applies also to material changes or inaccuracies affecting any matter contained in any supplementary information provided pursuant to that paragraph. 6 any information to be provided to the registering authority under this regulation must be in such form and verified in such manner as the authority may specify. fit and proper test 58 1 the registering authority must refuse to register an applicant for registration in a register maintained under regulation 54 as a money service business or as a trust or company service provider, if it is satisfied that - a the applicant; b an officer or manager of the applicant; c a beneficial owner of the applicant; or d where the applicant is a money service business - i any agent used by the applicant for the purposes of its business; or ii any officer, manager or beneficial owner of the agent, is not a fit and proper person to carry on that business. 2 where the fca has decided to maintain a register of annex i financial institutions under regulation 55 , paragraph (1) applies in relation to those institutions as it applies to a money service business and a trust or company service provider. 3 a person who has been convicted of a criminal offence listed in schedule 3 is to be treated as not being a fit and proper person to carry on the business for the purposes of paragraph (1) . 4 if paragraph (3) does not apply, the registering authority must have regard to the following factors in determining the question in paragraph (1) - a whether the applicant has consistently failed to comply with the requirements of - i these regulations; ii the money laundering regulations 2001 , iii the money laundering regulations 2003 , or iv the money laundering regulations 2007 ; and b the risk that the applicant's business may be used for money laundering or terrorist financing. 5 where the applicant is a money service business, the registering authority may, in determining the question in paragraph (1), take account of the opinion of the applicant as to whether any person referred to in paragraph (1)(d) is a fit and proper person to carry on the business. 6 where the registering authority is not the supervisory authority of the applicant, the registering authority must consult the supervisory authority and may rely on its opinion as to whether or not the applicant is a fit and proper person to carry on the business referred to in paragraph (1). determination of applications for registration under regulations 54 and 55 59 1 subject to regulation 58 , the registering authority may refuse to register an applicant for registration in a register maintained under regulation 54 or 55 if - a any requirement of, or imposed under, regulation 57 has not been complied with; b it appears to the registering authority that any information provided pursuant to regulation 57 is false or misleading in a material particular; c the applicant has failed to pay - i a penalty imposed by the authority under part 9; ii a charge imposed by the authority under part 11; or iii a penalty or charge imposed by the authority under regulation 35(1) or 42(1) of the money laundering regulations 2007; d where the registering authority is not the applicant's supervisory authority, the supervisory authority opposes the application for registration on reasonable grounds; or e the registering authority suspects, on reasonable grounds - i that the applicant will fail to comply with any of its obligations under - aa these regulations; bb part 3 of the terrorism act 2000 ; or cc parts 7 and 8 of the proceeds of crime act 2002 ; (the "relevant obligations"); ii that any person whom the applicant has identified as one of its officers or managers will fail to comply with any of the relevant obligations. 2 where the commissioners are the registering authority, they must within 45 days beginning either with the date on which they receive the application or, where applicable, with the date on which they receive any further information required under regulation 57(3) , give the applicant notice of - a the decision to register the applicant; or b the following matters - i their decision not to register the applicant; ii the reasons for their decision; iii the right to a review under regulation 94 ; and iv the right to appeal under regulation 99 . 3 where the fca is the registering authority, it must within 45 days beginning either with the date on which it receives the application or, where applicable, with the date on which it receives any further information required under regulation 57(3) , give the applicant notice of - a its decision to register the applicant; or b the following matters - i that it is minded not to register the applicant; ii the reasons for being minded to refuse to register the applicant; and iii the right to make representations to it within a specified period (which may not be less than 28 days). 4 after the expiry of the period referred to in paragraph (3)(b)(iii), the fca must decide, within a reasonable period, whether to register the applicant and it must give the applicant notice of - a its decision to register the applicant; or b the following matters - i its decision not to register the applicant; ii the reasons for its decision; and iii the right to appeal under regulation 93 . 5 the registering authority must, as soon as practicable after deciding to register a person, include that person in the relevant register. cancellation and suspension of registration in a register under regulation 54 or 55 60 1 if paragraph (2) applies, the registering authority may suspend (for such period as it considers appropriate) or cancel - a the registration of a money service business or a trust or company service provider in a register maintained under regulation 54 ; or b the registration of an annex 1 financial institution in a register maintained under regulation 55 (including the registration of an annex 1 financial institution previously included in a register maintained under regulation 32 of the money laundering regulations 2007) . 2 this paragraph applies if, at any time after registration, the registering authority is satisfied that - a the money service business, trust or company service provider, or annex 1 financial institution (as the case may be); or b any other person mentioned in regulation 58(1) in relation to that business, provider, or financial institution, is not a fit and proper person for the purposes of regulation 58 . 3 the registering authority may suspend (for such period as it considers appropriate) or cancel a person's registration in a register maintained by it under regulation 54 or 55 if, at any time after registration - a it appears to the authority that any of paragraphs (a) to (e) of regulation 59(1) apply; or b the person has failed to comply with any requirement of a notice given under regulation 66 . 4 the commissioners may suspend (for such period as they consider appropriate) or cancel the registration of a person who - a was included in a register maintained by the commissioners under regulation 25 or 32 of the money laundering regulations 2007, and b has not provided the additional information required for registration under regulation 57 within the period of 12 months beginning with the date on which these regulations come into force. 5 the commissioners may suspend (for such period as they consider appropriate) or cancel the registration of a money service business in a register maintained under regulation 54(2)(b) where the money service business is - a providing a payment service in the united kingdom, or is purporting to do so; b not included in the register of payment service providers maintained by the fca under regulation 4(1) of the payment service regulations 2009 ; and c not a person - i mentioned in paragraphs (c) to (h) of the definition of a "payment service provider" in regulation 2(1) of the payment services regulations 2009, or ii to whom regulation 3 or 121 of those regulations applies. 6 where the supervisory authority of a person on the register maintained under regulation 54 or 55 is not the registering authority, the supervisory authority must inform the registering authority as soon as possible if it becomes aware of any grounds on which the registering authority might decide to suspend or cancel that person's registration. 7 where the commissioners decide to suspend or cancel a person's registration they must give that person notice of - a their decision and, subject to paragraph (10) , the date from which the suspension or cancellation takes effect; b if appropriate, the period of the suspension; c the reasons for their decision; d the right to a review under regulation 94 ; and e the right to appeal under regulation 99 . 8 where the fca is minded to suspend or cancel a person's registration it must give that person notice - a that it is so minded; b if appropriate, the proposed period of the suspension; c the reasons for being so minded; and d the right to make representations to it within the period specified in the notice (which must not be less than 28 days). 9 the fca must then decide, within a reasonable period, whether to suspend or cancel the person's registration and it must give that person notice of - a its decision not to suspend or cancel the person's registration; or b the following matters - i its decision to suspend or cancel the person's registration and, subject to paragraph (10), the date from which the suspension or cancellation takes effect; ii the period of the suspension; iii the reasons for its decision; and iv the right to appeal under regulation 93 . 10 if the registering authority - a considers that the interests of the public require the suspension or cancellation of a person's registration to have immediate effect; and b includes a statement to that effect and the reasons for it in the notice given under paragraph (7) or (9), the suspension or cancellation takes effect when the notice is given to the person. part 7 transfer of funds (information on the payer) regulations interpretation 61 in this part "transfer of funds supervisory authority" in relation to a payment service provider means the supervisory authority specified by regulation 62 . transfer of funds supervisory authorities 62 1 the fca is the transfer of funds supervisory authority for payment service providers, who are - a authorised persons; b authorised payment institutions under the payment services regulations 2009 which are not included in the register maintained by the commissioners under regulation 54(2) ; c registered small payment institutions under the payment services regulations 2009 which are not included in the register maintained by the commissioners under regulation 54(2) ; d authorised electronic money institutions under the electronic money regulations 2011 ; or e registered small electronic money institutions under the electronic money regulations 2011. 2 the commissioners are the transfer of funds supervisory authority for payment service providers who do not come within paragraph (1) . duties of transfer of funds supervisory authorities 63 1 a transfer of funds supervisory authority must - a monitor effectively the payment service providers for whom it is the transfer of funds supervisory authority; b take the measures necessary to secure compliance by payment service providers with the requirements of the funds transfer regulation; c take effective measures to encourage the payment service provider to report breaches of the provisions of the funds transfer regulation to the authority; d take such steps as it considers appropriate - i to co-operate with other supervisory authorities, the treasury and law enforcement authorities in relation to the development and implementation of policies to counter money laundering and terrorist financing; ii to co-ordinate activities to counter money laundering and terrorist financing; iii to co-operate with overseas authorities to ensure the effective supervision of a payment service provider to which paragraph (2) applies. 2 this paragraph applies to a payment service provider established - a in the united kingdom, which has its head office in another country; or b in another country but which has its head office in the united kingdom. 3 co-operation may include the sharing of information which the supervisory authority is not prevented from disclosing. 4 a transfer of funds supervisory authority must take into account any guidelines issued by the european supervisory authorities under article 25 of the funds transfer regulation in determining what measures are required to comply with that regulation. 5 a transfer of funds supervisory authority which, in the course of carrying out any of its functions under this part or otherwise, knows or suspects, or has reasonable grounds for knowing or suspecting, that a payment service provider is or has engaged in money laundering or terrorist financing must as soon as practicable inform the nca. 6 a disclosure made under paragraph (5) is not to be taken to breach any restriction, however imposed, on the disclosure of information. 7 where a disclosure under paragraph (5) is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by whom, or or on whose behalf, it is made. 8 the functions of the fca under this part are to be treated for the purposes of section 1a of, and parts 1, 2 and 4 of schedule 1za to, fsma (the financial conduct authority) as functions conferred on the fca under that act. 9 a transfer of funds supervisory authority must on request provide a european supervisory authority with information reasonably required by the authority to enable it to carry out its duties under the funds transfer regulation. 10 for the purposes of this regulation, "overseas authority" means - a an authority responsible for any of the functions provided for in the funds transfer regulation in an eea state other than the united kingdom in which the payment service provider is established or has its head office; and b where the payment service provider is established or has its head office in a country which is not an eea state, an authority in that country which has equivalent functions to any of the functions provided for in the funds transfer regulation. obligations of payment service providers 64 1 a payment service provider must take into account any guidelines issued by the european supervisory authorities under article 25 of the funds transfer regulation in determining what measures are required to comply with that regulation. 2 a payment service provider must ensure that it is able (whether by means of the central contact point appointed under regulation 22 or otherwise) to respond fully and rapidly to enquiries from a person specified in paragraph (3) concerning any of the information required by or under the funds transfer regulation. 3 the persons specified in this paragraph are - a financial investigators accredited under section 3 of the proceeds of crime act 2002 (accreditation and training) ; b persons acting on behalf of the scottish ministers in their capacity as an enforcement authority under that act; and c constables or equivalent officers of any law enforcement authority. part 8 information and investigation interpretation 65 1 in this part - "premises" means any building or other structure, including a moveable structure, other than premises used only as a dwelling; "tribunal" means the first-tier tribunal or, where determined by or under tribunal procedure rules, the upper tribunal; 2 unless otherwise defined in this part - "officer" means - an officer of the fca, including a member of the fca's staff or an agent of the fca; an officer of revenue and customs; or an employee or agent of a professional body listed in schedule 1 who is authorised by the body to act on behalf of the body for the purposes of this part; a relevant officer; "relevant officer" means - in great britain, an officer of a local weights and measures authority; in northern ireland, an officer of the department for the economy, acting pursuant to arrangements made with the fca or with the commissioners for the purposes of these regulations. 3 for the purposes of this part, a person is connected to a relevant person or a payment service provider ("a connected person") if that person is a person listed in schedule 5 in relation to the relevant person or payment service provider. power to require information 66 1 a supervisory authority may, by notice in writing to a person ("p") who is (or was at any time) a relevant person, a payment service provider or a connected person, require p to - a provide specified information, or information of a specified description; b produce specified documents, or documents of a specified description; or c attend before an officer of the supervisory authority (or of a supervisory authority which is acting on behalf of that authority) at a time and place specified in the notice and answer questions. 2 the information or documents must be provided or produced - a before the end of such reasonable period as may be specified; and b at such place as may be specified. 3 an officer who has authorisation in writing from a supervisory authority to do so may require p without unreasonable delay to - a provide the officer with specified information or information of a specified description; or b produce to the officer specified documents or documents of a specified description. 4 the powers in this regulation may only be exercised by a supervisory authority, or by an officer authorised under paragraph (3) to act on behalf of the supervisory authority, in relation to information or documents which are reasonably required by the supervisory authority in connection with the exercise by the authority of any of its supervisory functions. 5 where a supervisory authority or an officer requires information to be provided or documents to be produced under paragraph (1) or (3), the notice must set out the reasons why the information is required to be provided or the documents produced, unless the supervisory authority or (as the case may be) the officer is not permitted to disclose this information. 6 the supervisory authority may require - a information contained in a computer or other storage device, or recorded in any other way otherwise than in legible form to be produced to it in legible form or in a form from which the information can readily be produced in visible and legible form; and b any information provided under this regulation to be provided in such form as it may reasonably require. 7 the production of a document does not affect any lien which a person has on the document. 8 if a supervisory authority has power under this regulation to require a person to produce a document but it appears that the document is in the possession of a third person, that power may be exercised by the supervisory authority in relation to the third person. requests in support of other authorities 67 1 on receiving a request to which paragraph (2) applies from a foreign authority, the supervisory authority may exercise the power conferred by regulation 66 , and for these purposes, regulation 66 has effect as if it also referred to information and documents reasonably required by the supervisory authority to meet such a request. 2 this paragraph applies if the request is made by the foreign authority in connection with the exercise by that authority of - a functions provided for in the fourth money laundering directive; b functions provided for in the funds transfer regulation; or c functions provided for in the law of a third country equivalent to those provided for in the fourth money laundering directive or the funds transfer regulation. 3 in deciding whether or not to exercise its powers under regulation 66 in response to a request, the supervisory authority may take into account in particular - a whether, in the territory of the foreign authority concerned, corresponding assistance would be given to the supervisory authority; b whether the case concerns the breach of a law, or other requirement, which has no close parallel in the united kingdom or involves the assertion of a jurisdiction not recognised by the united kingdom; c the seriousness of the case and its importance to persons in the united kingdom. 4 the supervisory authority may decide not to exercise its powers under regulation 66 unless the foreign authority undertakes - a to make such contribution towards the cost of doing so as the supervisory authority considers appropriate; and b to comply with such conditions in relation to the information and documents as the supervisory authority considers appropriate. 5 paragraphs (3) and (4) do not apply if the supervisory authority considers that the exercise of its powers is necessary to comply with an eu obligation. 6 "foreign authority" means an authority in a territory which is not part of the united kingdom which exercises functions referred to in paragraph (2) . requests to other authorities 68 1 this regulation applies if - a documents or information which are reasonably required by a supervisory authority in connection with the exercise by the authority of any of the functions given to it under these regulations are not (as far as the supervisory authority is aware) available in the united kingdom; and b the supervisory authority has reason to believe that such documents or information may be held by a person who is within the jurisdiction of a foreign authority. 2 a supervisory authority may request the assistance of the foreign authority in obtaining specified information or documents which satisfy the conditions in paragraph (1). 3 the information or documents provided to the supervisory authority pursuant to a request under paragraph (2) must only be used - a for the purpose for which it was provided; or b for the purposes of proceedings arising as a result of contravention of a relevant requirement in these regulations, or proceedings arising out of such proceedings. 4 paragraph (3) does not apply if the foreign authority by which the information or documents were provided consents to its use. 5 in this regulation, "foreign authority" has the meaning given in regulation 67(6) . entry, inspection of premises without a warrant etc 69 1 paragraph (2) applies where a duly authorised officer of (or acting on behalf of) a supervisory authority in relation to a relevant person or a payment service provider ("p") has reasonable grounds to believe that - a any premises are being used by p in connection with p's business or professional activities; and b p may have contravened the requirements of - i the fourth money laundering directive, ii the funds transfer regulation, or iii these regulations. 2 the officer may, on producing evidence of the officer's authority, at any reasonable time - a enter the premises; b inspect the premises; c observe the carrying on of business or professional activities by p; d inspect any documents or other information found on the premises; e require any person on the premises to provide an explanation of any document or to state where documents or information might be found; f inspect any cash found on the premises. 3 the officer may take copies of, or make extracts from, any documents found as a result of the exercise of the power in paragraph (2). 4 in this regulation, "duly authorised officer" means - a an officer of the fca, authorised in writing to exercise the powers under this regulation on behalf of the fca or another supervisory authority, by a head of department working within the enforcement function of the fca; or b an officer of revenue and customs authorised in writing to exercise the powers under this regulation on behalf of the commissioners, or another supervisory authority, by an officer of revenue and customs of at least the grade of senior officer. entry of premises under warrant 70 1 a justice may issue a warrant under this regulation if satisfied on information given on oath (or in scotland by evidence on oath) by a duly authorised officer acting on behalf of a supervisory authority that - a there are reasonable grounds for believing that the first, second, or third set of conditions is satisfied; or b there are reasonable grounds for suspecting that the fourth set of conditions is satisfied. 2 the application for the warrant must - a identify the premises to which the application relates and state that the premises is not used only as a dwelling; b state that the officer has reasonable grounds to suspect a warrant is necessary in connection with the exercise of the supervisory functions of the supervisory authority for which the officer is acting and the warrant is sought for the purpose of those functions; c state that the officer executing the warrant - i will give to any person on the premises, when entering the premises, evidence of identification and authority to act on behalf of the supervisory authority, and ii will give to that person, no later than on entering the premises, a notice identifying and explaining the powers exercisable under this regulation, and d state that the warrant is sought in relation to material specified in the application, or that there are reasonable grounds for suspecting that there is material falling within regulation 66 on the premises. 3 the first set of conditions is - a that a person on whom a requirement has been imposed under regulation 66 has failed (wholly or in part) to comply with it, and b that on the premises specified in the warrant - i there are documents which have been required, or ii there is information which has been required. 4 the second set of conditions is - a that the premises specified in the warrant are premises of - i the relevant person or the payment service provider ("p"), ii a member of the same group as p; or iii a third person referred to in regulation 66(8); b that there are on the premises documents or information in relation to which a requirement could be imposed under regulation 66 , and c that if such a requirement were to be imposed - i it would not be complied with, or ii the documents or information to which it related would be removed, tampered with or destroyed. 5 the third set of conditions is - a that an officer has been obstructed in the exercise of the power under regulation 69 ; and b that there is on the premises specified in the warrant documents, information or cash which could be inspected under regulation 69(2)(d) or (f) . 6 the fourth set of conditions is - a that an offence under these regulations has been, is being or is about to be committed by p; and b there is on the premises specified in the warrant information or documents relevant to whether the offence has been, is being or is about to be committed. 7 a warrant under this regulation authorises the executing officer - a to enter the premises specified in the warrant; b to search the premises and take possession of any documents or information appearing to be documents or information of a kind in respect of which the warrant was issued ("the relevant kind") or to take, in relation to any such documents or information, any other steps which may appear to be necessary for preserving them or preventing interference with them; c to inspect any cash found on the premises; d to take copies of, or extracts from, any documents or information appearing to be of the relevant kind; e to require any person on the premises to provide an explanation of any document or information appearing to be of the relevant kind or to state where it may be found; and f to use such force as may be reasonably necessary. 8 where information of the relevant kind is contained in a computer or other storage device, or is recorded in any other way otherwise than in legible form, the warrant authorises the executing officer to take possession of that information in a form in which it can be taken away and in which it is legible. 9 a warrant under this regulation - a may be exercised by any executing officer; b may authorise persons to accompany any executing officer who is executing it; c may be issued subject to conditions. 10 the powers in paragraph (7) may be exercised by a person authorised by the warrant to accompany an executing officer; but that person may exercise those powers only in the company of, and under the supervision of, an executing officer. 11 in england and wales, sections 15(5) to (8) and 16(3) to (12) of the police and criminal evidence act 1984 (execution of warrants and safeguards) apply to warrants issued under this regulation. 12 in northern ireland, articles 17(5) to (8) and 18(3) to (12) of the police and criminal evidence (northern ireland) order 1989 (execution of warrants and safeguards) apply to warrants issued under this regulation. 13 in this regulation - "duly authorised officer" means - where a warrant is issued on the basis of information given on behalf of the fca or another supervisory authority, an officer of the fca authorised in writing to exercise the powers under this regulation by a head of department working within the enforcement function of the fca, where a warrant is issued on the basis of information given on behalf of the commissioners or another supervisory authority, an officer of revenue and customs authorised in writing to exercise the powers under this regulation by an officer of revenue and customs of at least the grade of senior officer; "executing officer" means - where a warrant is issued on the basis of information given on behalf of the fca, or of a supervisory authority for which the fca is acting, a constable, where a warrant is issued on the basis of information given on behalf of the commissioners, or of a supervisory authority for which the commissioners are acting, an officer of revenue and customs; "justice" means - in england and wales, a justice of the peace; in northern ireland, a lay magistrate; or in scotland, a sheriff or summary sheriff. retention of documents taken under regulation 66 or 70 71 1 any material possession of which is taken in accordance with a requirement under regulation 66 or under a warrant issued under regulation 70 ("seized material") may be retained for so long as it is necessary to retain it (rather than copies of it) in connection with the exercise of the functions of the supervisory authority under these regulations for the purposes of which any requirement was imposed or the warrant was issued. 2 if a duly authorised officer (within the meaning of regulation 70(13) ) has reasonable grounds for suspecting that - a the seized material may need to be produced for the purposes of legal proceedings; and b it might otherwise be unavailable for those purposes, it may be retained until the proceedings are concluded. 3 a person claiming to be the owner of any seized material may apply to the crown court or (in scotland) the sheriff or the summary sheriff for an order for the delivery of the material to the person appearing to the court, the sheriff or the summary sheriff to be the owner. 4 if on an application under paragraph (3), the court or (in scotland) the sheriff or the summary sheriff cannot ascertain who is the owner of the seized material the court, the sheriff or the summary sheriff may make such order as the court, the sheriff or the summary sheriff thinks fit. 5 an order under paragraph (3) or (4) does not affect the right of any person to take legal proceedings against any person in possession of seized material for the recovery of the material. provision of information and warrants: safeguards 72 1 a person may not be required under regulation 66 , 69 or 70 to produce excluded material, or to provide information, produce documents or answer questions which that person would be entitled to refuse to provide, produce or answer on grounds of legal professional privilege in proceedings in the high court, except that a lawyer may be required to provide the full name and address of the lawyer's client. 2 the provision of information in accordance with regulation 66 , 69 or 70 , is not to be taken to breach any restriction, however imposed, on the disclosure of information. 3 where a disclosure is made in good faith in accordance with regulations 66 , 69 or 70 no civil liability arises in respect of the disclosure on the part of the person making the disclosure. 4 a warrant issued under regulation 70 does not confer the right to seize privileged material or excluded material. 5 privileged material is any material which the person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the high court. 6 in the application of this regulation to scotland, the references in paragraphs (1) and (5) - a to proceedings in the high court are to be read as references to proceedings in the court of session; and b to an entitlement on grounds of legal professional privilege are to be read as references to an entitlement on the grounds of confidentiality of communication - i between professional legal advisers and their clients; or ii made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings. 7 for the purposes of this regulation, "excluded material" means personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which is held subject - a to an express or implied undertaking to hold it in confidence; or b to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in, or made under, an act passed after this regulation. admissibility of statements 73 1 a statement made by a person in response to a requirement imposed under regulations 66(1)(c) , 69(2)(e) or 70(7)(e) may not be used in evidence against the person in criminal proceedings. 2 paragraph (1) does not apply - a in the case of proceedings under parts 2 to 4 of the proceeds of crime act 2002 (confiscation proceedings) ; b on a prosecution for an offence under section 5 of the perjury act 1911 (false statements) ; c on a prosecution for an offence under article 10 of the perjury (northern ireland) order 1979 (false statements) ; d on a prosecution for an offence under section 44(2) of the criminal law (consolidation) (scotland) act 1995 (false statements and declarations) ; e on a prosecution for an offence under regulation 88 ; or f for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in paragraph (1). 3 a statement may not be used by virtue of paragraph (2)(f) against a person unless - a evidence relating to it is adduced; or b a question relating to it is asked; by them or on their behalf in the proceedings arising out of the prosecution. powers of relevant officers 74 1 a relevant officer ("r") may only exercise powers under this part pursuant to arrangements made with the fca or with the commissioners - a by or on behalf of the local weights and measures authority of which r is an officer ("r's authority"); or b by the department for the economy. 2 anything done or omitted to be done by, or in relation to, r in the exercise or purported exercise of a power in this part is to be treated for all purposes as having been done or omitted to be done by, or in relation to - a an officer of the fca, if r is acting pursuant to arrangements made with the fca, or b an officer of revenue and customs, if r is acting pursuant to arrangements made with the commissioners. 3 paragraph (2) does not apply for the purpose of any criminal proceedings brought against r, r's authority, the department for the economy, the fca or the commissioners, in respect of anything done or omitted to be done by r. 4 r must not disclose to any person other than the fca (if r is acting pursuant to arrangements made with the fca), the commissioners (if r is acting pursuant to arrangements made with the commissioners), r's authority or, as the case may be, the department of the economy, information obtained by r in the exercise of such powers unless - a r has the approval of the fca or where appropriate the commissioners to do so, or b r is under a duty to make the disclosure. part 9 enforcement chapter 1 general meaning of "relevant requirement" 75 for the purposes of this part, "relevant requirement" has the meaning given in schedule 6. chapter 2 civil penalties and notices power to impose civil penalties: fines and statements 76 1 paragraph (2) applies if a designated supervisory authority is satisfied that any person ("p") has contravened a relevant requirement imposed on that person. 2 a designated supervisory authority may do one or both of the following - a impose a penalty of such amount as it considers appropriate on p; b publish a statement censuring p. 3 if a designated supervisory authority considers that another person who was at the material time an officer of p was knowingly concerned in a contravention of a relevant requirement by p, the designated supervisory authority may impose on that person a penalty of such amount as it considers appropriate. 4 a designated supervisory authority must not impose a penalty on p under this regulation for contravention of a relevant requirement if the authority is satisfied that p took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with. 5 where the fca proposes to impose a penalty under this regulation on a pra-authorised person or on a person who has a qualifying relationship with a pra-authorised person, it must consult the pra. 6 in deciding whether p has contravened a relevant requirement, the designated supervisory authority must consider whether at the time p followed - a any relevant guidelines issued by the european supervisory authorities in accordance with - i articles 17, 18.4 or 48.10 of the fourth money laundering directive; or ii article 25 of the funds transfer regulation; b any relevant guidance which was at the time - i issued by the fca; or ii issued by any other supervisory authority or appropriate body and approved by the treasury. 7 a penalty imposed under this part is payable to the designated supervisory authority which imposes it. 8 for the purposes of this regulation - a "appropriate" means (other than in references to an appropriate body) effective, proportionate and dissuasive; b "designated supervisory authority" means the fca or the commissioners. power to impose civil penalties: suspension and removal of authorisation 77 1 paragraph (2) applies if the fca is satisfied that a relevant person or a payment service provider has - a repeatedly or systematically failed to include the information it is required to include on the payer or the payee under articles 4, 5 or 6 of the funds transfer regulation; b failed to implement effective risk-based procedures in breach of articles 8 or 12 of the funds transfer regulation; c failed to comply with articles 11, 12 or 16 of the funds transfer regulation, where the failure is a serious one; d repeatedly or systematically failed to retain records in breach of article 16 of the funds transfer regulation; or e failed to comply with a relevant requirement. 2 the fca may take one or more of the measures set out in sub-paragraphs (a) and (b) - a to cancel or suspend, for such period as it considers appropriate - i any permission which an authorised person has to carry on a regulated activity; ii the authorisation of a payment service provider as an authorised payment institution under the payment services regulations 2009 ; iii the registration of a payment service provider as a small payment institution under the payment services regulations 2009; iv the authorisation of a payment service provider as an authorised electronic money institution under the electronic money regulations 2011 ; or v the registration of a payment service provider as a small electronic money institution under the electronic money regulations 2011; b to impose, for such period as it considers appropriate, such limitations or other restrictions as it considers appropriate - i in relation to the carrying on of a regulated activity by an authorised person; ii on the authorisation of a payment service provider as a payment institution under the payment services regulations 2009; iii on the registration of a payment service provider as a small payment institution under the payment services regulations 2009; iv on the authorisation of a payment service provider as an electronic money institution under the electronic money regulations 2011; or v on the registration of a payment service provider as a small electronic money institution under the electronic money regulations 2011. 3 in paragraph (2) - a "permission" means any permission that the authorised person has, whether given (or treated as given) under part 4a of fsma ; b "regulated activity" has the meaning given by section 22 of fsma ). 4 the period for which a suspension, limitation or other restriction is to have effect may not exceed 12 months. 5 a suspension may relate only to the carrying on of an activity in circumstances specified by the fca when the suspension is imposed. 6 a restriction may, in particular, be imposed so as to require the person concerned to take, or refrain from taking, specified action. 7 the fca may - a withdraw a suspension, limitation or other restriction; or b vary a suspension, limitation or other restriction so as to reduce the period for which it has effect or otherwise to limit its effect. 8 for the purposes of this regulation, "appropriate" means effective, proportionate and dissuasive. power to impose civil penalties: prohibitions on management 78 1 paragraph (2) applies if a designated supervisory authority considers that another person who was at the material time an officer of p was knowingly concerned in a contravention of a relevant requirement by p. 2 the designated supervisory authority may impose one of the following measures on the person concerned - a a temporary prohibition on the individual concerned holding an office or position involving responsibility for taking decisions about the management of a relevant person or a payment service provider ("having a management role"); b a permanent prohibition on the individual concerned having a management role. 3 a prohibition may be expressed to expire at the end of such period as the designated supervisory authority may specify, but the imposition of a prohibition under paragraph (2)(a) that expires at the end of a specified period does not affect the designated supervisory authority's power to impose a new prohibition under paragraph (2)(a). 4 a prohibition imposed under paragraph (2) may be expressed to be a prohibition on an individual having a management role in - a a named relevant person or payment service provider; b a relevant person or payment service provider of a description specified by the designated supervisory authority when the prohibition is imposed; or c any relevant person or payment service provider. 5 a relevant person or payment service provider must take reasonable care to ensure that no individual who is subject to a prohibition under paragraph (2) on having a management role with that relevant person or payment service provider is given such a role, or continues to act in such a role. imposition of civil penalties 79 any one or more of the powers in regulations 76 , 77 and 78 may be exercised by a designated supervisory authority in relation to the same contravention. injunctions 80 1 if, on the application of a designated supervisory authority, the court is satisfied - a that there is a reasonable likelihood that any person will contravene a relevant requirement; or b that any person has contravened a relevant 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 a designated supervisory authority the court is satisfied - a that any person has contravened a relevant requirement; 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 a designated supervisory authority, the court is satisfied that any person may have - a contravened a relevant requirement; or b been knowingly concerned in the contravention of a relevant requirement, the court may make an order restraining (or in scotland an interdict prohibiting) that person from disposing or otherwise dealing with any assets belonging to that person which it is satisfied that that person is reasonably likely to dispose of or otherwise deal with. 4 the jurisdiction in 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. the fca: disciplinary measures (procedure) 81 1 when determining the type of sanction, and level of any penalty, to be imposed on a person ("p") under regulation 76 , 77 or 78 , the fca must take into account all relevant circumstances, including where appropriate - a the gravity and the duration of the contravention or failure; b the degree of responsibility of p; c the financial strength of p; d the amount of profits gained or losses avoided by p; e the losses for third parties caused by the contravention or failure; f the level of co-operation of p with the fca; g previous contraventions or failures by p; and h any potential systemic consequences of the contravention or failure. 2 if the fca proposes to impose a sanction on p under regulation 76 , 77 or 78 it must give p a warning notice. 3 where the fca proposes to impose a penalty on a pra-authorised person or on a person who has a qualifying relationship with a pra-authorised person, it must consult the pra. 4 section 387 of fsma (warning notices) applies in relation to a notice given under paragraph (2) as it applies in relation to a warning notice given by the fca under that act, subject to paragraph (5). 5 in complying with section 387(1)(a), a warning notice must - a if it is about a proposal to publish a statement, set out the terms of the statement; b if it is about a proposal to impose a penalty, specify the amount of the penalty; c if it is about a proposal to impose a suspension, limitation or other restriction - i state the period for which the suspension, limitation or restriction is to have effect, ii sets out the terms of the suspension, limitation or other restriction; d if it is about a proposal to cancel, state the date from which the cancellation is to have effect; e if it is about a proposal to impose a prohibition on an individual, set out the terms of the proposed prohibition. 6 if the fca decides to impose a sanction on p under regulation 76 , 77 or 78 it must without undue delay give p a decision notice. 7 if the decision is to publish a statement, the decision notice must set out the terms of the statement. 8 if the decision is to impose a penalty, the decision notice must specify the amount of the penalty. 9 if the decision is to impose a suspension, limitation or other restriction, the decision notice must - a state the period for which the suspension, limitation or restriction is to have effect; b sets out the terms of the suspension, limitation or other restriction. 10 if the decision is to cancel a permission, registration or authorisation, the decision notice must state the date from which the cancellation is to have effect. 11 if the decision is to impose a prohibition on an individual, the decision notice must set out the terms of the prohibition. 12 section 388 of fsma (decision notices) applies in relation to a decision notice given under paragraph (6) as it applies in relation to a decision notice given by the fca under fsma, subject to paragraph (13). 13 section 388 of fsma has effect for the purposes of paragraph (12) as if - a in subsection (1)(e)(i) for "this act" there were substituted "regulation 93(1) of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017", and b subsections (1a) and (2) were omitted. the fca: procedure (general) 82 1 sections 389 (notices of discontinuance), 390 (final notices) and 392 (application of sections 393 and 394) to 395 (the fca's and pra's procedures) of fsma apply in relation to a warning notice given under regulation 81(2) and a decision notice given under regulation 81(6) as they apply in relation to a warning notice or decision notice given under fsma, subject to paragraphs (2) to (3). 2 section 390 of fsma has effect as if - a for subsection (4) there were substituted - 4 a final notice about a cancellation, suspension, limitation or other restriction under regulation 77 or 78 of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 ("the 2017 regulations") must - a specify the permission, authorisation or registration which is being cancelled, suspended or the terms of the limitation or other restriction being imposed, and b give details of - i the date on which the cancellation, suspension, limitation or other restriction has effect, and ii the period for which the suspension, limitation or other restriction is imposed. 4a a final notice about a prohibition under regulation 78 of the 2017 regulations must - a specify the extent of the prohibition; and b give details of the date on which the prohibition has effect, and if relevant the period for which it has effect. ; b subsections (6), (7) and (10) were omitted. 3 section 392 of fsma has effect as if for paragraphs (a) and (b) there were substituted - a a warning notice given under regulation 81(2) of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 ("the 2017 regulations"); b a decision notice given under regulation 81(6) of the 2017 regulations. . the commissioners: disciplinary measures (procedure) 83 1 when determining the type of sanction, and level of any penalty, to be imposed on a person ("p") under regulation 76 or 78 , the commissioners must take into account all relevant circumstances, including where appropriate - a the gravity and the duration of the contravention or failure; b the degree of responsibility of p; c the financial strength of p; d the amount of profits gained or losses avoided by p; e the losses for third parties caused by the contravention or failure; f the level of co-operation of p with the commissioners; g previous contraventions or failures by p; and h any potential systemic consequences of the contravention or failure. 2 where the commissioners decide to impose a penalty or publish a statement under regulation 76 , or impose a prohibition under regulation 78 , the commissioners must give p a notice in accordance with paragraph (3) . 3 a notice must be given of - a the commissioners' decision - i to impose a penalty, and the amount of the penalty; ii to publish a statement, and the terms of the statement; iii to impose a prohibition, and the terms of the prohibition; b the commissioners' reasons for imposing a penalty, publishing a statement or imposing a prohibition; c the right to a review under regulation 94 ; and d the right to appeal under regulation 99 . 4 a notice about a penalty must - a state the manner in which and the period within which, the penalty is to be paid; b give details of the way in which the penalty may be recovered if it is not paid by the date stated in the notice. publication: the fca 84 1 where a warning notice is given by the fca under regulation 81(2) , neither the fca nor any person to whom it is given or copied may publish the notice or any details concerning it. 2 where the fca gives a decision notice under regulation 81(6) , the fca must publish on their official website such information about the matter to which the notice relates as it considers appropriate, subject to paragraphs (3) to (9). 3 where the fca publishes information under paragraph (2) or (4) about a matter to which a decision notice relates and the person to whom the notice is given refers the matter to the upper tribunal (see regulation 93 ), the fca must, without undue delay, publish on its official website information about the status of the appeal and its outcome. 4 subject to paragraph (5), (6) and (9) where the fca gives a final notice, it must, without undue delay, publish on its official website information on the type and nature of the breach and the identity of the person on whom the sanction or measure is imposed. 5 subject to paragraph (8) and (9), information about a matter to which a final notice relates must be published in accordance with paragraph (6) where - a the fca considers it to be disproportionate to publish the identity of a legal person on whom the sanction or measure is imposed following an assessment by the fca of the proportionality of publishing the person's identity; b the fca considers it to be disproportionate to publish the personal data of the individual on whom the sanction or measure is imposed following an assessment by the fca of the proportionality of publishing the personal data; or c the publication of information under paragraph (4) would jeopardise the stability of the financial markets or an ongoing investigation. 6 where paragraph (5) applies, the fca must - a defer the publication of the information about a matter to which a final notice relates until such time as paragraph (5) ceases to apply; or b publish the information on an anonymous basis if publication on that basis would ensure the effective protection of any anonymised personal data in the information. 7 where paragraph (6)(b) applies, the fca may make such arrangements as to the publication of information (including as to the timing of publication) as are necessary to preserve the anonymity of the person on whom the sanction or measure is imposed. 8 the fca may make arrangements for the postponed publication of personal data that is anonymised in information it publishes under paragraph (6)(b) if - a the publication of the data is postponed for a reasonable period of time; and b the fca considers that paragraphs (5)(b) and (6)(b) will no longer apply in respect of that data at the time of the postponed publication. 9 information about a matter to which a final notice relates must not be published if publication in accordance with paragraph under paragraph (6) is considered by the fca insufficient to ensure - a that the stability of the financial markets would not be put in jeopardy; or b that the publication of the information would be proportionate with regard to sanctions or measures which are considered by the fca to be of a minor nature. 10 where the fca publishes information in accordance with paragraphs (2) to (8), the fca must ensure that the information remains on its official website for at least five years, unless the information is personal data and the data protection act 1998 requires the information to be retained for a different period. 11 for the purposes of this regulation "personal data" has the meaning given in section 1 of the data protection act 1998 (basic interpretative provisions) . publication: the commissioners 85 1 where the commissioners give a notice under regulation 83 , the commissioners must publish on their official website such information about the matter to which the notice relates as they consider appropriate, subject to paragraphs (2) to (8). 2 where the commissioners publish information under paragraph (1) or (3) about a matter to which a notice under regulation 83 relates and the person to whom the notice is given refers the matter to the tribunal (see regulation 99), the commissioners must, without undue delay, publish on their official website information about the status of the appeal and its outcome. 3 subject to paragraph (4), (5) and (8) where the commissioners give a notice under regulation 83, they must, without undue delay, publish on their official website information on the type and nature of the breach and the identity of the person on whom the sanction or measure is imposed. 4 subject to paragraph (7) and (8), information about a matter to which a notice under regulation 83 relates must be published in accordance with paragraph (5) where - a the commissioners consider it to be disproportionate to publish the identity of a legal person on whom the sanction or measure is imposed following an assessment by the commissioners of the proportionality of publishing the person's identity; b the commissioners consider it to be disproportionate to publish the personal data of the individual on whom the sanction or measure is imposed following an assessment by the commissioners of the proportionality of publishing the personal data; or c the publication of information under paragraph (3) would jeopardise the stability of the financial markets or an ongoing investigation. 5 where paragraph (4) applies, the commissioners must - a defer the publication of the information about a matter to which a notice under regulation 83 relates until such time as paragraph (4) ceases to apply; or b publish the information on an anonymous basis if publication on that basis would ensure the effective protection of any anonymised personal data in the information. 6 where paragraph (5)(b) applies, the commissioners may make such arrangements as to the publication of information (including as to the timing of publication) as are necessary to preserve the anonymity of the person on whom the sanction or measure is imposed. 7 the commissioners may make arrangements for the postponed publication of personal data that is anonymised in information they publish under paragraph (5)(b) if - a the publication of the data is postponed for a reasonable period of time; and b the commissioners consider that paragraphs (4)(b) and (5)(b) will no longer apply in respect of that data at the time of the postponed publication. 8 information about a matter to which a notice relates must not be published if publication in accordance with paragraph under paragraph (5) is considered by the commissioners insufficient to ensure - a that the stability of the financial markets would not be put in jeopardy; or b that the publication of the information would be proportionate with regard to sanctions or measures which are considered by the commissioners to be of a minor nature. 9 where the commissioners publish information in accordance with paragraphs (1) to (7), the commissioners must ensure that the information remains on their official website for at least five years, unless the information is personal data and the data protection act 1998 requires the information to be retained for a different period. 10 for the purposes of this regulation "personal data" has the meaning given in section 1 of the data protection act 1998 (basic interpretative provisions) . chapter 3 criminal offences, penalties and proceedings etc. criminal offence 86 1 a person who contravenes a relevant requirement imposed on that person is guilty of an offence and liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding three months, to a fine or to both; ii in scotland or northern ireland, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both; b on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine, or to both. 2 in deciding whether a person has committed an offence under paragraph (1), the court must decide whether that person followed - a any guidelines issued by the european supervisory authorities in accordance with article 17, 18.4 and 48.10 of the fourth money laundering directive or article 25 of the funds transfer regulation; and b any relevant guidance which was at the time - i issued by the fca; or ii issued by any other supervisory authority or appropriate body and approved by the treasury. 3 a person is not guilty of an offence under this regulation if that person took all reasonable steps and exercised all due diligence to avoid committing the offence. 4 where a person has been convicted of an offence under this regulation, that person is not also to be liable to a sanction under chapter 2 of this part. offences of prejudicing investigations 87 1 this regulation applies if a person ("p") knows or suspects that an appropriate officer is acting (or proposing to act) in connection with an investigation into a potential contravention of a relevant requirement which is being or is about to be conducted. 2 p commits an offence if - a p makes a disclosure which is likely to prejudice the investigation; or b p falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which are relevant to the investigation. 3 p does not commit an offence under paragraph (2)(a) if - a p does not know or suspect that the disclosure is likely to prejudice the investigation; b the disclosure is made in the exercise of a function under these regulations, or in compliance with a requirement imposed by or under these regulations; c the disclosure is made in the exercise of a function, or in compliance with a requirement imposed, by or under the terrorism act 2000 ; d the disclosure is made in the exercise of a function, or in compliance with a requirement imposed, by or under the proceeds of crime act 2002 ; e the disclosure is made in the exercise of a function, or in compliance with a requirement imposed, under any act relating to criminal conduct or benefit from criminal conduct; or f p is a professional legal adviser and the disclosure falls within paragraph (6). 4 criminal conduct is conduct which - a constitutes an offence in any part of the united kingdom; or b would constitute an offence in any part of the united kingdom if it occurred there. 5 a person benefits from conduct if that person obtains property as a result of or in connection with the conduct. 6 subject to paragraph (7), a disclosure falls within this paragraph if it is a disclosure - a to (or to a representative of) a client of the professional legal adviser in connection with the giving by the adviser of legal advice to the client; or b to any person in connection with legal proceedings or contemplated legal proceedings. 7 a disclosure does not fall within paragraph (6) if it is made with the intention of furthering a criminal purpose. 8 p does not commit an offence under paragraph (2)(b) if - a p does not know or suspect that the documents are relevant in connection with the investigation; or b p does not intend to conceal any facts disclosed by the documents from any appropriate officer acting in connection with the investigation. 9 a person guilty of an offence under paragraph (2) is liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding three months, to a fine or to both, ii in scotland or northern ireland, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. 10 for the purposes of this regulation - "appropriate officer" means - an officer of the fca, including a member of the fca's staff or an agent of the fca; an officer of revenue and customs; an employee or agent of a professional body listed in schedule 1 who is authorised by the body to act on behalf of the body for the purposes of this part; or a relevant officer; "relevant officer" means - in great britain, an officer of a local weights and measures authority; in northern ireland, an officer of the department for the economy; acting pursuant to arrangements made with the fca or with the commissioners for the purposes of these regulations. information offences 88 1 a person ("p") commits an offence if, in purported compliance with a requirement imposed on p by or under these regulations, p provides information to any person which is false or misleading in a material particular, and - a p knows that the information is false or misleading; or b p is reckless as to whether the information is false or misleading. 2 a person guilty of an offence under paragraph (1) is liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding three months, to a fine or to both, ii in scotland or northern ireland, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. 3 a person who discloses information in contravention of a relevant requirement is guilty of an offence and liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding three months, to a fine or to both, ii in scotland or northern ireland, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. 4 it is a defence for a person charged with an offence under paragraph (3) of disclosing information to prove that they reasonably believed - a that the disclosure was lawful; or b that the information had already and lawfully been made available to the public. proceedings: general 89 1 proceedings for an offence under these regulations may be instituted by - a order of the commissioners; b a local weights and measures authority; c the department for the economy; d the director of public prosecutions; or e the director of public prosecutions for northern ireland. 2 where proceedings under paragraph (1) are instituted by order of the commissioners, the proceedings must be brought in the name of an officer of revenue and customs. 3 a local weights and measures authority must, whenever the fca or (where the authority is acting pursuant to arrangements made with the commissioners) the commissioners require, report in such form and with such particulars as the fca or the commissioners require on the exercise of its functions under these regulations. 4 where the commissioners investigate, or propose to investigate, any matter with a view to determining - a whether there are grounds for believing that an offence under these regulations has been committed by any person; or b whether a person should be prosecuted for such an offence, that matter is to be treated as an assigned matter within the meaning of section 1(1) of the customs and excise management act 1979 (interpretation) . 5 paragraphs (1) and (3) do not extend to scotland. 6 in its application to the commissioners acting in scotland, paragraph (4)(b) is to be read as referring to the commissioners determining whether to refer the matter to the crown office and procurator fiscal service with a view to the procurator fiscal determining whether a person should be prosecuted for such an offence. proceedings: jurisdiction 90 1 proceedings against any person for an offence under these regulations may be taken before the appropriate court in the united kingdom having jurisdiction in the place where that person is for the time being. 2 proceedings against any person for an offence under these regulations which cannot be taken under paragraph (1) may be taken at any appropriate court in the united kingdom. 3 an offence falling under these regulations which is committed wholly or partly outside the united kingdom may for all incidental purposes be treated as having been committed within the jurisdiction of the court where proceedings were taken. proceedings: partnership or unincorporated association 91 1 proceedings for an offence alleged to have been committed by - a a partnership must be brought in the name of the partnership; or b an unincorporated association must be brought in the name of the association, and not in that of its members. 2 a fine imposed on - a a partnership on its conviction of an offence is to be paid out of the funds of the partnership; and b an unincorporated association on its conviction of an offence is to be paid out of the funds of the association. 3 rules of court relating to the service of documents are to have effect as if a partnership or unincorporated association were a body corporate. 4 in proceedings for an offence brought against a partnership or an unincorporated association - a section 33 of the criminal justice act 1925 (procedure on charge of offence against corporation) and schedule 3 to the magistrates' courts act 1980 (corporations) apply as they do in relation to a body corporate; and b 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. offence by bodies corporate, partnership or unincorporated association 92 1 if an offence under this part committed by a body corporate is shown - a to have been committed with the consent or the connivance of an officer of the body corporate; or b to be attributable to any neglect on the part of an officer, the officer (as well as the body corporate) is guilty of the offence and is 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 their functions of management as if the member was a director of the body. 3 if an offence under this part committed by a partnership is shown - a to have been committed with the consent or the connivance of an officer; or b to be attributable to any neglect on the part of an officer, that officer (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly. 4 if an offence under this part committed by an unincorporated association (other than a partnership) is shown - a to have been committed with the consent or the connivance of an officer of the association; or b to be attributable to any neglect on the part of an officer, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly. part 10 appeals chapter 1 decisions of the fca appeals against decisions of the fca 93 1 a person may appeal from a decision by the fca under these regulations to the upper tribunal. 2 the provisions of part 9 of fsma (hearings and appeals), apply, subject to the modifications set out in paragraph (3), in respect of appeals to the upper tribunal made under this regulation as they apply in respect of references made to that tribunal under that act. 3 part 9 of fsma has effect as if - a in section 133 (proceedings before tribunal: general provision), in subsection (7a) , after paragraph (o) there were inserted - p a decision to take action under any of regulations 76 to 78 of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017. ; and b for section 133a there were substituted - proceedings before tribunal: decision notices 133a 1 the action specified in a decision notice given under regulation 81(6) of the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017 must not be taken - a during the period within which the matter to which the notice relates may be referred to the tribunal under the money laundering, terrorist financing and transfer of funds (information on the payer) regulations 2017; and b if the matter is so referred, until the reference, and any appeal against the tribunal's determination, has been finally disposed of. 2 the tribunal may, on determining a reference under these regulations in respect of a decision of the fca, make recommendations as to its regulating provisions or its procedures. . chapter 2 decisions of the commissioners offer of review 94 1 the commissioners must offer a person ("p") a review of a decision that has been notified to p if an appeal lies under this chapter in respect of the decision. 2 the offer of a review must be made by notice given to p at the same time as the decision is notified to p. 3 this regulation does not apply to the notification of the conclusions of a review. review by the commissioners 95 1 the commissioners must review a decision if - a they have offered a review of the decision under this chapter, and b the person concerned ("p") notifies the commissioners that p accepts the offer within 30 days from the date of the notice of the offer of a review. 2 p may not notify acceptance of the offer where p has already appealed against the decision to the tribunal under regulation 100 . 3 the commissioners must not review a decision if p has appealed to the tribunal under regulation 100 in respect of the decision. extensions of time 96 1 if under this chapter the commissioners have offered a person ("p") a review of a decision the commissioners may within the relevant period notify p that the relevant period is extended. 2 if notice is given, the relevant period is extended to the end of 30 days from - a the date of the notice; or b any other date set out in the notice or a further notice. 3 more than one notice may be given under paragraph (1). 4 in this regulation, "relevant period" means - a the period of 30 days referred to in regulation 95(1)(b) ; or b in the case where one or more notices have already been given under paragraph (1) the period as extended (or as most recently extended) in accordance with paragraph (2). review out of time 97 1 this regulation applies if - a the commissioners have offered a review of a decision under this chapter to a person ("p"); and b p does not accept the offer within the time allowed under regulation 95(1)(b) or 96(2) . 2 the commissioners must review the decision if - a after the time allowed, p notifies the commissioners in writing requesting a review out of time; b the commissioners are satisfied that p had a reasonable excuse for not accepting the offer of a review within the time allowed; and c the commissioners are satisfied that p made the request without unreasonable delay after the excuse had ceased to apply. nature of review etc 98 1 this regulation applies if the commissioners are required to undertake a review under regulation 95 or 97. 2 the nature and extent of the review are to be such as appear appropriate to the commissioners in the circumstances. 3 for the purpose of paragraph (2), the commissioners must, in particular, have regard to steps taken before the beginning of the review - a by the commissioners in reaching the decision; and b by any person in seeking to resolve disagreement about the decision. 4 the review must take account of any representations made by the person ("p") at a stage which gives the commissioners a reasonable opportunity to consider them. 5 the review may conclude that the decision is to be - a upheld; b varied; or c cancelled. 6 the commissioners must give p notice of the conclusions of the review and their reasoning within - a a period of 45 days beginning with the relevant date; or b such other period as the commissioners and p may agree. 7 in paragraph (6), "relevant date" means - a in a case falling within regulation 95 , the date the commissioners received notification accepting the offer of a review from p; or b in a case falling within regulation 97 , the date on which the commissioners decided to undertake the review. 8 where the commissioners are required to undertake a review but do not give notice of the conclusions within the time period specified in paragraph (6), the review is to be treated as having concluded that the decision is upheld. 9 if paragraph (8) applies, the commissioners must notify p of the conclusion which the review is treated as having reached. appeals against decisions of the commissioners 99 1 any person who is the subject of a decision by the commissioners under these regulations may appeal to the tribunal in accordance with regulation 100 . 2 the provisions of part 5 of the value added tax act 1994 (appeals), subject to the modifications set out in paragraph (3), apply in respect of appeals to the tribunal made under this regulation as they apply in respect of appeals made to the tribunal under section 83 of that act (appeals) . 3 part 5 of the value added tax act 1994 has effect as if sections 83a to 84 , 85a and 85b (appeals and reviews) were omitted. 4 the tribunal hearing an appeal under paragraph (1) has the power to - a quash or vary any decision of the commissioners, including the power to reduce any penalty to such amount (including nil) as the tribunal thinks appropriate; and b substitute the tribunal's own decision for any decision quashed on appeal. 5 for the purpose of an appeal under this regulation, the meaning of "tribunal" is as defined in section 82 of the value added tax act 1994 (meaning of tribunal) . appeals against decisions of the commissioners: procedure 100 1 subject to paragraphs (2) to (4), an appeal under regulation 99 is to be made to the tribunal before - a the end of the period of 30 days beginning with the date of the notice notifying the decision to which the appeal relates; or b if later, the end of the relevant period (within the meaning of regulation 96 ). 2 in a case where the commissioners are required to undertake a review under regulation 95 - a an appeal may not be made until the conclusion date; and b any appeal is to be made within the period of 30 days beginning with the conclusion date. 3 in a case where the commissioners are requested to undertake a review in accordance with regulation 97 - a an appeal may not be made - i unless the commissioners have notified the person concerned ("p") as to whether or not a review will be undertaken; and ii if the commissioners have notified p that a review will be undertaken, until the conclusion date; b any appeal where sub-paragraph (a)(ii) applies is to be made within the period of 30 days beginning with the conclusion date; and c if the commissioners have notified p that a review will not be undertaken, an appeal may be made only if the tribunal gives permission to appeal. 4 in a case where regulation 98(8) applies, an appeal may be made at any time from the end of the period specified in regulation 98(6) to the date 30 days after the conclusion date. 5 an appeal may be made after the end of the period specified in paragraph (1), (2)(b), 3(b) or (4) if the tribunal gives permission to appeal. 6 in this regulation, "conclusion date" means the date of the notice notifying the conclusions of the review. part 11 miscellaneous provisions recovery of charges and penalties through the court 101 any charge or penalty imposed on a relevant person or on a payment service provider by the fca or the commissioners under these regulations is a debt due from that person to the fca or the commissioners respectively, and is recoverable accordingly. costs of supervision 102 1 the fca and the commissioners may impose charges on - a applicants for approval under chapter 3 of part 2; b applicants for registration under chapter 2 of part 6; c relevant persons supervised by them; d payment service providers supervised by them; e professional bodies listed in schedule 1, for which they undertake enforcement action in relation to relevant persons supervised by those professional bodies. 2 charges levied under paragraph (1) must not exceed such amount as the fca or the commissioners (as the case may be) consider will enable them to meet any expenses reasonably incurred by them in carrying out their functions under these regulations or for any incidental purpose (including any expenses reasonably incurred by them in undertaking enforcement action on behalf of a self-regulatory organisation). 3 without prejudice to the generality of paragraph (2), a charge may be levied in respect of each of the premises at which the relevant person, the provider or a person connected with the relevant person or the provider carries on (or proposes to carry on) business or professional activities. 4 the fca must in respect of each of its financial years pay to the treasury any amounts received by the fca during the year by way of penalties imposed under part 9. 5 the treasury may give directions to the fca as to how the fca is to comply with the duty under paragraph (4). 6 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 part 9. 7 the treasury must pay into the consolidated fund any sums received by them under this regulation. 8 in paragraph (2), "expenses" includes expenses incurred by a local weights and measures authority or the department for the economy pursuant to arrangements made for the purposes of these regulations with the fca or with the commissioners - a by or on behalf of the authority; or b by the department for the economy. obligations on public authorities 103 1 the following bodies and persons must, if they know or suspect or have reasonable grounds for knowing or suspecting that a person is or has engaged in money laundering or terrorist financing, as soon as practicable, inform the nca - a the auditor general for scotland; b the auditor general for wales; c the bank of england; d the comptroller and auditor general; e the comptroller and auditor general for northern ireland; f the fca; g the gambling commission; h the official solicitor to the supreme court; i the pensions regulator; j the pra; k the public trustee; l the secretary of state, in the exercise of his or her functions under enactments relating to companies and insolvency; m the treasury, in the exercise of their functions under fsma; n the treasury solicitor; o a designated professional body for the purposes of part 20 of fsma (provision of financial services by members of the professions); p a person or inspector appointed under section 65 (investigations on behalf of fca) or 66 (inspections and special meetings) of the friendly societies act 1992 ; q an inspector appointed under section 106 of the co-operative and community benefit societies 2014 (appointment of inspectors) or section 18 of the credit unions act 1979 (power to appoint inspector); r an inspector appointed under section 431 (investigation of a company on its own application), 432 (other company investigations), 442 (power to investigate company ownership) or 446d (appointment of replacement inspectors) of the companies act 1985 ; s a person or inspector appointed under section 55 (investigations on behalf of fca) or 56 (inspections and special meetings) of the building societies act 1986 ; t a person appointed under section 167 (appointment of persons to carry out investigations), 168(3) or (5) (appointment of persons to carry out investigations in particular cases), 169(1)(b) (investigations to support overseas regulator) or 284 (power to investigate affairs of a scheme) of fsma , or under regulations made under section 262(2)(k) (open-ended investment companies) of that act , to conduct an investigation; and u a person authorised to require the production of documents under section 447 (secretary of state's power to require production of documents) of the companies act 1985 , or section 84 of the companies act 1989 (exercise of powers by officer). 2 a disclosure made under paragraph (1) is not to be taken to breach any restriction, however imposed, on the disclosure of information. 3 where a disclosure under paragraph (1) is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by whom, or on whose behalf, it is made. suspicious activity disclosures 104 1 the nca must make arrangements to provide appropriate feedback on the suspicious activity disclosures it has received at least once a year. 2 the feedback referred to in paragraph (1) may be provided by the nca jointly with another person, or by another person on behalf of the nca. 3 the feedback referred to in paragraph (1) may be provided in any form the nca thinks fit. 4 in this regulation, a "suspicious activity disclosure" is a disclosure made to the nca under - a part 3 of the terrorism act 2000 (terrorist property) ; b part 7 of the proceeds of crime act 2002 (money laundering) . disclosure by the commissioners 105 1 the commissioners may disclose to the fca information held in connection with their functions under these regulations if the disclosure is made for the purpose of enabling or assisting the fca to discharge any of its functions under the payment services regulations 2009 or the electronic money regulations 2011 . 2 information disclosed to the fca under paragraph (1) may not be disclosed by the fca or any person who receives the information directly or indirectly from the fca except - a to, or in accordance with authority given by, the commissioners; b with a view to the institution of, or otherwise for the purposes of, any criminal proceedings; c with a view to the institution of any other proceedings by the fca, for the purposes of any such proceedings, or for the purposes of any reference to the upper tribunal under the payment services regulations 2009; or d in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it. general restrictions 106 these regulations do not authorise or require - a a disclosure, in contravention of any provisions of the data protection act 1998 , of personal data which are not exempt from those provisions; or b a disclosure which is prohibited by any of parts 1 to 3 or 5 to 7 of the investigatory powers act 2016 . transfers between the united kingdom and the channel islands and the isle of man 107 in determining whether a person has failed to comply with any requirement in the funds transfer regulation, any transfer of funds between the united kingdom and - a the channel islands; or b the isle of man; is to be treated as a transfer of funds within the united kingdom. review 108 1 the treasury must from time to time - a carry out a review of the regulatory provision contained in these regulations; and b publish a report setting out the conclusions of the review. 2 the first report must be published before 26th june 2022. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(3) of the small business, enterprise and employment act 2015 (provision for review) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how - a the emission allowance auctioning regulation; b the fourth money laundering directive; and c the funds transfer regulation; 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). consequential amendments 109 schedule 7 makes amendments relating to these regulations. revocation and saving provisions 110 1 the old money laundering regulations and the old transfer of funds regulations are revoked. 2 the old money laundering regulations and the old transfer of funds regulations shall continue to have effect where the conduct constituting a contravention of one of those regulations, or an offence under one of those regulations began before the date on which these regulations come into force. 3 where the old money laundering regulations or the old transfer of funds regulations continue to have effect, a penalty or an offence under the relevant part of these regulations is not to have effect in such circumstances. 4 where the conduct is found to have been committed over a period of two or more days, or at some point during a period of two or more days, it is to be taken for the purposes of paragraph (2) to have been begun on the earliest of those days. 5 the "old money laundering regulations" means - a the money laundering regulations 2007 ; b the money laundering (amendment) regulations 2007 ; c the money laundering (amendment) regulations 2011 ; d the money laundering (amendment) regulations 2012 ; and e the money laundering (amendment) regulations 2015 . 6 the "old transfer of funds regulations" means the transfer of funds (information on the payer) regulations 2007 . david evennett andrew griffiths two of the lords commissioners of her majesty's treasury at 9.20 a.m. on 22nd june 2017

citation and commencement 1 1 this order may be cited as the torridge (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 torridge (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 torridge and number of councillors 3 1 the existing wards of the district of torridge are abolished. 2 the district of torridge is divided into 16 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 bideford and northam 4 1 the existing wards of the parishes of bideford and northam are abolished. 2 the parish of bideford is divided into the four parish wards listed in the first column of table 1 in schedule 2. 3 the parish of northam is divided into the three 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 8th november 2017

citation and commencement 1 1 these regulations may be cited as the social security (invalid care allowance) (amendment) regulations 2017. 2 they come into force on 10th april 2017. amendment of the social security (invalid care allowance) regulations 1976 2 in regulation 8(1) of the social security (invalid care allowance) regulations 1976 (circumstances in which a person is or is not to be treated as gainfully employed), for "110", in both places where it occurs, substitute "116". signed by authority of the secretary of state for work and pensions penny mordaunt minister of state department for work and pensions 13th march 2017

citation 1 these regulations may be cited as the criminal finances act 2017 (commencement no. 1) regulations 2017. commencement 2 section 47 of the criminal finances act 2017 comes into force on 17th july 2017. 3 the remaining provisions of part 3 of the criminal finances act 2017 come into force on 30th september 2017. heather wheeler andrew griffiths two of the lords commissioners of her majesty's treasury 12th july 2017

citation, commencement and application 1 1 this order may be cited as the south norfolk (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 articles 3 and 4 come into force - a for the purpose of proceedings preliminary or relating to the election of councillors, on the day after the day on which this order is made; b for all other purposes, on the ordinary day of election of councillors in 2019. interpretation 2 1 in this order, "the map" means the map marked "map referred to in the south norfolk (electoral changes) order 2017", held by the local government boundary commission for england . 2 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of south norfolk and number of councillors 3 1 the existing wards of the district of south norfolk are abolished. 2 the district of south norfolk 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 bawburgh, costessey and wymondham 4 1 the existing wards of the parishes of bawburgh, costessey and wymondham are abolished. 2 the parish of bawburgh is divided into the two parish wards listed in the first column of table 1 in schedule 2. 3 the parish of costessey is divided into the three parish wards listed in the first column of table 2 in schedule 2. 4 the parish of wymondham 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 8th november 2017

citation and commencement 1 1 these regulations may be cited as the bereavement support payment regulations 2017. 2 these regulations come into force on the day on which section 30 of the pensions act 2014 (bereavement support payment) comes into force for all purposes. period for which bereavement support payment is payable 2 1 the period for which bereavement support payment is payable is as follows. 2 the period starts - a on the date the person's spouse or civil partner died, where the person claims the payment three months or less after that date; or b at the beginning of the period of three months preceding the date the person claims the payment, where the person claims the payment - i more than three months after the date the person's spouse or civil partner died; and ii no more than three months after the date the period finishes under paragraph (3). 3 the period finishes at the end of the period of 18 months beginning with the day after the date the person's spouse or civil partner died. rate of bereavement support payment 3 1 the higher rate of bereavement support payment is 350 for each monthly recurrence of the day of the month on which the person's spouse or civil partner died during the period for which bereavement support payment is payable (see regulation 2). 2 where the person claims bereavement support payment 12 months or less after the date their spouse or civil partner died, the higher rate of bereavement support payment is 3,500 for the first month of the period for which bereavement support payment is payable. 3 any higher rate mentioned in paragraph (2) is in addition to any higher rate mentioned in paragraph (1). 4 the standard rate of bereavement support payment is 100 for each monthly recurrence of the day of the month on which the person's spouse or civil partner died during the period for which bereavement support payment is payable. 5 where the person claims bereavement support payment 12 months or less after the date their spouse or civil partner died, the standard rate of bereavement support payment is 2,500 for the first month of the period for which bereavement support payment is payable. 6 any standard rate mentioned in paragraph (5) is in addition to any standard rate mentioned in paragraph (4). 7 where a person's spouse or civil partner died on the 31st day of a month, the monthly recurrence of the day of death is to be treated for the purposes of paragraphs (1) and (4) as falling on the last day of the month. 8 where a person's spouse or civil partner died on the 29th or 30th day of a month, the monthly recurrence of the day of death in february is to be treated for those purposes as falling on the last day of february. persons entitled to the higher rate of bereavement support payment 4 1 a person falling within any of paragraphs (2) to (4) is entitled to the higher rate of bereavement support payment under regulation 3(1) to (3). 2 a person who was pregnant when their spouse or civil partner died. 3 a person who was entitled to child benefit under section 141 of the social security contributions and benefits act 1992 (child benefit) when their spouse or civil partner died. 4 a person who, after their spouse or civil partner died, becomes entitled to child benefit under section 141 of that act for a child or qualifying young person who was residing with the person or their deceased spouse or civil partner immediately before the spouse or civil partner died. 5 paragraph (4) applies to a person whether or not they later cease to be entitled to child benefit for that child or qualifying young person. 6 in this regulation, "child" and "qualifying young person" have the same meaning as in section 142 of the social security contributions and benefits act 1992 (definitions of "child" and "qualifying young person") . persons entitled to the standard rate of bereavement support payment 5 a person is entitled to the standard rate of bereavement support payment under regulation 3(4) to (6) if they are not entitled to the higher rate of bereavement support payment. prisoners who are not to be paid bereavement support payment 6 1 subject to regulation 7, a person is not to be paid bereavement support payment for any period during which the person is a prisoner . 2 except where paragraph (3) applies, a person is a prisoner for the purposes of paragraph (1) where the person is - a a prisoner in great britain or elsewhere who is imprisoned or detained in legal custody in connection with, or as a result of, criminal proceedings; b a prisoner in great britain or elsewhere who is unlawfully at large; c a prisoner in great britain who is being detained - i under section 47 of the mental health act 1983 (removal to hospital of persons serving sentences of imprisonment, etc) ; and ii on or before the day which the secretary of state certifies to be the person's release date (if any) within the meaning in section 50(3) of that act (further provisions as to prisoners under sentence) ; d a prisoner in great britain who is being detained under section 136 of the mental health (care and treatment) (scotland) act 2003 (transfer of prisoners for treatment of mental disorder) . 3 where a person outside great britain is a prisoner within paragraph (2)(a) or (b) and, in similar circumstances in great britain, the person would not have been a prisoner, the person is not a prisoner within paragraph (2)(a) or (b). paying bereavement support payment to persons who are remanded in custody 7 1 where a person is remanded in custody for an offence, regulation 6(1) does not apply unless a sentence described in paragraph (2) is later imposed on the person for the offence. 2 subject to paragraph (3), the sentences described for the purposes of paragraph (1) are - a a sentence of imprisonment or detention in legal custody as a result of criminal proceedings; b a sentence of detention where the provisions mentioned in regulation 6(2)(c)(i) or (d) apply; c a suspended sentence within the meaning in section 189 of the criminal justice act 2003 (suspended sentences of imprisonment) . 3 a sentence described in paragraph (2)(a) which is imposed outside great britain is not a sentence described for the purposes of paragraph (1) if, in similar circumstances in great britain, a sentence described in paragraph (2)(a) would not have been imposed. territory in which a person may be entitled to bereavement support payment 8 for the purposes of section 30(1)(c) of the pensions act 2014 (bereavement support payment), the territory specified is any part of the channel islands which is not subject to an order made under section 179 of the social security administration act 1992 (reciprocal agreements with countries outside the united kingdom) . signed by authority of the secretary of state for work and pensions. caroline nokes parliamentary under-secretary of state department for work and pensions 15th march 2017

citation and commencement 1 1 this order may be cited as the severn bridges tolls order 2017. 2 it will come into force on 1st january 2018. level of tolls 2 the tolls that may be levied in respect of vehicles within the categories referred to in section 8(1) severn bridges act 1992 using either of the bridges shall be as follows - vehicle category toll for each motor vehicle category 1 vehicles: motor cars and motor caravans 6.70 category 2 vehicles: small goods vehicles and small buses 13.40 category 3 vehicles: other goods vehicles and buses 20.00 revocation 3 the severn bridges tolls order 2016 is revoked. signed by authority of the secretary of state for transport jesse norman parliamentary under secretary of state department for transport 4th december 2017

citation, commencement and application 1 1 these regulations may be cited as the infrastructure planning (compulsory acquisition) (amendment) regulations 2017 and come into force on 23rd february 2017. 2 the amendments made by regulation 2(2) and (4) apply only in relation to an order granting development consent which is made on or after 23rd february 2017. amendments to the infrastructure planning (compulsory acquisition) regulations 2010 2 1 the infrastructure planning (compulsory acquisition) regulations 2010 are amended as follows. 2 for regulation 3 (prescribed forms in connection with authorisation of compulsory acquisition), substitute - prescribed forms etc in connection with authorisation of compulsory acquisition 3 1 for the purposes of section 134(7), the prescribed form of a compulsory acquisition notice is form a in schedule 1 to these regulations. 2 for the purposes of section 134(7)(cza)(i), the prescribed statement about the effect of parts 2 and 3 of the compulsory purchase (vesting declarations) act 1981 is set out in part 1 of form b in schedule 1 to these regulations. 3 for the purposes of section 134(7)(cza)(ii), the prescribed form for giving information to the prospective purchaser is part 2 of form b in schedule 1 to these regulations. . 3 after regulation 3 (prescribed forms in connection with authorisation of compulsory acquisition) insert - review 3a 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in regulation 3 and the associated forms (forms a and b), and b publish a report setting out the conclusions of the review. 2 the first report must be published before 23rd february 2022. 3 subsequent reports must be published at intervals not exceeding five years. 4 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). . 4 for schedule 1, substitute schedule 1 set out in the schedule to these regulations. signed by authority of the secretary of state for communities and local government gavin barwell minister of state department for communities and local government 6th february 2017

citation and commencement 1 this order may be cited as the tax credits (exercise of functions in relation to northern ireland and notices for recovery of tax credit overpayments) order 2017 and comes into force on 25th september 2017. interpretation 2 1 in this order - "the 2002 act " means the tax credits act 2002 ; "the administration (northern ireland) act " means the social security administration (northern ireland) act 1992 ; "the 2016 regulations " means the social security (overpayments and recovery) regulations (northern ireland) 2016 ; "notice" means a notice given under section 29 of the 2002 act (recovery of overpayments); "penalty" means a penalty imposed under section 31 of the 2002 act (incorrect statements etc. ) or section 32 of that act (failure to comply with requirements). 2 any interest carried under section 37 of the 2002 act (interest) on an amount specified in a notice or on a penalty is to be regarded for the purposes of articles 3 to 5 as if it were specified in the notice or formed part of the penalty respectively. application of the administration (northern ireland) act 3 1 subject to paragraph (2), the amount specified in a notice or, as the case may be, the amount of a penalty is, for the purposes of the administration (northern ireland) act, to be treated as if it were an amount recoverable under section 69zb of that act . 2 section 69zb of the administration (northern ireland) act has effect in relation to the amount specified in a notice or, as the case may be, the amount of a penalty, as if subsection (3) were omitted. application of the 2016 regulations 4 for the purposes of the 2016 regulations - a the amount specified in a notice is to be treated as if it were an overpayment as defined in regulation 2(1) of those regulations; b the amount of a penalty is to be treated as if it were an amount recoverable under a provision of the administration (northern ireland) act specified in regulation 3(2) of those regulations. amendment of the 2016 regulations 5 in regulation 2(1) of the 2016 regulations (interpretation), in the definition of "overpayment", omit paragraph (b). amendment of the 2002 act 6 1 the 2002 act is amended as follows. 2 in section 28 (overpayments) - a in subsection (1), for "board may" substitute "commissioners may"; b also in subsection (1), for "repaid to the board" substitute - - a repaid to the commissioners; or b treated as if it were an amount recoverable by the secretary of state under section 71zb of the administration act or (as the case may be) by the relevant northern ireland department under section 69zb of the administration (northern ireland) act ; c in subsection (3), for the words from "the amount" to the end substitute "to the commissioners, the secretary of state or (as the case may be) the relevant northern ireland department, the amount which the commissioners decide is to be repaid or treated as recoverable under subsection (1)(b)"; d in subsection (4), for the words from "the amount" to "is to repay" substitute "to the commissioners, the secretary of state or (as the case may be) the relevant northern ireland department, the amount mentioned in subsection (3) unless the commissioners decide that each is liable for"; e in subsections (5) and (6), for "board", in each place it occurs, substitute "commissioners"; f after subsection (6) insert - 7 in this section and in section 29 - "the administration act" means the social security administration act 1992 ; "the administration (northern ireland) act" means the social security administration (northern ireland) act 1992; "the relevant northern ireland department" means the department for communities. 8 in this section, "the commissioners" means the commissioners for her majesty's revenue and customs. . 3 in section 29 (recovery of overpayments) - a in subsection (1), after "repaid" insert "or paid"; b for subsection (4), substitute - 4 where a notice states that this subsection applies in relation to an amount (or part of an amount), it may be recovered - a subject to provision made by regulations, by deduction from payments of any tax credit under an award made for any period to the person, or either or both of the persons, to whom the notice was given; b by the secretary of state - i by deductions under section 71zc of the administration act (deduction from benefit); ii by deductions under section 71zd of that act (deduction from earnings); or iii as set out in section 71ze of that act (court action etc ); or c by the relevant northern ireland department - i by deductions under section 69zc of the administration (northern ireland) act (deduction from benefit); ii by deductions under section 69zd of that act (deduction from earnings); or iii as set out in section 69ze of that act (court action etc). . amendment of the universal credit (transitional provisions) regulations 2014 7 1 regulation 12 of the universal credit (transitional provisions) regulations 2014 (modification of tax credits legislation: overpayments and penalties) is amended as follows. 2 in paragraph (3) - a in sub-paragraph (a), for paragraph (ii) substitute - ii in paragraph (b), for the words from "as if it were" to the end substitute "as an overpayment of universal credit"; ; b omit sub-paragraph (b). 3 omit paragraph (4). amendment of the universal credit (transitional provisions) regulations (northern ireland) 2016 8 1 regulation 10 of the universal credit (transitional provisions) regulations (northern ireland) 2016 (modification of tax credits legislation: overpayments and penalties) is amended as follows. 2 in paragraph (3) - a in sub-paragraph (a), for head (ii) substitute - ii in paragraph (b), for the words from "as if it were" to the end substitute "as an overpayment of universal credit"; ; b omit sub-paragraph (b). 3 omit paragraph (4). revocation 9 the universal credit (transitional provisions) (amendment) regulations 2016 are revoked. richard tilbrook clerk of the privy council

citation and commencement 1 this order may be cited as the road traffic offenders (additional offences) order 2017 and comes into force on 5th april 2017. amendment of the road traffic offenders act 1988 2 in section 20(2) of the road traffic offenders act 1988 (speeding offences etc : admissibility of certain evidence) - a after paragraph (b) insert - ba an offence under subsection (4) of section 17 of that act consisting in a contravention of regulation 9 of the motorways traffic (england and wales) regulations 1982 (restriction on the use of hard shoulders) by the driving of a vehicle on the hard shoulder of a motorway; ; and b after paragraph (e) insert - ea an offence under section 36(1) of that act consisting in the failure to comply with an indication given by a light signal to vehicular traffic not to enter, or proceed in, a traffic lane; . signed by authority of the secretary of state for transport john hayes minister of state department for transport 6th march 2017

citation and commencement 1 these regulations may be cited as the care quality commission (reviews and performance assessments) (amendment) regulations 2017 and come into force on 31st october 2017. amendment of the care quality commission (reviews and performance assessments) regulations 2014 2 1 the care quality commission (reviews and performance assessments) regulations 2014 are amended as follows. 2 in regulation 1(2) for the definition of "the 2010 regulations", substitute - "the 2014 regulations " mean the health and social care act 2008 (regulated activities) regulations 2014 ; . 3 for the table in the schedule, substitute - table registered service provider regulated activity an nhs trust all regulated activities, except for surgical procedures as referred to in paragraph 6(1) of schedule 1 to the 2014 regulations which is carried out in connection with any of the activities listed in schedule 2 (activities for which licences may be granted) to the human fertilisation and embryology act 1990 and for which a licence has been granted to that person under section 16 (grant of licence) of that act. an nhs foundation trust all regulated activities, except for surgical procedures as referred to in paragraph 6(1) of schedule 1 to the 2014 regulations which is carried out in connection with any of the activities listed in schedule 2 (activities for which licences may be granted) to the human fertilisation and embryology act 1990 and for which a licence has been granted to that person under section 16 (grant of licence) of that act. an independent hospital all regulated activities except for surgical procedures as referred to in paragraph 6(1) of schedule 1 to the 2014 regulations which is carried out in connection with any of the activities listed in schedule 2 (activities for which licences may be granted) to the human fertilisation and embryology act 1990 and for which a licence has been granted to that person under section 16 (grant of licence) of that act. a provider whose sole or main purpose is the provision of primary medical services pursuant to - (a) section 83(2) of the 2006 act (primary medical services); (b) section 84 of that act (general medical services contracts); or (c) section 92 of that act (arrangements by the board for the provision of primary medical services). all regulated activities. any other service provider personal care as referred to in paragraph 1 of schedule 1 to the 2014 regulations. accommodation for persons who require nursing or personal care as referred to in paragraph 2 of schedule 1 to the 2014 regulations. activity - (a) within paragraph 3 of schedule 1 to the 2014 regulations (accommodation for persons who require treatment for substance misuse); (b) of treatment for a disease, disorder or injury within paragraph 4 of schedule 1 to the 2014 regulations, to the extent that it is for the treatment for drug or alcohol misuse, where that is the main or sole activity carried out by the service provider; (c) of diagnostic and screening procedures within paragraph 7 of schedule 1 to the 2014 regulations, to the extent that it is provided for or in connection with the diagnosis or treatment of drug or alcohol misuse, where that is the main or sole activity carried out by the service provider. activity of treatment for a disease, disorder or injury within paragraph 4(1) of schedule 1 to the 2014 regulations, to the extent that it is dialysis treatment. activity within paragraph 6 of schedule 1 to the 2014 regulations, to the extent that the surgery is carried out to the eye to correct refractive error. surgical procedures for cosmetic purposes within paragraph 6(1)(c) of schedule 1 to the 2014 regulations, where the procedure requires intravenous sedation, general anaesthesia or the insertion of an implant. activity - (a) within paragraph 9(1) of schedule 1 to the 2014 regulations (transport services); (b) of treatment for a disease, disorder or injury within paragraph 4 of schedule 1 to the 2014 regulations, to the extent that it is carried out in connection with the regulated activity within paragraph 9(1) of that schedule; (c) of surgical procedures within paragraph 6 of schedule 1 to the 2014 regulations, to the extent that it is carried out in connection with the regulated activity within paragraph 9(1) of that schedule. termination of pregnancies as referred to in paragraph 11 of schedule 1 to the 2014 regulations. nursing care as referred to in paragraph 13 of schedule 1 to the 2014 regulations. signed by authority of the secretary of state for health. philip dunne minister of state, department of health 12th september 2017

citation and commencement 1 1 these regulations may be cited as the water industry designated codes (appeals to the competition and markets authority) regulations 2017. 2 these regulations come into force at the end of the period of 21 days beginning with the day on which they are made. interpretation 2 1 in these regulations - "the act" means the water industry act 1991; "appellant" means a person who has been granted permission to appeal in accordance with regulation 6; "authorised member of the cma" - in relation to a power exercisable in connection with an appeal, means a member of the cma group who has been authorised by the chair of the cma to exercise that power; in relation to a power exercisable in connection with an application for permission to appeal, or otherwise in connection with an appeal in respect of which a cma group is being constituted by the chair of the cma, means - any member of the cma board who is also a member of the cma panel, or any member of the cma panel authorised by the secretary of state (whether generally or specifically) to exercise the power in question; "authority decision" means a decision taken by the authority on or after the commencement date - to revise a designated code; or following consultation under the act, not to revise a designated code; "the cma" means the competition and markets authority; "cma board" and "cma panel" have the same meaning as in schedule 4 to the enterprise and regulatory reform act 2013 ; "cma group" means a group constituted by the chair of the cma under part 3 of schedule 4 to the enterprise and regulatory reform act 2013 for the purpose of carrying out functions of the cma with respect to an appeal under regulation 4; "commencement date" means the day on which these regulations come into force in accordance with regulation 1(2); "intervener" means a person who has become a party to an appeal in pursuance of a direction under regulation 7(5); "sewerage licence" means a sewerage licence granted with a retail authorisation under section 17ba of the act , and "sewerage licensee" is to be interpreted accordingly; "undertaker" means either a water or sewerage undertaker; "water supply licence" means a water supply licence granted with a retail authorisation or a restricted retail authorisation under section 17a of the act , and "water supply licensee" is to be interpreted accordingly; "wholesale-retail code" means the relevant designated code in the table in the schedule; "working day" means any day other than - a saturday or sunday; christmas day or good friday; or a day which is a bank holiday in england and wales under the banking and financial dealings act 1971 . 2 references in these regulations to a party to an appeal are references to - a the appellant; b an intervener; or c the authority. designation of codes 3 the codes listed in the table in the schedule are designated for the purposes of section 207a(2) of the act and the term "designated code" is to be read accordingly. appeals to the cma 4 1 an appeal against an authority decision lies to the cma. 2 an appeal against an authority decision may be brought under this regulation only by one or more of the following persons, where their interests are materially affected by it - a a water supply licensee; b a sewerage licensee; or c an undertaker. 3 the permission of the cma is required to bring an appeal under this regulation. exclusion 5 a right of appeal under regulation 4 is excluded in respect of any decision to revise the wholesale-retail code which is required to be set out in a notice under section 66dc(3) or 117h(3) of the act . application for permission to appeal 6 1 an application for permission to appeal may be made only by sending a notice to the cma requesting the permission and must be made before the end of 15 working days following the day on which the decision was first published. 2 an application for permission must be accompanied by all such information as may be required by appeal rules. 3 the applicant must send a copy of the application and such other information as may be required by appeal rules to - a the authority; b such persons (apart from the authority) as appear to the applicant to be affected by the decision appealed against; and c such other persons as the authority may require the applicant to keep informed about the appeal. 4 the applicant must comply with the obligations in paragraph (3)(a) and (b) on the day the applicant sends notice to the cma in accordance with paragraph (1). 5 an application for permission must be determined by an authorised member of the cma before the end of 10 working days following the day on which the application is received by the cma. 6 where the cma grants permission, it may be granted subject to conditions. 7 those conditions may include - a conditions which limit the matters to be considered on the appeal; b conditions for the purpose of expediting the determination of the appeal; and c conditions requiring the appeal to be considered together with other appeals (including appeals relating to different matters or decisions and appeals brought by different persons). 8 the cma may refuse permission only on one of the following grounds - a that the appeal is brought for reasons that are trivial or vexatious; b that the appeal has no reasonable prospect of success. 9 following determination of an application for permission, an authorised member of the cma must notify the decision to - a the applicant; b the authority; and c each person who was sent a copy of the application in accordance with paragraphs (3) and (4). addition of interveners 7 1 this regulation applies if a person falling within paragraph (2) gives notice to the cma asking to become an intervener - a within 20 working days following the day of the making of an application for permission to appeal; or b within such longer period as an authorised member of the cma may allow. 2 a person falls within this paragraph if the person is not the applicant for permission, but is a person who would have been entitled, at the time of the application, to make their own application to the cma for permission to appeal against the decision in question. 3 a person who gives a notice under paragraph (1) must send a copy of the notice, and such other information as may be required by appeal rules to - a the authority; b the applicant; c such persons (apart from the authority) as appear to that person to be affected by the decision appealed against; and d such other persons as the authority may require that person to keep informed about the appeal. 4 a person who gives notice under paragraph (1) must comply with the obligations in paragraph (3)(a) to (c) on the day that person gives notice to the cma. 5 an authorised member of the cma may give a direction that a person who gives notice under paragraph (1) is to be an intervener. 6 an authorised member of the cma is not to give a direction under this regulation if the member considers that it would prevent the determination of the appeal within the period allowed by regulation 11. 7 where a direction is given under this regulation - a the application for permission; and b if permission is or has been granted, the appeal brought by the applicant and any other appeals that are considered with it; are to proceed (subject to any direction under paragraph (8)(b)) as if the intervener had joined with the applicant in making that application and bringing the appeal. 8 a direction under this regulation - a does not allow the intervener to rely on grounds of appeal not contained in the application for permission to appeal; b may allow the intervener to become a party to the appeal for the purpose of opposing it; and c may be given subject to conditions. 9 the conditions under paragraph (8)(c) may include - a conditions which limit the matters that are to be considered on the appeal; b conditions for the purpose of expediting the determination of the appeal. suspension of authority decision 8 1 where permission has been granted to appeal against an authority decision, an authorised member of the cma may direct that, pending the determination of the appeal - a the decision is not to have effect; or b the decision is not to have effect to such extent as may be specified in the direction. 2 the power to give a direction under this regulation is exercisable only where - a an application for its exercise has been made by the appellant or by another person who would have been entitled to appeal the authority decision in accordance with regulation 4(2); b the applicant for the exercise of the power would incur significant costs if the authority decision were to have effect, or to continue to have effect, before the determination of the appeal; and c the balance of convenience does not otherwise require effect to be given to the authority decision pending that determination. 3 a person making an application under this regulation may make such an application at any time before the determination of the appeal and must notify the authority on the same day the application is made. 4 before determining whether to make a direction under this regulation, the authorised member of the cma must give the authority an opportunity of making representations about the matter unless the authorised member of the cma intends to refuse to make a direction on the grounds that the determination of the appeal will be made before the direction could have effect. time limit for representations and observations by the authority 9 1 where the authority wishes to make representations or observations to the cma about - a an authority decision in respect of which permission to appeal has been granted; b the authority's reasons for that decision; or c the grounds on which an appeal is being brought against that decision; it must do so within 15 working days following the day of the making of the application for permission to appeal. 2 where more than one application for permission to appeal is made in respect of the same authority decision, the period of 15 working days referred to in paragraph (1) begins on the day after the day of the making of the latest of those applications. 3 on the day that the authority makes any representations or observations to the cma in accordance with paragraph (1) it must publish them on its website and send a copy to any applicant for permission, appellant or intervener. consideration and determination of appeal by cma group 10 1 a cma group must consist of three members of the cma panel. 2 a decision of the cma group is effective only if - a all the members of the cma group are present when it is made; and b at least two members of the cma group are in favour of the decision. timetable for determination of appeal 11 1 the cma must determine an appeal within 30 working days following the last day for the making of representations or observations by the authority in accordance with regulation 9. 2 the cma may on one occasion only extend the period in paragraph (1) by not more than 10 working days if the cma is satisfied that there are good reasons for doing so. 3 the cma must notify an extension under paragraph (2) to every party to the appeal. matters to be considered on appeal 12 1 this regulation applies to every appeal brought under regulation 4. 2 in determining the appeal, the cma must have regard, to the same extent as is required of the authority, to the matters to which the authority must have regard in the exercise and performance of the powers and duties mentioned in section 2(1) of the act (general duties with respect to water industry) . 3 in determining the appeal, the cma may have regard to any matter to which the authority was not able to have regard in the case of the authority decision appealed against. 4 in the exercise of the power in paragraph (3), the cma must not have regard to any matter to which the authority would not have been entitled to have regard in that case had it had the opportunity of doing so. matters that may be disregarded 13 the cma may, if it thinks it necessary to do so for the purpose of securing the determination of an appeal within the period allowed by regulation 11 or for any other reason, disregard any matters raised - a by the appellant that were not raised at the time of the application for permission to appeal; b by an intervener that were not raised in the request made in accordance with regulation 7; c by the authority that were not raised in representations or observations made in accordance with regulation 9. production of documents 14 1 the cma or an authorised member of the cma may by notice require a person to produce to the cma the documents specified or otherwise identified in the notice and may require such documents to be produced - a at the time and place specified in the notice; and b in a legible form. 2 no person is to be compelled under this regulation to produce a document that the person could not be compelled to produce in civil proceedings in the high court. 3 an authorised member of the cma may, for the purpose of the exercise of the functions of the cma, make arrangements for copies to be taken of a document produced under this regulation. oral hearings 15 1 for the purposes of determining an appeal or any application under these regulations, an oral hearing may be held. 2 evidence may be taken on oath and oaths may be administered - a by the person considering an application for permission to bring an appeal; b by the person considering an application for a direction under regulation 7 or 8; or c by the cma group determining an appeal. 3 the cma or an authorised member of the cma must give notice of the time and place of the oral hearing to any applicant, appellant or intervener and the authority and may by notice require a person - a to attend at a time and place specified in the notice; and b at that time and place, to give evidence to a person or the cma group mentioned in paragraph (2). 4 at any oral hearing, the person or cma group conducting the hearing may require the following persons to give evidence or to make representations or observations - a any applicant, appellant or intervener, if they are present at the hearing; or b a person attending the hearing as a representative of a person mentioned in sub-paragraph (a) or of the authority. 5 a person who gives oral evidence at the hearing may be cross-examined by or on behalf of the applicant or any party to the appeal. 6 if a person is not present at a hearing to be subjected to a requirement under paragraph (4), the person or cma group conducting the hearing may determine the application or appeal without hearing that person's evidence, representations or observations. 7 no person is to be compelled under this regulation to give evidence which that person could not be compelled to give in civil proceedings in the high court. 8 where a person is required under this regulation to attend at a place more than 10 miles from their place of residence, an authorised member of the cma must, if requested, arrange for that person to be paid the necessary expenses of their attendance. written statements 16 1 the cma or an authorised member of the cma may by notice require a person to produce a written statement to the cma, or to the cma group determining an appeal, with respect to a matter specified in the notice. 2 the power to require the production of a written statement includes power - a to specify the time and place at which it is to be produced; b to require it to be verified by a statement of truth. 3 a written statement which is required to be verified by a statement of truth in accordance with paragraph (2)(b) must be disregarded unless it is so verified. 4 no person is to be compelled under this regulation to produce a written statement with respect to any matter about which that person could not be compelled to give evidence in civil proceedings in the high court. enforcement of requirements in relation to evidence etc. 17 1 this regulation applies where a person ("p") - a fails to comply with a notice or other requirement issued or imposed under regulation 14, 15 or 16; b in complying with a notice under regulation 16, makes a statement that is false in a material particular; or c in providing information verified by a statement of truth required by appeal rules, provides information that is false in a material particular. 2 an authorised member of the cma may certify to the high court - a the failure; b the fact that p has made a false statement in circumstances described in paragraph (1)(b); or c the fact that p has provided false information in circumstances described in paragraph (1)(c). 3 the high court may - a inquire into the failure or act certified to it under paragraph (2); and b punish p as if p had been guilty of contempt of court if it is satisfied, after having heard any witness against or on behalf of p and any statement in p's defence, that - i the certified failure or act took place; and ii p did not have a reasonable excuse for the failure or act. 4 where p is a body corporate, the high court may punish any director or other officer of that body either instead of or in addition to dealing with the body corporate. 5 a person who wilfully alters, suppresses or destroys a document that the person has been required to produce under regulation 14 is guilty of an offence and is liable - a on summary conviction, to a fine; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. determination of appeals 18 1 this regulation applies to every appeal brought under regulation 4. 2 the cma may allow the appeal only if it is satisfied that the authority decision appealed against was wrong on one or more of the following grounds - a that the authority failed properly to have regard to the matters mentioned in regulation 12(2); b that the authority failed properly to have regard to the purposes, listed in column 3 of the table in the schedule, for which the designated code in question was issued; c that the authority failed to give the appropriate weight to one or more of those matters or purposes; d that the authority's decision was based, wholly or partly, on an error of fact; e that the authority's decision was wrong in law. 3 where the cma does not allow the appeal, it must confirm the authority decision appealed against. 4 where the cma allows the appeal, it must do one or more of the following - a quash the authority decision appealed against or part of it; b remit the matter to the authority for reconsideration and redetermination in accordance with any directions given by the cma; c where it quashes an authority decision not to revise a code or part of it, give directions to the authority as it considers appropriate for securing that the relevant designated code has effect as if it had been revised as proposed or with modifications. 5 the authority must not be directed under paragraph (4) to do anything that it would not have power to do. 6 the decision of the cma on the appeal - a must be contained in an order made by the cma which sets out the reasons for the decision; b takes effect at the time specified in the order or determined in accordance with provision set out in that order; c must be notified by the cma to the parties to the appeal; and d must be published by the cma in such manner as it considers appropriate for bringing it to the attention of other persons likely to be affected by it. 7 the cma may exclude from what it publishes under paragraph (6)(d) any information which it is satisfied is - a commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates; b information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm that individual's interests. costs 19 1 a cma group that determines an appeal must make an order requiring the payment to the cma of the costs incurred by the cma in connection with the appeal. 2 where the appeal is allowed, the order must require those costs to be paid by the authority. 3 where the appeal is dismissed, the order must require those costs to be paid by the appellant; but if there is more than one appellant the order may specify that one or more of the appellants is to pay those costs, in such proportions as specified in the order. 4 the cma group that determines an appeal may make an order requiring a party to the appeal to pay the costs of another party to the appeal incurred in connection with the appeal. 5 a person required by an order under this regulation to pay a sum to another person must comply with the order within the period of 28 days beginning with the day after the day on which the order is made. 6 any unpaid balance remaining after the period mentioned in paragraph (5) expires accrues interest at such rate as may be determined in accordance with provision contained in the order. 7 any costs payable by virtue of an order under this regulation and any interest that has not been paid may be recovered as a civil debt by the person in whose favour that order is made. consequential amendments 20 in schedule 4 to the enterprise and regulatory reform act 2013 - a in paragraph 35(3), in the definition of "specialist utility functions" after sub-paragraph (e) insert - ea an appeal under regulation 4 of the water industry designated codes (appeals to the competition and markets authority) regulations 2017 ( si 2017/447 ); ; b after paragraph 48(4)(c)(v) insert - vi the water industry designated codes (appeals to the competition and markets authority) regulations 2017 ( si 2017/447 ). . thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 17th march 2017

citation and commencement 1 these regulations may be cited as the road vehicles (construction and use) (amendment) regulations 2017 and come into force on 20th may 2018. amendment of the road vehicles (construction and use) regulations 1986 2 the road vehicles (construction and use) regulations 1986 are amended as follows. 3 in regulation 18 - a in table i in paragraph (3) - i after item 3 insert - 3a a category t tractor which is driven at more than 40 km/h - (a) when not drawing a trailer 50 25 (b) when drawing a non-agricultural trailer 45 25 , ii in item 4 for "1 to 3" substitute "1 to 3a", b after paragraph (3) insert - 3a for a category t tractor which is driven at more than 40 km/h, when drawing an agricultural trailer each component of the combination shall comply with the requirements of that component specified in item 3a(a) of table i and with paragraph (5)(c). . 4 omit regulation 18a. 5 in regulation 70(1) omit "goods". 6 after regulation 110 insert - review 111 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in - i regulation 18 in so far as it relates to the efficiency of brakes, ii regulation 70, iii paragraph 8 of schedule 7b, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 20th may 2023. 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 directive 2014/45/eu of the european parliament and of the council of 3 april 2014 on periodic roadworthiness tests for motor vehicles and their trailers is implemented in other member states. 5 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 6 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). . 7 in table i in schedule 2 - a omit item 74c, b omit item 83, c after item 94 insert - 95 2014/45 29.4.14 l127, 29.4.14, p. 51 periodic roadworthiness tests for motor vehicles and their trailers 2009/40 96 2014/47 29.4.14 l127, 29.4.14, p. 134 technical roadside inspection of the roadworthiness of commercial vehicles 2000/30. 8 in paragraph 8 of part ii of schedule 7b - a in sub-paragraph (1)(a) at the end insert ", or the manufacturer's plate value if lower", b in sub-paragraph (1)(b) at the end insert ", or the manufacturer's plate value if lower", c in sub-paragraph (1)(c) after "july 2008" insert "but before 1st january 2014, the manufacturer's plate value if available, otherwise", d after sub-paragraph (1)(c) insert - d if the vehicle is first used on or after 1st january 2014, the manufacturer's plate value if available, otherwise 0.7 per metre , e for sub-paragraphs (2)(a) and (b) substitute - a point 8.2.2 of annex 1 of directive 2014/45/eu ; or b point 8.2.2 of annex 2 of directive 2014/47/eu . signed by authority of the secretary of state jesse norman parliamentary under secretary of state department for transport 11th september 2017

citation, commencement and application 1 1 this order may be cited as the animal health (miscellaneous revocations) order 2017 and comes into force on 1st january 2018. 2 this order applies to england only. revocations 2 the following orders are revoked - a the diseases of animals (extension of definitions) order 1971 ; b the disease control (england) (amendment) order 2007 . george eustice minister of state department for environment, food and rural affairs 27th november 2017

citation and commencement 1 1 this order may be cited as the value added tax (place of supply of services) (telecommunication services) order 2017 and comes into force on 1st november 2017. 2 the amendments made by this order have effect in relation to supplies of services made on or after 1st november 2017. amendment of schedule 4a to the value added tax act 1994 2 in part 1 (general exceptions) of schedule 4a to the value added tax act 1994 (place of supply of services: special rules) - a in the heading to paragraph 8 omit "telecommunication and"; b in paragraph 8(1) omit paragraph (a); and c omit paragraph 8(2). 3 in part 2 (exceptions relating to supplies made to relevant business person) of schedule 4a to the value added tax act 1994, after paragraph 9d insert - telecommunication services 9e 1 this paragraph applies to a supply of services to a relevant business person consisting of the provision of telecommunication services. 2 in this schedule "telecommunication services" means services relating to the transmission, emission or reception of signals, writing, images and sounds or information of any nature by wire, radio, optical or other electromagnetic systems, including - a the related transfer or assignment of the right to use capacity for such transmission, emission or reception, and b the provision of access to global information networks. 3 where - a a supply of services to which this paragraph applies would otherwise be treated as made in the united kingdom, and b the services are to any extent effectively used and enjoyed in a country which is not a member state, the supply is to be treated to that extent as made in that country. 4 where - a a supply of services to which this paragraph applies would otherwise be treated as made in a country which is not a member state, and b the services are to any extent effectively used and enjoyed in the united kingdom, the supply is to be treated to that extent as made in the united kingdom. . 4 in part 3 (exceptions relating to supplies not made to relevant business person) of schedule 4a to the value added tax act 1994, in sub-paragraph (2)(b) of paragraph 15 (electronically supplied, telecommunication and broadcasting services) for "paragraph 8(2)" substitute "paragraph 9e(2)". consequential amendments to the value added tax act 1994 5 in section 47(6) (agents etc. ) of the value added tax act 1994 for "paragraph 8(2)" substitute "paragraph 9e(2)". 6 in paragraph 3(2) (qualifying supplies) in part 1 (non-union scheme: registration) of schedule 3b (electronic, telecommunication and broadcasting services: non-union scheme) to the value added tax act 1994 for "paragraph 8(2)" substitute "paragraph 9e(2)". 7 in paragraph 2(2) (meaning of "scheme services") in part 1 (introduction) of schedule 3ba (electronic, telecommunication and broadcasting services: union scheme) to the value added tax act 1994 for "paragraph 8(2)" substitute "paragraph 9e(2)". consequential amendment to the value added tax (section 55a) (specified services and excepted supplies) order 2016 8 in article 4(2) of the value added tax (section 55a) (specified services and excepted supplies) order 2016 for "8(2)" substitute "9e(2)". heather wheeler mark spencer two of the lords commissioners of her majesty's treasury at 9.00 a.m. on 20th july 2017

citation 1 these regulations may be cited as the serious crime act 2015 (commencement no. 6) regulations 2017. provisions coming into force on 3rd april 2017 2 section 67 (sexual communication with a child) of the serious crime act 2015 comes into force on 3rd april 2017. elizabeth truss secretary of state ministry of justice 20th march 2017

citation and commencement 1 1 these regulations may be cited as the immigration (european economic area) (amendment) regulations 2017. 2 they come into force on 31st january 2017. amendments to the immigration (european economic area) regulations 2016 2 the immigration (european economic area) regulations 2016 are amended as set out in the schedule. robert goodwill minister of state home office 5th january 2017

citation and commencement 1 these regulations may be cited as the drug dealing telecommunications restriction orders regulations 2017 and come into force on the day after the day on which they are made. interpretation 2 in these regulations - "affected person" - in relation to an application for a ddtro, means a person who would be likely to be affected by the order (if made); and in relation to a ddtro that has been made, means a person who has been or is likely to be affected by the order; "applicant" means the person who applies for a ddtro; "ddtro" means a drug dealing telecommunications restriction order ; "device id" includes - an international mobile equipment identity (imei) number; a mobile equipment identifier (meid) number; an electronic serial number (esn); a mobile station international subscriber directory number (msisdn); an integrated circuit card identifier (iccid); an international mobile subscriber identity (imsi); a mobile identification number (min) or mobile subscription identification number (msin); a media access control address (mac); a universal device identifier (udid); an android identifier number (android_id); or any other serial number or identification number, used with a communications device; "relevant item" means - a communication device ; or a phone number or something else that may be used with a communication device, including a subscriber identity module (sim) or device id. power to make a ddtro 3 1 the court may make a ddtro if the court - a is satisfied that a relevant item identified in the order - i has been, or is likely to have been, used; or ii is likely to be used in the future, in connection with drug dealing offences ; and b it has reasonable grounds to believe that the order would prevent or restrict the use of a communication device in connection with drug dealing offences. 2 a ddtro has effect - a until the date, or the end of the period, that the order specifies (if any); or b if no date or period is specified, until discharged under regulation 10. 3 a ddtro may provide for the order, or any specified requirements of it, not to apply in relation to any relevant item that the applicant discovers is not being used in connection with drug dealing offences. 4 a ddtro must specify the date and time on or before which the requirements of the order are to be complied with. 5 the date and time specified for the purposes of paragraph (4) must be the end of the fifth working day after the date of the order unless the applicant requests that the court specify a different date and time and the court agrees that the request is reasonable. 6 a ddtro must include provision permitting the applicant and the communications provider subject to the order to agree a date and time at which the requirements of the order must be complied with that is earlier than the date and time specified in the ddtro. 7 in this regulation, "working day" means a day other than - a saturday or sunday; b christmas day or good friday; or c a day that is a bank holiday under the banking and financial dealings act 1971 in the part of the united kingdom in which - i in the case of a communications provider which is a company or limited liability partnership, it has its registered office; ii in all other cases, the communications provider has its principal place of business. application for a ddtro 4 1 a ddtro may be made only on the application of - a the director general or deputy director general of the national crime agency; or b a police officer of the rank of superintendent or above. 2 an application for a ddtro must - a be made and heard without notice of the application or hearing having been given to an affected person or their legal representative; and b be heard and determined in the absence of an affected person or their legal representative. notice and information to be given by the applicant 5 1 the applicant must, as soon as reasonably practicable after it has been made by the court - a serve a copy of the ddtro on the communications provider; and b take reasonable steps to bring the making of the ddtro to the attention of any other affected person of whom the applicant is, or ought reasonably to be, aware. 2 where - a a ddtro contains provision made by virtue of regulation 3(3); and b the applicant discovers that a relevant item in relation to which the order, or any particular requirement of it, would apply (but for that provision) is not being used in connection with drug dealing offences, the applicant must comply with the requirements in paragraph (3). 3 the requirements are that - a the applicant must as soon as reasonably practicable notify the communications provider of the discovery and inform the provider in writing that, accordingly, the order or provision does not apply in relation to that relevant item; and b where the communications provider has already complied with the terms of the ddtro, the applicant must as soon as reasonably practicable notify any other affected person of the discovery and inform them in writing that, accordingly, the order or provision does not apply in relation to that relevant item. information to be given by a communications provider 6 a communications provider required to comply with a ddtro must notify - a the applicant; and b the office of communications , as soon as is reasonably practicable once the requirements of the order have been complied with. costs of complying with a ddtro 7 1 where a communications provider is likely to incur (or has incurred) costs in complying with a ddtro, the order (or a further order) may include a requirement for the applicant to pay any or all of the communications provider's costs that the court considers reasonable. 2 a requirement under paragraph (1) may specify the amount to be paid or may specify how the amount is to be calculated. appeals 8 1 an appeal against a decision of the court under these regulations may be made by - a the applicant; or b an affected person. 2 where an appeal is to be made by an affected person who is a communications provider, notice in writing of the intention to appeal must be served on the applicant at least 24 hours before any appeal is made. 3 where an appeal is to be made by an affected person who is not a communications provider - a notice in writing of the intention to appeal must be served on the applicant and any communications provider required to comply with the ddtro at least 24 hours before any appeal is made; and b both the applicant and any communications provider required to comply with the ddtro must be named as parties to the appeal. 4 where an appeal is successful in relation to only part of a ddtro, the remainder of the order remains in force. 5 the applicant may not be ordered to pay any other party's costs (or, in scotland, expenses) of the proceedings on any appeal by an affected party if the appeal is unsuccessful. restrictions on disclosure 9 1 at the request of the applicant (but not otherwise), the court may order that some or all of the information in any submission (either written or oral) made to the court in connection with any application under these regulations, or an appeal against a decision made under these regulations, is not to be disclosed, without the permission of the court, to any person other than - a the applicant; or b a person (if any) who is specified, or of a description specified, in the order. 2 an order made under paragraph (1) may be expressed to continue for such period as the court sees fit, including - a until the determination of any appeal against a decision made under these regulations; or b indefinitely. 3 the court may not impose restrictions on the disclosure of information under paragraph (1) unless satisfied that it is necessary to do so in the public interest. 4 an application for an order under this regulation may be determined in advance of, or at the same time as, an application or appeal mentioned in paragraph (1). 5 no information mentioned in paragraph (1) may be disclosed to any person until the application for an order under this regulation is disposed of. 6 a breach of paragraph (5) is a contempt of court. 7 where an application under this regulation is not granted by the court - a the court must give the applicant an opportunity to withdraw any related ddtro application; and b if the applicant withdraws the ddtro application, the court must return any form submitted to the court in relation to the ddtro application, and any documents submitted in connection with that application, to the applicant. power to discharge or vary a ddtro etc. 10 1 the court may discharge an order made under these regulations, or extend or otherwise vary it, on the application of - a the applicant; or b an affected person. 2 an application for the discharge, extension or variation of an order made under these regulations must set out the grounds on which it is made. 3 an application for an extension or variation of an order made under these regulations must set out the terms of the extension or variation sought. 4 where an application under this regulation is to be made by an affected person who is a communications provider, notice in writing of the intention to apply must be served on the applicant at least 24 hours before the application is made. 5 where an application under this regulation is to be made by an affected person who is not a communications provider - a notice in writing of the intention to apply must be served on the applicant and any communications provider required to comply with the ddtro at least 24 hours before the application is made; and b both the applicant and any communications provider required to comply with the ddtro must be named as parties to the application. 6 the court may order the applicant to pay any other party's costs (or, in scotland, expenses) of the proceedings if an application by an affected person under this regulation is successful. hearing of applications etc. 11 1 a hearing held to deal with an application for a ddtro must be held and determined in private. 2 subject to any order made pursuant to regulation 9, a hearing held to deal with an appeal against a decision made under these regulations must be held in public. review by secretary of state 12 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in these regulations; and b publish a report setting out the conclusions of the review. 2 the first report must be published before the end of the period of five years beginning with the date on which these regulations come into force for any purpose. 3 subsequent reports must be published at intervals not exceeding five years. 4 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); 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). victoria atkins parliamentary under secretary of state home office 6th december 2017

part 1 general citation, commencement and application 1 1 these regulations may be cited as the council tax reduction schemes (amendment) (england) regulations 2017 and, save as provided in paragraph (2), come into force on 12th january 2018. 2 regulations 10, 11 and 14(b) come into force on 6th december 2018. 3 parts 3 and 4 of these regulations apply in relation to council tax reduction schemes made by billing authorities for financial years beginning on or after 1st april 2018. part 2 date for revisions to, or replacement of, a scheme amendment of the local government finance act 1992 2 in schedule 1a (council tax reduction schemes: england) to the local government finance act 1992, in paragraph 5(2) (revisions to and replacement of scheme) for "31 january" substitute "11 march". part 3 amendment of prescribed requirements amendment of the council tax reduction schemes (prescribed requirements) (england) regulations 2012 3 the council tax reduction schemes (prescribed requirements) (england) regulations 2012 are amended in accordance with this part. 4 in regulation 2(1) (interpretation) - a at the appropriate place in the alphabetical order, 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; ; "the london emergencies trust" means the company of that name (number 09928465) incorporated on 23rd december 2015 and the registered charity of that name (number 1172307) established on 28th march 2017; ; "the scottish infected blood support scheme" means the scheme of that name administered by the common services agency (constituted under section 10 of the national health service (scotland) act 1978 ); ; "the we love manchester emergency fund" means the registered charity of that name (number 1173260) established on 30th may 2017; ; b in the definition of "main phase employment and support allowance", after "2007" insert "or the applicant is a member of the work-related activity group"; c in the definition of "member of the work-related activity group", for "claimant" substitute "person"; d in the definition of "qualifying person", after "caxton foundation" insert ", the scottish infected blood support scheme, an approved blood scheme, the london emergencies trust, the we love manchester emergency fund". 5 in regulation 8 (households), in paragraph (2), in sub-paragraph (a) after "of that act," insert "or section 81(2) of the social services and well-being (wales) act 2014 (ways in which looked after children are to be accommodated and maintained) ". 6 schedule 1 (pensioners: matters that must be included in an authority's scheme) is amended in accordance with regulations 7 to 11. 7 in part 2 (applicable amounts for the purposes of calculating eligibility for a reduction under an authority's scheme and amount of reduction), in paragraph 6 (applicable amounts) - a for sub-paragraph (1)(b), substitute - b an amount determined in accordance with paragraph 2 of that schedule in respect of up to two individuals who are either children or young persons and who are members of his family; ; b after sub-paragraph (1), insert - 1a for the purposes of sub-paragraph (1)(b) as it applies apart from sub-paragraph (1c), where the family includes more than two individuals who are either children or young persons and under paragraph 2 of that schedule a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount. 1b sub-paragraph (1c) applies where - a (whether or not as part of a tax credit couple as defined in section 3(5a) of the tax credits act 2002) the applicant has an award of child tax credit (whether or not any amount is payable by way of such credit) in respect of a child or young person who is a member of his family; and b the total amount to be included in the applicable amount under sub-paragraph (1)(b) as substituted by sub-paragraph (1c) would be higher than the total amount that would be included under paragraph (1)(b) apart from sub-paragraph (1c). 1c where this paragraph applies, for sub-paragraph (1)(b) substitute - b an amount determined in accordance with paragraph 2 of that schedule in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit; . 8 in part 3 (maximum council tax reduction for the purposes of calculating eligibility for a reduction under an authority's scheme and amount of reduction), in paragraph 8 (non-dependant deductions), in - a sub-paragraph (1)(a), for "11.55" substitute "11.90"; b sub-paragraph (1)(b), for "3.80" substitute "3.90"; c sub-paragraph (2)(a), for "196.95" substitute "202.85"; d sub-paragraph (2)(b), for "196.95", "341.40" and "7.65" substitute "202.85", "351.65" and "7.90" respectively; e sub-paragraph (2)(c), for "341.40", "424.20" and "9.65" substitute "351.65", "436.90", "9.95" respectively; f sub-paragraph (9)(b), after "the caxton foundation" insert ", the scottish infected blood support scheme, an approved blood scheme, the london emergencies trust, the we love manchester emergency fund"; g sub-paragraph (10)(a), after "the caxton foundation" insert ", the scottish infected blood support scheme, an approved blood scheme, the london emergencies trust, the we love manchester emergency fund"; h after sub-paragraph (10)(f), insert - g any payment made under, or by, a trust which is approved by the secretary of state and which is established for the purpose of giving relief and assistance to a disabled person whose disability was caused by their mother having taken a preparation containing the drug known as thalidomide during her pregnancy. . 9 part 6 (income and capital for the purposes of calculating eligibility for a reduction under an authority's scheme and amount of reduction) is amended as follows - a in paragraph 16 (meaning of "income") - i for sub-paragraph (1)(m), substitute - m a pension paid by a government to victims of national socialist persecution; ; ii in sub-paragraph (2), after "sub-paragraph (1)" where it first appears insert ", or retirement pension income to which section 16(1)(za) to (e) of the state pension credit act 2002 applies ,"; iii after sub-paragraph (4)(d), insert - e section 14 of the pensions act 2014 (pension sharing: reduction in sharer's section 4 pension) ; f section 45b or 55b of the social security contributions and benefits act 1992 (reduction in additional pension in category a retirement pension and shared additional pension: pension sharing) . ; b in paragraph 21 (earnings of self-employed earners), in sub-paragraph (2) - i in paragraph (b)(i), for "section 26(1)" substitute "section 26 or 26a"; ii in paragraph (d)(iv), at the end omit "or"; iii in paragraph (d)(v), after "2006" insert - or vi the persons concerned where the payment is for the provision of accommodation to meet that person's needs for care and support under section 35 or 36 of the social services and well-being (wales) act 2014 (respectively, duty and power to meet care and support needs of an adult) ; da any payment or part of a payment made by a local authority in accordance with section 26a of the children (scotland) act 1995 (duty to provide continuing care) to a person ("a") which a passes on to the applicant where a - i was formerly in the applicant's care; ii is aged 16 or over; and iii continues to live with the applicant; db any payments made to an applicant under section 73(1)(b) of the children and young people (scotland) act 2014 (kinship care assistance: further provisions) ; ; c in paragraph 22 (notional income), in sub-paragraph (6), for "maximum amount of income which may be withdrawn from the fund" substitute "rate of the annuity which may have been purchased with the fund"; d in paragraph 25 (treatment of childcare charges), in sub-paragraph (10)(c) for "applicant's applicable amount would include the support component on account of the other member having limited capability for work or the other member of the couple would be" substitute "other member of the couple would be a member of the support group or". 10 in part 7 (extended reductions), in paragraph 43 (continuing reductions where state pension credit is claimed) - a in sub-paragraph (1)(c)(i), omit "or, if his entitlement to income-based jobseeker's allowance or income-related employment and support allowance continued beyond that age, has attained the age of 65"; b in sub-paragraph (2)(a)(ii), omit "or the age of 65". 11 in part 8 (when entitlement begins and change of circumstances), in paragraph 46 (date when change of circumstances is to take effect), in sub-paragraph (10), omit paragraph (a). 12 in schedule 2 (applicable amounts) - a for paragraph 1 (personal allowance), substitute - 1 the amount specified for the purposes of paragraph 6(1)(a) of schedule 1 is - a prior to 6th december 2018, the amount specified in column (2) of table 1 below in respect of each person or couple referred to in column (1) of that table; b on or after 6th december 2018, the amount specified in column (2) of table 2 below in respect of each person or couple referred to in column (1) of that table. table 1 column (1) person, couple or polygamous marriage column (2) amount (1) single applicant or lone parent - (a) aged under 65; (b) aged 65 or over. (a) 163.00; (b) 176.40. (2) couple - (a) both members aged under 65; (b) one or both members aged 65 or over (a) 248.80; (b) 263.80. (3) if the applicant is a member of a polygamous marriage and none of the members of the marriage has attained the age of 65 - (a) for the applicant and the other party to the marriage; (b) for each additional spouse who is a member of the same household as the applicant. (4) if the applicant is a member of a polygamous marriage and one or more members of the marriage are aged 65 or over - (a) for the applicant and the other party to the marriage; (b) for each additional spouse who is a member of the same household as the applicant. (a) 248.80; (b) 85.80. (a) 263.80; (b) 87.40. table 2 column (1) person, couple or polygamous marriage column (2) amount (1) single applicant or lone parent who has attained pensionable age 176.40. (2) couple and one or both members have attained pensionable age 263.80. (3) if the applicant is a member of a polygamous marriage and one or more members of the marriage have attained pensionable age - (a) for the applicant and the other party to the marriage; (b) for each additional spouse who is a member of the same household as the applicant. (a) 263.80; (b) 87.40. ; b in part 4 (amounts of premium specified in part 3) in the second column of the table - i in paragraph (1)(a) and (b)(i) for "62.45" substitute "64.30"; ii in paragraph (1)(b)(ii) for "124.90" substitute "128.60"; iii in paragraph (2) for "24.78" substitute "25.48"; iv in paragraph (3) for "60.90" substitute "62.86"; v in paragraph (4) for "34.95" substitute "36.00". 13 in schedule 3 (amount of alternative maximum council tax reduction) in paragraph 1, in column (1) of the table - a for "194.95" (twice) substitute "201.00"; b for "252.50" substitute "260.00". 14 schedule 5 (amounts to be disregarded in the calculation of income other than earnings) is amended as follows - a in paragraph 1, for sub-paragraph (1)(g) substitute - g a pension paid by a government to victims of national socialist persecution. ; b in paragraph 11, in sub-paragraph (b), after "65" insert "or, if it was higher at the time, pensionable age". 15 in schedule 6 (capital disregards), in part 1 (capital to be disregarded) - a in paragraph 16(1)(a), after "the caxton foundation," insert "the scottish infected blood support scheme, an approved blood scheme, the london emergencies trust, the we love manchester emergency fund"; b after paragraph 16, insert - 16a any payment made under, or by, a trust which is approved by the secretary of state and which is established for the purpose of giving relief and assistance to a disabled person whose disabilities were caused by their mother having taken a preparation containing the drug known as thalidomide during her pregnancy. ; c in paragraph 29 - i in sub-paragraph (e) at the end, omit "or"; ii in sub-paragraph (f) after "(direct payments)", insert - ; or g by virtue of regulations made under section 50 or 52 of the social services and well-being (wales) act 2014 (direct payments). ; d after paragraph 29b, insert - 29c 1 any payment made by a local authority in accordance with section 26a of the children (scotland) act 1995 (duty to provide continuing care) . 2 any payment or part of a payment made by a local authority in accordance with that section to a person ("a") which a passes on to the applicant where a - a was formerly in the applicant's care; b is aged 16 or over; and c continues to live with the applicant. . 16 schedule 8 (all applicants: matters that must be included in an authority's scheme - other matters), is amended as follows - a in paragraph 7 (information and evidence), in sub-paragraph (7)(a) after "the caxton foundation" insert ", the london emergencies trust, the we love manchester emergency fund"; b in paragraph 9 (duty to notify changes of circumstances), in sub-paragraph (7)(b), after "13 weeks" insert "or where the absence is from great britain, which exceeds or is likely to exceed 4 weeks". part 4 transitional provisions transitional provisions for restrictions on amounts for children and young persons 17 1 this regulation applies where - a on 31st march 2018, a person is liable to pay council tax at a reduced rate by virtue of a council tax reduction under an authority's scheme established under section 13a(2) of the local government finance act 1992 ("a section 13a(2) scheme"); and b the person is, or the person and the person's partner are between them, responsible for more than two individuals who are either children or young persons and who are members of the same household (each such individual is referred to as a "protected individual"). 2 where this regulation applies, the amendments made by regulation 7 do not apply to the person entitled to a council tax reduction referred to in paragraph (1) until - a the person makes a new application for a reduction under an authority's section 13a(2) scheme; or b the person or the person's partner (if any) becomes responsible for a new individual, whichever is the first to occur. 3 paragraphs (4) to (8) apply where - a the amendments made by regulation 7 apply by virtue of paragraph (2)(b); b the child tax credit provisions do not apply; and c the person has not made a new application for a reduction under an authority's scheme for a reduction under an authority's section 13a(2) scheme. 4 notwithstanding the default provisions, a child amount shall be included in the applicable amount in relation to any protected individual, in relation to any time when the person or the person's partner (if any) is responsible for the individual and the individual is a member of the same household. 5 paragraph (6) applies where - a the person or the person's partner (if any) is responsible for one or more protected individuals who are members of the same household; and b either of them is responsible for one or more new individuals who are members of the same household. 6 where this paragraph applies, any protected individual for whom the person or the person's partner is responsible is to be counted for the purpose of deciding whether, under the default provisions, an additional child amount is to be included in the applicable amount with respect to the new individual or individuals referred to in paragraph (5)(b). 7 paragraph (8) applies where - a the number of protected individuals for whom either the person or the person's partner (if any) is responsible, and who are members of the same household, is one; b the number of new individuals for whom either the person or the person's partner is responsible, and who are members of the same household, is two or more; and c a different child amount would apply to different individuals. 8 where this paragraph applies, the child amounts to be included in the applicable amount shall be - a the child amount in relation to the protected individual; and b a child amount in relation to such one of the new individuals as will result in the greatest possible total amount. 9 under paragraph (3), for the purposes of determining whether the child tax credit provisions apply, by virtue of paragraph 6(1b) of schedule 1 to the 2012 regulations, where the person or the person's partner is responsible for one or more protected individuals, the total amount that would be included in the applicable amount under the default provisions shall be taken to be the total that would be included under paragraphs (4), (6) and (8). 10 for the purposes of this regulation - a "the 2012 regulations" means the council tax reduction schemes (prescribed requirements) (england) regulations 2012; b "applicable amount", "child", "partner" and "young person" have the same meanings as in the 2012 regulations; c "child amount" means the amount determined under paragraph 2 of schedule 2 to the 2012 regulations; d "child tax credit provisions" means the provisions of paragraph 6(1)(b) of schedule 1 to the 2012 regulations (as substituted by paragraph 6(1c) of that schedule); e "default provisions" means the provisions of paragraph 6(1)(b) of schedule 1 to the 2012 regulations (as substituted by paragraph 6(1c) of that schedule); f "new individual" means a child or young person who is not a protected individual; g any reference to an individual being part of the same household means being part of the same household with the person who is entitled to a reduction under an authority's section 13a(2) scheme and the person's partner (if any); h a person is to be treated as responsible for a child or young person in the circumstances set out in regulation 7 of the 2012 regulations. signed by authority of the secretary of state for communities and local government marcus jones parlimentary under secetary of state department for communities and local government 19th december 2017

citation and commencement 1 these regulations may be cited as the road traffic act 1988 (motor racing) (england) regulations 2017 and come into force on 10th april 2017. motor sport governing bodies authorised to issue motor race permits 2 the motor sport governing bodies specified for the purpose of section 12b(6) of the road traffic act 1988, in relation to england, are - a the royal automobile club motor sports association limited ; and b the auto-cycle union limited . signed by the authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 13th march 2017

part 1 general citation, commencement and application 1 1 these regulations may be cited as the venezuela (european union financial sanctions) regulations 2017 and come into force on 6th december 2017. 2 an offence under these regulations may be committed by conduct wholly or partly outside the united kingdom by-- a a uk national, or b a body incorporated or constituted under the law of any part of the united kingdom. 3 in paragraph (2)-- "conduct" includes acts and omissions; "uk national" means-- a british citizen, a british overseas territories citizen who acquired their citizenship from a connection with gibraltar, or a british subject under part 4 of the british nationality act 1981 (british subjects) with the right of abode in the united kingdom. interpretation 2 1 in these regulations-- "the 2000 act " means the financial services and markets act 2000 ; "the council regulation " means council regulation (eu) 2017/2063 of 13th november 2017 concerning restrictive measures in view of the situation in venezuela, and a reference to annex iv or v to that regulation is to be construed as a reference to that annex as amended from time to time; "designated person" means a person, entity or body listed in annex iv or v to the council regulation; "document" includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form; "relevant institution" means-- a person who has permission under part 4a of the 2000 act (permission to carry on regulated activities); an eea firm of the kind mentioned in paragraph 5(b) of schedule 3 to the 2000 act (eea passport rights) which has permission under paragraph 15 of that schedule (as a result of qualifying for authorisation under paragraph 12 of that schedule ) to accept deposits; or an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers. 2 the definition of "relevant institution" in paragraph (1) must be read with-- a section 22 of the 2000 act (regulated activities), b any relevant order under that section, and c schedule 2 to the 2000 act (regulated activities). 3 any expression used both in these regulations and in the council regulation has the meaning that it bears in the council regulation. part 2 funds and economic resources freezing of funds and economic resources 3 1 a person ("p") must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if p knows, or has reasonable cause to suspect, that p is dealing with such funds or economic resources. 2 in paragraph (1), "deal with" means-- a in relation to funds-- i use, alter, move, allow access to or transfer; ii deal with the funds in any other way that would result in any change in their volume, amount, location, ownership, possession, character or destination; or iii make any other change that would enable use, including portfolio management; and b in relation to economic resources, exchange, or use in exchange, for funds, goods or services. 3 paragraph (1) is subject to regulation 9 (licences). making funds available to a designated person 4 1 a person ("p") must not make funds available, directly or indirectly, to a designated person if p knows, or has reasonable cause to suspect, that p is making the funds so available. 2 paragraph (1) is subject to regulations 8 (credits to a frozen account) and 9. making funds available for the benefit of a designated person 5 1 a person ("p") must not make funds available to any person for the benefit of a designated person if p knows, or has reasonable cause to suspect, that p is making the funds so available. 2 for the purposes of this regulation-- a funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and b "financial benefit" includes the discharge, in whole or in part, of a financial obligation for which the designated person is wholly or partly responsible. 3 paragraph (1) is subject to regulations 8 and 9. making economic resources available to a designated person 6 1 a person ("p") must not make economic resources available, directly or indirectly, to a designated person if p knows, or has reasonable cause to suspect-- a that p is making the economic resources so available, and b that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services. 2 paragraph (1) is subject to regulation 9. making economic resources available for the benefit of a designated person 7 1 a person ("p") must not make economic resources available to any person for the benefit of a designated person if p knows, or has reasonable cause to suspect, that p is making the economic resources so available. 2 for the purposes of this regulation-- a economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and b "financial benefit" includes the discharge, in whole or in part, of a financial obligation for which the designated person is wholly or partly responsible. 3 paragraph (1) is subject to regulation 9. credits to a frozen account 8 1 the prohibitions in regulations 4 and 5 are not contravened by a person who credits a frozen account with-- a interest or other earnings due on the account; b payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account; or c payments due under judicial, administrative or arbitral decisions rendered in a member state or enforceable in the uk. 2 the prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account. 3 a relevant institution must inform the treasury without delay if it credits a frozen account in accordance with paragraph (1)(b), (1)(c) or (2). 4 in this regulation, "frozen account" means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person. licences 9 1 the prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the treasury. 2 a licence must specify the acts authorised by it and may be-- a general or granted to a category of persons or to a particular person; b subject to conditions; c of indefinite duration or subject to an expiry date. 3 the treasury may vary or revoke a licence at any time. 4 on the grant, variation or revocation of a licence, the treasury must-- a in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person, b in the case of a general licence or a licence granted to a category of persons, take such steps as the treasury consider appropriate to publicise the grant, variation or revocation of the licence. 5 a person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly-- a provides information that is false in a material respect, or b provides or produces a document that is not what it purports to be. 6 a person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence. part 3 offences contravention and circumvention of prohibitions 10 1 a person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence. 2 a person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly)-- a to circumvent any of the prohibitions in regulations 3 to 7, or b to enable or facilitate the contravention of any such prohibition. officers of a body corporate etc 11 1 where an offence under these regulations committed by a body corporate-- a is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or b is attributable to any neglect on the part of any such person, that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly. 2 in paragraph (1), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. 3 paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference-- a in the case of a partnership, to a partner; b in the case of an unincorporated body other than a partnership-- i where the body's affairs are managed by its members, to a member of the body; ii in any other case, to a member of the governing body. penalties 12 1 a person guilty of an offence under regulation 9 or 10 is liable-- a on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; b on summary conviction-- i to imprisonment for a term not exceeding the relevant maximum; or ii to a fine, which in scotland or northern ireland may not exceed the statutory maximum, or to both. 2 a person guilty of an offence under paragraph 1(5) or paragraph 4(1) of the schedule is liable on summary conviction - a to imprisonment for a term not exceeding the relevant maximum; or b to a fine, which in scotland or northern ireland may not exceed the statutory maximum, or to both. 3 for the purposes of this regulation, "the relevant maximum" is-- a in england and wales, twelve months (or, in relation to offences committed before section 154(1) of the criminal justice act 2003 (general limit on magistrates' court's power to impose imprisonment) comes into force, six months); b in scotland, twelve months; c in northern ireland, six months. proceedings 13 1 proceedings against any person for an offence under these regulations may be taken before the appropriate court in the united kingdom having jurisdiction in the place where that person is for the time being. 2 proceedings against any person for an offence under these regulations which cannot be taken under paragraph (1) above may be taken before any appropriate court in the united kingdom. 3 an offence falling under these regulations which is committed wholly or partly outside the united kingdom may for all incidental purposes be treated as having been committed within the jurisdiction of the court where proceedings are taken. 4 in england and wales any information relating to an offence that is triable by a magistrates' court may be so tried if it is laid-- a at any time within three years after the commission of the offence, and b within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor. 5 in scotland-- a summary proceedings for an offence may be commenced-- i within twelve months after the date on which evidence sufficient in the opinion of the lord advocate to justify the proceedings comes to the knowledge of the lord advocate, and ii not later than three years after the commission of the offence; and b section 136(3) of the criminal procedure (scotland) act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section. 6 in northern ireland summary proceedings for an offence may be instituted-- a at any time within three years after the commission of the offence, and b within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor. 7 for the purposes of this regulation a certificate of the prosecutor (or in scotland, the lord advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence. consent to prosecution 14 1 proceedings for an offence under these regulations (other than for a summary offence) may not be instituted-- a in england and wales, except by or with the consent of the attorney general, b in northern ireland-- i where the offence is committed wholly or partly outside northern ireland, except by or with the consent of the advocate general for northern ireland; ii for all other offences, except by or with the consent of the director of public prosecutions for northern ireland. 2 nothing in paragraph (1) prevents-- a the arrest of a person in respect of an offence under these regulations, or b the remand in custody or on bail of any person charged with such an offence. part 4 miscellaneous information provisions 15 the schedule (information provisions) has effect. notices 16 1 this regulation has effect in relation to any notice to be given to a person by the treasury under regulation 9 (licences). 2 any such notice may be given-- a by posting it to the person's last known address, or b where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned. 3 where the treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity. the crown 17 1 these regulations bind the crown. 2 no contravention by the crown of a provision of these regulations makes the crown criminally liable. 3 the high court or, in scotland, the court of session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the crown that constitutes a contravention of a provision of these regulations. 4 nothing in this regulation affects her majesty in her private capacity. 5 paragraph (4) is to be read as if section 38(3) of the crown proceedings act 1947 (meaning of her majesty in her private capacity) were contained in these regulations. heather wheeler andrew griffiths two of the lords commissioners of her majesty's treasury 14th november 2017

citation, commencement and effect 1 1 these regulations may be cited as the tax credits and guardian's allowance up-rating etc. regulations 2017. 2 these regulations come into force on 6th april 2017 except for regulations 4 and 5 which come into force on 10th april 2017. 3 regulations 2 and 3 have effect in relation to awards of tax credits for the tax year beginning on 6th april 2017 and subsequent tax years. amendment of the working tax credit (entitlement and maximum rate) regulations 2002 2 the table in schedule 2 (maximum rates of the elements of a working tax credit) to the working tax credit (entitlement and maximum rate) regulations 2002 is amended as follows - a in item 2 (disability element), in the second column for "2,970" substitute "3,000"; and b in item 6 (severe disability element), in the second column for "1,275" substitute "1,290". amendment of the child tax credit regulations 2002 3 in regulation 7 (determination of the maximum rate at which a person or persons may be entitled to child tax credit) of the child tax credit regulations 2002 , after paragraph (4) insert - 5 the disability element of child tax credit - a where the child or qualifying young person is disabled, is 3,175; b where the child or qualifying young person is severely disabled, is 4,465. . amendment of schedule 4 to the social security contributions and benefits act 1992 4 in paragraph 5 of part 3 of schedule 4 to the social security contributions and benefits act 1992 (weekly rate of guardian's allowance) for "16.55" substitute "16.70". amendment of schedule 4 to the social security contributions and benefits (northern ireland) act 1992 5 in paragraph 5 of part 3 of schedule 4 to the social security contributions and benefits (northern ireland) act 1992 (weekly rate of guardian's allowance) for "16.55" substitute "16.70". david evennett andrew griffiths two of the lords commissioners of her majesty's treasury at 11.30 on 15th march 2017

citation 1 this order may be cited as the health act 1999 (commencement no. 17) order 2017. appointed day 2 7th august 2017 is the day appointed for the coming into force of the following provisions - a subsection (8) of section 33 (powers relating to voluntary schemes); b section 35 (statutory schemes); c subsection (10) of section 37 (enforcement); d section 38 (controls: supplementary) in so far as it is not already in force. signed by authority of the secretary of state for health. o'shaughnessy parliamentary under-secretary of state, department of health 31st july 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the higher education and research act 2017 (transitory provisions) regulations 2017. 2 these regulations come into force on 1st january 2018. 3 in these regulations, "the act" means the higher education and research act 2017. transitory provision relating to the publication of the regulatory framework 2 until such time as section 5 of the act (the initial and general ongoing registration conditions) comes into force, the references in section 75 (regulatory framework) to the "general ongoing registration conditions" are to be read as references to the conditions which the office for students reasonably expects it will determine to be the general ongoing registration conditions under section 5 of the act. transitory provision relating to the designation of bodies under schedule 4 and schedule 6 to the act 3 1 in the act, the references to "registered higher education providers" in - a schedule 4, in paragraphs 1(3)(a) and (b), 4(3)(a) and (b) and 5(4)(b) and (c), and b schedule 6, in paragraphs 1(3)(a) and (b), 4(3)(a) and (b), 5(4)(b) and (c), are to be read as references to "english higher education providers" during the transitional period. 2 in paragraph (1), the "transitional period" means the period which - a begins with 1st january 2018; and b ends with 31st july 2019. jo johnson minister of state department for education 23rd november 2017

citation and commencement 1 these regulations may be cited as the european union financial sanctions (amendment of information provisions) regulations 2017 and come into force on 8th august 2017. zimbabwe (financial sanctions) regulations 2009 2 1 paragraph 2 of the schedule (information gathering provisions) to the zimbabwe (financial sanctions) regulations 2009 is amended as follows. 2 in sub-paragraphs (1) to (4), after "relevant institution", in each place it occurs, insert "or relevant business or profession". 3 in sub-paragraph (5), after "institution", in each place it occurs, insert "or relevant business or profession". 4 after sub-paragraph (5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . somalia (asset-freezing) regulations 2010 3 1 the schedule (information provisions) to the somalia (asset-freezing) regulations 2010 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . egypt (asset-freezing) regulations 2011 4 1 the schedule (information provisions) to the egypt (asset-freezing) regulations 2011 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . tunisia (asset-freezing) regulations 2011 5 1 the schedule (information provisions) to the tunisia (asset-freezing) regulations 2011 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph (5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . iran (asset-freezing) regulations 2011 6 1 the schedule (information provisions) to the iran (asset-freezing) regulations 2011 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . afghanistan (asset-freezing) regulations 2011 7 1 the schedule (information provisions) to the afghanistan (asset-freezing) regulations 2011 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . isil (da'esh) and al-qaida (asset-freezing) regulations 2011 8 1 schedule 1 (information provisions) to the isil (da'esh) and al-qaida (asset-freezing) regulations 2011 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . syria (european union financial sanctions) regulations 2012 9 1 the schedule (information provisions) to the syria (european union financial sanctions) regulations 2012 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . guinea-bissau (asset-freezing) regulations 2012 10 1 the schedule (information provisions) to the guinea-bissau (asset-freezing) regulations 2012 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . iraq (asset-freezing) regulations 2012 11 1 schedule 1 (information provisions) to the iraq (asset-freezing) regulations 2012 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . republic of guinea (asset-freezing) regulations 2012 12 1 the schedule (information provisions) to the republic of guinea (asset-freezing) regulations 2012 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . democratic republic of the congo (asset-freezing) regulations 2012 13 1 the schedule (information provisions) to the democratic republic of the congo (asset-freezing) regulations 2012 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . eritrea (asset-freezing) regulations 2012 14 1 the schedule (information provisions) to the eritrea (asset-freezing) regulations 2012 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . lebanon and syria (asset-freezing) regulations 2012 15 1 the schedule (information provisions) to the lebanon and syria (asset-freezing) regulations 2012 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . belarus (asset-freezing) regulations 2013 16 1 the schedule (information provisions) to the belarus (asset-freezing) regulations 2013 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . ukraine (european union financial sanctions) regulations 2014 17 1 the schedule (information provisions) to the ukraine (european union financial sanctions) regulations 2014 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "relevant institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . central african republic (european union financial sanctions) regulations 2014 18 1 the schedule (information provisions) to the central african republic (european union financial sanctions) regulations 2014 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . ukraine (european union financial sanctions) (no. 2) regulations 2014 19 1 the schedule (information provisions) to the ukraine (european union financial sanctions) (no. 2) regulations 2014 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . sudan (european union financial sanctions) regulations 2014 20 1 the schedule (information provisions) to the sudan (european union financial sanctions) regulations 2014 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . ukraine (european union financial sanctions) (no. 3) regulations 2014 21 1 the schedule (information provisions) to the ukraine (european union financial sanctions) (no. 3) regulations 2014 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 after paragraph 1(3) insert - 4 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 5 for the purpose of sub-paragraph (4) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 6 in sub-paragraph (5) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . yemen (european union financial sanctions) regulations 2014 22 1 the schedule (information provisions) to the yemen (european union financial sanctions) regulations 2014 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business of profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . south sudan (european union financial sanctions) (no. 2) regulations 2015 23 1 the schedule (information provisions) to the south sudan (european union financial sanctions) (no. 2) regulations 2015 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business of profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business of profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . burundi (european union financial sanctions) regulations 2015 24 1 the schedule (information provisions) to the burundi (european union financial sanctions) regulations 2015 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . iran (european union financial sanctions) regulations 2016 25 1 the schedule (information provisions) to the iran (european union financial sanctions) regulations 2016 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . libya (european union financial sanctions) regulations 2016 26 1 the schedule (information provisions) to the libya (european union financial sanctions) regulations 2016 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . democratic people's republic of korea (european union financial sanctions) regulations 2017 27 1 the schedule (information provisions) to the democratic people's republic of korea (european union financial sanctions) regulations 2017 is amended as follows. 2 in the heading to paragraph 1, at the end, insert "and others". 3 in paragraph 1, after "relevant institution", in each place it occurs, insert "or relevant business or profession". 4 in paragraph 1(3)(b), after "the institution" insert "or relevant business or profession". 5 after paragraph 1(5) insert - 6 in this paragraph, a "relevant business or profession" means - a an auditor; b a casino; c a dealer in precious metals or stones; d an estate agent; e an external accountant; f an independent legal professional; g a tax adviser; and h a trust or company service provider, operating in the united kingdom. 7 for the purpose of sub-paragraph (6) - "auditor" means any firm or sole practitioner who is - a statutory auditor within the meaning of part 42 of the companies act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that act (meaning of statutory auditor); or a local auditor within the meaning of section 4(1) of the local audit and accountability act 2014 (general requirements for audit), when carrying out an audit required by that act; "casino" means the holder of a casino operating licence and, for this purpose, a "casino operating licence" has the meaning given by section 65(2)(a) of the gambling act 2005 (nature of a licence); "dealer in precious metals or stones" means a person engaged in the business of making, supplying, selling (including selling by auction) or exchanging - articles made from gold, silver, platinum or palladium; or precious stones or pearls; "estate agent" means a firm or sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out; "external accountant" means a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services; "independent legal professional" means a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when providing such services; "tax adviser" means a firm or sole practitioner who by way of business provides advice about the tax affairs of other persons, when providing such services; "trust or company service provider" means a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services - forming companies or other legal persons; acting, or arranging for another person to act - as a director or secretary of a company; as a partner of a partnership; or in a similar capacity in relation to other legal persons; providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement; acting, or arranging for another person to act, as - a trustee of an express trust or similar legal arrangement; or a nominee shareholder for a person. 8 in sub-paragraph (7) - a in the definition of "estate agent", "estate agency work" is to be read in accordance with section 1 of the estate agents act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that act) to be taken to include reference to disposing of or acquiring an estate or interest in land outside the united kingdom where that estate or interest is capable of being owned or held as a separate interest; b "firm" means any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association. . exclusions 28 these regulations do not apply to - a the auditor general for scotland; b the auditor general for wales; c the bank of england; d the comptroller and auditor general; e the comptroller and auditor general for northern ireland. mark spencer heather wheeler two of the lords commissioners of her majesty's treasury 17th july 2017

part 1 general citation, extent, application outside great britain and commencement 1 1 these regulations may be cited as the health and safety (miscellaneous amendments and revocation) regulations 2017. 2 these regulations extend to great britain, except for regulation 3 which extends only to northern ireland. 3 the amendments made by these regulations to - a the reporting of injuries, diseases and dangerous occurrences regulations 2013 ("the 2013 regulations "); and b the offshore installations (offshore safety directive) (safety case etc.) regulations 2015 ("the 2015 regulations "), apply outside great britain in the same way that those regulations apply outside great britain by virtue of, respectively, regulation 19 of the 2013 regulations and regulation 4 of the 2015 regulations. 4 these regulations come into force on 6th april 2017. part 2 miscellaneous amendment to primary legislation the natural environment and rural communities act 2006 2 1 the natural environment and rural communities act 2006 is amended as follows. 2 in section 43 (possession of pesticides harmful to wildlife), in subsection (3), for paragraph (d) substitute - d regulation (ec) no 1107/2009 of the european parliament and of the council . . part 3 miscellaneous amendments to secondary legislation the offshore installations (safety zones) regulations 1987 3 1 the offshore installations (safety zones) regulations 1987 are amended as follows. 2 in regulation 2 (prohibition on the entry into or remaining of a vessel in a safety zone: exceptions) - a in paragraph (e) omit "or"; b at the end of paragraph (f) insert "or"; and c at the end insert - g if there is consent from the duty holder (as "duty holder" is defined in regulation 2(1) of the offshore installations (offshore safety directive) (safety case etc.) regulations (northern ireland) 2016) . . 3 after regulation 2 insert - 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 6th april 2022. 3 subsequent reports must be published at intervals not exceeding 5 years 4 section 30(3) of the small business, enterprise and employment act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how article 6(7) of directive 2013/30/eu of the european parliament and of the council of 12th june 2013 on safety of offshore oil and gas operations and amending directive 2004/35/ec is implemented in other member states. 5 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 6 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015. . the reporting of injuries, diseases and dangerous occurrences regulations 2013 4 1 the reporting of injuries, diseases and dangerous occurrences regulations 2013 are amended as follows. 2 in regulation 2(1) (interpretation), at the appropriate place insert - "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 great britain; . 3 in regulation 15 (restriction on parallel requirements), after paragraph (4) insert - 5 where the responsible person is under - a a requirement to make a report under these regulations; and - b either or both - i a requirement to make a report under the eu reporting regulation, other than one that may be satisfied by making a report under these regulations; and ii a requirement to make a report under regulation 9 of the offshore installations and wells (design and construction, etc.) regulations 1996 (reporting of danger to an installation) in respect of an installation in external waters, only one report is required if the conditions in paragraph (6) are met. 6 the conditions referred to in paragraph (5) are - a the facts giving rise to each requirement are identical; b the facts occur on or after 6th april 2017; c the information required to be provided by each requirement is provided; and d the report is made within 10 working days. 7 in paragraph (5), "eu reporting regulation" means commission implementing regulation (eu) no 1112/2014 of 13 october 2014 determining a common format for sharing of information on major hazard indicators by the operators and owners of offshore oil and gas installations and a common format for the publication of the information on major hazard indicators by the member states. . 4 in paragraph 1(4) of schedule 1, omit paragraph (a). the control of major accident hazards regulations 2015 5 1 the control of major accident hazards regulations 2015 are amended as follows. 2 in regulation 2 (interpretation), in paragraph (1) - a in the definition of "the directive", for " 96/98/ ec " substitute " 96/82/ec "; b omit the definition of "pipelines"; c for the definition of "storage" substitute - "storage" includes warehousing, depositing in safe custody or keeping in stock; . 3 in regulation 3 (application and exceptions), in paragraph (2) after sub-paragraph (c) insert - ca the transport of dangerous substances in pipelines, including associated apparatus, except where that activity takes place at a site which is an establishment despite that activity; cb the transport of dangerous substances and directly related intermediate temporary storage by road, rail, internal waterways, sea or air, including loading and unloading and transport to and from another means of transport at docks, wharves or marshalling yards, except where that activity takes place at a site which is an establishment despite that activity; . the offshore installations (offshore safety directive) (safety case etc.) regulations 2015 6 1 the offshore installations (offshore safety directive) (safety case etc.) regulations 2015 are amended as follows. 2 in regulation 2(4) (construction of the expression "combined operation") - a for "another installation or installations" substitute "another such installation or other such installations"; and b in paragraph (a), for "another" substitute "the other". the dangerous goods in harbour areas regulations 2016 7 in the dangerous goods in harbour areas regulations 2016 , for regulation 5(1) substitute - 5 1 these regulations apply to - a every harbour area in great britain; b premises or activities in any part of a harbour area in the territorial sea adjacent to great britain to which sections 1 to 59 and 80 to 82 of the health and safety at work etc. act 1974 apply under articles 6 (but only to the extent it relates to monobuoys) and 11 of the health and safety at work etc. act (application outside great britain) order 2013 but not, except as provided in regulation 14, elsewhere. . part 4 revocation of the health and safety (miscellaneous amendments) regulations 2017 revocation 8 the health and safety (miscellaneous amendments) regulations 2017 are revoked. signed by authority of the secretary of state for work and pensions penny mordaunt minister of state, department for work and pensions 8th march 2017

part 1 introductory citation and commencement 1 this order may be cited as the combined authorities (finance) order 2017 and comes into force on the day after the date on which it is made. interpretation 2 in this order - "the 1992 act " means the local government finance act 1992 ; "the 2009 act" means the local democracy, economic development and construction act 2009; "mayoral functions" in relation to a mayor, means - the mayor's general functions ; and if the mayor exercises pcc functions, the mayor's pcc functions; "the relevant amounts and calculations" means, in respect of the mayor's general functions - estimates of the amounts to be aggregated in making a calculation (whether originally or by way of substitute) in accordance with any of sections 42a, 42b, 47 to 49 and 52zj of the 1992 act (calculation of council tax requirements etc. ); estimates of other amounts to be used for the purposes of such a calculation; estimates of such a calculation; or amounts required to be stated in a precept under chapter 4 of part 1 of the 1992 act (precepts). part 2 mayoral combined authorities: precepts costs of mayor to be met from precepts 3 1 the costs of a mayor for the area of a combined authority that are incurred in, or in connection with, the exercise of mayoral functions are to be met from precepts issued by the authority under section 40 of the 1992 act (issue of precepts by major precepting authorities) . 2 paragraph (1) has effect subject to - a the transitional provisions in part 5; and b any contrary provision made in an order under part 6 of the 2009 act (economic prosperity boards and combined authorities). power to issue precept: supplementary provision in respect of pcc functions 4 1 this article applies where a mayor exercises pcc functions. 2 the following provisions are modified in accordance with the schedule to this order - a chapter 4 and 4za of part 1 of the 1992 act (precepts and referendums relating to council tax increases) ; b the council tax (demand notices) (england) regulations 2011 ; c the local authorities (conduct of referendums) (council tax increases) (england) regulations 2012 . 3 any monies paid to the mayor by a billing authority in respect of the pcc component of a precept issued to the billing authority must be paid by the mayor into the police fund kept by the mayor by virtue of section 21 of the police reform and social responsibility act 2011 . 4 in paragraph (3) "pcc component of a precept" means the amounts stated in a precept in respect of the mayor's pcc functions in accordance with section 40 of the 1992 act as modified by the schedule to this order. part 3 setting of a combined authority's budget: mayor's general functions mayor to notify combined authority of proposed budget: general component 5 1 the mayor must, before 1st february in any financial year, notify the combined authority of the mayor's draft budget in relation to the following financial year. 2 the draft budget must - a set out the mayor's spending plans and how the mayor intends to meet the costs of the mayor's general functions; and b include the relevant amounts and calculations. 3 in this part references to "the combined authority" are, except in article 8(7) and (8), to be construed as references to members of the authority other than the mayor. combined authority to review budget 6 1 the combined authority must review the mayor's draft budget notified to it under article 5. 2 the combined authority may make a report to the mayor on the draft budget. 3 any report - a must set out whether or not the combined authority would approve the draft budget in its current form; and b may include recommendations, including recommendations as to the relevant amounts and calculations that should be used for the financial year. 4 the mayor's draft budget shall be deemed to be approved by the combined authority unless the authority makes a report under paragraph (2) to the mayor before 8th february. mayor's consideration of report 7 where the combined authority makes a report under article 6, it must specify a period of at least five working days beginning on the day after the day on which the mayor receives the report within which the mayor may - a decide whether or not to make any revisions to the draft budget; and b notify the combined authority of the reasons for that decision and, where revisions are made, the revised draft budget. combined authority's decision on budget 8 1 when any period specified under article 7 by the combined authority has expired the authority must determine whether to - a approve the mayor's draft budget (or revised draft budget, as the case may be); or b veto the draft budget (or revised draft budget) and approve the mayor's draft budget incorporating the combined authority's recommendations contained in the report to the mayor under article 6. 2 the mayor's draft budget (or revised draft budget) shall be deemed to be approved unless vetoed within the relevant period in accordance with this article. 3 in making a decision on a question under paragraph (1) the combined authority must take into account the reasons given by the mayor under article 7. 4 any decision to veto the mayor's draft budget (or draft revised budget) and approve the mayor's draft budget incorporating the combined authority's recommendations contained in the report to the mayor under article 6 must be decided by a two thirds majority of the members, or substitute members acting in their place, of the combined authority present and voting on the question at a meeting of the authority. 5 in paragraph (2) "relevant period" means the period of five working days beginning with the day after the date on which the period specified under article 7 expires. 6 paragraph (7) applies in a case where the mayor has failed, in accordance with article 5(1), to notify the combined authority of the mayor's draft budget before 1st february. 7 where this paragraph applies, the combined authority must determine the relevant amounts and calculations that are to be used for the financial year. 8 any decision under paragraph (7) must be decided by a two thirds majority of the members, or substitute members acting in their place, of the combined authority present and voting on the question at a meeting of the authority. 9 paragraphs (4) and (8) have effect subject to - a paragraphs (10) and (11); and b any provision to the contrary in an order made under part 6 of the 2009 act. 10 in paragraphs (4) and (8) "member" and "substitute member" does not include any person who is not a member of a constituent council. 11 in relation to the tees valley combined authority , the reference in paragraphs (4) and (8) to a two thirds majority is to be read as a reference to a three fifths majority. calculations and amounts to be used in setting precept 9 1 the relevant amounts and calculations which are approved by the combined authority in accordance with article 8 shall be used in making a calculation (whether originally or by way of substitute) - a under the provisions of the 1992 act mentioned in paragraph (2); and b in calculating the amounts to be stated in a precept under chapter 4 of part 1 of the 1992 act (precepts). 2 the provisions are - a section 42a (calculation of council tax requirement by authorities in england); b section 42b (calculation of basic amount of tax by authorities in england); c sections 47 to 49 (calculation of tax for different valuation bands; calculation of amount payable by each billing authority; substitute calculations); and d section 52zj (major precepting authority's duty to make substitute calculations). transparency of budget decision 10 immediately after any vote is taken at a meeting to consider a question under article 8, there must be recorded in the minutes of the proceedings of that meeting the names of the persons who cast a vote for the decision or against the decision or who abstained from voting. part 4 funds mayor's general fund 11 1 the mayor must keep a fund (to be known as the mayor's general fund) in relation to receipts arising, and liabilities incurred, in the exercise of the mayor's general functions. 2 all of the mayor's receipts in respect of the exercise of the mayor's general functions must be paid into the mayor's general fund. 3 all of the mayor's expenditure in respect of the exercise of the mayor's general functions must be paid out of the mayor's general fund. 4 the mayor must keep accounts of payments made into or out of the mayor's general fund. part 5 transitional provisions disapplication of power to issue precepts for the financial year 2017/2018 and subsequent years in certain cases 12 1 subject to article 13, the costs of a mayor for the area of a combined authority that are incurred in, or in connection with, the exercise of mayoral functions in the financial year commencing on 1st april 2017 are not to be met from precepts issued by the authority under section 40 of the 1992 act (issue of precepts by major precepting authorities). 2 the costs of a mayor for the area of a combined authority that are incurred in, or in connection with, the exercise of mayoral functions in a financial year commencing on or after 1st april 2018 ("the relevant year") are not to be met from precepts issued by the authority under section 40 of the 1992 act if the first election of a mayor for the area of the combined authority occurs during the relevant year. 3 the costs of a mayor for the area of a combined authority that are incurred in, or in connection with, the exercise of mayoral functions in the financial year that immediately follows the relevant year are not to be met from precepts issued by the authority under section 40 of the 1992 act if the first election of a mayor for the area of the combined authority occurs after 23rd january in the relevant year. transitional provision relating to the greater manchester combined authority 13 1 this article applies in relation to - a the greater manchester combined authority ; b a billing authority whose area is within the area of the greater manchester combined authority; and c the financial year commencing on 1st april 2017 ("the relevant year"). 2 the costs of the mayor that are incurred in, or in connection with, the exercise of mayoral functions in the relevant year shall be met - a in the case of the mayor's pcc functions, from precepts issued by the police and crime commissioner for greater manchester under section 40 of the 1992 act (issue of precepts by major precepting authorities); and b in the case of the mayor's fire and rescue functions, from precepts issued by the greater manchester fire and rescue authority under section 40 of that act. 3 a billing authority that has been issued with a precept by the police and crime commissioner for greater manchester in respect of the relevant year must, on and after 8th may 2017, pay to the mayor out of its collection fund the amounts owing in respect of that precept in accordance with the local authorities (funds) (england) regulations 1992 . 4 a billing authority that has been issued with a precept by the greater manchester fire and rescue authority in respect of the relevant year must, on and after 8th may 2017, pay to the combined authority out of its collection fund the amounts owing in respect of that precept in accordance with the local authorities (funds) (england) regulations 1992. 5 a billing authority that is required to make payments out of its collection fund to the greater manchester fire and rescue authority in respect of the relevant year must, on and after 8th may 2017 pay those amounts to the combined authority in accordance with the non-domestic rating (rates retention) regulations 2013 . 6 in paragraph (2)(b), "fire and rescue functions" means the functions conferred on the combined authority as a fire and rescue authority and exercisable by the mayor in accordance with an order under sections 105a (other public authority functions) and 107d (functions of mayors: general) of the 2009 act. 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 26th april 2017

citation and commencement 1 1 this order may be cited as the scottish fiscal commission act 2016 (consequential provisions and modifications) order 2017. 2 this order comes into force on the same day as section 1 (establishment of the scottish fiscal commission) of the scottish fiscal commission act 2016 comes into force. status of the scottish fiscal commission as part of the scottish administration 2 the scottish fiscal commission is part of the scottish administration. construction of references to an office-holder in the scottish administration 3 1 unless the context otherwise requires, references in the scotland act 1998 and any other enactment (except the crown suits (scotland) act 1857 ) to an office-holder in the scottish administration are to be taken to include a reference to the scottish fiscal commission. 2 paragraph (1) applies whether or not the enactment defines the expression "office-holder in the scottish administration" by reference to the scotland act 1998 or any specific provision of that act. office for budget responsibility: duty to co-operate 4 after section 7 of the budget responsibility and national audit act 2011 , insert - duty to co-operate with the scottish fiscal commission 7a the office must, so far as necessary for the performance of the scottish fiscal commission's functions, co-operate with the commission. . house of commons disqualification act 1975 5 in part 2 of schedule 1 to the house of commons disqualification act 1975 (bodies of which all members are disqualified), insert the following entry at the appropriate place - the scottish fiscal commission . david mundell secretary of state scotland office dover house london 28th february 2017

part 1 preliminary citation and commencement 1 this order may be cited as the boston barrier order 2017 and comes into force on 2nd january 2018. interpretation 2 1 in this order - "the 1961 act " means the land compensation act 1961 ; "the 1965 act " means the compulsory purchase act 1965 ; "the 1980 act " means the highways act 1980 ; "the 1984 act " means the road traffic regulation act 1984 ; "the 1990 act " means the town and country planning act 1990 ; "the 1991 act " means the new roads and street works act 1991 ; "address" includes any number or address used for the purposes of electronic transmission; " the agency " means the environment agency; "the authorised works" means the scheduled works and any other works or operations authorised by this order, or any part of them; "the barrier" means the barrier comprised in work no.1; "the black sluice complex " means the existing complex known locally by that name and located at london road, boston; "the book of reference" means the book of reference certified by the secretary of state as the book of reference for the purposes of this order; "building" includes any structure or erection or any part of a building, structure or erection; "carriageway" has the same meaning as in the 1980 act; "electronic transmission" means a communication transmitted - by means of an electronic communications network; or by other means but while in electronic form; "enactment" means any enactment, whether public, general or local and includes any order, byelaw, rule, regulation, direction, scheme or other instrument having effect by virtue of an enactment; "flood gates" means the flood gates comprised in work nos. 3a, 4a and 4b; "footway" has the same meaning as in the 1980 act; "harbour authority" has the same meaning as in the harbours act 1964 ; "the harbour authority " means port of boston limited (registered company number 02198182) being the harbour authority for the port of boston , and includes its harbour master and statutory successors; "highway" and "highway authority" have the same meanings as in the 1980 act; "internal drainage board" has the same meaning as in part 1 of the land drainage act 1991 ; "the land plans" means the land plans included within the order plans and certified by the secretary of state as the land plans for the purposes of this order; "the level of high water" means the level of mean high water springs; "the limits of deviation" means the limits of lateral deviation for the scheduled works referred to in article 5 (power to deviate); "the limits of land for protective works" means the limits so shown and described on the land plans; "the limits of land to be used only temporarily" means the limits so shown and described on the land plans; "local authority" has the same meaning as in part 1 of the local government act 2000 ; "maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and "maintenance" is to be construed accordingly; "the maud foster sluice " means the existing grade ii listed sluice known by that name and located at windsor bank, boston; " order limits " means the limits of deviation, the limits of land for protective works and the limits of land to be used only temporarily; "order plans" means the plans certified by the secretary of state as the order plans for the purposes of this order; "owner", in relation to land, has the same meaning as in the acquisition of land act 1981 ; "port of boston" means the harbour undertaking of port of boston limited vested in it by the boston harbour revision order 1989 ; "the public rights of way plan" means the public rights of way plan included within the order plans and certified by the secretary of state as the public rights of way plan for the purposes of this order; " the river " means the river witham, also known (downstream of the existing sluice known locally as grand sluice and located at fydell street, boston) as the haven or the boston haven; "the river area " means so much of the river as lies within the order limits; "the scheduled works" means the works specified in schedule 1 (scheduled works) or any part of them; "the sections" means the sections included within the order plans; "sewerage undertaker" has the same meaning as in part 1 of the water industry act 1991 ; "street" includes part of a street; "street authority", in relation to a street, has the same meaning as in part 3 of the 1991 act; "tidal work" means so much of any work authorised by this order as is in, on, under or over tidal waters or tidal lands below the level of high water; " the tribunal " means the lands chamber of the upper tribunal; " trinity house " means the corporation of trinity house of deptford strond; " vessel " means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the hovercraft act 1968 ; " watercourse " includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer or drain; "the wet dock " means the existing wet dock located within the port of boston; and "the works plan" means the works plan included within the order plans and certified by the secretary of state as the works plan for the purpose of this order. 2 references in this order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land. 3 any reference in this order to a work identified by a number of the work is a reference to the work of that number referred to in schedule 1 (scheduled works). 4 references in this order to numbered plots are references to plot numbers shown on the order plans. 5 references in this order to reference points are construed as references to ordnance survey national grid reference points. 6 references in this order to points identified by letters, or letters and numbers, are to be construed as references to points on the order plans. 7 all distances, directions, lengths, points and areas stated in the description of the scheduled works or in any description of powers or lands are approximate and distances between points on a scheduled work are to be taken to be measured along the scheduled work. application of 1991 act 3 1 works executed under this order in relation to a highway which consists of or includes a carriageway must be treated for the purposes of part 3 (street works in england and wales) of the 1991 act as major transport works if - a they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that act; or b they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the 1980 act or section 184 (vehicle crossings) of that act. 2 in part 3 of the 1991 act references, in relation to major highway works, to the highway authority concerned must, in relation to works which are major transport works by virtue of paragraph (1), be construed as references to the agency. 3 the following provisions of the 1991 act do not apply in relation to any works executed under the powers conferred by this order - section 56 (directions as to timing) ; section 56a (power to give directions as to placing of apparatus) ; section 58 (restrictions following substantial road works) ; section 58a (restriction on works following substantial street works) ; section 73a (power to require undertaker to re-surface street); section 73b (power to specify timing etc. of re-surfacing); section 73c (materials, workmanship and standard of re-surfacing); section 78a (contributions to costs of re-surfacing by undertaker); and schedule 3a (restriction on works following substantial street works) . 4 the provisions of the 1991 act mentioned in paragraph (5) which, together with other provisions of that act, apply in relation to the execution of street works and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the agency under the powers conferred by article 12 (temporary stopping up and diversion of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that act. 5 the provisions of the 1991 act referred to in paragraph (4) are - section 54 (advance notice of certain works) subject to paragraph (6); section 55 (notice of starting date of works) subject to paragraph (6); section 57 (notice of emergency works) ; section 59 (general duty of street authority to co-ordinate works) ; section 60 (general duty of undertakers to co-operate); section 68 (facilities to be afforded to street authority); section 69 (works likely to affect other apparatus in the street); section 76 (liability for cost of temporary traffic regulation); section 77 (liability for cost of use of alternative route), and all such other provisions as apply for the purposes of the provisions mentioned above. 6 sections 54 and 55 of the 1991 act as applied by paragraph (4) have effect as if references in section 57 of that act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency. 7 part 3 (permit schemes) of the traffic management act 2004 and any permit scheme made under that part do not apply in relation to any works executed under this order. part 2 works provisions principal powers power to construct and maintain works 4 1 the agency may - a construct and maintain the scheduled works; and b break out and remove such structures that are contained within the limits of deviation as may be necessary or expedient for or in connection with the construction or maintenance of the scheduled works. 2 subject to article 5 (power to deviate), the scheduled works may only be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections. 3 subject to paragraph (6), the agency may carry out and maintain such of the following works as may be necessary or expedient for the purpose of, or for purposes ancillary, to the construction of the scheduled works, namely - a works to erect and construct such offices and other buildings, yards, machinery, plant, apparatus, and other works, and conveniences as the agency thinks fit; b works to construct, provide and maintain all such embankments, retaining walls, fencing, shafts, drainage works, culverts and other works as may be necessary or convenient; c works for the strengthening, improvement, maintenance or reconstruction of any street; d works for the strengthening, alteration or demolition, in whole or in part, of any building; e works to remove or alter the position of any street furniture or apparatus, including mains, sewers, drains, pipes, cables and lights; f works to alter the course of, or otherwise interfere with, watercourses; g means of access, including footpaths; h the felling of trees; i earthworks required for the carrying out of the authorised works; j landscaping, ecological and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and k replacement facilities and works for the benefit or protection of land or premises affected by the authorised works. 4 subject to paragraph (6) the agency may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works. 5 the agency may remove any works constructed by it under this order which have been constructed as temporary works or which it no longer requires. 6 paragraphs (3) and (4) only authorise the carrying out or maintenance of works - a within the order limits; or b within the boundaries of any street abutting the order limits or which has a junction with such a street. 7 the powers conferred by this article may not be exercised within the boundaries of a street outside of the order limits without the consent of the street authority, such consent not to be unreasonably withheld or delayed. 8 where the agency lays down conduits for the accommodation of cables or other apparatus for the purposes of or associated with the authorised works it may provide in, or in connection with, such conduits, accommodation for the apparatus of any other person, and manholes and other facilities for access to such accommodation, and may permit the use of such conduits and facilities on such terms and conditions as may be agreed between it and such other person. 9 the authorised works may be constructed and maintained under the powers of this article regardless of anything contained in or done pursuant to part 1 of, or schedule 2 to, the commons act 2006 . power to deviate 5 1 subject to paragraph (3), in constructing or maintaining any of the scheduled works, the agency may deviate - a laterally from the lines or situations shown on the works plan to any extent within the limits of deviation; and b vertically from the levels shown on the sections to any extent upwards or downwards. 2 without limiting the scope of paragraph (1), in constructing or maintaining the scheduled works the agency may, within the limits mentioned in paragraph (1) - a deviate from their points of commencement and termination as shown on the order plans; and b deviate from the design shown on the order plans. 3 the scheduled works must be constructed so that the unobstructed opening between the walls of the barrier, as shown on the order plans, measures 25 metres wide. 4 nothing in paragraphs (3) or (4) of article 4 (power to construct and maintain works) authorises the agency to execute any works in contravention of the restrictions imposed by paragraph (3). works and operations in the river power to dredge etc. 6 1 the agency may deepen, dredge and remove obstructions from the bed, foreshore and banks of, the river - a for the purposes of the construction, operation or maintenance of the scheduled works and any other ancillary purposes; or b for the purpose of facilitating the navigation of vessels . 2 the powers conferred by this article are only exercisable with the prior written consent of the harbour authority, such consent not to be unreasonably delayed or withheld. 3 the agency must pay compensation to all persons for any damage sustained by them by reason of the exercise by the agency of its powers under paragraph (1) and the amount of the compensation to be paid, where not agreed, is to be determined by the tribunal. 4 the agency may use, appropriate or sell or otherwise dispose of anything (other than wreck within the meaning of part 9 of the merchant shipping act 1995 ) removed in exercise of the powers conferred in paragraph (1). works and dredging etc. in the river 7 1 without affecting the other powers conferred by this order or otherwise available to it, the agency may within the river area for the purposes of or in connection with the construction, maintenance or operation of the authorised works and despite any interference with any public or private rights - a alter, clean, dismantle, refurbish, remove, relocate or replace any work or structure; b carry out excavations and clearance, dredging, deepening, scouring, cleansing, dumping and pumping operations; c use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the merchant shipping act 1995) obtained by it in carrying out any such operations; d remove or relocate any mooring; e direct the owner or master of any vessel or structure sunk, stranded or abandoned or moored or left (whether lawfully or not) to remove or relocate it and, if there be no person aboard any such vessel or structure to attend to such direction, to do so itself; f temporarily moor or anchor vessels and structures and load and unload into and from such vessels or structures equipment, machinery, soil and any other materials in connection with the construction of the authorised works; g temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river; and h construct, place and maintain works and structures including piled fenders and protection piles, in such manner and to such extent as may appear to it to be necessary or convenient. 2 except in the case of an emergency, the agency will use its reasonable endeavours to notify the owner of any mooring and the owner or master of any vessel or structure affected by the proposal to exercise the powers conferred by paragraph (1)(d) or (e) before the exercise of that power. 3 all expenses incurred by the agency in removing or relocating a vessel or structure under paragraph (1)(e) are to be paid to the agency by the owner or master of the vessel or structure. 4 a person may not without the consent in writing of the agency (which may be given subject to conditions) - a use, for the purpose of landing or embarking persons or landing or loading goods from or into any vessel, any work constructed or used in connection with the authorised works; or b remove, move or otherwise interfere with any work, machinery, apparatus, tools or other things in use or intended for use in constructing the authorised works. 5 a person who without reasonable excuse contravenes paragraph (4), or fails to comply with any conditions attached to a consent given by the agency under that paragraph, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 6 the power to dredge conferred by paragraph (1)(b) includes the power to carry out such additional dredging as may be required to provide side slopes or otherwise secure the dredged area against siltation, scouring or collapse. river not to be a reservoir 8 regardless of the provisions of section a1 of the reservoirs act 1975 , no part of the river as is impounded by the scheduled works is, by virtue of the retention of water by means of the scheduled works, to be taken to be a reservoir for the purposes of that act. streets and rights of way power to execute street works 9 the agency may, for the purposes of and to the extent necessary for the construction of the authorised works, enter upon so much of any existing path or street as is within the order limits and any street abutting the order limits or which has a junction with such a street and may break up or open the path or street, or any sewer, drain, or tunnel under it, or tunnel or bore under the path or street. power to keep apparatus in streets 10 1 the agency may, for the purposes of the construction, maintenance or alteration of the authorised works, alter, move, remove, place and maintain in any street within the order limits any work, equipment or apparatus including foundations, road islands, substations, electric lines and any electrical or other apparatus. 2 in this article - a "apparatus" has the same meaning as in part 3 of the 1991 act; b "electric line" has the meaning given by section 64(1) (interpretation etc. of part 1) of the electricity act 1989 ; and c the reference to any work, equipment or apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street. power to alter layout, etc., of streets 11 1 the agency may for the purposes of the authorised works alter the layout of or carry out any ancillary works in any street within the order limits and the layout of any street abutting the order limits or which has a junction with such a street and without limitation on the scope of this power the agency may - a increase the width of the carriageway of the street by reducing the width of any kerb, footway, cycle track or verge within the street; b alter the level or increase the width of any such kerb, footway, cycle track or verge; c reduce the width of the carriageway of the street; d carry out works for the provision, removal, suspension or alteration of parking places, loading bays, bus lanes, bus stop clearway and bus laybys; and e execute any works to provide or improve sight lines required by the highway authority. 2 the powers conferred by paragraph (1) in relation to any street abutting the order limits or which has a junction with such a street must not be exercised without the consent of the street authority, but such consent must not be unreasonably withheld. 3 if a street authority which receives an application for consent under paragraph (2) fails to notify the agency of its decision before the end of the period of 28 days beginning with the date on which the application was made, that authority is deemed to have granted consent. temporary stopping up and diversion of streets 12 1 the agency may, during and for the purposes of the execution of the authorised works, temporarily stop up, alter or divert any street and may for any reasonable time - a divert the traffic from the street; and b subject to paragraph (2), prevent all persons from passing along the street. 2 without limitation on the scope of paragraph (1), the agency may use any street stopped up under the powers conferred by this article within the order limits as a temporary working site. 3 the agency must provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access. 4 without limitation on the scope of paragraph (1), the agency may exercise the powers conferred by this article in relation to the streets specified in columns (1) and (2) of schedule 2 (streets to be temporarily stopped up) to the extent specified in column (3) of that schedule. 5 the agency must not exercise the powers conferred by this article - a in relation to any street specified in schedule 2 (streets to be temporarily stopped up) without first consulting the street authority; and b in relation to any other street, without the consent of the street authority, which may attach reasonable conditions to any consent, but such consent must not be unreasonably withheld. 6 any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 7 if a street authority which receives an application for consent under paragraph (5)(b) fails to notify the agency of its decision before the end of the period of 28 days beginning with the date on which the application was made, that authority is deemed to have granted consent. access to works 13 1 the agency may, for the purposes of the authorised works - a form and lay out means of access, or alter or improve existing means of access, in the locations marked with an 'a' on the order plans; and b form and lay out such other means of access or alter or improve existing means of access at such locations within the order limits as the agency reasonably requires for the purposes of the authorised works, as may be approved by the highway authority, but such approval must not be unreasonably withheld. 2 if a highway authority which receives an application for approval under paragraph (1)(b) fails to notify the agency of its decision before the end of the period of 28 days beginning with the date on which the application was made, that authority is deemed to have granted approval. agreements with street authorities 14 1 a street authority and the agency may enter into agreements with respect to - a the strengthening or improvement of any street under the powers conferred by this order; b the maintenance of any street or of the structure of any bridge or tunnel carrying a street over or under the authorised railway; c any stopping up, alteration or diversion of a street under the powers conferred by this order; or d the execution in the street of any of the works referred to in article 9 (power to execute street works). 2 such an agreement may, without limitation on the scope of paragraph (1) - a provide for the street authority to carry out any function under this order which relates to the street in question; and b contain such terms as to payment and such other matters as the parties consider appropriate. use of private roads for construction 15 1 the agency may use any private road within the order limits or any private road abutting the order limits which has a junction with such a road for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised works. 2 the agency must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1). 3 any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined under part 1 of the 1961 act. supplementary powers and provisions agreements with owners of land and others for construction of works 16 1 the agency may enter into and carry into effect agreements or arrangements with the harbour authority and the owners of, or other persons interested in, any land in or through which any of the authorised works are or may be constructed, or the drainage of which may be affected by the construction of any of the authorised works, for or with respect to the doing of anything which may be necessary in order to carry out, or in consequence of, the authorised works. 2 without limitation on the scope of paragraph (1), any such agreement may provide for - a the payment by the agency of, or the making of contributions by it towards, the cost incurred, or to be incurred, by the harbour authority and any such owners or other persons in or in connection with the doing of any such thing; or b the payment by the agency of compensation for any injury suffered or loss incurred by the harbour authority and any such owners or other persons by reason or in consequence of the execution by the agency of the authorised works, or entry upon land. temporary closing of river in connection with works 17 1 regardless of anything in any other enactment or in any rule of law, the agency may temporarily close the river or any part of it within the limits of deviation, to navigation during or for the purposes of executing any works or doing anything authorised by or under this order. 2 in exercising the powers conferred by this article, the agency must seek to minimise interference with navigation on the river so far as is reasonably practicable and consistent with the efficient and economical execution of the works. 3 the agency must not exercise the powers conferred by paragraph (1) so as - a to preclude access from the river to the wet dock; or b to close all or part of the river in connection with an activity referred to in paragraph (4) for a period longer than that specified in that paragraph, without the consent of the harbour authority (such consent not to be unreasonably withheld or delayed) and must in any event, unless the harbour authority agrees otherwise, give the harbour authority not less than 7 days' advance notice of any closure provided always that nothing in this paragraph affects the agency's exercise of its powers under article 44 (power to operate scheduled works). 4 the periods specified for the purposes of paragraph (3) are - a in connection with constructing works, a maximum period in respect of any one closure of 2 days; b in connection with maintaining works, one period of up to 12 hours within any one month. 5 subject to paragraph 11 of schedule 8 (protection of port of boston) neither the agency nor the harbour authority is to be liable for any costs, damages or expenses whatsoever incurred by any person as a result, directly or indirectly, of any closure of the river under paragraph (1). diversion of flow of water 18 the agency may by means of the authorised works divert, intercept, stop up or otherwise interfere with the waters of, or the flow of water in, the river. power to take, pump, impound and discharge water 19 1 the agency may take, impound and use water from, and discharge water into, the river, and may pump any water required by it from or into the river or pump any water found by it into the river or into any watercourse, public sewer, or drain in connection with the construction or maintenance of the authorised works and for those purposes may lay down, take up and alter conduits, pipes and other works and conveniences and may, on any land within the limits of deviation, make openings into, and connections with, the river, or any watercourse, public sewer or drain. 2 any dispute arising from the exercise of the powers conferred by paragraph (1) to connect to or use a public sewer or drain is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the water industry act 1991 . 3 the agency must not, in exercise of the powers conferred by this article - a discharge any water into any public sewer or drain except with the consent (which is not to be unreasonably withheld) of the person to whom it belongs and subject to such terms and conditions as that person may reasonably impose; and b make any opening into any public sewer or drain except in accordance with plans reasonably approved by and under the superintendence (if provided) of the person to whom the sewer or drain belongs. 4 nothing in this article obviates any requirement for an environmental permit under regulation 12(1)(b) of the environmental permitting (england and wales) regulations 2016 . 5 the agency must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain in exercise of the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension. 6 if a person who receives an application for consent or approval fails to notify the agency of a decision within 28 days of receiving the application for consent under sub-paragraph (3)(a) or approval under sub-paragraph (3)(b) then that person is deemed to have granted consent or approval, as the case may be. 7 in this article "public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the agency, a harbour authority, an internal drainage board, a local authority, or a joint planning board. 8 in this article, other than references to "public sewer or drain" or "watercourse", expressions used both in this article and in the water resources act 1991 have the same meaning as in that act. water abstraction and impounding 20 1 the restriction imposed by section 24(1) (restrictions on abstraction) of the water resources act 1991 does not apply in relation to the abstraction of water for the purposes of, or in connection with, the construction of the authorised works. 2 section 25 (restrictions on impounding) of the water resources act 1991 does not apply in relation to anything done in the exercise of the powers conferred by this order with respect to the authorised works. 3 section 48a(1) (civil remedies for loss or damage due to water abstraction) of the water resources act 1991 does not apply in relation to the abstraction of water in connection with the exercise of the powers conferred by this order. 4 where - a the agency causes loss or damage to another person by the abstraction of water in connection with the exercise of the powers conferred by this order; and b the circumstances are such that causing the loss or damage would have constituted breach of the duty under section 48a(1) of the water resources act 1991, but for paragraph (3), the agency must compensate the other person for the loss or damage. 5 compensation under paragraph (4) is to be assessed on the same basis as damages for the breach of the duty under section 48a(1) of the water resources act 1991. 6 section 48a(5) of the water resources act 1991 (prohibition of claims in respect of loss or damage caused by abstraction of water which are not claims under that section) has no application to claims under this article. 7 in this article, "abstraction" has the same meaning as in the water resources act 1991. protective works 21 1 subject to the following provisions of this article, the agency may at its own expense, and from time to time carry out such protective works to any building lying within the order limits as the agency considers to be necessary or expedient. 2 protective works may be carried out - a at any time before or during the construction in the vicinity of the building of any part of the authorised works; or b after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use. 3 for the purposes of determining how the functions under this article are to be exercised the agency may (subject to paragraph (5)) enter and survey any building falling within paragraph (1) and any land within its curtilage and place on, leave on and remove from the land monitoring apparatus. 4 for the purposes of carrying out protective works under this article to a building the agency may (subject to paragraphs (5) and (6)) with all necessary plant and equipment - a enter the building and any land within its curtilage; and b where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land, and in either case the agency may take exclusive possession of the building and land if this is reasonably required for the purpose of carrying out the protective works. 5 before exercising - a a right under paragraph (1) to carry out protective works to a building; b a right under paragraph (3) to enter a building; c a right under paragraph (4)(a) to enter and take possession of a building or land; or d a right under paragraph (4)(b) to enter and take possession of land, the agency must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out. 6 where notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question as to whether it is necessary or expedient to carry out the protective works or to enter and take possession of the building or land to be referred to arbitration under article 67 (arbitration). 7 the agency must compensate the owners and occupiers of any building or land in relation to which the powers conferred by this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers. 8 where - a protective works are carried out under this article to a building; and b within the period of 5 years beginning with the latter of - i the day on which those parts of the authorised works constructed within the vicinity of the building first open for use; or ii the day on which completion of the protective works takes place, it appears that the protective works are inadequate to protect the building against damage caused by the construction or operation of that part of the works, the agency must compensate the owners and occupiers of the building for any damage sustained by them. 9 without affecting article 68 (no double recovery), nothing in this article relieves the agency from any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 act. 10 any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under part 1 of the 1961 act. 11 in this article - a "building" includes any walls comprised within the wet dock; and b "protective works", in relation to a building, means - i underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works; ii any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works; and iii any works the purpose of which is to secure the safe operation of the authorised works or to prevent or minimise the risk of such operation being disrupted. planning permission 22 any planning permission which is deemed by a direction given under section 90(2a) (development with government authorisation) of the 1990 act to be granted in relation to the authorised works is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land) of that act. power to survey and investigate land, etc. 23 1 the agency may for the purposes of this order and in respect of land lying within the order limits - a survey or investigate any such land; b without limitation on the scope of sub-paragraph (a), make trial holes in such positions as the agency thinks fit on such land to investigate the nature of the surface layer and subsoil and remove soil samples; c without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land; d take steps to protect or remove any flora or fauna on such land where the flora or fauna may be affected by the carrying on of the authorised works; e place on, leave on and remove from such land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraphs (a) to (d); and f enter on such land for the purpose of exercising any of the powers conferred by sub-paragraphs (a) to (e). 2 no land may be entered, or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days' notice has been served on every owner and occupier of the land. 3 any person entering land under this article on behalf of the agency - a must, if so required, before or after entering the land produce written evidence of authority to do so; and b may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make trial holes. 4 no trial holes are to be made under this article - a in a carriageway or footway without the consent of the highway authority; or b in a private street without the consent of the street authority, but such consent must not be unreasonably withheld. 5 the agency must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under part 1 of the 1961 act. 6 if either a highway authority which receives an application for consent under paragraph (4)(a) or a street authority which receives an application for consent under paragraph (4)(b) fails to notify the agency of its decision within 14 days of receiving the application for consent under paragraph (4), that authority is deemed to have granted consent. felling or lopping of trees 24 1 the agency may fell or lop any trees or shrub near any part of the authorised works, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub - a from obstructing or interfering with the construction, maintenance or operation of the authorised works or any apparatus used on the authorised works; or b from constituting a danger to persons using the authorised works. 2 in exercising the powers conferred by paragraph (1), the agency must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from the exercise of those powers. 3 any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under part 1 of the 1961 act. part 3 provisions relating to tidal works tidal works not to be executed without approval of secretary of state 25 1 unless its construction has commenced within 5 years of the coming into force of this order, a tidal work must not be constructed, altered or replaced except in accordance with plans and sections approved by the secretary of state and subject to any conditions and restrictions imposed by the secretary of state before the work is begun. 2 if a tidal work is constructed, altered, replaced or re-laid in contravention of this article or of any condition or restriction imposed under this article - a the secretary of state may by notice in writing require the agency at its own expense to remove the tidal work or any part of it and restore the site to its former condition; and if, on the expiration of a period of 30 days from the date on which the notice is served, it has failed to comply with the requirements of the notice, the secretary of state may execute the works specified in the notice; or b if it appears to the secretary of state urgently necessary so to do, the secretary of state may remove the tidal work, or part of it, and restore the site to its former condition, and any expenditure reasonably incurred by the secretary of state in so doing is recoverable from the agency. lights on tidal works during construction 26 1 the agency must, at or near a tidal work during the whole time of its construction, alteration or replacement, 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 and the harbour authority or (failing agreement between them) the secretary of state may from time to time direct. 2 if the agency fails to comply with any requirement of a direction reasonably given under paragraph (1), it is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. provisions against danger to navigation 27 1 in the case of injury to, or destruction or decay of, a tidal work or any part of it the agency must as soon as reasonably practicable notify trinity house and the harbour authority and lay down such buoys, exhibit such lights, if any, and take such other steps, if any, for preventing danger to navigation as trinity house and the harbour authority or (failing agreement between them) trinity house may from time to time direct. 2 if the agency fails to notify trinity house and the harbour authority as required by paragraph (1) or to comply with any requirement of a direction under it, the agency is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. abatement of works abandoned or decayed 28 1 where a tidal work is abandoned, or suffered to fall into decay, the secretary of state or the harbour authority may by notice in writing require the agency 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 and the harbour authority or (failing agreement between them) the secretary of state thinks fit. 2 where - a a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay; and b 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 or the harbour authority may include that part of the work, or any portion of it, in any notice under paragraph (1). 3 if, on the expiration of a period of 30 days from the date on which a notice under this article is served, the agency has failed to comply with the requirements of the notice, the secretary of state or the harbour authority may execute the work specified in the notice and any expenditure reasonably incurred by the secretary of state or the harbour authority in so doing is recoverable from the agency. survey of tidal works 29 if the secretary of state or the harbour authority deems it expedient, the secretary of state or the harbour authority may at any time order a survey and examination of a tidal work or of the site upon which it is proposed to construct the tidal work, and any expenditure reasonably incurred by the secretary of state or the harbour authority in relation to any such survey and examination is recoverable from the agency. permanent lights on tidal works 30 1 after the completion of a tidal work the agency must at its outer extremity exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as trinity house and the harbour authority or (failing agreement between them) trinity house may from time to time direct. 2 if the agency fails to comply in any respect with a direction reasonably given under this article, it is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. part 4 acquisition and possession of land powers of acquisition power to acquire land 31 1 the agency may acquire compulsorily so much of the land shown on the land plans as lying within the limits of deviation as may be required for the purposes of constructing, operating or maintaining the scheduled works and any other purposes that are ancillary to the scheduled works and may use any land so acquired for those purposes or for any other ancillary purposes. 2 this article is subject to article 36 (new rights only to be acquired in certain lands) and article 38 (temporary possession of land for construction purposes). application of part 1 of the 1965 act 32 1 part 1 of the 1965 act, in so far as not modified by or inconsistent with the provisions of this order, applies to the acquisition of land under this order - a as it applies to a compulsory purchase to which the acquisition of land act 1981 applies; and b as if this order were a compulsory purchase order under that act. 2 part 1 of the 1965 act, as applied by paragraph (1), has effect with the following modifications. 3 omit section 4 (which provides a time limit for compulsory purchase of land) . 4 in section 4a(1) (extension of time limit during challenge) - a for "section 23 of the acquisition of land act 1981 (application to the high court in respect of compulsory purchase order)" substitute "section 22 of the transport and works act 1992 (validity of orders under section 1 or 3) "; and b for "the three year period mentioned in section 4" substitute "the five year period mentioned in article 43 (time limit for exercise of powers of acquisition) of the boston barrier order 2017". 5 in section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for "section 4 of this act" substitute "article 43 (time limit for exercise of powers of acquisition) of the boston barrier order 2017". 6 in schedule 2a (counter-notice requiring purchase of land not in notice to treat) after part 3 insert - part 4 interpretation 30 in this schedule, references to entering on and taking possession of land do not include doing so under article 21 (protective works), 38 (temporary possession of land for construction purposes) or 39 (temporary possession of land for maintenance of works) of the boston barrier order 2017. . application of the compulsory purchase (vesting declarations) act 1981 33 1 the compulsory purchase (vesting declarations) act 1981 applies as if this order were a compulsory purchase order. 2 the compulsory purchase (vesting declarations) act 1981, as applied by paragraph (1), has effect with the following modifications. 3 omit section 5 (earliest date for execution of declaration) and 5a (time limit for general vesting declaration) . 4 in section 5b(1) (extension of time limit during challenge) - a for "section 23 of the acquisition of land act 1981 (application to high court in respect of compulsory purchase order)" substitute "section 22 of the transport and works act 1992 (validity of orders under section 1 or 3)"; and b for "the three year period mentioned in section 5a" substitute "the five year period mentioned in article 43 (time limit for exercise of powers of acquisition) of the boston barrier order 2017". 5 in section 7 (constructive notice to treat), in subsection (1)(a) , omit the words "(as modified by section 4 of the acquisition of land act 1981)". 6 references to the 1965 act are to be construed as references to that act as applied to the acquisition of land under article 32 (application of part 1 of the 1965 act). power to acquire new rights 34 1 the agency may compulsorily acquire such easements or other rights over any land referred to in article 31 (power to acquire land) as may be required for any purpose for which that land may be acquired under that article, by creating them as well as by acquiring easements or other rights already in existence. 2 subject to section 8 (other provisions as to divided land) of the 1965 act (as modified by schedule 3 (modification of compensation and compulsory purchase enactments for creation of new rights), where the agency acquires a right over land under paragraph (1) the agency cannot be required to acquire a greater interest in that land. 3 schedule 3 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 act in their application in relation to the compulsory acquisition under this article or article 36 (new rights only to be acquired under or in certain lands) of a right over land by the creation of a new right. 4 paragraph (5) applies to land to which this article applies and which is used for the relocation of any apparatus which it is expedient to divert or replace in consequence of the carrying out of the authorised works. 5 in relation to the land to which this paragraph applies, the power to acquire or create easements or other rights under paragraph (1) is to be treated as also authorising the acquisition or creation by a statutory undertaker in any case where the secretary of state gives consent in writing for that acquisition or creation. 6 the reference in paragraph (5) to a "statutory undertaker" means a licence holder within the meaning of part 1 of the electricity act 1989 , a gas transporter within the meaning of part 1 of the gas act 1986 , a water undertaker within the meaning of the water industry act 1991 , a sewerage undertaker, any local authority which is a relevant local authority for the purposes of section 97 (performance of sewerage undertaker's functions by local authorities, etc.) of that act and a public communications provider within the meaning of section 151 (interpretation of chapter 1) of the communications act 2003 . power to acquire subsoil only 35 1 the agency may compulsorily acquire so much of, or such rights in, the subsoil of the land referred to in article 31 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land. 2 where the agency acquires any part of, or such rights in, the subsoil of land under paragraph (1) the agency is not required to acquire an interest in any other part of the land. 3 paragraph (2) does not prevent schedule 2a to the 1965 act (as modified by article 32 (application of part 1 of the 1965 act)) from applying where the agency acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory. new rights only to be acquired in certain lands 36 1 this article applies to the land specified in schedule 4 (acquisition of new rights only). 2 in the case of the land specified in columns (1) and (2) of schedule 4 (acquisition of new rights only), the agency's power of compulsory acquisition under article 31 (power to acquire land) is limited to the acquisition of such easements or other new rights in the land as it may require for the purposes specified in relation to that land in column (3) of that schedule. 3 where the agency acquires easements or other new rights specified in schedule 4 (acquisition of new rights only), article 34 (power to acquire new rights) applies to the same extent as it applies to the acquisition of a new right under that article. 4 nothing in this article precludes the agency from exercising its powers under article 38 (temporary possession of land for construction purposes) in the case of land specified in schedule 4 (acquisition of new rights only). rights under or over streets 37 1 the agency may enter upon and appropriate so much of the surface or subsoil of, or airspace over, any street within the order limits as may be required for the purposes of the authorised works and may use the surface, subsoil or airspace for those purposes or any other purpose ancillary to its undertaking. 2 subject to paragraph (4), the power under paragraph (1) may be exercised in relation to a street without the agency being required to acquire any part of the street or any easement or right in the street. 3 subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the agency acquiring any part of that person's interest in the land, and who suffers loss by the exercise of that power, is entitled to compensation to be determined, in the case of dispute, under part 1 of the 1961 act. 4 paragraph (2) does not apply in relation to - a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 5 compensation is not payable under paragraph (3) to any person who is an undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 act applies in respect of measures of which the allowable costs are to be borne in accordance with that section. temporary possession of land temporary possession of land for construction purposes 38 1 subject to paragraph (2), the agency may, in connection with the carrying out of the authorised works - a enter upon and take temporary possession of - i the land specified in columns (1) and (2) of schedule 5 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that schedule relating to the authorised works (or any of those works) so specified in column (3) of that schedule; and ii any other land within order limits in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 act (other than in connection with the acquisition of new rights only) or no declaration has been made under section 4 (execution of declaration) of the compulsory purchase (vesting declarations) act 1981 ; b remove any buildings, apparatus and vegetation from that land; c construct temporary works (including the provision of means of access) and buildings on the land; and d construct any scheduled works in relation to that land and any other works that are required. 2 not less than 14 days before entering upon and taking temporary possession of land under this article the agency must serve notice of the intended entry on the owners and occupiers of the land. 3 the agency may not, without the agreement of the owners of the land, remain in possession of any land under this article - a in the case of land specified in columns (1) and (2) of schedule 5 (land of which temporary possession may be taken), after the end of the period of 2 years beginning with the date of completion of the works specified in relation to that land in column (3) of that schedule; or b in the case of any other land within order limits, after the end of the period of 2 years beginning with the date of completion of the works for which temporary possession of the land was taken unless the agency has, before the end of that period, served a notice of entry under section 11 of the 1965 act or made a declaration under section 4 of the compulsory purchase (vesting declarations) act 1981 in relation to that land. 4 before giving up possession of land of which temporary possession has been taken under this article, the agency must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the agency is not required to replace a building removed under this article or restore land on which any permanent works have been constructed under paragraph (1)(d). 5 the agency 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 the compensation, is to be determined under part 1 of the 1961 act. 7 without affecting article 68 (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 (6). 8 the powers of compulsory acquisition of land conferred by this order do not apply in relation to land referred to in sub-paragraph (1)(a)(i) except that the agency is not precluded from - a acquiring new rights over any part of that land under article 34 (power to acquire new rights) or article 36 (new rights only to be acquired in certain lands); or b acquiring any part of the subsoil (or rights in the subsoil) of that land under article 35 (power to acquire subsoil only). 9 where the agency takes possession of land under this article, the agency is not required to acquire the land or any interest in it. 10 section 13 (refusal to give possession to acquiring authority) of the 1965 act applies to the temporary possession of land pursuant to this article to the same extent as it applies to the acquisition of land under this order by virtue of article 32(1) (application of part 1 of the 1965 act). temporary possession of land for maintenance of works 39 1 subject to paragraphs (2) and (3), at any time during the maintenance period relating to any of the scheduled works, the agency may - a enter upon and take temporary possession of any land within the order limits if such possession is reasonably required for the purpose of maintaining the work or any ancillary works connected with it or securing the safe operation of any such work; and b construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. 2 paragraph (1) does not authorise the agency to take temporary possession of - a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 not less than 28 days before entering upon and taking temporary possession of land under this article the agency must serve notice of the intended entry on the owners and occupiers of the land. 4 the agency may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken. 5 before giving up possession of land of which temporary possession has been taken under this article, the agency must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 6 the agency must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article. 7 any dispute as to a person's entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under part 1 of the 1961 act. 8 without affecting article 68 (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 (6) of this article. 9 where the agency takes possession of land under this article, the agency is not required to acquire the land or any interest in it. 10 section 13 (refusal to give possession to acquiring authority) of the 1965 act applies to the temporary possession of land pursuant to this article to the same extent as it applies to the acquisition of land under this order by virtue of article 32(1) (application of part 1 of the 1965 act). 11 in this article, "the maintenance period", in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use. compensation disregard of certain interests and improvements 40 1 in assessing the compensation payable to any person on the acquisition from that person of any land under this order, the tribunal must not take into account - a any interest in land; or b any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land, if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with the intention of obtaining compensation or increased compensation. 2 in paragraph (1), "relevant land" means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned. set-off for enhancement in value of retained land 41 1 in assessing the compensation payable to any person in respect of the acquisition from that person under this order of any land (including the subsoil) the tribunal must set-off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised works. 2 in assessing the compensation payable to any person in respect of the acquisition from that person under this order of any new rights over land (including the subsoil) under article 34 (power to acquire new rights) or 36 (new rights only to be acquired in certain lands), the tribunal must set-off against the value of the rights so acquired - a any increase in the value of the land over which the new rights are required; and b any increase in value of any contiguous or adjacent land belonging to that person in the same capacity, which will accrue to that person by reason of the construction of the authorised works. 3 the 1961 act has effect, subject to paragraphs (1) and (2), as if this order were a local enactment for the purposes of that act. supplementary extinction or suspension of private rights of way etc. over land 42 1 subject to paragraph (6), all private rights of way over land subject to compulsory acquisition under this order are extinguished - a as from the date of acquisition of the land by the agency, whether compulsorily or by agreement; or b on the date of entry on the land by the agency under section 11(1) (powers of entry) of the 1965 act, whichever is sooner. 2 subject to paragraph (6), all private rights of way over land owned by the agency which, being within the order limits, is required for the purposes of this order, are extinguished on the appropriation of the land for any of those purposes by the agency. 3 subject to paragraph (6), all private rights of way over land of which the agency takes temporary possession under this order are suspended and unenforceable for as long as the agency remains in lawful possession of the land. 4 any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 5 this article does not apply in relation to any right of way to which section 271 or 272 of the 1990 act (extinguishment of rights of statutory undertakers etc.) applies. 6 paragraphs (1), (2) and (3) have effect subject to - a any notice given by the agency before - i the completion of the acquisition of; ii the agency's appropriation of; iii the agency's entry onto; or iv the agency's taking temporary possession of, the land, that any or all of those paragraphs do not apply to any right of way specified in the notice; and b any agreement which makes reference to this article made (whether before or after any of the events mentioned in sub-paragraph (a) and before or after the coming into force of this order) between the agency and the person in or to whom the right of way in question is vested or belongs. 7 if any such agreement as is mentioned in sub-paragraph (6)(b) is expressed to have effect also for the benefit of those deriving title from or under the person in or to whom the right of way in question is vested or belongs, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. time limit for exercise of powers of acquisition 43 1 after the end of the period of 5 years beginning with the day on which this order comes into force - a no notice to treat is to be served under part 1 of the 1965 act as applied to the acquisition of land by article 32 (application of part 1 of the 1965 act); and b no declaration is to be executed under section 4 (execution of declaration) of the compulsory purchase (vesting declarations) act 1981 as applied by article 33 (application of the compulsory purchase (vesting declarations) act 1981). 2 the powers conferred by article 38 (temporary possession of land for construction purposes) cease at the end of the period referred to in paragraph (1), save that nothing in this paragraph prevents the agency 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 5 operation of scheduled works power to operate scheduled works 44 1 the agency may operate the scheduled works and among other things may - a open or close the barrier and the flood gates; and b regulate water levels in the river by means of the barrier and the flood gates. 2 subject to paragraph (3), the power conferred in paragraph (1) is to be exercised to safeguard against flooding. 3 paragraph (2) does not prevent the exercise of the power contained in paragraph (1) in order to - a prevent or alleviate any emergency; b release flood water; c ascertain the safest and most effective ways of using the scheduled works, to test their working or to train staff in their operation; or d facilitate the construction, maintenance or re-laying of any works in or beside the river. 4 except when required to be closed for the purposes mentioned in paragraphs (2) or (3), the barrier and the flood gates are to remain open. 5 when operating the barrier and the flood gates and so far as is consistent with achieving the purpose referred to in paragraph (2), the agency must have regard to - a the safety of vessels in the river; b the requirements of vessels in the river (including the need to have freedom of access to moorings and berths in the river upstream of the barrier); c the desirability of developing and conserving flora and fauna in the river; and d any reasonable request of - i the harbour authority or other navigation authority for the time being for or in connection with their functions; and ii the police or other emergency services. 6 subject as otherwise expressly provided in this order, no liability arises in respect of any costs, damages, losses or expenses incurred by any person as a direct or indirect result of - a any obstruction to, delay of, or other interference with the passage of vessels; or b any change in the level of water in the river, occasioned by the operation of the scheduled works unless the costs, damages, losses or expenses are incurred by reason of negligence in their operation. misuse of scheduled works, etc. 45 any person who without lawful authority or reasonable excuse - a closes or opens the barrier and/or the flood gates; or b in any other way interferes with the scheduled works or their operation, is guilty of an offence and for every such offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale. navigation navigation etc. in vicinity of barrier 46 1 any person who, other than in an emergency or with some other reasonable cause - a moors a vessel to any part of work no.1 without the consent of the agency; b allows any vessel to drift in the vicinity of the barrier, except for the purpose of passing through the barrier or waiting to do so; or c moors a vessel in the vicinity of the barrier so as to obstruct access to or egress from the moveable gate or cause an obstruction to other vessels, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. 2 in this article, "in the vicinity of the barrier" means on or in the area of water between - a a point 20 metres upstream (along the centre line of the navigable river) from the northernmost point of the moveable gate comprised in the barrier; and b a point 20 metres downstream (along the centre line of the navigable river) from the southernmost point of the moveable gate comprised in the barrier. obstruction etc. removal of vessels 47 1 whenever any vessel is sunk, stranded or abandoned in the river area, or without lawful authority left or moored in that part of the river, the agency may, after giving (except in an emergency) not less than 21 days' written notice to the owner of the vessel, unless it is not practicable after reasonable inquiry to ascertain the name and address of the owner, raise, remove, store or otherwise dispose of the vessel. 2 subject to article 51 (emergency powers and consents), the power conferred by paragraph (1) is not exercisable by the agency if - a it is within the powers of the harbour authority to deal with the vessel and the harbour authority decides to do so; and b if the agency, having given not less than 14 days' notice to the harbour authority, is informed by the harbour authority within that time that the harbour authority intends to act and the harbour authority subsequently does act within 14 days of informing the agency of its intention to do so. 3 where a vessel is left or moored adjoining riparian property the agency must give not less than one month's notice to the owner or occupier of that property and such owner or occupier may make representations to the agency as to the proposed raising, removal, storage, or disposal of the vessel. 4 any notice given by the agency under paragraph (1) must - a identify the vessel in respect of which the notice is served and its approximate location; b state that if the owner fails to raise and remove the vessel before the expiry of the period specified in the notice, the agency may raise and remove the vessel and recover all expenses reasonably incurred in doing so; and c indicate that there is a right to refer the matter to arbitration under article 48 (arbitration in respect of removal of vessels). 5 the agency may recover from the owner of any such vessel all expenses reasonably incurred by the agency in respect of the raising, removal, storage or disposal of the vessel or in raising, removing, storing or disposing of any furniture, tackle and apparel of the vessel or any goods, chattels and effects raised or removed from the vessel. 6 in any proceedings by the agency against a person served with a notice under paragraph (1) for the recovery of any expenses which the agency is entitled to recover from that person under paragraph (5), it is not open to that person to raise any question which could have been raised on a referral to arbitration under article 48. 7 subject to paragraph (8), if any vessel to which paragraph (1) applies is not within 6 weeks of its removal by the agency, proved to the agency's satisfaction to belong to any claimant, the vessel (together with any such furniture, tackle and apparel) vests in the agency. 8 if within 12 months of its removal a claim is made to the vessel by a person who subsequently proves to the satisfaction of the agency that that person was the owner of the vessel, or has become the owner since the vessel was sunk, stranded, abandoned, left or moored as mentioned in paragraph (1), then the agency must - a if the vessel is unsold, permit that person to retake it with any furniture, tackle, apparel, goods, chattels and effects on the vessel upon payment of the expenses referred to in paragraph (5); or b if the vessel and the furniture, tackle and apparel on the vessel have been sold, pay to that person the amount of the proceeds of such sale after deducting those expenses, and in case such proceeds are insufficient to reimburse the agency those expenses the deficiency may be recovered from that person by the agency. 9 in this article - "owner", in relation to any vessel sunk, stranded, abandoned, left or moored as mentioned in paragraph (1), means the owner of the vessel at the time of its sinking, stranding, abandonment, leaving or mooring; "riparian property" means land (other than the river bed) immediately abutting the river such that the frontage of the land is in physical contact with the river on a daily basis; and "vessel" includes any part of a vessel. arbitration in respect of removal of vessels 48 1 any person served with a notice by the agency under article 47(1) (removal of vessels) may, within 21 days of service of the notice, serve a counter-notice on the agency disputing the notice and stating that - a the vessel is not sunk, stranded or abandoned in the river lying within the limits of deviation or without lawful authority left or moored in that part of the river; or b there has been some informality, defect or error in, or in connection with, the notice, and any dispute under this article is to be determined in accordance with article 67 (arbitration). 2 on the hearing of the dispute the arbitrator may confirm or set aside the notice. 3 if and in so far as a dispute under this article is based on the ground of some informality, defect or error in, or in connection with, the notice, the arbitrator must dismiss the dispute if the arbitrator is satisfied that the informality, defect or error was not a material one. removal of obstructions other than vessels 49 1 this article applies to anything, other than a vessel, causing an obstruction or impediment to the navigation or use of the river area (in this article and article 50 (arbitration in respect of removal of obstructions other than vessels) referred to as an "obstruction") and which the owner of the obstruction, or the owner or occupier of the land on which the obstruction is situated, as the case may be, caused or knowingly permitted to become or remain an obstruction. 2 subject to paragraph (3), the agency may after giving not less than 21 days' written notice to the owner of an obstruction or, if the owner is not known, the owner or occupier of any land on which the obstruction is situated, require the owner or occupier to mark, modify or remove the obstruction. 3 subject to article 51 (emergency powers and consents), the power conferred by paragraph (2) is not exercisable if - a it is within the powers of the harbour authority to deal with the obstruction and the harbour authority decides to do so; and b if the agency, having given not less than 14 days' notice to the harbour authority, is informed by the harbour authority within that time that the harbour authority intends to act and the harbour authority subsequently does act within 14 days of informing the agency of its intention to do so. 4 if a person to whom a notice was given pursuant to paragraph (2) fails to take any action specified by the agency in that notice the agency may take that action and recover the reasonable costs of doing so from that person. 5 in any proceedings by the agency against any person required to modify, remove or mark an obstruction under paragraph (2) for the recovery of costs which the agency is entitled to recover under paragraph (4), it is not open to that person to raise any question which could have been raised on a referral to arbitration under article 50 (arbitration in respect of removal of obstructions other than vessels). 6 the agency may mark, modify or remove an obstruction in such circumstances as it considers fit. 7 before exercising its powers under paragraph (6), the agency must, if it is reasonably practicable to do so, give not less than 21 days' written notice of its intention to the owner or occupier of any land on which the obstruction is situated. 8 if an obstruction removed by the agency under this article is so marked as to be readily identifiable as the property of any person, the agency must within one month of its coming into the agency's custody give written notice, in accordance with paragraph (12), to that person and, if possession of the thing is not retaken within the period specified in, and in accordance with the terms of, the notice, it vests in the agency at the end of that period. 9 if an obstruction removed by the agency under this article, which is not marked as described in paragraph (8), is not within 3 months of its coming into the custody of the agency proved to the agency's reasonable satisfaction to belong to any person, it vests in the agency. 10 the agency may at such time and in such manner as it thinks fit dispose of anything referred to in paragraph (9) which is of a perishable nature or the custody of which involves unreasonable expense or inconvenience even if at the time it has not vested in the agency under this article, and if it is sold the proceeds of sale must be applied by the agency in payment of the expenses incurred by it under this article in relation to the thing, and any balance is - a to be paid to any person who, within 3 months from the time when the thing came into the custody of the agency, proves to the reasonable satisfaction of the agency that the person was the owner of the thing at that time; or b if within the period referred to in sub-paragraph (a) no person proves that person's ownership at that time, to vest in the agency. 11 if an obstruction removed by the agency under this article - a is sold by the agency and the proceeds of sale are insufficient to reimburse it for the amount of the expenses incurred by it in the exercise of its powers of removal; or b is unsaleable, the agency may recover the deficiency or the whole of the expenses, as the case may be, from the person who was the owner at the time when the thing removed came into the custody of the agency or who was the owner at the time of its abandonment or loss, if that person caused or knowingly permitted the obstruction to be there. 12 a notice given under paragraph (7) must specify the thing removed and state that, upon proof of ownership to the reasonable satisfaction of the agency and payment of the reasonable costs of the raising, removal and storage of the thing, possession may be retaken at the place named in the notice within the time specified in the notice, being not less than 14 days after the date when the notice is served. 13 in paragraph (1), reference to anything causing an obstruction or impediment to the navigation or use of the river area is a reference to anything causing an obstruction or impediment to a vessel of a size customarily navigated or used on that part of the river. arbitration in respect of removal of obstructions other than vessels 50 1 any person required by the agency to modify, remove or mark an obstruction under article 49(2) (removal of obstructions other than vessels) may within 21 days of being so required serve a counter-notice on the agency disputing the notice on any of the following grounds which are appropriate in the circumstances of the particular case - a that the thing required to be marked, removed or modified is not an obstruction; b that the thing required to be marked, removed or modified is an obstruction which has occurred naturally and that to require its marking, removal or modification is unreasonable; c where the requirement is to remove the obstruction, that it would be adequate in all the circumstances of the case to mark or modify the obstruction; or d where the requirement is to modify the obstruction, that it would be adequate in all the circumstances of the case to mark the obstruction, and any dispute under this article is to be determined in accordance with article 67 (arbitration). 2 any person served with a notice under article 49(7) (removal of obstructions other than vessels) may within 21 days of service of the notice serve a counter-notice on the agency disputing the notice on any of the following grounds which are appropriate in the circumstances of the particular case - a that the thing the agency intends to mark, remove or modify is not an obstruction; b that the thing the agency intends to mark, remove or modify is an obstruction which has occurred naturally and that to mark, remove or modify it is unreasonable; c where the agency intends to remove the obstruction, that it would be adequate in all the circumstances of the case to mark or modify the obstruction; or d where the agency intends to modify the obstruction, that it would be adequate in all the circumstances of the case to mark the obstruction, and any dispute under this article is to be determined in accordance with article 67 (arbitration). 3 on the hearing of a dispute under this article the arbitrator may confirm, vary or set aside the requirement of the notice, as the case may be. emergency powers and consents 51 the agency's powers under articles 47 (removal of vessels) and 49 (removal of obstructions other than vessels) may be exercised by the agency in an emergency without prior notice to the harbour authority provided that the harbour authority is informed of the action as soon as possible afterwards. byelaws byelaws 52 1 in addition to its powers to make byelaws under any other enactment, the agency may make byelaws in relation to the navigation and use of the river area, and for its good management in connection with such navigation and use. 2 in particular, byelaws under paragraph (1) may be made for all or any of the following purposes - a for prohibiting or regulating recreational activities; b for regulating navigation and for the prevention of obstruction to navigation; c for regulating the speed and movement of vessels; d for securing the safety of vessels and persons using the scheduled works and of their property, and any property situated within the limits of deviation; e for regulating the passage of vessels, or any class of vessels, through the moveable barrier gate or over or through other structures, works or apparatus, either generally or in circumstances prescribed by the byelaws; or f for preventing swimming. 3 the agency must not make any byelaws under this article without the consent of the harbour authority. 4 the harbour authority must not withhold its consent to the making of any byelaw except on the ground that it conflicts with or duplicates a byelaw of the harbour authority or interferes with the exercise of its statutory functions, and any unresolved question whether there is any such conflict or duplication or interference is to be determined in accordance with article 67 (arbitration). 5 nothing in any byelaw made under this article applies to anything done by the harbour authority in the exercise of any of its statutory functions and the byelaws of the harbour authority are unaffected by any byelaw made under this article. 6 byelaws under this article may provide for it to be an offence for a person to contravene, or to fail to comply with, a provision of the byelaws and for such a person to be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 7 the provisions of sections 236(3) to (8) and (11) and 238 of the local government act 1972 (which relates to the procedure for making, and evidence of, byelaws) apply to any byelaws made by the agency under this article. 8 in its application to byelaws made under this article by the agency, section 236 of the local government act 1972 has effect as if in subsection (7), after the word "confirm" where it first occurs, the words "with or without modification" were inserted. 9 the confirming authority for the purposes of section 236 of the local government act 1972 in its application to byelaws made under this article is the secretary of state. 10 the secretary of state may charge the agency a reasonable fee for the purpose of defraying any administrative expenses incurred by the secretary of state in respect of byelaws made under this article which are submitted to the secretary of state for confirmation. 11 where in relation to any byelaws submitted to the secretary of state for confirmation the secretary of state proposes to make a modification which appears to the secretary of state to be substantial the secretary of state must inform the agency and require it to take any steps the secretary of state considers necessary for informing persons likely to be concerned with the modification and 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 agency and by other persons who have been informed of it. 12 save where expressly stated otherwise within this order, "navigation" includes navigation for recreational purposes except that for the purposes of sub-paragraph (2)(a) of this article, "recreational activities" does not include navigation for recreational purposes. part 6 protective provisions statutory undertakers, etc. 53 schedule 6 (statutory undertakers, etc.) has effect. protective provisions 54 schedule 7 (protection for electricity, gas, water and sewerage undertakers) and schedule 8 (protection of port of boston) have effect. saving for trinity house 55 nothing in this order prejudices or derogates from any of the powers, rights or privileges, or the jurisdiction or authority, of trinity house. crown rights 56 1 nothing in this order affects prejudicially any estate, right, power, privilege or exemption of the crown and in particular, nothing in this order authorises the agency or any other person to take, use, enter upon or in any manner interfere with any land or hereditament or any rights of any description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) - a belonging to her majesty in right of the crown and forming part of the crown estate without the consent in writing of the crown estate commissioners; b belonging to her majesty in right of the crown and not forming part of the crown estate without the consent in writing of the government department having the management of that land; or c belonging to a government department or held in trust for her majesty for the purposes of a government department without the consent in writing of that government department. 2 consent under this article may be given unconditionally or subject to such terms or conditions as are considered necessary or appropriate. minerals 57 nothing in this order affects the rights of any person entitled to any mine or minerals of any description whatsoever under a street or other land in, on, or adjacent to which the authorised works are constructed to work the mine or get the minerals but this does not affect any liability (whether civil or criminal) of the person so entitled in respect of any damage to the authorised works resulting from the exercise of any such rights. part 7 miscellaneous and general temporary traffic regulation 58 1 subject to the provisions of this article, the agency may, so far as is necessary or expedient for the purposes of or in connection with construction of the authorised works - a revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 act; b permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road; c suspend or authorise the use as a parking place of any road; d make provision as to the direction or priority of vehicular traffic on any road; and e permit or prohibit vehicular access to any road, either at all times or at times, on days or during such periods as may be specified by the agency. 2 the powers conferred by paragraph (1) may only be exercised after the agency has - a consulted the chief officer of police, the traffic authority and such other persons as it considers necessary and appropriate; b taken into consideration any representations made to it by any such persons consulted; and c obtained the consent of the traffic authority in whose area the road concerned is situated (which must not be unreasonably withheld or delayed). 3 the agency must not exercise the powers conferred by this article in relation to any road unless it has - a given not less than 4 weeks' notice in writing of its intention to do so to the chief officer of police and to the traffic authority in whose area the road is situated; and b advertised its intention in such manner as the traffic authority may, within 7 days of its receipt of notice of the agency's intention, specify in writing. 4 any prohibition, suspension or other provision made by the agency under paragraph (1) has effect as if duly made by, as the case may be - a the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 act; or b the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 act, and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject. 5 any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the agency from time to time by subsequent exercise of the powers conferred by paragraph (1). 6 expressions used in this article and in the 1984 act have the same meaning in this article as in that act. 7 the powers conferred on the agency by this article with respect to any road have effect subject to any agreement entered into by the agency with any person with an interest in (or who undertakes activities in relation to) premises served by the road. power of disposal, agreements for operation, etc. 59 1 subject to paragraph 2, the agency may, with the consent of the secretary of state, sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the authorised works and any land held in connection with them. 2 nothing in paragraph (1) requires the agency to secure the consent of the secretary of state before transferring ownership of any structures comprised within work nos. 3a and 3b to the harbour authority. 3 without limitation on the scope of paragraph (1), the agency may enter into and carry into effect agreements with respect to any of the following matters, namely, the construction, maintenance, use and operation of the authorised works, or any part or parts of them, by any other person, and other matters incidental or subsidiary to, or consequential on those matters and the defraying of, or the making of contributions towards, the costs of those matters by the agency or any other person. 4 any agreement under paragraph (3) may provide, amongst other things, for the exercise of the powers of the agency in respect of the authorised works or any part of them and for the transfer to any person of the authorised works or any part of them together with the rights and obligations of the agency in relation to them. 5 where an agreement has been made by virtue of paragraph (3) references in this order to the agency include references to the transferee or the lessee. 6 the exercise of the powers conferred by any enactment by any person further to any sale, lease, charge or disposal under paragraph (1), or any agreement under paragraph (3), is subject to the same restrictions, liabilities and obligations as would apply under this order if those powers were exercised by the agency. 7 the agency must not under this article sell, lease, charge or otherwise dispose of, any rights conferred by article 52 (byelaws). obstructing execution of order 60 any person who, without reasonable excuse, obstructs any person acting under the authority of the agency in setting out the lines of the scheduled works, or in constructing any authorised work or who interferes with, moves or removes any apparatus belonging to any such person is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. defence of due diligence 61 1 in proceedings for an offence under part 3 (provisions relating to tidal works), it is a defence for the agency 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 agency must 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 as was then in its possession, identifying or assisting in the identification of, that other person. application of landlord and tenant law 62 1 this article applies to any agreement for leasing to any person the whole or any part of the authorised works or the right to operate those works, and any agreements entered into by the agency with any person for the construction, maintenance, use or operation of the authorised works, or any part of them, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person's use. 2 no enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies. 3 no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to - a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. defence to proceedings in respect of statutory nuisance 63 1 where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the environmental protection act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) of that act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order may be made, and no fine may be imposed, under section 82(2) of that act if the defendant shows - a that the nuisance relates to premises used by the agency for the purposes of or in connection with the exercise of powers conferred by this order with respect to the authorised works and that the nuisance is attributable to the carrying out of the authorised works which are being carried out in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) of the control of pollution act 1974 ; or b that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided. 2 section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the environmental protection act 1990) of the control of pollution act 1974 does not apply where the consent relates to the use of premises by the agency for the purposes of or in connection with the exercise of powers conferred by this order with respect to works. disclosure of confidential information 64 a person who - a enters a factory, workshop or workplace under the provisions of article 21 (protective works) or article 23 (power to survey and investigate land, etc.); and b discloses to any person any information obtained as a result of that entry and relating to any manufacturing process or trade secret, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless disclosure is made in the course of that person's performance of a duty in connection with the purposes for which the person was authorised to enter the land. local legislation 65 1 the following do not apply to the extent that they are inconsistent with a provision of, or a power conferred by, this order - a any provision of the local enactments specified in part 1 of schedule 9 (amendment of local legislation); b any byelaws or other provisions made under any of those enactments; and c the local byelaws specified in part 2 of that schedule. 2 for the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this order if and to the extent that (in particular) - a it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this order; b action taken in pursuance of a power conferred by this order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or c action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this order. 3 where any person notifies the agency in writing that anything done or proposed to be done by the agency by virtue of this order would amount to a contravention of a statutory provision of local application, the agency must as soon as reasonably practicable, and, at any rate within 14 days of receipt of the notice, respond in writing setting out - a whether the agency agrees that the action taken or proposed to does or would contravene the provision of local application; b if the agency does agree, the grounds (if any) on which the agency believes that the provision is excluded by this article; and c the extent of that exclusion. certification of plans etc. 66 the agency must, as soon as practicable after the making of this order, submit copies of the book of reference, the sections, the land plans, the public rights of way plan and the works plan to the secretary of state for certification that they are respectively true copies of the book of reference, sections and plans 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. arbitration 67 unless otherwise provided in this order, any difference under any provision of this order is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the president of the institution of civil engineers. no double recovery 68 compensation is not payable in respect of the same matter both under this order and any other enactment, any contract or any rule of law, or under two or more different provisions of this order. service of notices 69 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, that person's last known address 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 fulfilled where the recipient of the notice or other document 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 communication given by a person may be revoked by that person in accordance with paragraph (8). 8 where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this order - a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given. 9 this article does not exclude the employment of any method of service not expressly provided for by it. david cooper a senior civil servant, for and on behalf of the secretary of state for environment, food and rural affairs 12th december 2017

citation and commencement 1 this order may be cited as the nursing and midwifery order (legal assessors) (amendment) and the nursing and midwifery council (fitness to practise) (amendment) rules order of council 2017 and comes into force on 28th july 2017. amendment of the nursing and midwifery order 2001 (legal assessors) order of council 2004 2 in article 2 of the nursing and midwifery order 2001 (legal assessors) order of council 2004 for paragraphs (b) and (c) substitute - b the fitness to practise committee under part v of the order; or . council approval of rules 3 their lordships, having taken the rules contained in the schedule into consideration, are pleased to, and do approve them. richard tilbrook clerk of the privy council

citation and commencement 1 this order may be cited as the air navigation (amendment) order 2017 and comes into force on 14th december 2017. amendment of the air navigation order 2016 2 the air navigation order 2016 is amended as follows. categorisation as public transport or commercial operation 3 in article 6(1) - a insert "of this part" after "chapter 2"; and b omit sub-paragraph (a) including "or". 4 in article 11(1) - a for "part 4 and part 5" substitute "part 4, part 5 and part 6"; b in sub-paragraph (b) - i at the beginning insert "there has been no valuable consideration or"; and ii omit "or the purpose of the flight". 5 in article 12 - a after "if" insert "there has been no valuable consideration or"; and b omit "or the purpose of the flight". 6 in article 13(1)(a) - a at the beginning insert "there has been no valuable consideration or"; and b omit "or the purpose of the flight". 7 in article 14 - a for "an commercial" substitute "a commercial"; b in paragraph (a) omit "and which is made under and"; and c for paragraph (b)(ii) substitute - ii on which no person is carried other than a person permitted to be carried on the flight in accordance with the terms of a parachuting permission granted under article 90; or . registration and marking 8 for article 24(4) substitute - 4 paragraph (1) does not apply to any non-easa kite, non-easa captive balloon or any aircraft flying in accordance with the terms of any permission given by the caa. . 9 in article 25(3) for "article" substitute "chapter". airworthiness 10 in article 33(2)(g) omit "under article 269". 11 in article 37(4) omit ", as amended from time to time". 12 in article 38(1) for "paragraph (2)" substitute "paragraph (3)". 13 in article 42(1)(b) for paragraph (i) substitute - i for commercial operation other than commercial operation which consists of an aircraft flying for the purpose of a flying display, associated practice for a flying display, test and positioning flights or the exhibition or demonstration of the aircraft; . 14 in article 49(2) omit "39,". 15 in article 61(3) omit ", as amended from time to time". operations 16 in article 65 after "chapters 2" insert "(other than articles 77(1) and 79)". 17 in article 69 - a for paragraph (2) substitute - 2 before commencing a flight the pilot in command must be satisfied that - a the flight can be made safely, taking into account the latest information available as to the route and aerodrome to be used; and b the ground and water facilities, including any required communication and navigation facilities, are adequate for the intended flight. ; and b in paragraph (8)(b) omit "the minimum equipment list or". 18 in article 70(4) for "136" substitute "137". 19 in article 75 omit paragraph (3). 20 in article 77 - a at the end of paragraph (2) insert "other than when flying for public transport"; and b after paragraph (6) insert - 7 any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment - a does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and b is not a source of danger to the aircraft. . 21 1 omit article 78. 2 before article 79 insert - carriage of equipment 78a 1 this article applies to any aircraft registered in the united kingdom. 2 the caa may permit an aircraft or class of aircraft to which this article applies to commence a flight in specified circumstances even though a specified item of equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use. 3 an aircraft to which this article applies must not commence a flight if any of the equipment, which is required to be carried under articles 77 or 119 in the circumstances of the intended flight, is not carried or is not in a fit condition for use unless the aircraft does so in accordance with the terms of a permission granted to the operator under paragraph (2). . 22 in article 92 - a in paragraphs (2) and (3) for each reference to "towed" substitute "ground towed"; and b in paragraph (2)(b) omit "controlled airspace or". 23 in article 93 for paragraph (2) substitute - 2 in this article, a specified number of balloons counts as "simultaneously released at a single site" if released during a period of not more than 15 minutes from within an area not more than 1km square. . 24 in article 105(3) for "(5)" substitute "(6)". 25 in article 112(3) for "for every 50 or fraction of 50 passenger seats installed in the aircraft" substitute "and if there are 51 to 100 inclusive passenger seats installed, not less than two members and, if there are 101 to 150 inclusive passenger seats installed, not less than three members and so on". 26 in article 119 after paragraph (4) insert - 4a any equipment installed or carried in an aircraft must be installed, carried, maintained and adjusted so that such equipment - a does not impair the airworthiness of the aircraft or the proper functioning of any other instrument or equipment necessary for the safety of the aircraft; and b is not a source of danger to the aircraft. . 27 in article 127(4) for "prescribe" substitute "make regulations prescribing". 28 in article 128(1) for "prescribe" substitute "make regulations prescribing". 29 in article 134 after paragraph (4) insert - 5 the caa must grant a police air operator's certificate if it is satisfied that the applicant is competent to secure that the operation of aircraft of the types specified in the certificate will be as safe as is appropriate when flying on flights of the description and for the purposes specified, having regard in particular to the applicant's - a previous conduct and experience; and b equipment, organisation, staffing, maintenance and other arrangements. . aircrew 30 in article 150(7) for "under this order is" substitute "under this order if". 31 in article 166 - a in paragraph (1) - i insert "(p)" after "a person"; ii for "they know or suspect their" substitute "p knows or suspects p's"; and iii for "renders them" substitute "renders p"; b in paragraph (2) omit "or medical declaration in accordance with article 163(3)"; and c in paragraph (3) omit "or declaration". 32 in article 174(2) for "article 176" substitute "article 176(1)". 33 in article 175(3)(a) after "flight times" insert ", duty periods and rest periods". 34 in article 176(1) - a insert "(p)" after "a person"; b for "they know or suspect they are" substitute "p knows or suspects p is"; and c for "are likely" substitute "is likely". licensing of air traffic controllers 35 in article 188 - a omit paragraphs (1) and (3); and b in paragraph (4) for "referred to in paragraphs (1), (2) and (3)" substitute "referred to in paragraph (2)". 36 omit articles 189 to 197. air traffic services 37 in article 198 for "part" substitute "chapter". documents and records 38 in article 229 - a for paragraph (3) substitute - 3 paragraph (2) does not apply to an aircraft flying in accordance with the easa air operations regulation. ; and b omit paragraph (4). 39 in article 231 - a in paragraph (1) for ", (5), (6) or (7)" substitute "or (5)"; and b in paragraph (2) for "4(12)" substitute "4(13)". 40 for article 238(2) substitute - 2 subject to paragraph (3), if the first operator ceases to be the operator of an aircraft, they must continue to preserve the document or record until paragraphs (4), (5) and (6) have been complied with, as appropriate. . competent authority 41 for article 270(5) substitute - 5 the caa is the competent authority of the united kingdom for the purposes of the easa air traffic controller licensing regulation. . definitions 42 in schedule 1 - a omit the definition for "a to a commercial air transport helicopter operation"; b for the definition of "aerobatic manoeuvres" substitute ""aerobatic manoeuvres" includes loops, spins, rolls, bunts, stall turns, inverted flying and any other similar manoeuvre intentionally performed by an aircraft;"; c in the definition for "commercial air transport operation" omit "or an a to a commercial air transport helicopter operation"; d after the definition for "commercial air transport operation" insert - "commercial operation" has the meaning assigned to it by article 7; ; e in the definition of "controlled airspace" for "class d airspace, class e airspace, class f airspace or class g airspace" substitute "class d airspace or class e airspace"; f for the definition of "easa air traffic controller licensing regulation" substitute - "easa air traffic controller licensing regulation" means commission regulation (eu) no 2015/34 0 of 20th february 2015 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates pursuant to regulation (ec) no 216/2008 of the european parliament and of the council, amending commission implementing regulation (eu) no 923/2012 and repealing commission regulation (eu) no 805/2011 ; ; g omit the definition for "mmel"; h in the definition for "obstacle limitation surfaces" omit ", as amended from time to time"; i after the entry for "part-spa" insert - "part-spo" means annex viii so entitled to the easa air operations regulation ; ; and j in the definition of "self-propelled hang-glider", in paragraph (c) for "maximum take-off mass" substitute "maximum unladen weight". 43 in schedule 5 - a in paragraph 1(1)(c) for "aeroplane" substitute "aircraft"; b in paragraph 1(2) after sub-paragraph (c) insert - ca oxygen supplies ; and c after paragraph 18 insert - maps and charts 19 maps, charts, codes and other documents necessary for the intended flight of the aircraft, including any diversion which may reasonably be expected from the aerodrome of intended landing, must be carried on the aircraft. . 44 in schedule 7 omit paragraph 5(2). instructor certificates 45 in schedule 8, part 2, chapter 1, section 3 - a in the entry for flight instructor certificate (aeroplane), in paragraph 2 under " restrictions - restricted period " omit "and on the recommendation of the supervising flight instructor (aeroplane)"; and b in the entry for flight instructor certificate (helicopter), under " restrictions - restricted period " - i in paragraph (1) for "25 solo flights by students" substitute "25 student pilot solo flight exercises"; and ii in paragraph (2) omit "and on the recommendation of the supervising flight instructor (helicopter)". maintenance of licence privileges 46 1 in schedule 8, part 3, chapter 1 - a for paragraph 1(2)(b) substitute - b as regards revalidation the rating and certificate are valid from the end of the period in paragraph (a) for the period specified in column 2 - i in relation to any rating or certificate that may be revalidated by meeting flight or instruction experience requirements, provided those experience requirements have been met; or ii subject to sub-paragraph (2a), in relation to any other rating or certificate, provided that the rating or certificate is revalidated within the period of three months preceding the end of the period in paragraph (a); and ; and b after paragraph 1(2) insert - 2a where a rating or certificate is revalidated by a proficiency check prior to the last 3 months of the period specified in column 2, the period specified in column 2 commences from the end of the month in which the revalidation occurred. . 2 in schedule 8, part 3, chapter 2 - a for paragraph 4(3)(a) substitute - a has not expired, the new certificate is valid for 24 months from the end of the month which includes the expiry date of the existing certificate, except where the certificate is validated by a nppl general skill test more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 24 months from the end of the month in which the test was taken; ; b for paragraph 5(2)(a) substitute - a has not expired, the new certificate is valid for 36 months from the end of the month which includes the expiry date of the existing certificate, except where the test is taken more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 36 months from the end of the month in which the test was taken; ; and c for paragraph 6(2)(a) substitute - a has not expired, the new certificate is valid for 12 months from the end of the month which includes the expiry date of the existing certificate, except where the test is taken more than 3 months before the expiry date of the existing certificate, in which case the new certificate is valid for 12 months from the end of the month in which the test was taken; . public transport - operational requirements 47 in schedule 9, part 1, paragraph 1(s) for "78(3)" substitute "78a(2)". documentation 48 in schedule 10 - a in paragraph 1(c) for "78(3)" substitute "78a(2)"; b in the entry for "document j" in paragraph 2, for "78(3)" substitute "78a(2)"; c in paragraph 3(1) omit "and"; d for paragraph 3(3) substitute - 3 if a public transport flight is intended to begin and end at the same aerodrome and does not include passage over the territory of any country other than the united kingdom, the documents required under paragraph 1(a) may be kept at that aerodrome instead of being carried in the aircraft. ; and e after paragraph 3 insert - meaning of "international air navigation" 4 for the purposes of this schedule - "international air navigation" means any flight which includes passage over the territory of any country other than the united kingdom, but does not include passage over any relevant overseas territory to which there is power to extend the civil aviation act 1982 under section 108(1) of that act. . penalties 49 in schedule 13, part 1, chapter 1 - a in the entry for article 26(3) omit ", public transport or commercial operation"; b after the entry for article 42(2) insert - 63(1) copy of national airworthiness review certificate issued or extended to be sent to the caa within 10 days 63(2) a person to inform the caa should the airworthiness review be inconclusive and not to issue or extend the certificate ; c omit the entries for articles 193, 196 and 197; and d for the entry for article 206(10) to (12) substitute - 206(10) to (15) air traffic service equipment records . 50 in schedule 13, part 1, chapter 8 after the entry for nco.gen.150 insert - nco.spec.120 task specialist's responsibilities . 51 after schedule 13, part 1, chapter 8 insert - chapter 9 provision of part-spo subject matter spo.gen.106 task specialist's responsibilities spo.gen.115 common language spo.gen.120 taxiing of aeroplanes spo.gen.125 rotor engagement spo.gen.135 information of emergency and survival equipment carried spo.gen.140 documents, manuals and information to be carried spo.op.190 in-flight fuel management spo.op.225 operational limitations - hot air balloons spo.spec.heslo.100 standard operating procedures spo.spec.heslo.105 specific heslo equipment spo.spec.hec.100 standard operating procedures spo.spec.hec.105 specific hec equipment spo.spec.par.100 standard operating procedures spo.spec.par.120 flight over water spo.spec.abf.100 standard operating procedures . 52 in schedule 13, part 2, chapter 1 - a in the entry for article 42(1), after "42(1)" insert "(other than sub-paragraph (b)(ii))"; b after the entry for article 44(2) insert - 44(5) requirement for certificate of release to service for equipment installed on or in a non-easa aircraft after its overhaul, repair, modification or inspection ; c after the entry for article 51 insert - 54(1) aircraft maintenance programme 55 aircraft to be managed by approved continuing airworthiness management organisation and maintained by approved maintenance organisation ; d for the entry for article 77(1) and (3) to (6) substitute - 77(1) and (3) to (7) requirements for aircraft to carry equipment ; e for the entry for article 78(4) substitute - 78a(3) carriage of equipment ; f for the two entries relating to article 80 substitute - 80 requirement for - operation of airborne collision avoidance system training in operation of airborne collision avoidance system ; and g for the two entries relating to article 119 substitute - 119 carriage and use of equipment vibration health monitoring system to be operated in accordance with approved procedures . 53 in schedule 13, part 2, chapter 6 in the column headed "provision of sera", for the entry "5005 (other than (g))" substitute "5005 (other than (g) and (i))". 54 in schedule 13, part 2, chapter 9, after the entry for nco.ide.b.150 insert - nco.spec.105 checklist nco.spec.110 pilot-in-command responsibilities and authority nco.spec.115 crew responsibilities nco.spec.125 safety briefing nco.spec.130 minimum obstacle clearance altitude - ifr flights nco.spec.135 fuel and oil supply - aeroplanes nco.spec.140 fuel and oil supply - helicopters nco.spec155 airborne collision avoidance system (acas ii) nco.spec.170 performance and operating criteria - aeroplanes nco.spec.175 performance and operating criteria - helicopters nco.spec.heslo.100 checklist nco.spec.heslo.105 specific heslo equipment nco.spec.hec.100 checklist nco.spec.par.100 checklist nco.spec.abf.100 checklist . 55 after schedule 13, part 2, chapter 9 add - chapter 10 provision of part-spo subject matter spo.gen.102 touring motor gliders, powered sailplanes and mixed balloons spo.gen.105 crew responsibilities spo.gen.107 pilot-in-command responsibilities and authority spo.gen.108 pilot-in-command responsibilities and authority - balloons spo.gen.119 taxiing of aircraft spo.gen.130 portable electronic devices spo.gen.145 handling of flight recorder recordings: preservation, production, protection and use - operations with complex motor-powered aircraft spo.op.100 use of aerodromes and operating sites spo.op.110 aerodrome operating minima - aeroplanes and helicopters spo.op.111 aerodrome operating minima - npa, apv, cat i operations spo.op.125 minimum obstacle clearance altitudes - ifr flights spo.op.130 fuel and oil supply - aeroplanes spo.op.131 fuel and oil supply - helicopters spo.op.132 fuel and ballast supply and planning - balloons spo.op.135 safety briefing spo.op.140 flight preparation spo.op.145 take-off alternate aerodromes - complex motor-powered aeroplanes spo.op.150 destination alternate aerodromes - aeroplanes spo.op.151 destination alternate aerodromes - helicopters spo.op.155 refuelling with persons embarking, on board or disembarking spo.op.160 use of headset spo.op.165 smoking spo.op.170 meteorological conditions spo.op.175 ice and other contaminants - ground procedures spo.op.176 ice and other contaminants - flight procedures spo.op.180 take-off conditions - aeroplanes and helicopters spo.op.181 take-off conditions - balloons spo.op.195 use of supplemental oxygen spo.op.205 airborne collision avoidance system (acas) spo.op.210 approach and landing conditions - aeroplanes and helicopters spo.op.215 commencement and continuation of approach - aeroplanes and helicopters spo.op.230 standard operating procedures spo.pol.100 operating limitations - all aircraft spo.pol.105 mass and balance spo.pol.110 mass and balance system - commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft spo.pol.115 mass and balance data and documentation - commercial operations with aeroplanes and helicopters and non-commercial operations with complex motor-powered aircraft spo.pol.120 performance - general spo.pol.125 take-off mass limitations - complex motor-powered aircraft spo.pol.130 take-off - complex motor-powered aeroplanes spo.pol.135 en route - one engine inoperative - complex motor-powered aircraft spo.pol.140 landing - complex motor-powered aircraft spo.pol.145 performance and operating criteria - aeroplanes spo.pol.146 performance and operating criteria - helicopters spo.ide.a.100 instruments and equipment - general spo.ide.a.105 minimum equipment for flight spo.ide.a.110 spare electrical fuses spo.ide.a.115 operating lights spo.ide.a.120 operations under vfr - flight and navigational instruments and associated equipment spo.ide.a.125 operations under ifr - flight and navigational instruments and associated equipment spo.ide.a.126 additional equipment for single-pilot operations under ifr spo.ide.a.130 terrain awareness warning system (taws) spo.ide.a.131 airborne collision avoidance system (acas ii) spo.ide.a.132 airborne weather detecting equipment - complex motor-powered aeroplanes spo.ide.a.133 additional equipment for operations in icing conditions at night - complex motor-powered aeroplanes spo.ide.a.140 cockpit voice recorder spo.ide.a.145 flight data recorder spo.ide.a.150 data link recording spo.ide.a.155 flight data and cockpit voice combination recorder spo.ide.a.160 seats, seat safety belts and restraint systems spo.ide.a.165 first-aid kit spo.ide.a.170 supplemental oxygen - pressurised aeroplanes spo.ide.a.175 supplemental oxygen - non-pressurised aeroplanes spo.ide.a.180 hand fire extinguishers spo.ide.a.181 crash axe and crowbar spo.ide.a.185 marking of break-in points spo.ide.a.190 emergency locator transmitter (elt) spo.ide.a.195 flight over water spo.ide.a.200 survival equipment spo.ide.a.205 individual protective equipment spo.ide.h.197 life-jackets - complex motor-powered helicopters spo.ide.h.198 survival suits - complex motor-powered helicopters spo.ide.h.199 life-rafts, survival elts and survival equipment on extended overwater flights - complex motor-powered helicopters spo.ide.h.200 survival equipment spo.ide.h.201 additional requirements for helicopters conducting offshore operations in a hostile sea area - complex motor-powered helicopters spo.ide.h.202 helicopters certified for operating on water - miscellaneous equipment spo.ide.h.203 all helicopters on flights over water - ditching spo.ide.h.205 individual protective equipment spo.ide.h.210 headset spo.ide.h.215 radio communication equipment spo.ide.h.220 navigation equipment spo.ide.h.225 transponder spo.ide.s.100 instruments and equipment - general spo.ide.s.105 minimum equipment for flight spo.ide.s.115 operations under vfr - flight and navigational instruments spo.ide.s.120 cloud flying - flight and navigational instruments spo.ide.s.125 seats and restraint systems spo.ide.s.130 supplemental oxygen spo.ide.s.135 flight over water spo.ide.s.140 survival equipment spo.ide.s.145 radio communication equipment spo.ide.s.150 navigation equipment spo.ide.s.155 transponder spo.ide.b.100 instruments and equipment - general spo.ide.b.105 minimum equipment for flight spo.ide.b.110 operating lights spo.ide.b.115 operations under vfr - flight and navigational instruments and associated equipment spo.ide.b.120 first-aid kit spo.ide.b.121 supplemental oxygen spo.ide.b.125 hand fire extinguishers spo.ide.b.130 flight over water spo.ide.b.135 survival equipment spo.ide.b.140 miscellaneous equipment spo.ide.b.145 radio communication equipment nco.ide.b.150 transponder . 56 in schedule 13, part 3, chapter 1 - a after the entry for article 37(3) insert - 47(3) certificate of release to service not to be issued if any known danger to flight safety ; b after the entry for article 148 insert - 149(1) requirement for appropriate licence to act as flight crew member of easa registered aircraft elsewhere than in the united kingdom ; c after the entry for article 180(1) insert - 187(1) instrument flight procedures to be approved before notification ; d in the entry for article 188(1), for "188(1)" substitute "188(2)"; and e omit the entries for articles 191 and 192. 57 for schedule 13, part 3, chapter 4 substitute - chapter 4 provision of easa air traffic controller licensing regulation subject matter article 2(1) compliance with requirements and procedures atco.a.015(b) exercise of the privileges of licences and provisional inability atco.med.a.020 decrease in medical fitness . 58 for schedule 13, part 3, chapter 7 substitute - chapter 7 provision of sera subject matter 2020 problematic use of psychoactive substance 3101 negligent or reckless operation of aircraft 5005 (j) vfr flight within or into designated areas or along designated routes 8020 adherence to flight plan 8025 position reports 8035 communications 11015(b) pilot-in-command of an aircraft to comply with instructions given by intercepting aircraft . 59 in schedule 13, part 3, chapter 10, after the entry for nco.op.185 insert - nco.spec.160 release of dangerous goods nco.spec.165 carriage and use of weapons nco.spec.heslo.110 transportation of dangerous goods . 60 after schedule 13, part 3, chapter 10 insert - chapter 11 provision of part-spo subject matter spo.gen.150 transport of dangerous goods spo.gen.155 release of dangerous goods spo.gen.160 carriage and use of weapons spo.spec.heslo.110 transportation of dangerous goods . ceri king deputy clerk of the privy council

citation and commencement 1 this order may be cited as the occupational pensions (revaluation) order 2017 and comes into force on 1st january 2018. the higher and lower revaluation percentages for each revaluation period 2 for the purposes of paragraph 1 (the final salary method) of schedule 3 (methods of revaluing accrued pension benefits) to the pension schemes act 1993, for each revaluation period referred to in an entry in column 1 below - a the higher revaluation percentage is the percentage specified in the corresponding entry in column 2, and b the lower revaluation percentage, if any, is the percentage specified in the corresponding entry in column 3. column 1 column 2 column 3 revaluation period higher revaluation percentage lower revaluation percentage 1st january 1986 - 31st december 2017 170.5% - 1st january 1987 - 31st december 2017 162.4% - 1st january 1988 - 31st december 2017 151.8% - 1st january 1989 - 31st december 2017 138.2% - 1st january 1990 - 31st december 2017 121.4% - 1st january 1991 - 31st december 2017 99.6% - 1st january 1992 - 31st december 2017 91.8% - 1st january 1993 - 31st december 2017 85.1% - 1st january 1994 - 31st december 2017 81.8% - 1st january 1995 - 31st december 2017 77.9% - 1st january 1996 - 31st december 2017 71.2% - 1st january 1997 - 31st december 2017 67.7% - 1st january 1998 - 31st december 2017 61.9% - 1st january 1999 - 31st december 2017 56.9% - 1st january 2000 - 31st december 2017 55.2% - 1st january 2001 - 31st december 2017 50.2% - 1st january 2002 - 31st december 2017 47.7% - 1st january 2003 - 31st december 2017 45.2% - 1st january 2004 - 31st december 2017 41.3% - 1st january 2005 - 31st december 2017 37.0% - 1st january 2006 - 31st december 2017 33.4% - 1st january 2007 - 31st december 2017 28.8% - 1st january 2008 - 31st december 2017 24.0% - 1st january 2009 - 31st december 2017 18.1% 18.1% 1st january 2010 - 31st december 2017 19.7% 19.7% 1st january 2011 - 31st december 2017 16.1% 16.1% 1st january 2012 - 31st december 2017 10.4% 10.4% 1st january 2013 - 31st december 2017 8.0% 8.0% 1st january 2014 - 31st december 2017 5.2% 5.2% 1st january 2015 - 31st december 2017 3.9% 3.9% 1st january 2016 - 31st december 2017 4.0% 4.0% 1st january 2017 - 31st december 2017 3.0% 2.5% signed by authority of the secretary of state for work and pensions guy opperman parliamentary under-secretary of state department for work and pensions 15th november 2017

citation and commencement 1 these regulations may be cited as the human medicines (amendment) regulations 2017 and shall come into force on 1st october 2017. amendment of the human medicines regulations 2012 2 the human medicines regulations 2012 are amended as follows. amendment of regulation 8 (general interpretation) 3 1 regulation 8 is amended as follows. 2 in paragraph (1) - a in the appropriate place, insert - "external use" in relation to a medicinal product - means its use by application to the skin, teeth, mucosa of the mouth, throat, nose, ear, eye, vagina or anal canal in circumstances where local action only is necessary and systemic absorption is unlikely to occur; but does not include its use by means of a throat spray, nasal spray, nasal inhalation or teething preparation or by means of throat pastilles, throat lozenges, throat tablets or nasal drops; ; and b in the definition of "the relevant register", in paragraph (d) - i after " a physiotherapist" insert ", an orthoptist"; ii in sub-paragraph (ii) omit "or"; and iii after sub-paragraph (iii) insert - , or orthoptists; . amendment of regulation 45b (application for brokering registration) 4 in regulation 45b , in paragraph (1), after "unless paragraphs" insert "(2)". amendment of regulation 167 (supply to fulfil special patient needs) 5 1 regulation 167 is amended as follows. 2 in paragraph (7) - a in sub-paragraph (b), at the end, for the full stop substitute a comma; and b after sub-paragraph (b) insert (as full out words) - and it is imported by the holder of a wholesale dealer's licence in relation to the product in question. . amendment of regulation 213 (interpretation of part 12) 6 in regulation 213 , in paragraph (1), omit the definition of "external use". amendment of regulation 346 (secretary of state to carry out a review of certain provisions) 7 in regulation 346 , in paragraph (2)(d)(iva), after "part 2 items 4a, 11 and 12," insert "part 3 item 11,". amendment of schedule 17 (exemption for sale, supply or administration by certain persons) 8 1 schedule 17 is amended as follows. 2 in the table in part 1 (exemption from restrictions on sale and supply of prescription only medicines) - a in item 12 - i for the words in column 2 substitute - prescription only medicines comprising: an inhaler containing salbutamol; or an auto-injector containing adrenaline ; and ii in column 3, after "for the purpose of supplying" insert "or administering"; and b in item 13, in column 1, after "registered orthoptists" insert "against whose names are recorded in the relevant register annotations signifying that they are qualified to sell or supply the medicine specified in column 2". 3 in the table in part 3 (exemptions from the restriction on administration of prescription only medicines), after item 10 in the table insert - 11 a person ("p") carrying on the business of a school who is trained to administer the relevant medicine. 11 a prescription only medicine comprising an auto-injector containing adrenaline. 11 the administration shall be - (a) in the course of p carrying on the business of a school; (b) where administration is to a pupil at that school who is known to be at risk of anaphylaxis; and (c) where the pupil requires the medicinal product in an emergency. 4 in the table in part 4 (exemption for certain persons who sell or supply certain medicinal products), in item 13, in column 1, after "registered orthoptists" insert "against whose names are recorded in the relevant register annotations signifying that they are qualified to sell or supply the medicine specified in column 2". signed by the authority of the secretary of state. jackie doyle-price parliamentary under secretary of state, department of health 29th june 2017 richard pengelly a senior official of the department of health in northern ireland 29th june 2017