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citation and commencement 1 these regulations may be cited as the penalties relating to offshore matters and offshore transfers (additional information) regulations 2017 and come into force on 1st april 2017. interpretation 2 in these regulations - "asset" has the meaning given in section 21(1) of the taxation of capital gains act 1992 , but also includes sterling; "document" includes part of a document. additional information for the purposes of paragraph 9(1b)(d) of schedule 24 to the finance act 2007, paragraph 12(2b)(d) of schedule 41 to the finance act 2008 and paragraph 14(2b)(d) of schedule 55 to the finance act 2009 3 the additional information required for the purposes of paragraph 9(1b)(d) of schedule 24 to the finance act 2007 , paragraph 12(2b)(d) of schedule 41 to the finance act 2008 and paragraph 14(2b)(d) of schedule 55 to the finance act 2009 , is that a person ("p") must - a tell hmrc whether or not regulations 4 or 5 (or both) apply to p; and b provide hmrc with the information specified in relation to those regulations set out in regulations 6 and 7 (as appropriate). 4 this regulation applies to p if there is a person ("the enabler") who encouraged, assisted or otherwise facilitated the conduct by p giving rise to the penalty in question. 5 this regulation applies to p if - a p is the sole or a joint beneficial owner of an asset ("the asset") situated or held in a territory outside the united kingdom; and b the person holding the asset ("the asset holder") is not p. additional information to be provided to hmrc where regulation 4 applies to p 6 the additional information to be provided to hmrc where regulation 4 applies to p is - a the name and address of the enabler; b a description of the enabler's conduct that encouraged, assisted or otherwise facilitated the conduct by p giving rise to the penalty in question; c a description of how the first contact between p and the enabler was made and how the contact was maintained during the times when the enabler's conduct encouraged, assisted or otherwise facilitated the conduct by p giving rise to the penalty in question; and d a description of all documents held by p relating to the enabler's conduct that encouraged, assisted or otherwise facilitated the conduct by p giving rise to the penalty in question. additional information to be provided to hmrc where regulation 5 applies to p 7 the additional information to be provided to hmrc where regulation 5 applies to p is - a the name and address of any other joint beneficial owner of the asset; b the extent of p's share of the beneficial ownership of the asset; c a description of all documents of title or other documents indicating p's beneficial ownership of the asset; d details of where the asset is situated or held; e details of when and how p became a beneficial owner of the asset (including a description of all documents held by p relating to the acquisition of p's beneficial ownership of the asset); f a description of all changes in the arrangements for the ownership of the asset since p became a beneficial owner of it (including the date of any change in the arrangements and a description of all documents held by p relating to such changes); g the names and last known addresses of all persons who have been asset holders of the asset during p's beneficial ownership of it; and h in relation to an asset holder who is not an individual, the name and business address (if known) of any director, senior manager, employee or agent of the asset holder who has advised or assisted p in relation to p's beneficial ownership of the asset. 8 1 a description of a document provided in accordance with regulations 6 or 7 must (as far as it is reasonably practicable to do so) state in relation to the document - a the latest of the date when the document was made, prepared or, if appropriate, signed or executed; b the person who made or prepared it (and the person on whose behalf it was made or prepared if different); c the person who signed or executed the document (if appropriate); d the person to whom the document was given or sent (if appropriate); e a summary of its contents or the information recorded in the document; f the location of the document or where it may be inspected. 2 the requirement to provide a description of a document in accordance with regulations 6 or 7 may be met by the provision of the document in question to hmrc or a suitable copy of it. 3 the provision of a document (or a copy of it) to hmrc as described in paragraph (2) is without prejudice to any requirement to produce the document in question to hmrc or power of hmrc to require the production of the document. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 9th march 2017

citation and commencement 1 1 this order may be cited as the south oxfordshire (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 that 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 that 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 south oxfordshire district council (reorganisation of community governance) order 2015 ; "county electoral division" means an electoral division established by article 3 of the oxfordshire (electoral changes) order 2012 ; "district ward" means a district ward established by article 3 of the south oxfordshire (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 wallingford and becomes part of the parish of cholsey in consequence of the 2015 order ceases to be part of wallingford county electoral division and becomes part of benson & cholsey county electoral division. 2 each area that ceases to be part of the parish of long wittenham and becomes part of the parish of didcot in consequence of the 2015 order ceases to be part of wallingford county electoral division and becomes part of didcot ladygrove county electoral division. 3 each area that ceases to be part of the parish of west hagbourne and becomes part of the parish of didcot in consequence of the 2015 order ceases to be part of didcot east & hagbourne county electoral division and becomes part of didcot west county electoral division. 4 each area that ceases to be part of the parish of east hagbourne and becomes part of the parish of didcot in consequence of the 2015 order ceases to be part of didcot east & hagbourne county electoral division and becomes part of didcot west county electoral division. 5 each area that ceases to be part of the parish of waterstock and becomes part of the parish of great milton in consequence of the 2015 order ceases to be part of wheatley county electoral division and becomes part of chalgrove & watlington county electoral division. 6 each area that ceases to be part of the parish of harpsden and becomes part of the parish of henley-on-thames in consequence of the 2015 order ceases to be part of sonning common county electoral division and becomes part of henley-on-thames county electoral division. 7 each area that ceases to be part of the parish of kidmore end and becomes part of the parish of sonning common in consequence of the 2015 order ceases to be part of goring county electoral division and becomes part of sonning common county electoral division. related alterations of district ward boundaries 4 1 each area that ceases to be part of the parish of wallingford and becomes part of the parish of brightwell-cum-sotwell in consequence of the 2015 order ceases to be part of wallingford district ward and becomes part of cholsey district ward. 2 each area that ceases to be part of the parish of brightwell-cum-sotwell and becomes part of the parish of wallingford in consequence of the 2015 order ceases to be part of cholsey district ward and becomes part of wallingford district ward. 3 each area that ceases to be part of the parish of wallingford and becomes part of the parish of cholsey in consequence of the 2015 order ceases to be part of wallingford district ward and becomes part of cholsey district ward. 4 each area that ceases to be part of the parish of long wittenham and becomes part of the parish of didcot in consequence of the 2015 order ceases to be part of sandford & the wittenhams district ward and becomes part of didcot north east district ward. 5 each area that ceases to be part of the parish of west hagbourne and becomes part of the parish of didcot in consequence of the 2015 order ceases to be part of cholsey district ward and becomes part of didcot south district ward. 6 each area that ceases to be part of the parish of east hagbourne and becomes part of the parish of didcot in consequence of the 2015 order ceases to be part of cholsey district ward and becomes part of didcot south district ward. 7 each area that ceases to be part of the parish of waterstock and becomes part of the parish of great milton in consequence of the 2015 order ceases to be part of forest hill & holton district ward and becomes part of haseley brook district ward. 8 each area that ceases to be part of the parish of harpsden and becomes part of the parish of henley-on-thames in consequence of the 2015 order ceases to be part of sonning common district ward and becomes part of henley-on-thames district ward. 9 each area that ceases to be part of the parish of kidmore end and becomes part of the parish of sonning common in consequence of the 2015 order ceases to be part of kidmore end & whitchurch district ward and becomes part of sonning common district ward. 10 each area that ceases to be part of the parish of holton and becomes part of the parish of wheatley in consequence of the 2015 order ceases to be part of forest hill & holton district ward and becomes part of wheatley district ward. 11 each area that ceases to be part of the parish of goring heath and becomes part of the parish of woodcote in consequence of the 2015 order ceases to be part of kidmore end & whitchurch district ward and becomes part of woodcote & rotherfield 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

part 1 introductory citation and commencement 1 this order may be cited as the export control (north korea sanctions and iran, ivory coast and syria amendment) order 2017 and comes into force on 22nd february 2017. revocation 2 the export control (north korea and ivory coast sanctions and syria amendment) order 2013 is revoked. application 3 an offence may be committed under this order - a in the united kingdom by any person; b elsewhere by any person who is a united kingdom person within the meaning of section 11 of the export control act 2002. interpretation 4 1 in this order - "the 1979 act" means the customs and excise management act 1979 ; "eu authorisation" means an authorisation granted under article 2(5), 2(7), 2a(3), 3a(1), 3a(3), 4(4) of the north korea regulation; and "the north korea regulation" means council regulation (ec) no 329/2007 concerning restrictive measures against the democratic people's republic of korea, and a reference to an annex to that regulation is a reference to that annex as amended from time to time. 2 an expression used in both this order and in the north korea regulation has the meaning that it bears in that regulation. part 2 offences relating to prohibitions in the north korea regulation offences related to items listed in annexes i, ia, ib, ic, id, ie, if and ig 5 unless authorised by an eu authorisation, a person who is knowingly concerned in an activity, other than the export or import of goods, prohibited by any of the following articles of the north korea regulation with intent to evade a prohibition in those articles commits an offence and may be arrested - a article 2(1)(a) (prohibition on the sale, supply, etc. of the goods and technology, including software, listed in annexes i, ia, ib and ig, to any natural or legal person, entity or body in, or for use in north korea); b article 2(1)(b) (prohibition on the sale, supply, etc. of aviation fuel as listed in annex ie to north korea or transport to north korea of aviation fuel on board flag vessels and aircraft of member states); c article 2(3) (prohibition on the purchase, import or transport of goods and technology listed in annexes i, ia, ib and ig from north korea); d article 2(4)(a) (prohibition on the import, purchase or transfer of gold, titanium ore, vanadium ore and rare-earth minerals, as listed in annex ic, or coal, iron and iron ore, as listed in annex id, from north korea); e article 2(4)(b) (prohibition on the import, purchase or transfer from north korea of petroleum products, as listed in annex if). offences related to any item except food and medicine destined for north korea's or another state's armed forces 6 unless authorised by an eu authorisation, a person who is knowingly concerned in an activity, other than the export or import of goods, prohibited by any of the following articles of the north korea regulation with intent to evade a prohibition in those articles commits an offence and may be arrested - a article 2a(1) (prohibition on the sale, supply, etc. of any item, except food or medicine, if the exporter knows or has reasonable grounds to believe the item is destined for north korea's or another state's armed forces); b article 2a(2) (prohibition on the purchase, import or transport from north korea of items referred to in article 2a(1)). offences related to goods and technology in the common military list and items listed in annexes i, ia and ib 7 unless authorised by an eu authorisation, a person who is knowingly concerned in an activity prohibited by any of the following articles of the north korea regulation with intent to evade a prohibition in those articles commits an offence and may be arrested - a article 3(1)(a) (prohibition on the provision of technical assistance and brokering services related to goods and technology listed in the eu common military list or in annexes i, ia, ib and ig to any natural or legal person, entity or body in, or for use in, north korea); b article 3(1)(b) (prohibition on the provision of financing or financial assistance related to goods and technology listed in the eu common military list or in annexes i, ia, ib and ig to any natural or legal person, entity or body in, or for use in, north korea); c article 3(1)(c) (prohibition on obtaining technical assistance related to goods and technology listed in the eu common military list or in annexes i, ia, ib and ig from any natural or legal person, entity or body in, or for use in, north korea); d article 3(1)(d) (prohibition on obtaining financing or financial assistance related to goods and technology listed in the eu common military list or in annexes i, ia, ib and ig from any natural or legal person, entity or body in, or for use in, north korea). offences related to luxury goods listed in annex iii 8 unless authorised by an eu authorisation, a person who is knowingly concerned in an activity, other than the export or import of goods, prohibited by any of the following articles of the north korea regulation with intent to evade a prohibition in those articles commits an offence and may be arrested - a article 4(1)(a) (prohibition on the sale, supply, etc. of luxury goods, as listed in annex iii, to north korea); b article 4(1)(b) (prohibition on the purchase, import or transfer from north korea of luxury goods, as listed in annex iii). offences related to gold, precious metals and diamonds listed in annex vii 9 a person who is knowingly concerned in an activity, other than the export or import of goods, prohibited by any of the following articles of the north korea regulation with intent to evade a prohibition in those articles commits an offence and may be arrested - a article 4a(1)(a) (prohibition on the sale, supply, etc. of gold, precious metals and diamonds, as listed in annex vii, to or for the government of north korea etc.); b article 4a(1)(b) (prohibition on the purchase, import or transport of gold, precious metals and diamonds, as listed in annex vii, from the government of north korea etc.); c article 4a(1)(c) (prohibition on the provision of technical assistance, brokering services, financing or financial assistance, related to the goods referred to in articles 4a(1)(a) and (b), to the government of north korea etc.). offences related to north korean denominated banknotes and minted coinage 10 a person who is knowingly concerned in an activity, other than the export of goods, prohibited by article 4b of the north korea regulation (prohibition on the sale, supply, etc. of newly printed or unissued north korean denominated banknotes and minted coinage, to or for the benefit of the central bank of north korea) with intent to evade that prohibition commits an offence and may be arrested. offences related to commercial activity associated with north korea 11 a person who is knowingly concerned in an activity prohibited by any of the following articles of the north korea regulation with intent to evade a prohibition in those articles commits an offence and may be arrested - a article 5b(1) (prohibition in the territory of the european union on accepting or approving investment in any commercial activity where such investment is made by certain persons, entities or bodies associated with north korea); b article 5b(2)(a) (prohibition on establishing a joint venture with or taking or extending an ownership interest in any legal person, entity or body referred to in points (a) to (f) of article 5b(1) engaged in north korea's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related activities or programmes, or in the sectors of mining, refining and chemical industries); c article 5b(2)(b) (prohibition on granting financing or financial assistance to any legal person, entity or body referred to in points (d) to (f) of article 5b(1) or for the documented purpose of financing such legal persons, entities or bodies); d article 5b(2)(c) (prohibition on providing investment services directly related to the activities referred to in points (a) and (b) of article 5b(2)); e article 6a (prohibition on participating in joint ventures or any other business arrangements with entities listed in annex iv as well as individuals or entities acting for or on their behalf or direction). offences related to financing or financial assistance for trade with north korea relating to nuclear or ballistic-missile programmes 12 a person who is knowingly concerned in an activity prohibited by article 9b of the north korea regulation (prohibition on provision of financing or financial assistance for trade with north korea where such financial support could contribute to north korea's nuclear or ballistic-missile programmes or other activities prohibited by the north korea regulation or to the circumvention of this prohibition) with intent to evade that prohibition commits an offence and may be arrested. part 3 supplementary offences circumvention of prohibitions in the north korea regulation 13 1 a person commits an offence and may be arrested where that person participates, knowingly and intentionally, in an activity the object or effect of which is (whether directly or indirectly) - a to circumvent any of the prohibitions in articles 4(a)(1)(c), insofar as the activity concerns the provision of technical assistance or brokering services, 2(1)(a), 2(1)(b), 2a(1), 3(1)(a), 4(1)(a), 4a(1)(a) and 4b of the north korea regulation; or b to enable or facilitate the contravention of any such prohibition. 2 a person commits an offence and may be arrested where that person participates, knowingly and intentionally, in an activity the object or effect of which is (whether directly or indirectly) - a to circumvent any of the prohibitions in articles 4a(1)(c), insofar as the activity concerns the provision of financing or financial assistance, 2(3), 2(4)(a), 2(4)(b), 2a(2), 3(1)(b), 3(1)(c), 3(1)(d), 4(1)(b), 4a(1)(b), 5b(1), 5b(2)(a), 5b(2)(b), 5b(2)(c), 6a and 9b of the north korea regulation; or b to enable or facilitate the contravention of any such prohibition. offences related to an eu authorisation 14 1 a person commits an offence and may be arrested where, for the purpose of obtaining an eu authorisation, that person - a makes any statement or furnishes any document or information which to that person's knowledge is false in a material particular; or b recklessly makes any statement or furnishes any document or information which is false in a material particular. 2 an eu authorisation granted in the circumstances referred to in paragraph (1) is void from the time it was granted. 3 a person who, having acted under the authority of an eu authorisation, fails to comply with a requirement or condition to which the eu authorisation is subject commits an offence and may be arrested, unless - a the eu authorisation was modified after the completion of the act authorised; and b the alleged failure to comply would not have been a failure had the eu authorisation not been so modified. part 4 enforcement and penalties penalties 15 1 a person guilty of an offence under article 9(c), insofar as the activity concerns the provision of technical assistance or brokering services, 5(a), 5(b), 6(a), 7(a), 8(a), 9(a), 10 or 13(1) of this order is liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding six months or to a fine, or to both; ii in scotland or northern ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; b on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both. 2 in relation to an offence committed after the commencement of section 154(1) of the criminal justice act 2003 , for "six months" in paragraph (1)(a)(i) substitute "twelve months". 3 a person guilty of an offence under article 9(c), insofar as the activity concerns the provision of financing or financial assistance, 5(c), 5(d), 5(e), 6(b), 7(b), 7(c), 7(d), 8(b), 9(b), 11, 12, 13(2) or 14 of this order is liable - a on summary conviction, to imprisonment for a term not exceeding three months or to a fine, 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 in the case of an offence committed under the 1979 act in connection with the prohibition of exportation in article 2(1)(a), 2(1)(b), 2a(1), 4(1)(a), 4a(1)(a) or 4b of the north korea regulation, sections 68(3)(b) and 170(3)(b) of that act have effect as if for the words "7 years" there were substituted the words "10 years". 5 in the case of an offence committed under the 1979 act in connection with the prohibition of importation in article 2(3), 2(4)(a), 2(4)(b), 2a(2), 4(1)(b) or 4a(1)(b) of the north korea regulation, sections 50(4)(b) and 170(3)(b) of that act have effect as if for the words "7 years" there were substituted the words "10 years". application of the 1979 act 16 1 where the commissioners for her majesty's revenue and customs investigate or propose to investigate any matter with a view to determining - a whether there are grounds for believing that an offence under this order has been committed; or b whether a person should be prosecuted for such an offence, the matter shall be treated as an assigned matter. 2 section 77a of the 1979 act (provisions as to information powers) applies to a person concerned in an activity which, if not authorised by an eu authorisation, would contravene article 2, 2a, 4, 4a or 4b of the north korea regulation and accordingly references in section 77a of the 1979 act to importation or exportation shall be read as including any such activity. 3 section 138 of the 1979 act (provision as to arrest of persons) applies to the arrest of a person for an offence under this order as it applies to the arrest of a person for an offence under the customs and excise acts. 4 sections 145 , 146 , 146a , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 act (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties under this order as they apply in relation to offences and penalties under the customs and excise acts. 5 in this article, "the customs and excise acts" and "assigned matter" have the same meanings as in section 1 of the 1979 act. part 5 miscellaneous amendment to the export control order 2008 17 the export control order 2008 is amended as follows - a in part 2 of schedule 4, omit "ivory coast (cte d'ivoire)"; and b in part 4 of schedule 4 - i after "hong kong special administrative region", insert "ivory coast (cte d'ivoire)"; and ii after "sri lanka", insert "syria". amendment to the export control (iran sanctions) order 2016 18 in article 14(3) of the export control (iran sanctions) order 2016 - a in paragraph (a), after "eu authorisation", insert "or licence"; and b in paragraph (b), after "eu authorisation", insert "or licence". amendment to the export control (syria sanctions order) 2013 19 the export control (syria sanctions) order 2013 is amended as follows - a in article 4, for "a person shall not (directly or indirectly) export, supply or transfer" substitute "a person commits an offence and may be arrested if that person (directly or indirectly) exports, supplies or transfers"; and b in article 5(1), for "a person shall not (directly or indirectly) provide" substitute "a person commits an offence and may be arrested if that person (directly or indirectly) provides". part 6 general review 20 1 the secretary of state must from time to time - a carry out a review of this order; b set out the conclusions of the review in a report; and c publish the report. 2 in carrying out the review the secretary of state must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the north korea regulation and the measures taken to implement them in other member states. 3 the report must in particular - a set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the north korea regulation established by this order and the measures taken to implement them; b assess the extent to which those objectives are achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 4 the first report under this order must be published before the end of the period of five years beginning with the day on which this order comes into force. 5 reports under this order are afterwards to be published at intervals not exceeding five years. mark garnier parliamentary under-secretary of state for international trade department for international trade 27th january 2017

citation and commencement 1 this order may be cited as the inspectors of education, children's services and skills (no. 3) order 2017 and comes into force on 12th october 2017. appointment of her majesty's inspectors of education, children's services and skills 2 the persons named in the schedule to this order are appointed as her majesty's inspectors of education, children's services and skills. richard tilbrook clerk of the privy council

citation, commencement and interpretation 1 1 this order may be cited as the london north west healthcare national health service trust (establishment) and the ealing hospital national health service trust and the north west london hospitals national health service trust (dissolution) (amendment) order 2017 and comes into force on 1st december 2017. 2 in this order, "the establishment order" means the london north west healthcare national health service trust (establishment) and the ealing hospital national health service trust and the north west london hospitals national health service trust (dissolution) order 2014 . change of name and savings 2 1 in article 2 of the establishment order (establishment and name of the trust), after "west" insert "university". 2 the change of name effected by paragraph (1) does not - a affect any right or obligation of any person; or b invalidate any instrument (whether made before, on or after the day on which this order comes into force) which refers to the london north west healthcare national health service trust, and all instruments or other documents which refer to that name must be construed as referring to the london north west university healthcare national health service trust. change of director 3 in article 4(2) of the establishment order (directors of the trust), for "university of london" substitute "imperial college of science, technology and medicine". removal of specification of "operational date" 4 1 in article 1(3) of the establishment order (citation, commencement and interpretation), omit the definition of "operational date". 2 for article 5 of the establishment order (operational date and accounting date of the trust) and the heading to that article, substitute - accounting date of the trust 5 the accounting date of the trust is 31st march. . revocation of expired provisions 5 article 6 (limited functions prior to operational date) and article 7 (discharge of liabilities prior to operational date) of the establishment order are revoked. signed by authority of the secretary of state for health. philip dunne minister of state, department of health 27th november 2017

citation and commencement 1 these regulations may be cited as the social security (information-sharing in relation to welfare services etc.) (amendment) regulations 2017 and come into force on 15th november 2017. amendment of the social security (information-sharing in relation to welfare services etc.) regulations 2012 2 1 the social security (information-sharing in relation to welfare services etc.) regulations 2012 are amended as follows. 2 in part 1 (general) - a in regulation 2 (interpretation), after the definition of "the benefit cap" insert - "careers wales" means the company with the name career choices dewis gyrfa ltd. which is trading as careers wales and which is established by the welsh government to provide careers services in wales under sections 2, 8 and 10 of the employment and training act 1973 ; ; b after regulation 2 insert - prescription of welsh body 2a careers wales is prescribed as a welsh body for the purpose of section 131 of the 2012 act. . 3 in regulation 5(1) (supply of relevant information by the secretary of state) - a at the end of sub-paragraph (e), omit "and"; b after sub-paragraph (h) insert - ; and i where the qualifying person is careers wales - i identifying persons in wales aged 18 or over but under 25 who are not in employment and not receiving either education or training; ii providing advice, assistance and support to such persons; iii monitoring and evaluating the provision of such advice, assistance and support. . 4 in regulation 6(1) (holding purposes) , after sub-paragraph (q) insert - r where the qualifying person is careers wales - i identifying persons in wales aged 18 or over but under 25 who are not in employment and not receiving either education or training; ii providing advice, assistance and support to such persons; iii monitoring and evaluating the provision of such advice, assistance and support. . 5 in regulation 10(1) (qualifying persons) , after sub-paragraph (e) insert - f for the purposes of regulations 5(1)(i) and 6(1)(r), careers wales. . signed by authority of the secretary of state for work and pensions damian hinds minister of state department for work and pensions 19th october 2017

part 1 preliminary citation and commencement 1 this order may be cited as the network rail (northumberland park level crossing and coppermill lane level crossing closure) order 2017 and comes into force on 16th march 2017. interpretation 2 1 in this order - "the 1961 act " means the land compensation act 1961 ; "the 1980 act " means the highways act 1980 ; "the 1990 act " means the town and country planning act 1990 ; "the 2003 act " means the electronic communications act 2003 ; "address" includes any number or address used for the purposes of electronic transmission; "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; "coppermill lane level crossing" means so much of coppermill lane in the london borough of waltham forest as is shown between points a and b on sheet 2 of the deposited plans and described in the book of reference; "the deposited plans" means the work and land plans certified by the secretary of state as the deposited plans for the purpose of this order; "electronic transmission" means a communication transmitted - by means of an electronic communications network; or by other means but while in electronic form; "the existing footpath" means the public right of way over the existing stepped footbridge adjacent to the northumberland park level crossing between points c and d on sheet 1 of the deposited plans; "footpath" has the same meaning as in the 1980 act; "highway authority" has the same meaning as in the 1980 act; "limits of deviation" means the limits of deviation for the work shown on sheet 1 of the deposited plans; "maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace and maintenance is to be construed accordingly; " network rail " means network rail infrastructure limited (company registration number 02904587) whose registered office is at 1 eversholt street, london nw1 2dn; "the new public right of way" means the new footpath (as referred to in article 7 (creation and maintenance of new public right of way) to be provided between points e and f on sheet 1 of the deposited plans; "northumberland park level crossing" means so much of marsh lane in the london borough of haringey as is shown between points a and b on sheet 1 of the deposited plans and described in the book of reference; "owner", in relation to land, has the same meaning as in section 7 (interpretation) of the acquisition of land act 1981 ; "the section" means the section certified by the secretary of state as the section for the purposes of this order; "statutory undertaker" means - any person who is a statutory undertaker for any of the purposes of the 1990 act; and any public communications provider within the meaning of section 151(1) of the 2003 act; "street" includes part of a street; " the tribunal " means the lands chamber of the upper tribunal; "the undertaking" means the railway undertaking of network rail as existing from time to time; "watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and "the work" means the work specified in article 3 (power to construct and maintain works). 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 airspace over its surface. 3 all distances and directions referred to in this order are approximate. 4 references in this order to points identified by letters are construed as references to points so lettered on the deposited plans. part 2 works provisions principal powers power to construct and maintain works 3 1 network rail may construct and maintain the work, comprising a footbridge over the west anglia main line railway lines, commencing at a point 56 metres south-east of the junction of marsh lane with park avenue road and terminating at a point 75 metres east of that junction. 2 subject to article 4 (power to deviate), the work may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the section. 3 network rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the work, namely - a demolition of the existing footbridge over the west anglia main line railway lines within northumberland park station; b electrical equipment and signalling works; c ramps, means of access and footpaths; and d works to install or alter the position of apparatus, including mains, sewers, drains and cables. 4 network rail may carry out 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 work, other than works that would interfere with a navigable watercourse. power to deviate 4 in constructing or maintaining the work, network rail may - a deviate laterally from the lines or situations shown on sheet 1 of the deposited plans to the extent of the limits of deviation for the work; and b deviate vertically from the levels shown on the section - i to any extent not exceeding 3 metres upwards; or ii to any extent downwards as may be found to be necessary or convenient. crossings closure of northumberland park level crossing 5 1 subject to paragraph (3) the northumberland park level crossing and the existing footpath are stopped up and discontinued. 2 subject to paragraph (3), upon the stopping up and discontinuance of the northumberland park level crossing and the existing footpath any right of way over the northumberland park level crossing is extinguished and any public right of way over the existing footpath is extinguished. 3 paragraphs (1) and (2) are not to have effect until the new public right of way has been constructed and completed to the reasonable satisfaction of the highway authority in accordance with article 7 (creation and maintenance of new public right of way) and is open for use. 4 any person who suffers loss by the extinguishment of any private right of way over the northumberland park level crossing 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 so as to extinguish the rights of statutory undertakers to maintain their apparatus. closure of coppermill lane level crossing 6 1 the coppermill lane level crossing is stopped up and discontinued. 2 upon the stopping up and discontinuance of the coppermill lane level crossing any right of way over the crossing is extinguished. 3 any person who suffers loss by the extinguishment 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. 4 this article does not apply so as to extinguish the rights of statutory undertakers to maintain their apparatus. 5 on the coming into force of this order, section 74 of the northern and eastern railway and eastern counties railway junction act 1839 ( provision for maintaining communication where railway crosses the walthamstow and leyton marshes) ceases to have effect insofar as it affects the coppermill lane level crossing. creation and maintenance of new public right of way 7 1 the new public right of way is to be completed to the reasonable satisfaction of the highway authority and is to be maintained by and at the expense of network rail for a period of 12 months from its completion and after the expiry of that period by and at the expense of the highway authority. 2 in any action against network rail in respect of loss or damage resulting from any failure by it to maintain the new public right of way, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that network rail had taken such care as in all the circumstances was reasonably required to secure that the part of the new public right of way to which the action relates was not dangerous to traffic. 3 for the purposes of a defence under paragraph (3), the court must in particular have regard to the following matters - a the character of the new public right of way and the traffic which was reasonably to be expected to use it; b the standard of maintenance appropriate for a public right of way of that character and used by such traffic; c the state of repair in which a reasonable person would have expected to find the new public right of way; d whether network rail knew, or could reasonably have been expected to know, that the condition of the part of the new public right of way to which the action relates was likely to cause danger to users of the new public right of way; e where network rail could not reasonably have been expected to repair that part of the new public right of way before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant to prove that network rail had arranged for a competent person to carry out or supervise the maintenance of the part of the new public right of way to which the action relates unless it is also proved that network rail had given the competent person proper instructions with regard to the maintenance of the new public right of way and that the competent person had carried out those instructions. 4 the new public right of way is to be treated as completed to the satisfaction of the highway authority if the highway authority fails to reply to a request for certification that it is satisfied with the work within 28 days of receiving the request. 5 this article does not apply in relation to the structure of any bridge carrying the new public right of way over any railway of network rail. part 3 miscellaneous and general certification of plans, etc. 8 network rail must, as soon as practicable after the making of this order, submit copies of the book of reference, the deposited plans and the section to the secretary of state for certification that they are, respectively, true copies of, the book of reference, the deposited plans and the section referred to in this order; and a document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy. service of notices 9 1 a notice or other document required or authorised to be served for the purposes of this order may be served - a by post; or b with the consent of the recipient, and subject to paragraphs (6) to (8), by electronic transmission. 2 where the person on whom a notice or other document to be served for the purposes of this order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 for the purposes of section 7 (references to service by post) of the interpretation act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise - a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and b in any other case, the last known address of that person at the time of service. 4 where for the purposes of this order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by - a addressing it to that person by name or by the description of "owner" or, as the case may be, "occupier" of the land (describing it); and b either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 where a notice or other document required to be served or sent for the purposes of this order is served or sent by electronic transmission, the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission. 6 where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document, the sender must provide such a copy as soon as reasonably practicable. 7 any consent to the use of electronic transmission given by a person may be revoked by that person in accordance with paragraph (8). 8 where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this order - a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given. 9 this article does not exclude the employment of any method of service not expressly provided for by it. no double recovery 10 compensation is not payable in respect of the same matter both under this order and under any other enactment, any contract or any rule of law. arbitration 11 any difference under any provision of this order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the president of the institution of civil engineers. signed by authority of the secretary of state for transport fiona walshe head of motoring agency sponsorship and transport and works act orders unit department for transport 23rd february 2017

citation and commencement 1 these regulations may be cited as the child benefit (general) (amendment) regulations 2017 and come into force on the 1st june 2017. amendment of the child benefit (general) regulations 2006 2 1 the child benefit (general) regulations 2006 are amended as follows. 2 in regulation 1(3) (interpretation) , in the definition of "approved training", for sub-paragraph (d) substitute - d in relation to northern ireland, known as "peace iv children and young people 2.1" or "training for success" . guto bebb andrew griffiths two of the lords commissioners of her majesty's treasury 26th april 2017

citation, commencement and application 1 1 this order may be cited as the firefighters' pension schemes and compensation scheme (amendment) (england) order 2017 and comes into force on 6th october 2017. 2 the amendments made by - a articles 2(2), (3), (4)(a) and (5); and b articles 3 and 4; have effect from 1st april 2015. 3 the amendments made by article 2(4)(b) have effect from 1st december 2006. 4 the amendment made by article 5 has effect from 30th september 2016. 5 this order applies in relation to england only. amendment of the firemen's pension scheme order 1992 2 1 schedule 2 to the firemen's pension scheme order 1992 is amended as follows. 2 in part b (personal awards), in rule b1a(3) (continuous service pension) - a in sub-paragraph (a), for "paragraph (1)(a)", substitute "paragraph (1)(b)"; and b for sub-paragraph (b), substitute - b paragraph (1) of this rule applies as if the age ascertained under sub-paragraph (a) above were substituted for "normal pension age. . 3 in part c (awards on death-spouses), in rule c9 (effect of remarriage) - a in paragraph (1), for "a person", substitute "subject to paragraphs (3) to (5), a person"; b in paragraph (2), for "where a person", substitute "subject to paragraphs (3) to (5), where a person"; and c after paragraph (2), insert - 3 paragraphs (1) and (2) do not apply if the person ("p"), entitled to a pension or gratuity under this part - a marries, remarries, forms a civil partnership or a subsequent civil partnership on or after 1st april 2015; and b immediately before the beginning of that marriage, remarriage or formation of a civil partnership or subsequent civil partnership the condition set out in paragraph (4) is satisfied. 4 the condition in this paragraph is that - a p is either - i entitled to a pension under rule c1 (spouse's ordinary pension), rule c4 (spouse's accrued pension), rule c5 (limitation on award to spouse or civil partner by reference to date of marriage or formation of partnership), rule c6 (spouse or civil partner's requisite benefit and temporary pension) or rule c8 (limitation where spouses living apart); or ii receiving a gratuity under rule c8(7); and b the deceased spouse or civil partner of p ("d") died as a result of an injury - i received in the exercise of d's duties as a firefighter; or ii sustained while on a journey necessary to enable d to report for duty or return home after duty. 5 if on or after 1st april 2015 p is the subject of a decision by the fire and rescue authority to pay any sums in exercise of its discretion under paragraph (1) or (2), the payment of those sums is not affected by any future marriage, remarriage or formation of a civil partnership. . 4 in part g (pensionable pay and contributions) - a in rule g1 (pensionable pay and average pensionable pay) - i in paragraphs (10) and (11) for "paragraph 34 of schedule 2", substitute "paragraph 33 of schedule 2"; ii in paragraph (13) for "paragraph 34(3) of schedule 2", substitute "paragraph 33(3) of schedule 2"; and b in rule g2 (pension contributions) - i in paragraph (1) for "paragraph (1b)" , substitute "paragraphs (1b) to (1d); ii after paragraph (1b) insert - 1c a firefighter who is - a below the age of 50 and has reckoned 30 years pensionable service; and b entitled to be credited with additional pension benefit under rule b5b or b5c shall, until they attain the age of 50, pay pension contributions to the fire and rescue authority only in relation to that additional pension benefit. 1d contributions payable under paragraph (1c) are payable - a at the rate of 11% in the period starting on 1st december 2006 and ending on 31st march 2012; and b on and after 1st april 2012 at the rate specified in the table in paragraph 3 of part a1 of schedule 8. ; and iii for paragraph (4), substitute - 4 the annual contribution shall be such percentage of the authority's estimate of the aggregate of the pensionable pay, for the year in respect of which the contribution is made, of those firefighters employed by the authority who are - a required by paragraph (1) to make pensions contributions in that year; and b below the age of 50 and have reckoned 30 years pensionable service, as shall have been notified to them for that year by the secretary of state. . 5 in part 2a (continuous service pension) of schedule 2 (personal awards), for "40 years", where the words occur for the first time, substitute "30 years". amendment of the firefighters' pension scheme (england) order 2006 3 1 part 11 of schedule 1 (pensionable pay, pension contributions and purchase of additional service) to the firefighters' pension scheme (england) order 2006 is amended as follows. 2 in rule 1 (pensionable pay) - a in paragraphs (7) and (8) for "paragraph 33 of schedule 2 ", substitute "paragraph 32 of schedule 2"; b in paragraph (8) for "paragraph 33(4) of schedule 2", substitute "paragraph 32(4) of schedule 2"; and c in paragraph (9) for "paragraph 33(3) of schedule 2 ", substitute "paragraph 32(3) of schedule 2". 3 in paragraph 2a(b) of rule 2 (final pensionable pay), for "paragraph 33(4) of schedule 2" substitute "paragraph 32(4) of schedule 2". amendment of the firefighters' compensation scheme (england) order 2006 4 in rule 5 (effect of a new relationship) in part 3 of schedule 1 (awards on death: spouses and civil partners) of the firefighters' compensation scheme (england) order 2006 - a at the beginning of paragraphs (1) and (2) for "subject to paragraph (3)" substitute "subject to paragraphs (3) to (5)"; and b after paragraph (3) insert - 4 paragraphs (1) and (2) do not apply if the person ("p"), entitled to a pension or gratuity under this part - a marries, remarries, forms a civil partnership or a subsequent civil partnership on or after 1st april 2015; and b immediately before the beginning of that marriage, remarriage, or formation of a civil partnership or subsequent civil partnership is entitled to a pension or gratuity under this part; 5 if on or after 1st april 2015 p is the subject of a decision by the fire and rescue authority to pay any sums in exercise of its discretion under paragraph (1) or (2), the payment of those sums is not affected by any future marriage, remarriage or formation of a civil partnership. . amendment of the firefighters' pension scheme (amendment and transitional provisions) (england) order 2016 5 in the description of "a" in paragraph (3) of article 3 (transitional provision), of the firefighters' pension scheme (amendment and transitional provisions) (england) order 2016 , after "contribution", the first time that it appears insert "(not including any contribution in relation to an additional pension benefit),". nick hurd minister of state home office 7th september 2017

citation and commencement 1 this order may be cited as the guaranteed minimum pensions increase order 2017 and comes into force on 6th april 2017. increase of guaranteed minimum pensions 2 for the purposes of section 109(2) and (3) of the pension schemes act 1993, the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 1.0 per cent. 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

citation, commencement and application 1 1 this order may be cited as the harborough (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 harborough (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 harborough and number of councillors 3 1 the existing wards of the district of harborough are abolished. 2 the district of harborough is divided into 19 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 broughton astley and lutterworth 4 1 the existing wards of the parishes of broughton astley and lutterworth are abolished. 2 the parish of broughton astley is divided into the five parish wards listed in the first column of table 1 in schedule 2. 3 the parish of lutterworth is divided into the four parish wards listed in the first column of table 2 in schedule 2. 4 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 5 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 20th november 2017

citation and commencement 1 these regulations may be cited as the planning (hazardous substances) (amendment) regulations 2017 and come into force on 6th april 2017. controlled quantities 2 1 in part 4 of schedule 1 to the planning (hazardous substances) regulations 2015 , for note 5 substitute - 5 1 in the case of an establishment where two or more below-threshold substances in the same hazard group are present, the rule in paragraph (3) applies to those substances. 2 in this note - "below-threshold substances" are substances falling within part 1 or 2 of this schedule which are present in quantities below the quantities corresponding to those substances specified in column 2 of those parts; "hazard group" means each of the following groups of substances - substances listed in part 2 of this schedule which fall within acute toxicity category 1, 2 or 3 (inhalation route) or stot se category 1 and substances which fall within section h, entries h1 to h3 of part 1; substances listed in part 2 of this schedule that are explosives, flammable gases, flammable aerosols, oxidising gases, flammable liquids, self-reactive substances and mixtures, organic peroxides, pyrophoric liquids and solids, oxidising liquids and solids and substances which fall within section p, entries p1 to p8 of part 1; substances listed in part 2 of this schedule which fall within hazardous to the aquatic environment acute category 1, chronic category 1 or chronic category 2 and substances which fall within section e, entries e1 and e2 of part 1. 3 where, in relation to below-threshold substances in the same hazard group, the sum produced by the formula in paragraph (4) is greater than or equal to 1, the controlled quantity of each such substance shall be the value q n used in that formula. 4 the formula is - q 1 c q 1 + q 2 c q 2 + q 3 c q 3 + q 4 c q 4 + q 5 c q 5 + . where - q n = the quantity of a below-threshold substance which is present at the establishment; cqn = the quantity corresponding to that substance specified in column 2 of part 1 or 2 of this schedule (except for hydrogen where cq is to be 5, and for liquefied petroleum gas and natural gas (including liquefied natural gas) where cq is to be 50). 2 in note 7, replace the words "each group of categories in notes 5(a), 5(b) and 5(c)" with "each hazard group under note 5". signed by the authority of the secretary of state for communities and local government gavin barwell minister of state department for communities and local government 13th march 2017

citation 1 these regulations may be cited as the children and social work act 2017 (commencement no. 1) regulations 2017. provisions coming into force on 31st october 2017 2 the following provisions of the children and social work act 2017 come into force on the 31st october 2017 - a section 8 (care orders: permanence provisions); b section 9 (adoption: duty to have regard to relationship with adopters); c section 33 (power to secure proper performance); and d section 42 (improvement standards). signed by authority of the secretary of state robert goodwill minister of state department for education 13th september 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the mental health act 1983 (places of safety) regulations 2017 and come into force on 11th december 2017. 2 in these regulations - "the act" means the mental health act 1983; "custody officer" means a person who is appointed as, or who is performing the functions of, a custody officer within the meaning given in section 36 of the police and criminal evidence act 1984 ; "healthcare professional" means a person who is a member of a profession mentioned in section 60(2) of the health act 1999 . circumstances in which a police station may be used as a place of safety 2 1 an adult ("a") may only be removed to, kept at, or taken to, a place of safety that is a police station in the exercise of a power to which section 136a of the act applies where - a the decision-maker is satisfied that - i the behaviour of a poses an imminent risk of serious injury or death to a, or to another person, ii because of that risk, no place of safety other than a police station in the relevant police area can reasonably be expected to detain a, and iii the requirement in sub-paragraph (b) of regulation 4(1) will be met, and b where the decision-maker is not an officer of the rank of inspector or above, an officer of that rank or above authorises that a may be removed to, kept at, or taken to a place of safety that is a police station. 2 before determining that the circumstances in paragraphs (i) to (iii) of paragraph (1)(a) exist, a decision-maker who is a constable must, if it is reasonably practicable to do so, consult - a a registered medical practitioner, b a registered nurse, c an approved mental health professional, or d a person of a description specified in regulation 8(1). 3 in this regulation - "decision-maker" means - in relation to the exercise of a power under section 135(1) or 136(1) of the act, the constable exercising that power, in relation to the exercise of a power under section 135(3a) or 136(3) of the act, the constable or approved mental health professional who - exercises that power, or authorises a person to exercise that power, "relevant police area" means the police area in which a is located when a power to which section 136a of the act applies begins to be exercised in relation to a. requirements when a police station is used as a place of safety 3 regulations 4 to 7 apply when an adult is detained at a police station under section 135 or section 136 of the act. 4 1 a custody officer at the police station must ensure that - a the welfare of the detained adult ("d") is checked by a healthcare professional at least once every thirty minutes, and any appropriate action is taken for the treatment and care of d, and b so far as is reasonably practicable, a healthcare professional is present and available to d throughout the period in which d is detained at the police station. 2 subject to regulation 7, in any case where either or both of the requirements in paragraph (1)(a) and (b) is not met, the custody officer must arrange for d to be taken to another place of safety . 5 1 a custody officer at the police station must, subject to paragraph (2) and regulations 6 and 7 - a review the behaviour of d at least once an hour and determine whether the circumstances in regulation 2(1)(a)(i) and (ii) exist, and b where those circumstances are determined not to exist, arrange for d to be taken to a place of safety other than a police station. 2 before making a determination under paragraph (1)(a), the custody officer must, where reasonably practicable, consult the healthcare professional that carried out the most recent check by virtue of regulation 4(1)(a). 6 the frequency of the reviews referred to in regulation 5(1)(a) may be reduced, to no less than once every three hours, where - a d is sleeping, and b a healthcare professional who has checked d's welfare by virtue of regulation 4(1)(a) has not, in the most recent check, identified any risk that would require d to be woken more frequently. 7 the requirements to take d to a place of safety in regulation 4(2) and regulation 5(1)(b) do not apply where - a arrangements have been made which would enable an assessment of d for the purpose of section 135 or (as the case may be) section 136 of the act to be commenced sooner at the police station than at another place of safety, and b to postpone the assessment would be likely to cause distress to d. persons to be consulted 8 1 the following persons are specified for the purposes of section 136(1c)(d) of the act - a an occupational therapist, b a paramedic. 2 for the purposes of paragraph (1) - a an occupational therapist is a person registered in the register established and maintained by the health and care professions council under article 5 of the health and social work professions order 2001 , in the part relating to occupational therapists, and b a paramedic is a person registered in that register, in the part relating to paramedics. sarah newton parliamentary under secretary of state home office 24th october 2017

citation and interpretation 1 1 these regulations may be cited as the finance act 2016, schedule 22 (appointed days) regulations 2017. 2 in these regulations, "transfer of value" has the same meaning as it does in section 3 of the inheritance tax act 1984 . appointed days 2 schedule 22 to the finance act 2016 ("schedule 22") (asset-based penalty for offshore inaccuracies and failures) comes into force as follows - a paragraph 8 of schedule 22 comes into force on 8th march 2017 for the purpose of exercising any of the powers afforded by that paragraph to make the regulations described in paragraph 8(3); b for all other purposes, schedule 22 comes into force on 1st april 2017 and has effect - i for inheritance tax purposes, in relation to transfers of value made on or after that day, and ii for income tax and capital gains tax purposes, in relation to tax years commencing on or after 6th april 2016. david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 6th march 2017

citations, commencement, interpretation and effect 1 1 these regulations may be cited as the landfill tax (amendment) regulations 2017 and come into force on 1st april 2017. 2 in these regulations "contributions year" has the meaning specified in regulation 31(4) of the landfill tax regulations 1996 . 3 the amendment made by regulation 3 has effect for contribution years commencing on or after 1st april 2017. amendment of the landfill tax regulations 1996 2 the landfill tax regulations are amended as follows. 3 in regulation 31(3) (entitlement to credit) for "4.2" substitute "5.3". jennie granger edward troup two of the commissioners for her majesty's revenue and customs 9th march 2017

part 1 introductory provisions citation and commencement 1 1 these regulations may be cited as the payment systems and services and electronic money (miscellaneous amendments) regulations 2017. 2 this part and part 4 come into force on 22nd december 2017. 3 regulations 3, 4 and 6 come into force on 22nd december 2017 for the purposes of the determination by the financial conduct authority of applications for authorisation or registration made under part 2 of the payment services regulations 2017 (including the imposition of requirements in relation to authorisations and registration). 4 except as provided for in paragraph (3), parts 2 and 3 come into force on 13th january 2018. part 2 amendment of the financial markets and insolvency (settlement finality) regulations 1999 amendment of the financial markets and insolvency (settlement finality) regulations 1999 2 in regulation 2(1) of the financial markets and insolvency (settlement finality) regulations 1999 (interpretation) , in the definition of "institution" after paragraph (aa) insert - ab an authorised payment institution or small payment institution as defined in regulation 2(1) of the payment services regulations 2017, or a person whose head office, registered office or place of residence, as the case may be, is outside the united kingdom and whose functions correspond to those of such an institution; . part 3 amendments relating to the electronic money regulations 2011 and the payment services regulations 2017 amendment of the rehabilitation of offenders act 1974 (exceptions) order 1975 3 in article 3(1)(g) of the rehabilitation of offenders act 1974 (exceptions) order 1975 , in the table, after "an authorised payment institution" in each place it appears insert ", a registered account information service provider". amendment of the rehabilitation of offenders (exceptions) order (northern ireland) 1979 4 in the rehabilitation of offenders (exceptions) order (northern ireland) 1979 - a in article 1(2) (interpretation) - i for "payment services regulations 2009" in each place it appears substitute "payment services regulations 2017"; ii in the appropriate place, insert - "registered account information service provider" has the meaning given by regulation 2(1) of the payment services regulations 2017; ; b in article 2(1)(e) (exclusion of article 5(2) of the rehabilitation of offenders (northern ireland) order 1978 in relation to certain questions), in the table, after "an authorised payment institution" in each place it appears insert ", a registered account information service provider"; c in article 3(1)(d)(xv) (exception from article 5(3)(b) of the rehabilitation of offenders (northern ireland) order 1978 in relation to certain professions, offices, employments, etc.) - i after "an authorised payment institution" insert ", a registered account information service provider"; ii for "2009" substitute "2017". amendment of the electronic money regulations 2011 5 in the electronic money regulations 2011 - a in regulation 21(3)(b) (safeguarding option 1) after "assets" insert ", or for holding those funds or assets together with proceeds of an insurance policy or guarantee held in accordance with regulation 22(1)(b)"; b in regulation 22(1)(b)(ii) (safeguarding option 2) after "proceeds" insert ", or for holding those proceeds together with funds or assets held in accordance with regulation 21(3)"; c after regulation 79 (amendments to primary and secondary legislation) insert - gibraltar application to gibraltar 80 schedule 5, which contains provisions concerning the application of these regulations to gibraltar, has effect. ; d after schedule 4 insert - schedule 5 gibraltar regulation 80 exercise of deemed passport rights by gibraltar-based firms 1 1 these regulations apply as set out in sub-paragraphs (2) and (3) in relation to a firm which - a has its head office in gibraltar; and b is authorised in gibraltar to issue electronic money and provide payment services in accordance with the electronic money directive. 2 the firm is to be treated as having an entitlement, corresponding to its passport right deriving from the electronic money directive, to establish a branch or provide services in the united kingdom. 3 references in these regulations to - a an "eea authorised electronic money institution" are to be treated as references to the firm; b a "home state competent authority" are to be treated as references to the competent authority (within the meaning of the electronic money directive) in gibraltar in relation to the firm; and c a "passport right" are to be treated as references to the entitlement mentioned in sub-paragraph (2). exercise by authorised electronic money institutions of deemed passport rights in gibraltar 2 1 for the purposes of these regulations, an authorised electronic money institution is to be treated as having an entitlement, corresponding to its passport right, to establish a branch or provide services in gibraltar. 2 in relation to an authorised electronic money institution which establishes a branch or provides services in gibraltar, references in these regulations to - a an "eea branch" are to be treated as including references to such a branch; b an "eea state" are to be treated as including references to gibraltar; c a "host state competent authority" are to be treated as including references to the competent authority (within the meaning of the electronic money directive) in gibraltar in relation to the institution; and d a "passport right" are to be treated as including references to the entitlement mentioned in sub-paragraph (1). modification of legislation 3 1 section 138l(1) of the 2000 act (consultation: general exemptions) has effect for the purposes of these regulations as if modified by adding at the end "or if it is making rules for the purpose of extending rules that apply to eea authorised electronic money institutions to gibraltar-based firms". 2 paragraph 14 of schedule 17 to the 2000 act (the ombudsman scheme: the scheme operator's rules) has effect for the purposes of these regulations as if modified by adding at the end - 8 sub-paragraphs (4), (5) and (6) do not apply if the scheme operator is making rules for the purpose of extending rules that apply to eea authorised electronic money institutions to gibraltar-based firms. . firms which have taken action before 13th january 2018 4 where an authorised electronic money institution or the authority has taken action before 13th january 2018 under regulation 28, 29 or 34 in respect of the provision of services, the use of an agent or the establishment of a branch in gibraltar by that authorised electronic money institution, such action is to be treated as if it had been taken under such regulations as they apply by virtue of paragraph 2. . amendment of the rehabilitation of offenders act 1974 (exclusions and exceptions) (scotland) order 2013 6 in the rehabilitation of offenders act 1974 (exclusions and exceptions) (scotland) order 2013 - a in article 2(1) (interpretation) - i for "payment services regulations 2009" in each place it appears substitute "payment services regulations 2017"; ii in the appropriate place, insert - "registered account information service provider" has the meaning given by regulation 2(1) of the payment services regulations 2017; ; b in part 1 of schedule 2 (decisions referred to at articles 3(b) and 5(c)), in paragraph 1 - i in sub-paragraph (o) after "an authorised payment institution" insert ", a registered account information service provider"; ii in sub-paragraphs (o) and (p) for "2009" substitute "2017"; c in part 2 of schedule 2 (table referred to in part 1 of schedule 2 and in paragraph 7 of schedule 3), after "an authorised payment institution" in each place it appears insert ", a registered account information service provider". amendment of the payment services regulations 2017 7 in the payment services regulations 2017 - a in regulation 2(1) (interpretation), in the definition of "agent" for "authorised payment institution or a small payment institution" substitute "authorised payment institution, a small payment institution or a registered account information service provider"; b in regulation 23 (safeguarding requirements) - i in paragraph (7)(b) after "assets" insert ", or for holding those funds or assets together with proceeds of an insurance policy or guarantee held in accordance with paragraph (12)(b)"; ii in paragraph (12)(b)(ii) after "proceeds" insert ", or for holding those proceeds together with funds or assets held in accordance with paragraph (7)"; c in regulation 34 (use of agents) - i in paragraph (1) for "and small payment institutions" substitute ", small payment institutions and registered account information service providers"; ii in paragraph (2) after "authorised payment institutions" insert "and registered account information service providers"; iii in paragraph (8) for "or the small payment institution" substitute ", the small payment institution or the registered account information service provider"; iv in paragraph (14) after "authorised payment institution" insert "or registered account information service provider"; v in paragraph (15) - aa for "or 13" substitute ", 13 or 17"; bb after "15" insert "or 19"; cc after "small payment institution" insert "or account information service provider"; vi in paragraph (16) for "or a small payment institution" substitute ", a small payment institution or a registered account information service provider"; vii in paragraph (17) for "or small payment institution" substitute ", a small payment institution or a registered account information service provider"; d in regulation 35 (removal of agent from register) - i for "or small payment institution", in each place in which it appears, substitute ", small payment institution or registered account information service provider"; ii in paragraph (4) for "institution concerned" substitute "authorised payment institution, small payment institution or registered account information service provider"; e in regulation 36 (reliance) for "or a small payment institution", in both places in which it appears, substitute ", a small payment institution or a registered account information service provider"; f in regulation 37(1) (duty to notify change in circumstance) - i for "or a small payment institution" substitute ", a small payment institution or a registered account information service provider"; ii after sub-paragraph (b) omit "and" and insert - ba in the case of a registered account information service provider, its fulfilment of any of the conditions set out in regulation 18(3) and (4) (conditions for registration); and ; g in regulation 89(2) (value date and availability of funds) - i in sub-paragraph (a) after "conversion" insert "by the payee's payment service provider"; ii in sub-paragraph (b) for "only a currency conversion" substitute "a currency conversion by the payee's payment service provider"; h in regulation 107 (application of part 9 to requirements of directly applicable eu regulations and fca rules), in paragraph (c) for "schedule 7" substitute "schedule 6"; i in regulation 109 (reporting requirements), in paragraph (4) for the words from "authorised", in the first place it appears, to "services," substitute "payment service provider in the united kingdom (but not an agent of such a payment service provider or an excluded provider)". part 4 amendments in consequence of the digital economy act 2017 amendment of the banking act 2009 (inter-bank payment systems) (disclosure and publication of specified information) regulations 2010 8 the banking act 2009 (inter-bank payment systems) (disclosure and publication of specified information) regulations 2010 are amended as follows - a in the title omit "inter-bank"; b in regulation 1 (citation and commencement) omit "inter-bank"; c in regulation 3(1)(b)(i) (disclosure of specified information) omit the words "inter-bank" in each place where they appear; d in regulation 7(1) (publication of specified information) omit "inter-bank". david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 29th november 2017

citation, commencement and interpretation 1 1 this order may be cited as the town and country planning (permission in principle) (amendment) order 2017 and comes into force on 1st june 2018. 2 in this order "the 2017 order" means the town and country planning (permission in principle) order 2017 . amendment of the town and country planning (permission in principle) order 2017 2 the 2017 order is amended in accordance with the following provisions. amendment to article 2 3 in article 2 (interpretation) of the 2017 order insert the following definitions in the appropriate places - "by site display" means by posting the notice in question by firm fixture to some object so that the notice is displayed in such a way as to be easily visible and legible by members of the public; ; "electronic communication" has the same meaning as in section 15(1) of the electronic communications act 2000 ; ; "infrastructure manager" means any person who, in relation to relevant railway land - is responsible for developing or maintaining the land; or manages or uses the land, or permits the land to be used for the operation of a railway; ; "relevant railway land" means land - forming part of any operational railway; or which is authorised to be used for the purposes of an operational railway under - a planning permission granted or deemed to be granted, a development consent granted by an order made under the planning act 2008 , or an act of parliament, including viaducts, tunnels, retaining walls, sidings, shafts, bridges, or other structures used in connection with an operational railway and excluding car parks, offices, shops, hotels or any other land which, by its nature or situation, is comparable with land in general rather than land which is used for the purpose of an operational railway; ; and "residential development" means development the main purpose of which is housing development; . insertion of new part 2a 4 after part 2 of the 2017 order insert - part 2a permission in principle: applications to local planning authorities permission in principle 5a 1 a local planning authority may grant permission in principle on an application to the authority in accordance with the provisions of this order. 2 subject to article 5b, for the purposes of section 59a(1)(b) of the 1990 act , the description of development in relation to which a local planning authority may grant permission in principle is residential development of land. 3 when granting permission in principle under paragraph (1) the local planning authority must - a in relation to the housing development, specify the minimum and maximum net number of dwellings which are, in principle, permitted; and b in relation to the non-housing development (if any is, in principle, permitted), specify the scale of any such development which is, in principle, permitted and the use to which it may be put. 4 in this article - "maximum net number of dwellings" means the maximum number of dwellings on the land after the proposed development less the number of dwellings on the land immediately prior to the date the application for permission in principle is submitted; and "minimum net number of dwellings" means the minimum number of dwellings on the land after the proposed development less the number of dwellings on the land immediately prior to the date the application for permission in principle is submitted. exemption of certain developments 5b 1 a local planning authority may not grant permission in principle, on an application to the authority, in relation to development which is - a major development; b habitats development; c householder development; or d schedule 1 development. 2 a local planning authority may not grant permission in principle, on an application to the authority, in relation to schedule 2 development unless - a the local planning authority has adopted a screening opinion under regulation 6 of the eia regulations that the development (up to and including the maximum net number of dwellings) is not eia development; b the secretary of state has made a screening direction under regulation 7 of the eia regulations that the development is not eia development; or c the secretary of state has made a direction under regulation 63 of the eia regulations that the development is exempted from the application of those regulations. 3 where it appears to the local planning authority that - a an application for permission in principle which is before them for determination may be schedule 2 development; and b the development in question has not been the subject of a screening opinion or screening direction, paragraphs (5) and (6) of regulation 6 of the eia regulations apply as if the receipt of the application were a request made under regulation 6(1) of those regulations. 4 for the purposes of paragraphs (2) and (3), the eia regulations have effect in relation to applications for permission in principle as if the reference to an application for planning permission in part 2 (screening) and in regulation 63 of the eia regulations were a reference to an application for permission in principle. 5 in this article - "eia development" has the same meaning as in regulation 2 of the eia regulations; "eia regulations" means the town and country planning (environmental impact assessment) regulations 2017 ; "european offshore marine site" has the meaning given in regulation 18 of the conservation of offshore marine habitats and species regulations 2017 ; "european site" has the meaning given by regulation 8 of the conservation of habitats and species regulations 2017 ; "habitats development" means development which is likely to have a significant effect on a european site or a european offshore marine site (either alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of the site; "house" does not include a building containing one or more flats, or a flat contained within such a building; "householder development" means development of an existing dwelling, or development within the curtilage of such a dwelling for any purpose incidental to the enjoyment of the dwelling, but does not include change of use or change in the number of dwellings in a building; "major development" means development involving any one or more of the following - the provision of dwellings where the number of houses to be provided is 10 or more; the provision of a building or buildings where the floor space to be created is 1,000 square metres or more; or development carried out on a site having an area of 1 hectare or more; "maximum net number of dwellings" has the same meaning as in article 5a; and "schedule 1 development" and "schedule 2 development" have the same meanings as in regulation 2 of the eia regulations. consultation before applying for permission in principle 5c for the purposes of section 61w of the 1990 act (requirement to carry out pre-application consultation) a person must carry out consultation on a proposed application for permission in principle for any residential development involving an installation for the harnessing of wind power for energy production where - a the development involves the installation of more than 2 turbines; or b the hub height of any turbine exceeds 15 metres. applications for permission in principle 5d 1 an application for permission in principle must - a be made in writing, to the local planning authority for the area in which the land is situated, on a form published by the secretary of state (or a form to substantially the same effect); b include the particulars specified or referred to in the form; c be accompanied, whether electronically or otherwise, by - i a plan which identifies the land to which the application relates; ii except where the application is made by electronic communications or the local planning authority indicate that a lesser number is required, 3 copies of the form; and iii where consultation is required by virtue of article 5c, particulars of - aa how the applicant complied with section 61w(1) of the 1990 act; bb any responses to the consultation that were received by the applicant; and cc the account taken of those responses by the applicant. 2 a plan required to be provided by paragraph (1)(c)(i) must be drawn to an identified scale and must show the direction of north. 3 where an application is made using electronic communications to transmit a form to the local planning authority, the applicant is taken to have agreed - a to the use of such communications by the local planning authority for the purposes of the application; b that the applicant's address for those purposes is the address incorporated in, or otherwise logically associated with, the application; and c that the applicant's deemed agreement under this paragraph subsists until the applicant gives notice in writing of the withdrawal of consent to the use of electronic communications under article 7a. applications in respect of crown land 5e an application for permission in principle in respect of crown land must be accompanied by - a a statement that the application is made in respect of crown land; and b where the application is made by a person authorised in writing by the appropriate authority , a copy of that authorisation. acknowledgement etc of applications 5f 1 when the local planning authority receive an application which - a complies with the requirements of article 5d; and b is accompanied by the fee required to be paid in respect of the application, the authority must, as soon as is reasonably practicable, send to the applicant an acknowledgement of the application in the terms (or substantially in the terms) set out in schedule 1. 2 where, after sending an acknowledgement as required by paragraph (1), the local planning authority consider that the application is invalid, they must as soon as reasonably practicable notify the applicant that the application is invalid. 3 in this article, an application is invalid if it is not a valid application within the meaning of article 5s(3). publicity for applications for permission in principle 5g 1 an application for permission in principle made to a local planning authority must be publicised by the authority - a in accordance with the requirements in paragraph (3), and b by giving requisite notice by site display in at least one place on or near the land to which the application relates for not less than 14 days. 2 where the notice referred to in paragraph (1)(b) is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 14 days referred to has elapsed, the authority is to be treated as having complied with the requirements of paragraph (1)(b) if they have taken reasonable steps for protection of the notice and, if need be, its replacement. 3 the following information must be published on a website maintained by the local planning authority - a the address or location of the proposed development; b a description of the proposed development; c the date by which any representations about the application must be made, which must not be before the last day of the period of 14 days beginning with the date on which the information is published; d where and when the application may be inspected; and e how representations may be made about the application. 4 where the local planning authority have failed to satisfy the requirements of this article in respect of an application for permission in principle at the time - a the application is referred to the secretary of state under section 77 (reference of applications to secretary of state) of the 1990 act , or b any appeal to the secretary of state is made under section 78(2) (appeals in relation to non-determined applications) of the 1990 act , this article continues to apply as if such referral or appeal to the secretary of state had not been made. 5 where paragraph (4) applies, the local planning authority must inform the secretary of state as soon as they have satisfied the relevant requirements in this article. 6 in this article "requisite notice" means notice in the appropriate form set out in schedule 1 or in a form substantially to the same effect. 7 paragraphs (1) and (2) apply to applications for permission in principle made to the secretary of state under section 293a of the 1990 act (urgent crown development: application) as if the references to a local planning authority were references to the secretary of state. notification of applications for permission in principle within 10 metres of relevant railway land 5h 1 this article applies where the development to which an application for permission in principle relates is situated within 10 metres of relevant railway land. 2 the local planning authority must, except where paragraph (3) applies, publicise an application for permission in principle by serving requisite notice on any infrastructure manager of relevant railway land. 3 where an infrastructure manager has instructed the local planning authority in writing that they do not require notification in relation to - a a particular description of development, b a particular type of building operation, or c specified sites or geographical areas ("the instruction"), the local planning authority is not required to notify that infrastructure manager. 4 the infrastructure manager may withdraw the instruction at any time by notifying the local planning authority in writing. 5 in this article "requisite notice" means a notice in the appropriate form as set out in schedule 1 or in a form substantially to the same effect. notice of reference of applications to the secretary of state 5i on referring any application for permission in principle to the secretary of state under section 77 (reference of applications to secretary of state) of the 1990 act pursuant to a direction given under that section, a local planning authority must serve on the applicant a notice - a setting out the terms of the direction and any reasons given by the secretary of state for issuing it; and b stating that the application has been referred to the secretary of state. consultations in relation to applications for permission in principle 5j 1 before determining whether to grant a permission in principle for development of land which, in their opinion, falls within a category set out in the table in schedule 4 to the town and country planning (development management procedure) (england) order 2015 , a local planning authority must consult each body mentioned in relation to that category. 2 the local planning authority must also consult any body with whom they would have been required to consult on an application for planning permission for the development proposed. 3 the duty to consult a body pursuant to paragraph (1) or (2) does not apply where - a the local planning authority are the body; b the local planning authority are already required to consult the body under paragraph 7 of schedule 1 to the 1990 act ; c the body has advised the local planning authority that it does not wish to be consulted; or d the development is subject to any standing advice published by the body in relation to the category of development. 4 the exception in paragraph (3)(d) does not apply where the standing advice was published more than 2 years before the date of the application for permission in principle and the advice has not been amended or confirmed as being current by the body within that period. 5 the secretary of state may give directions to a local planning authority requiring that authority to consult any body mentioned in the directions in relation to any category of development specified in the directions. 6 where a local planning authority are required to consult a body pursuant to this article before determining whether to grant permission in principle - a they must give notice of any application for permission in principle to the body, unless the applicant has served a copy of the application on that body; and b subject to paragraph (7), they must not determine the application until at least 14 days after the date on which notice is given under sub-paragraph (a) or, if earlier, 14 days after the date of service of a copy of the application on the body by the applicant. 7 paragraph (6)(b) ceases to apply if before the end of the period referred to in that paragraph - a the local planning authority have received representations concerning the application from the bodies consulted; or b the bodies consulted have given notice that they do not intend to make representations. 8 the local planning authority must, in determining the application, take into account any representations received from any body consulted. consultations before the grant of planning permission: urgent crown development 5k 1 this article applies in relation to applications for permission in principle made to the secretary of state under section 293a of the 1990 act . 2 before determining whether to grant a permission in principle for development of land which, in the opinion of the secretary of state, falls within a category set out in the table in schedule 4 to the town and country planning (development management procedure) (england) order 2015 , the secretary of state must consult each body mentioned in relation to that category. 3 the secretary of state must also consult any body with whom the secretary of state would have been required to consult on an application for planning permission for the development proposed. 4 the duty to consult a body pursuant to paragraph (2) or (3) does not apply where - a the secretary of state is required to consult the body under section 293a(9)(a) of the 1990 act; b the body has advised the secretary of state that they do not wish to be consulted; or c the development is subject to any standing advice published by the body in relation to the category of development. 5 the exception in paragraph (4)(c) does not apply where the standing advice was issued more than 2 years before the date of the application for permission in principle and the advice has not been amended or confirmed as being current by the body within that period. 6 where the secretary of state is required to consult a body pursuant to this article before determining whether to grant permission in principle - a the secretary of state must give notice of the application for permission in principle to the body, unless the applicant has served a copy of the application on that body; and b subject to paragraph (7), the secretary of state must not determine the application until at least 14 days after the date on which notice is given under sub-paragraph (a) or, if earlier, 14 days after the date of service of a copy of the application on the body by the applicant. 7 paragraph (6)(b) ceases to apply if before the end of the period referred to in that paragraph - a the secretary of state has received representations concerning the application from the bodies consulted; or b the bodies consulted have given notice that they do not intend to make representations. 8 the secretary of state must, in determining the application, take into account any representations received from any body consulted. consultation with county planning authority 5l in relation to applications for permission in principle, the period prescribed for the purposes of paragraph 7(7)(c) of schedule 1 to the 1990 act is 14 days. representations by parish council or neighbourhood forum before determination of application 5m 1 where, in relation to an application for permission in principle - a a parish council is given information pursuant to paragraph 8(1) of schedule 1 to the 1990 act ; or b a neighbourhood forum is given information pursuant to paragraph 8a of that schedule, the council or the forum, as the case may be, must, as soon as practicable, notify the local planning authority who are determining the application whether it proposes to make any representations about the manner in which the application should be determined, and must make any representations to that authority within 14 days of the notification of the application. 2 a local planning authority must not determine any application in respect of which a parish council or neighbourhood forum are required to be given information before - a the council or the forum, as the case may be, inform them that it does not propose to make any representations; b representations are made by that council or forum; or c the period of 14 days mentioned in paragraph (1) has elapsed, whichever occurs first; and in determining the application the authority must take into account any representations received. 3 the local planning register authority must notify the parish council, or as the case may be, the neighbourhood forum of - a the terms of the decision on any such application; or b where the application is referred to the secretary of state - i the date when it was so referred; and ii when notified to the authority, the terms of the secretary of state's decision. 4 for the purposes of paragraph (3), "the local planning register authority" has the same meaning as in article 40 of the town and country planning (development management procedure) (england) order 2015 . duty to respond to consultation and annual reports 5n 1 subject to paragraph (2), for the purposes of applications for permission in principle, the requirements to consult which are prescribed for the purposes of section 54(2)(b) of the planning and compulsory purchase act 2004 ("the 2004 act") are those contained in - a articles 5j and 5k of this order and schedule 4 to the town and country planning (development management procedure) (england) order 2015 (as applied by those articles); b article 5l of this order; c paragraph 4(2) of schedule 1 to the 1990 act; and d paragraph 7 of schedule 1 to the 1990 act. 2 a requirement to consult under paragraph (zb)(iii) of schedule 4 to the town and country planning (development management procedure) (england) order 2015 is not a prescribed requirement for the purposes of section 54(2)(b) of the 2004 act. 3 the period prescribed for the purposes of section 54(4)(a) of the 2004 act in relation to applications for permission in principle is 14 days beginning with the day on which - a the document on which the views of consultees are sought, or b where there is more than one such document and they are sent on different days, the last of those documents, is received by the consultee, or such other period as may be agreed in writing between the consultee and the local planning authority. 4 the information to be provided to the consultee for the purposes of the consultation, pursuant to section 54(5)(b) of the 2004 act, is such information as will enable that person to provide a substantive response. 5 for the purposes of this article and pursuant to section 54(5)(c) of the 2004 act, a substantive response is one which - a states that the consultee has no comment to make; b states that, on the basis of the information available, the consultee is content with the development proposed; c refers the local planning authority to current standing advice by the consultee on the subject of the consultation; or d provides advice to the local planning authority. 6 each consultee who is, by virtue of section 54 of the 2004 act and this article, under a duty to respond to consultation must give to the secretary of state, not later than 1st july in each year (beginning on 1st july 2019), a report as to that consultee's compliance with section 54(4) of the 2004 act in relation to the application for permission in principle. 7 the report must - a in relation to the first report, relate to the period from 1st june 2018 until 31st march 2019; and b in relation to subsequent reports, relate to the period of 12 months commencing on 1st april in the preceding year. 8 each report must contain - a a statement as to the number of occasions on which the consultee was consulted by a local planning authority; b a statement as to the number of occasions on which a substantive response was given to a local planning authority within the period referred to in section 54(4) of the 2004 act; and c in relation to occasions on which the consultee has given a substantive response outside the period referred to in section 54(4) of the 2004 act, a summary of the reasons why the consultee failed to comply with the duty to respond within that period. directions by the secretary of state 5p 1 the secretary of state may give directions restricting the grant of permission in principle by a local planning authority, either indefinitely or during such a period as may be specified in the directions, in respect of any development or in respect of development of any class so specified. 2 a local planning authority must deal with applications for permission in principle for development to which a direction given under paragraph (1) applies, in such manner as to give effect to the direction. development departing from the development plan 5q a local planning authority may in such cases and subject to such conditions as may be prescribed by directions given by the secretary of state under this order, grant permission in principle for development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated. representations to be taken into account 5r 1 a local planning authority must, in determining an application for permission in principle, take into account any representations made where any notice of, or information about, the application has been - a given by site display under article 5g, within 14 days beginning with the date when the notice was first displayed by site display; b served on an infrastructure manager under article 5h, within 14 days beginning with the date when the notice was served on that person, provided that the representations are made by any person who they are satisfied is such an infrastructure manager; or c published on a website under article 5g, within the period of 14 days beginning with the date on which the notice or information was published. 2 a local planning authority must give notice of their decision to every person who has made representations which they were required to take into account in accordance with paragraph (1). 3 paragraphs (1) and (2) apply to applications referred to the secretary of state under section 77 of the 1990 act and to applications made to the secretary of state under section 293a(2) of the 1990 act and paragraphs (1) and (2) apply to appeals to the secretary of state made under section 78 of the 1990 act , as if the references to - a a local planning authority were to the secretary of state; and b determining an application for permission in principle were to determining such an application or appeal, as the case may be. time periods for decisions 5s 1 subject to paragraph (6), where a valid application has been received by a local planning authority the authority must within the period specified in paragraph (2) give the applicant notice of their decision or notice that the application has been referred to the secretary of state. 2 the period specified in this paragraph is - a 5 weeks beginning with the day immediately following that on which the application is received by the local planning authority; or b unless the applicant has already given notice of appeal to the secretary of state, such extended period as may be agreed in writing between the applicant and the local planning authority. 3 in this article "valid application" means an application which - a complies with the requirements of article 5d, and b consists of any fee required to be paid in respect of the application (and for this purpose, lodging a cheque for the amount of a fee is to be taken as payment), and a valid application is taken to have been received where the last of the documents or particulars referred to in article 5d(1) have been received by the authority and any fee required has been paid. 4 where a fee due in respect of an application has been paid by a cheque which is subsequently dishonoured - a paragraph (2)(a) has effect as if for "the application is received by the local planning authority" there were substituted "the local planning authority are satisfied that they have received the full amount of the fee"; and b paragraph (2)(b) has effect as if, at the end, there were added "once the authority are satisfied that they have received the full amount of the fee". 5 a local planning authority must provide such information about applications made under article 5d as the secretary of state may by direction require and any such direction may include provision as to the persons to be informed and the manner in which the information is to be provided. 6 a local planning authority must not determine an application for permission in principle where any notice of, or information about, the application has been - a given by site display under article 5g, before the end of the period of 14 days beginning with the date when the notice was first displayed by site display; b served on an infrastructure manager under article 5h, before the end of the period of 14 days beginning with the date when the notice was served on that person; or c published on a website under article 5g, within the period of 14 days beginning with the date on which the notice or information was published. written notice of decision or determination relating to a planning application 5t 1 when the local planning authority give notice of a decision in relation to an application for permission in principle - a where permission in principle is refused, the notice must state clearly and precisely their full reasons for the refusal, specifying all policies and proposals in the development plan which are relevant to the decision; or b where permission in principle is refused in pursuance of a direction given by the secretary of state, the notice must give details of the direction. 2 where paragraph (1)(a) applies, the notice must also include a statement explaining, whether, and if so how, in dealing with the application, the local planning authority have worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with an application. 3 where paragraph (1)(a) or (b) applies, the notice must be accompanied by a notification in the terms (or substantially in the terms) set out in schedule 1. applications for non-material changes to permission in principle 5u 1 this article applies in relation to an application made under section 96a(4) of the 1990 act for a non-material change to a permission in principle. 2 an application must be made in writing to the local planning authority on a form published by the secretary of state (or a form substantially to the same effect). 3 where a local planning authority receive an application made in accordance with paragraph (2) they must give the applicant notice in writing of their decision on the application within 28 days of receipt of the application or such longer period as may be agreed in writing between the applicant and the authority. appeals in relation to permission in principle applications 5v 1 an applicant who wishes to appeal to the secretary of state under section 78 of the 1990 act must give notice of appeal to the secretary of state by serving on the secretary of state within - a the time limit specified in paragraph (3); or b such longer period as the secretary of state may at any time allow, a completed appeal form, obtained from the secretary of state, together with such of the documents specified in paragraph (4) as are relevant to the appeal. 2 as soon as reasonably practicable after giving notice of appeal under paragraph (1), the applicant who wishes to appeal must serve on the local planning authority - a a copy of the completed appeal form mentioned in paragraph (1); and b a copy of the documents mentioned in paragraphs (4)(d) and (f) to (h) (where those paragraphs apply). 3 the time limit mentioned in paragraph (1) is 6 months from - a the date of the notice of the decision or determination giving rise to the appeal; or b in any other case, the expiry of the specified period. 4 the documents mentioned in paragraph (1) or (2) are - a a copy of the application which was sent to the local planning authority which has occasioned the appeal; b all plans, drawings and documents sent to the authority in connection with the application; c all correspondence with the authority relating to the application; d any other relevant plans, documents or drawings relating to the application which were not sent to the authority; e the notice of the decision or determination, if any; f subject to paragraph (5), the applicant's full statement of case (if they wish to make additional representations); g subject to paragraph (5), a statement of which procedure (written representations, a hearing or an inquiry) the applicant considers should be used to determine the appeal; and h subject to paragraph (5), a draft statement of common ground if the applicant considers that the appeal should be determined through a hearing or an inquiry. 5 the relevant documents required in paragraphs (4)(d) and (4)(f) to (h) are not required to accompany the notice under paragraph (1) or be sent to the local planning authority under paragraph (2) where - a a direction is given by the secretary of state under section 321(3) of the 1990 act (matters related to national security) ; or b section 293a of the 1990 act (urgent crown development) applies. 6 the secretary of state may refuse to accept a notice of appeal from an applicant if the completed appeal form required under paragraph (1) and the documents required under paragraph (4) are not served on the secretary of state within the time limit specified in paragraph (3). 7 the secretary of state may provide, or arrange for the provision of, a website for use for such purposes as the secretary of state thinks fit which - a relate to appeals under section 78 of the 1990 act and this article; and b are capable of being carried out electronically. 8 where a person gives notice of appeal to the secretary of state using electronic communications, the person is taken to have agreed - a to the use of such communications for all purposes relating to the appeal which are capable of being carried out electronically; b that the person's address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person's notice of appeal; and c that the person's deemed agreement under this paragraph subsists until notice is given in accordance with article 7a that the person wishes to revoke the agreement. 9 in this article - "draft statement of common ground" means a written statement containing factual information about the proposal which is the subject of the appeal that the applicant reasonably considers will not be disputed by the local planning authority; "full statement of case" means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward and copies of any documents which that person intends to refer to or put in evidence; and "specified period" means the period specified in article 5s. . substitution of article 6 5 for article 6 (planning register: permission in principle) of the 2017 order substitute - 6 1 the planning register kept by each local planning register authority must also include, as part 2a, a part relating to permissions in principle. 2 part 2a of the planning register must consist of three sections - a the first section must contain, in respect of every permission in principle granted pursuant to article 4 (permission in principle on allocation of land in a brownfield land register) in relation to land in the area of the local planning register authority - i a copy (which may be photographic or in electronic form) of the entry in the brownfield land register which relates to the land; ii the date the permission in principle takes effect and the date it expires; and iii the name of the local planning authority which allocated the land in the brownfield land register; b the second section must contain, in respect of every application for permission in principle relating to land in the area of the local planning register authority made or sent to the authority and not finally disposed of, a copy (which may be photographic or in electronic form) of each application together with any accompanying plan and drawings; and c the third section must contain, in respect of every application for permission in principle relating to land in the area of the local planning register authority which has been finally disposed of - i a copy (which may be photographic or in electronic form) of the application and of any plans and drawings submitted in relation to it; ii particulars of any direction given under the 1990 act or this order in respect of the application; iii the decision, if any, of the local planning authority in respect of the application, the date of such decision and the name of the local planning authority; and iv the reference number, the date and effect of any decision of the secretary of state in respect of the application, whether on appeal, on an application under section 293a(2) of the 1990 act (urgent crown development: application) or on a reference under section 77 of the 1990 act (reference of applications to secretary of state). 3 subject to paragraph (4), every entry in part 2a of the planning register must be made - a in the case of entries required under paragraph (2)(a), within 14 days of entering the land into part 2 of the brownfield land register; and b in the case of entries required under paragraph (2)(b) or (c), within 14 days of the receipt of an application, or of the giving or making of the relevant direction or decision, as the case may be. 4 a copy of any application for permission in principle made under section 293a(2) of the 1990 act (urgent crown development: application) and of any plans and drawings submitted in relation to it must be placed on part 2a of the register within 14 days of the date on which the local planning authority is consulted on the application by the secretary of state. 5 for the purposes of paragraph (2), an application is not treated as finally disposed of unless and until - a it has been decided by the authority (or the period specified in article 5s has expired without their giving a decision) and the time limit specified in article 5v has expired without any appeal having been made to the secretary of state; b it has been referred to the secretary of state under section 77 of the 1990 act (reference of applications to the secretary of state) or an appeal has been made to the secretary of state under section 78 of the 1990 act , the secretary of state has issued a decision and the period of 6 weeks specified in section 288 of the 1990 act has expired without any application having been made to the high court under that section; c an application has been made to the high court under section 288 of the 1990 act and the matter has been finally determined, either by final dismissal of the application by a court or by the quashing of the secretary of state's decision and the issue of a fresh decision (without a further application under section 288 of that act); or d it has been withdrawn before being decided by the authority or the secretary of state, as the case may be, or an appeal has been withdrawn before the secretary of state has issued a decision. 6 in this article - "local planning register authority" has the same meaning as in article 40 of the town and country planning (development management procedure) (england) order 2015 ; and "planning register" means the register kept by a local planning register authority under article 40 of that order. . amendment of article 7 6 in article 7 (prescribed period under section 70(2zzc) of the 1990 act) of the 2017 order for "granted pursuant to article 4 is 5 years" substitute - - a granted pursuant to article 4 is 5 years; and b granted following an application to the local planning authority is 3 years. . insertion of article 7a 7 after article 7 (prescribed period under section 70(2zzc) of the 1990 act) of the 2017 order insert - electronic communications 7a where a person is no longer willing to accept the use of electronic communications for any purpose of this order which is capable of being carried out electronically, the person must give notice in writing - a withdrawing any address notified to the secretary of state or to a local planning authority for that purpose; or b revoking any agreement entered into or deemed to have been entered into with the secretary of state or with a local planning authority for that purpose, and such withdrawal or revocation takes effect on the date specified by the person in the notice which date must not be less than 7 days after the date on which the notice is given. . insertion of schedule 1 8 before the schedule to the 2017 order insert, as schedule 1 to the 2017 order, the schedule set out in schedule 1 to this order and renumber the existing schedule to the 2017 order as schedule 2. amendments to secondary legislation 9 schedule 2 to this order, which makes amendments to secondary legislation, has effect. signed by authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 19th december 2017

citation 1 these regulations may be cited as the finance act 2016, section 164 (appointed day) regulations 2017. appointed day 2 the appointed day for the coming into force of the amendments to section 94 of the finance act 2009 (publishing details of deliberate tax defaulters) made by section 164 of the finance act 2016 is 1st april 2017. andrew griffiths guto bebb two of the lords commissioners of her majesty's treasury 3rd march 2017

citation and commencement 1 these regulations may be cited as the jobseeker's allowance (schemes for assisting persons to obtain employment) (amendment) regulations 2017 and come into force on 20th november 2017. amendment of the jobseeker's allowance (schemes for assisting persons to obtain employment) regulations 2013 2 1 the jobseeker's allowance (schemes for assisting persons to obtain employment) regulations 2013 are amended as follows. 2 in regulation 3 (schemes for assisting persons to obtain employment) - a omit paragraphs (2), (3) and (8a); b before paragraph (9) insert - 8c the work and health programme is a scheme designed to assist a claimant who is long-term unemployed in which, for a period of up to 456 calendar days, the claimant is given such support, and required to participate in such activity, as the provider of the work and health programme considers appropriate and reasonable in the claimant's circumstances to assist the claimant to obtain and sustain employment. ; and c in paragraph (9) omit the definitions of "ehc plan", "learning difficulty assessment" and "work history". signed by authority of the secretary of state for work and pensions penny mordaunt minister of state department for work and pensions 23rd october 2017

citation and commencement 1 1 this order may be cited as the fire and rescue authority (membership) order 2017. 2 this article and article 3 come into force on 22nd december 2017. 3 article 2 comes into force on 25th june 2018. 4 article 4 comes into force on 6th june 2018. amendment to the local government act 1985 2 1 the local government act 1985 is amended as follows. 2 in schedule 10 (number of members of joint authorities), in part 6 (west midlands), in the third column of the table (number of members of metropolitan county fire and rescue authority) - a in the entry for birmingham for "10" substitute "4"; b in the entry for coventry for "3" substitute "2"; c in the entry for dudley for "3" substitute "2"; d in the entry for sandwell for "3" substitute "2"; e in the entry for solihull for "2" substitute "1"; f in the entry for walsall for "3" substitute "2"; g in the entry for wolverhampton for "3" substitute "2". variation of the hampshire fire services combination scheme 3 the hampshire fire services combination scheme set out in the schedule to the hampshire fire services (combination scheme) order 1996 is varied in accordance with schedule 1 to this order. variation of the dorset and wiltshire fire and rescue authority combination scheme 4 the dorset and wiltshire fire and rescue authority combination scheme set out in the schedule to the dorset and wiltshire fire and rescue authority (combination scheme) order 2015 is varied in accordance with schedule 2 to this order. nick hurd minister of state home office 28th november 2017

citation and commencement 1 these regulations may be cited as the occupational pension schemes (charges and governance) (amendment) regulations 2017 and come into force on 1st october 2017. amendment of the occupational pension schemes (charges and governance) regulations 2015 2 the occupational pension schemes (charges and governance) regulations 2015 are amended in accordance with regulations 3 to 11. amendment of regulation 2 3 in regulation 2(1) (interpretation), in the definition of "service provider" for "specified" substitute "relevant". amendment of part 2 - chapter 1 4 regulations 4 to 13 become chapter 1, entitled "default arrangements, non-contributing members and payments to advisers". amendment of regulation 4 5 1 regulation 4 (restrictions on charges) is amended as follows. 2 in regulation 4(1) for "this part", in each place it occurs, substitute "this chapter". 3 in regulation 4(2) for "this part" substitute "this chapter". amendment of regulation 6 6 at the beginning of regulation 6(1) insert "subject to regulation 13c(6)". amendment of regulation 9 7 1 regulation 9 (member agreement for services) is amended as follows. 2 in paragraph (1) - a after "in relation to" insert "advice or"; and b after "provision of that" insert "advice or". 3 in paragraph (3), after "does not apply to" insert "advice or". amendment of regulation 11a 8 1 regulation 11a (payments to advisers) is amended as follows. 2 in paragraph (1), omit "on or after 6th april 2016". 3 in paragraph (2), after "11b(2)" insert ", 11b(2b)". 4 in paragraph (4), for "this regulation" substitute "the prohibition in paragraph (2)". 5 for paragraph (6) substitute - 6 the prohibition in paragraph (2) does not apply to a charge imposed to reimburse a service provider for any payment made to an adviser for advice or a service referred to in paragraph (3)(a) or (b) where - a the charge is imposed under a relevant contract which - i was entered into before 6th april 2016; and ii has not been varied or renewed on or after that date; and b the payment was made before 1st october 2017. . 6 after paragraph (6) insert - 7 where the prohibition in paragraph (2) applies it overrides any term of a relevant contract to the extent that the term conflicts with it. . amendment of regulation 11b 9 1 regulation 11b (relevant information) is amended as follows. 2 in paragraph (2), for "paragraph (4)" substitute "paragraphs (2b) and (5)". 3 after paragraph (2) insert - 2a this paragraph applies where the relevant contract - a was entered into before 6th april 2016; and b has not been varied or renewed on or after that date. 2b subject to paragraph (5), where paragraph (2a) applies regulation 11a does not apply until the expiry of the period of 6 months beginning with 1st october 2017. . 4 at the beginning of paragraph (3) insert "except in a case to which paragraph (2a) applies,". 5 after paragraph (3) insert - 3a in a case to which paragraph (2a) applies, subject to paragraph (5), the service provider must confirm in writing to the trustees or managers of the specified scheme within 1 month beginning with 1st april 2018 that it is complying with the prohibition in regulation 11a(2) in relation to all members to whom paragraph (2a) applies. . 6 in paragraph (5) - a for "paragraph (2)" substitute "paragraphs (2) or (2b)"; and b for "paragraph (3)" substitute "paragraphs (3) or (3a)". 7 in paragraph (6), after "paragraph (3)" insert "or (3a)". amendment of regulation 11c 10 in regulation 11c(3) (member agreement for payments to advisers) , after "agreement for" insert "advice or". new regulations 13a to 13e 11 after regulation 13 (amendment of other regulations) insert - chapter 2 restrictions on early exit charges early exit charges 13a 1 for the purposes of this chapter an early exit charge in relation to a member of a relevant scheme is a charge which - a is imposed under the scheme or a relevant contract when a member who has reached normal minimum pension age takes the action mentioned in subsection (2); but b is only imposed, or only imposed to that extent, if the member takes that action before the member's normal pension age. 2 the action is the member taking benefits under the scheme, converting benefits under the scheme into different benefits or transferring benefits to another pension scheme. 3 for the purposes of this regulation - "normal minimum pension age" has the meaning given in section 279(1) of the finance act 2004 ; "normal pension age" means the earliest age at which, or the earliest occasion on which, the member is entitled to receive the benefit without adjustment for taking it early or late (disregarding any special provision as to early payment on the grounds of ill-health or otherwise and any administration charges ); and a reference to "benefits" includes any part or all of those benefits. prohibition of early exit charges 13b 1 this regulation applies to a member of a relevant scheme who joined that scheme on or after 1st october 2017. 2 service providers and trustees and managers of a relevant scheme must not impose an early exit charge, or permit such a charge to be imposed, on a member of the scheme to whom this regulation applies. limits on early exit charges 13c 1 this regulation applies to a member of a relevant scheme who joined that scheme before 1st october 2017. 2 service providers and trustees and managers of a relevant scheme must not impose, or permit to be imposed, on a member of the scheme to whom this regulation applies an early exit charge that exceeds the lower of - a 1% of the value of the member's benefits being taken, converted or transferred; or b such amount as was provided for under the scheme rules or a relevant contract as at 1st october 2017. 3 where no provision for an early exit charge was made under the scheme rules or a relevant contract as at 1st october 2017, service providers and trustees and managers of a relevant scheme must not impose an early exit charge, or permit such a charge to be imposed, on a member of the scheme to whom this regulation applies. 4 trustees and managers of a relevant scheme must not - a include provision in a relevant scheme for an early exit charge, where such provision did not exist on 1st october 2017; or b vary provision for an early exit charge in such a scheme to increase or potentially increase the charge. 5 nothing in this regulation permits an early exit charge to be imposed - a that is higher than the limits prescribed by regulation 6 (limits on charges) where that regulation applies; or b where section 33 of the pension schemes act 2017 (prohibition on increasing charges etc during triggering event period) applies. 6 nothing in regulation 6 permits - a an early exit charge which is lower than 0.75% of the value of the member's benefits being taken, converted or transferred, to be increased; or b an early exit charge to be imposed where one did not exist. 7 the value of a member's benefits in paragraphs (2)(a) and (6)(a) - a means the value calculated at the point when the trustee or manager of the scheme receives confirmation from the member of the instruction to take the action giving rise to the early exit charge; and b is to be calculated in accordance with guidance issued from time to time by the secretary of state. conflicting contract terms 13d regulations 13b and 13c override any term of a relevant contract to the extent that the term conflicts with those regulations. relevant information 13e 1 a service provider must confirm in writing to the trustees or managers of a relevant scheme that it is complying with the restrictions in regulations 13b and 13c within 1 month beginning with whichever is the later of - a 1st october 2017; or b the date on which the service provider becomes a service provider in relation to the relevant scheme. 2 the service provider must inform the trustees or managers of the relevant scheme in writing if the confirmation that it has given in compliance with paragraph (1) is no longer accurate as soon as practicable, and in any event within 1 month, beginning with the date on which that confirmation is no longer accurate. . review 12 1 the secretary of state must from time to time - a carry out a review of the regulatory provision made by the amendments in regulations 8 to 10 of these regulations; and b publish a report setting out the conclusions of the review. 2 the first report must be published before 6th april 2021. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a); b assess the extent to which those objectives are achieved; c assess whether those objectives remain appropriate; and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). signed by authority of the secretary of state for work and pensions guy opperman parliamentary under secretary of state department for work and pensions 19th july 2017

citation, commencement and effect 1 1 these regulations may be cited as the pension protection fund (modification) (amendment) regulations 2017 and come into force on 6th april 2017. 2 for the purposes of regulation 2(2) to (4), these regulations are to be treated as having effect from 6th april 2005. 3 the remaining provisions of these regulations take effect from 6th april 2017. amendment to the pension protection fund (compensation) regulations 2005 2 1 regulation 22 of the pension protection fund (compensation) regulations 2005 (application of compensation cap where compensation becomes payable on different dates) is amended as follows. 2 for sub-paragraph (6a) substitute, "where sub-paragraph (6b) or sub-paragraph (6ba) applies to a person, sub-paragraphs (6c) and (6d) apply (instead of sub-paragraph (1)) in relation to the entitlements referred to in the sub-paragraph which applies to him.". 3 for sub-paragraph (6b), substitute - 6b this sub-paragraph applies if - a a person becomes entitled to relevant compensation in respect of a benefit ("benefit a") that is attributable to a pension credit from a transferor; and b before the person becomes entitled to relevant compensation in respect of benefit a, he has become entitled to - i relevant compensation in respect of one or more other benefits under the scheme or a connected occupational pension scheme that are also attributable to a pension credit from the same transferor ("benefit or benefits c"); or ii one or more lump sums under the scheme or a relevant connected occupational pension scheme ("sum or sums l") that are also attributable to a pension credit from the same transferor. . 4 after sub-paragraph (6b) (as substituted by regulation 2(3) of these regulations), insert - 6ba this paragraph applies if - a a person becomes entitled to relevant compensation in respect of a benefit ("benefit a") that is attributable to the person's pensionable service; and b before the person becomes entitled to relevant compensation in respect of benefit a, he has become entitled to - i relevant compensation in respect of one or more other benefits under the scheme or a connected occupational pension scheme that are also attributable to his pensionable service ("benefit or benefits c"); or ii one or more lump sums under the scheme or a relevant connected occupational pension scheme ("sum or sums l") that are also attributable to his pensionable service. . 6bb for the purposes of sub-paragraphs (6b)(b)(ii) and (6ba)(b)(ii), a scheme is a relevant connected compensation pension scheme if it is an eligible scheme when the person becomes entitled to the relevant compensation in respect of benefit a. . 5 after sub-paragraph (6g) as inserted by regulation 22(3), insert - 6ga where sub-paragraph (6b) or (6ba) applies, "the compensation cap" has the meaning given by paragraph 26a, except that the reference in sub-paragraph (2) of that paragraph to the length of the person's pensionable service is to be treated as if it were a reference to the total length of the person's pensionable service at the time when he becomes entitled to the relevant compensation in respect of benefit a. . amendment to the pension protection fund (general and miscellaneous amendments) regulations 2006 3 in regulation 9a(3) of the pension protection fund (general and miscellaneous amendments) regulations 2006 ( ppf money purchase lump sums) , for "2,000" substitute "10,000". signed by authority of the secretary of state for work and pensions. richard harrington parliamentary under- secretary of state, department for work and pensions 8th march 2017

citation, commencement and extent 1 this order - a may be cited as the nhs business services authority (awdurdod gwasanaethau busnes y gig) (establishment and constitution) (amendment) order 2017; b comes into force on 1st november 2017; c extends to england and wales. amendment 2 in the nhs business services authority (awdurdod gwasanaethau busnes y gig) (establishment and constitution) order 2005 , at article 3 (functions of the authority), omit paragraphs (h), (i), (j) and (o). signed by authority of the secretary of state for health. o'shaughnessy parliamentary under-secretary of state, department of health 3rd october 2017 vaughan gething cabinet secretary for health, well-being and sport, one of the welsh ministers 2nd october 2017

citation and commencement 1 1 this order may be cited as the leeds (electoral changes) order 2017. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 the remainder of this order comes into force - a for the purpose of proceedings preliminary, or relating, to the election of councillors, on the day after the day on which it is made; b for all other purposes, on the ordinary day of election of councillors in england and wales in 2018. interpretation 2 1 in this order "the map" means the map marked "map referred to in the leeds (electoral changes) order 2017", held by the local government boundary commission for england . 2 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of the city of leeds and number of councillors 3 1 the existing wards of the city of leeds are abolished. 2 the city of leeds is divided into 33 wards as follows - a adel & wharfedale; b alwoodley; c ardsley & robin hood; d armley; e beeston & holbeck; f bramley & stanningley; g burmantofts & richmond hill; h calverley & farsley; i chapel allerton; j cross gates & whinmoor; k farnley & wortley; l garforth & swillington; m gipton & harehills; n guiseley & rawdon; o harewood; p headingley & hyde park; q horsforth; r hunslet & riverside; s killingbeck & seacroft; t kippax & methley; u kirkstall; v little london & woodhouse; w middleton park; x moortown; y morley north; z morley south; aa otley & yeadon; bb pudsey; cc rothwell; dd roundhay; ee temple newsam; ff weetwood; gg wetherby; 3 each ward comprises the area identified on the map by reference to the name of the ward. 4 three councillors are to be elected for each ward. elections of the council of the city of leeds 4 1 elections of all councillors for each ward of the city of leeds are to be held simultaneously on the ordinary day of election of councillors in 2018. 2 the councillors holding office for any ward abolished by article 3(1) immediately before the fourth day after the ordinary day of election of councillors in 2018 are to retire on that fourth day and the newly elected councillors are to come into office on that fourth day. 3 of the councillors elected for a ward in 2018, one is to retire on the fourth day after the ordinary day of election of councillors in 2019, one on the fourth day after the ordinary day of election of councillors in 2020 and one on the fourth day after the ordinary day of election of councillors in 2022. 4 of the councillors elected in 2018 - a the first to retire is to be the councillor elected by the smallest number of votes; and b the second to retire is to be the councillor elected by the next smallest number of votes. 5 in the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year is to be determined by lot. 6 if an election of councillors for any ward is not contested, the person to retire in each year is to be determined by lot. 7 an election to replace a councillor who retires under paragraph (3) is to be held on the ordinary day of election of councillors in the year in which the retirement is due to take place; and the newly elected councillors are to come into office on the fourth day after that day. 8 where under this article any question is to be determined by lot, the lot is to be drawn at the next practicable meeting of the council after the question has arisen and the drawing is to be conducted under the direction of the person presiding at the meeting. 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 interpretation 1 1 this order may be cited as the crime and courts act 2013 (commencement no. 17, transitional and savings provisions) order 2017. 2 in this order "the act" means the crime and courts act 2013. provisions coming into force on 13th march 2017 2 1 subject to articles 3 and 4, the following provisions of the act come into force on 13th march 2017 in relation to the local justice areas specified in paragraph (2) - a section 44 (dealing non-custodially with offenders), so far as relating to part 4 of schedule 16 to the act, and b part 4 of schedule 16 (electronic monitoring of offenders) . 2 the specified local justice areas are - a east london, and b north london. period for which the provisions of the act remain in force 3 subject to article 4, the provisions of the act brought into force by article 2 cease to be in force at the end of 12th march 2018. transitional and savings provisions 4 1 the provisions of the act brought into force by article 2 do not apply in relation to electronic monitoring requirements imposed by a court in accordance with section 215 of the criminal justice act 2003 in the areas specified in article 2(2) before 13th march 2017. 2 article 3 does not affect the continued application after 12th march 2018 of an electronic monitoring requirement imposed by a court in the areas specified in article 2(2) on or after 13th march 2017 and before or on 12th march 2018 and the provisions brought into force by article 2 shall continue to have effect after 12th march 2018 in relation to any such requirements imposed during that period. sam gyimah parliamentary under secretary of state ministry of justice 1st march 2017

citation and commencement 1 these regulations may be cited as the social security (miscellaneous amendments no. 2) regulations 2017 and come into force on 6th april 2017. amendment of the social security contributions (intermediaries) regulations 2000 2 1 the social security contributions (intermediaries) regulations 2000 are amended as follows. 2 before the heading in regulation 2 (interpretation) insert "part 1: intermediaries - general provisions". 3 in regulation 2(1) - a omit the definition of "arrangements", "client", "intermediary" and "worker", b after the definition of "the contributions regulations" insert ""cta 2010" means the corporation taxes act 2010 ;", c before the definition of "relevant benefit" insert ""public authority" has the meaning given by regulation 3a;" and d after the definition of "secondary contributor" insert ""statutory auditor" has the meaning given by part 42 of the companies act 2006 .". 4 after regulation 2(6) insert - 7 for the purposes of these regulations "connected" shall be construed in accordance with section 993 of the income tax act 2007 . 8 for the purposes of these regulations "controlled" shall be construed in accordance with section 995 of the income tax act 2007. . 5 after regulation 2 insert - definitions for the purposes of part 1 2a in this part - "arrangements" means the arrangements referred to in regulation 6(1)(b); "client" shall be construed in accordance with regulation 6(1)(b); "intermediary" has the meaning given by regulation 5; and "worker" means the individual referred to in regulation 6(1)(a). . 6 after regulation 3 (meaning of associate) insert - meaning of public authority 3a in these regulations "public authority" means - a a public authority as defined by the freedom of information act 2000 , b a scottish public authority as defined by the freedom of information (scotland) act 2002 , c the corporate officer of the house of commons, d the corporate officer of the house of lords, e the national assembly for wales commission, or f the northern ireland assembly commission. an authority within paragraph (a) or (b) is a public authority for the purposes of these regulations in relation to all its activities even if provisions of the act mentioned in that paragraph do not apply to all information held by the authority . 7 in regulation 5(1) (meaning of intermediary) replace "in these regulations" with "in this part". 8 at the end of regulation 5(6) for the words "or remoter forebear" to the end substitute "or child or remoter relation in the direct line, or brother or sister.". 9 in regulation 6(1) (provision of services through intermediary) replace "these regulations apply" with "this part applies". 10 after regulation 6(1)(a) insert - aa the client is not a public authority, . 11 after regulation 6(2)(b) insert - 2a holding office as a statutory auditor of the client does not count as the worker being the holder of an office with the client for the purposes of paragraph 6(2)(b). . 12 in regulation 9(1)(2) (multiple intermediaries-general) replace "these regulations apply" with "this part applies". 13 after regulation 12 (social security (categorisation of earners) regulations 1978-saving) insert - part 2 - intermediaries - worker's services provided to public authorities engagements to which this part applies 13 1 regulations 14 to 18 apply where - a an individual ("the worker") personally performs, or is under an obligation personally to perform, services for another person ("the client"), b the client is a public authority, c the services are provided not under a contract directly between the client and the worker but under arrangements involving a third party ("the intermediary"), and d the circumstances are such that - i if the services were provided under a contract directly between the client and the worker, the worker would be regarded for the purposes of parts i to v of the contributions and benefits act as employed in employed earner's employment by the client, or ii the worker is an office-holder who holds that office under the client and the services relate to that office. 2 the references in sub-paragraph (1)(c) to "third party" includes a partnership or unincorporated association of which the worker is a member. 3 the circumstances referred to in sub-paragraph (1)(d) includes the terms on which the services are provided, having regard to the terms of the contracts forming part of the arrangements under which the services are provided. 4 holding office as a statutory auditor of the client does not count as holding office under the client for the purposes of sub-paragraph (1)(d). worker treated as receiving earnings from employment 14 1 if one of conditions a to c in paragraphs (9) to (11) is met, identify the chain of two or more persons where - a the highest person in the chain is the client, b the lowest person in the chain is the intermediary, and c each person in the chain above the lowest makes a chain payment to the person immediately below them in the chain. (see regulation 21 for cases where one of conditions a to c is treated as being met). 2 in this part - a "chain payment" means a payment, or money's worth that can reasonably be taken to be for the worker's services to the client, b "make" in relation to a chain payment that is money's worth, means transfer, and c "the fee-payer" means the person in the chain immediately above the lowest. 3 the fee-payer is treated as making to the worker, and the worker is treated as receiving, a payment ("the deemed direct earnings") which is to be treated for the purposes of parts 1 to 5 of the contributions and benefits act as earnings from an employed earner's employment, but this is subject to paragraphs (5) to (7) and regulations 20 and 22. 4 the deemed direct earnings are treated as paid at the same time as the chain payment made by the fee-payer. 5 paragraphs (6) and (7) apply, subject to regulations 20 and 22, if the fee-payer - a is not the client, and b is not a qualifying person. 6 if there is no person in the chain below the highest and above the lowest who is a qualifying person, paragraphs (3) and (4) have effect as if for any reference to the fee-payer there were substituted a reference to the client. 7 otherwise, paragraphs (3) and (4) have effect as if for any reference to the fee-payer there were substituted a reference to the person in the chain who - a is above the lowest, b is a qualifying person, and c is lower in the chain than any other person in the chain who - i is above the lowest, and ii is a qualifying person. 8 in paragraphs (5) to (7) a "qualifying person" is a person who - a is resident in the united kingdom or has a place of business in the united kingdom, b is not a person who is controlled by - i the worker, alone or with one or more associates of the worker, or ii an associate of the worker, with or without other associates of the worker, and c if a company, is not one in which - i the worker, alone or with one or more associates of the worker, or ii an associate of the worker, with or without other associates of the worker, has a material interest (within the meaning given by section 51(4) and (5) of itepa 2003 (meaning of material interest)). 9 condition a is that - a the intermediary is a company, and b the conditions in regulation 15 are met in relation to the intermediary. 10 condition b is that - a the intermediary is a partnership, b the worker is a member of the partnership, c the provision of the services is by the worker as a member of the partnership, and d the condition in regulation 16 is met in relation to the intermediary. 11 condition c is that the intermediary is an individual. 12 where a payment or money's worth can reasonably be taken to be for both - a the worker's services to the client, and b anything else, then, for the purposes of this part, so much of it as can, on a just and reasonable apportionment, be taken to be for the worker's services is to be treated as (and the rest is to be treated as not being) a payment or money's worth, that can reasonably be taken to be for the worker's services. conditions where intermediary is a company 15 1 the conditions mentioned in regulation 14(9)(b) are that - a the intermediary is not an associated company of the client that falls within sub-paragraph (2), and b the worker has a material interest in the intermediary. 2 an associated company of the client falls within this paragraph if it is such a company by reason of the intermediary and the client being under the control - a of the worker, or b of the worker and other persons. 3 the worker is treated as having a material interest in the intermediary if - a the worker, alone or with one or more associates of the worker, or b an associate of the worker, with or without other associates of the worker, has a material interest in the intermediary. 4 for this purpose "material interest" has the meaning given by section 51(4) and (5) of itepa 2003. 5 in this regulation "associated company" has the meaning given by section 449 of cta 2010 . conditions where intermediary is a partnership 16 1 the condition mentioned in regulation 14(10)(d) is - a that the worker, alone or with one or more relatives, is entitled to 60 per cent or more of the profits of the partnership, or b that most of the profits of the partnership derive from the provision of services under engagements to which one or other of this part and part 1 applies - i to a single client, or ii to a single client together with associates of that client, or c that under the profit sharing arrangements the income of any of the partners is based on the amount of income generated by that partner by the provision of services under engagements to which one or other of this part and part 1 applies. 2 in sub-paragraph (1)(a) "relative" means spouse or civil partner, parent or child or remoter relation in the direct line, or brother or sister. 3 for the purposes of this regulation section 61(4) and (5) of itepa 2003 apply as they apply for the purposes of chapter 8 of that act. calculation of deemed direct earnings 17 1 the amount of the deemed direct earnings is the amount resulting from the following steps - step 1 identify the amount or value of the chain payment made by the person who is treated as making the deemed direct earnings, and deduct from that amount so much of it (if any) as is in respect of value added tax. step 2 deduct, from the amount resulting from step 1, so much of that amount as represents the direct cost to the intermediary of materials used, or to be used, in the performance of the services. step 3 deduct, at the option of the person treated as making the deemed direct earnings, from the amount resulting from step 2, so much of that amount as represents expenses met by the intermediary that under itepa 2003 would have been deductible from the taxable earnings of the employment under section 10 itepa 2003 , in accordance with section 327(3) to (5) of that act , if - a the worker had been employed by the client, and b the expenses had been met by the worker out of those earnings. step 4 if the amount resulting from the preceding steps is nil or negative, there are no deemed direct earnings. otherwise, that amount is the amount of the deemed direct earnings. 2 for the purposes of step 1 of paragraph (1), exclude amounts on which class 1 or class 1a contributions are payable by virtue of regulation 3 or 4 of the social security contributions (limited liability partnership) regulations 2014 . 3 in paragraph (1), the reference to the amount or value of the chain payment means the amount or value of that payment before the deduction (if any) permitted under regulation 19. 4 if the actual amount or value of the chain payment mentioned in step 1 of paragraph (1) is such that its recipient bears the cost of amounts due under the income tax (pay as you earn) regulations 2003 or the contributions regulations in respect of the deemed direct earnings, that step applies as if the amount or value of the chain payment were what it would be if the burden of that cost were not being passed on through the setting of the level of the payment. 5 in step 3 of paragraph (1), the reference to "expenses met by the intermediary" includes - a expenses met by the worker and reimbursed by the intermediary, and b where the intermediary is a partnership and the worker is a member of the partnership, expenses met by the worker for and on behalf of the partnership. 6 the deemed direct earnings are to be assessed on the amount of such earnings paid, or treated as paid, in the earnings period specified in regulations 3 to 6 or 8 of the contributions regulations. 7 for the purposes of paragraph (6), the definition of "regular interval" in regulation 1(2) of the contributions regulations is to be read as if "employed earner" were replaced with "intermediary" and the words "of earnings" were deleted. application of social security contributions and benefits act 1992 to deemed employment 18 1 this regulation applies where deemed direct earnings are treated as having been paid in any tax year under regulation 14. 2 for the purposes of parts 1 to 5 of the contributions and benefits act - a the amount of any deemed direct earnings calculated under regulation 17 shall be treated as remuneration derived from an employed earner's employment, b the worker shall be treated, in relation to the deemed direct earnings as employed in employed earner's employment by the person treated as making the payment of deemed direct earnings, c the services were performed, or are to be performed, by the worker in the course of performing the duties of that employment, and d the person treated as making the payment of deemed direct earnings shall be treated as the secondary contributor in relation to the deemed direct earnings. deductions from chain payments 19 1 this regulation applies if, as a result of regulation 18, a person who is treated as making a payment of deemed direct earnings is required under the contributions regulations to pay primary class 1 contributions to the commissioners for her majesty's revenue and customs (the commissioners) in respect of the payment. (but see paragraph (4)). 2 the person may deduct from the underlying chain payment an amount which is equal to the amount payable to the commissioners in respect of primary class 1 contributions, but where the amount or value of the underlying chain payment is treated by regulation 17(4) as increased by the cost of any amount due under the contributions regulations, the amount that may be deducted is limited to the difference (if any) between the amount of primary class 1 contributions payable to the commissioners and the amount of that increase. 3 where a person in the chain other than the intermediary receives a chain payment from which an amount has been deducted in reliance on paragraph (2) or this paragraph, that person may deduct the same amount from the chain payment made by them. 4 this regulation does not apply in a case to which regulation 22(2) applies. 5 in paragraph (2) "the underlying chain payment" means the chain payment whose amount is used at step 1 of regulation 17(1) as the starting point for calculating the amount of the deemed direct earnings. information to be provided by clients and consequences of failure 20 1 if the conditions in regulation 13(1)(a) to (c) are met in any case, and a person as part of the arrangements mentioned in regulation 13(1)(c) enters into a contract with the client, the client must inform that person (in the contract or otherwise) of which one of the following is applicable - a the client has concluded that the condition in regulation 13(1)(d) is met in the case; b the client has concluded that the condition in regulation 13(1)(d) is not met in the case. 2 if the contract is entered into on or after 6th april 2017, the duty under paragraph (1) must be complied with - a on or before the time of entry into the contract, or b if the services begin to be performed at a later time, before that later time. 3 if the contract is entered into before 6th april 2017, the duty under paragraph (1) must be complied with on or before the date the first payment is made under the contract on or after 6th april 2017. 4 if the information which paragraph (1) requires the client to give to a person has been given (whether in the contract, as required by paragraph (2) or (3) or otherwise), the client must, on a written request by the person, provide the person with a written response to any questions raised by the person about the client's reasons for reaching the conclusion identified in the information. 5 a response required by paragraph (4) must be provided before the end of 31 days beginning with the day the request for it is received by the client. 6 if - a the client fails to comply with the duty under paragraph (1) within the time allowed by paragraph (2) or (3), or b the client fails to provide a response required by paragraph (4) within the time allowed by paragraph (5), or c the client complies with the duty under paragraph (1) but fails to take reasonable care in coming to its conclusion as to whether the condition in regulation 13(1)(d) is met in the case, regulations 14(3) and (4) have effect in the case as if for any reference to the fee-payer there were substituted a reference to the client, but this is subject to regulation 22. information to be provided by worker and consequences of failure 21 1 in the case of an engagement to which this part applies, the worker must inform the potential deemed employer of which one of the following is applicable - a that one of conditions a to c in regulation 14 is met in the case, b that none of conditions a to c in regulation 14 is met in the case. 2 if the worker has not complied with paragraph (1), then for the purposes of regulation 14(1), one of conditions a to c in regulation 14 is to be treated as met. 3 in this regulation, "the potential deemed employer" is the person who, if one of conditions a to c in regulation 14 were met, would be treated as making a payment of deemed direct earnings to the worker under regulation 14(3). consequences of providing fraudulent information 22 1 paragraph (2) applies if in any case - a a person ("the deemed employer") would, but for this paragraph, be treated by regulation 14(3) as making a payment to another person ("the services-provider"), and b the fraudulent documentation condition is met. 2 regulation 14(3) has effect in the case as if the reference to the fee-payer were a reference to the services-provider, but a regulation 14(4) continues to have effect as if the reference to the fee-payer were a reference to the deemed employer, and b step 1 of regulation 17(1) continues to have effect as referring to the chain payment to be made by the deemed employer. 3 paragraph (2) has effect even though that involves the services-provider being treated as both employer and employee in relation to the deemed employment under regulation 14(3). 4 "the fraudulent documentation condition" is that a relevant person provided any person with a fraudulent document intended to constitute evidence - a that the case is not an engagement to which this part applies, or b that none of the conditions a to c in regulation 14 is met in the case. 5 for the purposes of this regulation a "relevant person" is - a the services-provider, b a person connected with the services-provider, c if the intermediary in the case is a company, an office-holder in that company. prevention of double liability to national insurance contributions and allowance of certain deductions 23 1 paragraph (2) applies where - a a person ("the payee") receives a payment ("the end-of-line remuneration") from another person ("the paying intermediary"), b the end-of-line remuneration can reasonably be taken to represent remuneration for services of the payee to a public authority, c a payment ("the deemed payment") has been treated by regulation 14(3) as paid to the payee, d the underlying chain payment can reasonably be taken to be for the same services of the payee to that public authority, and e the recipient of the underlying chain payment has (whether by deduction from that payment or otherwise) borne the cost of any amounts due, under income tax (pay as you earn) regulations 2003 and contributions regulations in respect of the deemed payment from the person treated by regulation 14(3) as making the deemed payment. 2 for national insurance contributions purposes, the paying intermediary may treat the amount of the end-of-line remuneration as reduced (but not below nil) by the amount (see regulation 17) of the deemed payment less the amount of income tax and primary class 1 national insurance contributions deducted from that amount. 3 nothing in paragraph (2) shall be read as removing a worker's entitlement to statutory maternity pay which would have existed but for the operation of that paragraph. 4 in sub-paragraph (1)(d) "the underlying chain payment" means the chain payment whose amount is used at step 1 of regulation 17(1) as the starting point for calculating the amount of the deemed direct earnings. . amendment of the social security contributions (intermediaries) (northern ireland) regulations 2000 3 1 the social security contributions (intermediaries) (northern ireland) regulations 2000 are amended as follows. 2 before the heading in regulation 2 (interpretation) insert "part 1: intermediaries - general provisions". 3 in regulation 2(1) - a omit the definition of "arrangements", "client", "intermediary" and "worker", b after the definition of "the contributions regulations" insert ""cta 2010" means the corporation taxes act 2010 ;", c before the definition of "relevant benefit" insert ""public authority" has the meaning given by regulation 3a;", and d after the definition of "secondary contributor" insert ""statutory auditor" has the meaning given by part 42 of the companies act 2006 .". 4 after regulation 2(6) insert - 7 for the purposes of these regulations "connected" shall be construed in accordance with section 993 of the income tax act 2007 . 8 for the purposes of these regulations "controlled" shall be construed in accordance with section 995 of the income tax act 2007. . 5 after regulation 2 insert - definitions for the purposes of part 1 2a in this part - "arrangements" means the arrangements referred to in regulation 6(1)(b); "client" shall be construed in accordance with regulation 6(1)(b); "intermediary" has the meaning given by regulation 5; and "worker" means the individual referred to in regulation 6(1)(a). . 6 after regulation 3 (meaning of associate) insert - meaning of public authority 3a in these regulations "public authority" means - a a public authority as defined by the freedom of information act 2000 , b a scottish public authority as defined by the freedom of information (scotland) act 2002 , c the corporate officer of the house of commons, d the corporate officer of the house of lords, e the national assembly for wales commission, or f the northern ireland assembly commission. an authority within paragraph (a) or (b) is a public authority for the purposes of these regulations in relation to all its activities even if provisions of the act mentioned in that paragraph do not apply to all information held by the authority . 7 in regulation 5(1) (meaning of intermediary) replace "in these regulations" with "in this part". 8 at the end of regulation 5(6) for the words "or remoter forebear" to the end substitute "or child or remoter relation in the direct line, or brother or sister.". 9 in regulation 6(1) (provision of services through intermediary) replace "these regulations apply" with "this part applies". 10 after regulation 6(1)(a) insert "(aa) the client is not a public authority,". 11 after regulation 6(2)(b) insert - 2a holding office as a statutory auditor of the client does not count as the worker being the holder of an office with the client for the purposes of paragraph 6(2)(b)". 12 in regulation 9(1)(2) (multiple intermediaries-general) replace "these regulations apply" with "this part applies". 13 after regulation 12 (social security (categorisation of earners) regulations 1978-saving) insert - part 2 - intermediaries - worker's services provided to public authorities engagements to which this part applies 13 1 regulations 14 to 18 apply where - a an individual ("the worker") personally performs, or is under an obligation personally to perform, services for another person ("the client"), b the client is a public authority, c the services are provided not under a contract directly between the client and the worker but under arrangements involving a third party ("the intermediary"), and d the circumstances are such that - i if the services were provided under a contract directly between the client and the worker, the worker would be regarded for the purposes of parts i to v of the contributions and benefits act as employed in employed earner's employment by the client, or ii the worker is an office-holder who holds that office under the client and the services relate to that office. 2 the references in sub-paragraph (1)(c) to "third party" includes a partnership or unincorporated association of which the worker is a member. 3 the circumstances referred to in sub-paragraph (1)(d) includes the terms on which the services are provided, having regard to the terms of the contracts forming part of the arrangements under which the services are provided. 4 holding office as a statutory auditor of the client does not count as holding office under the client for the purposes of sub-paragraph (1)(d). worker treated as receiving earnings from employment 14 1 if one of conditions a to c in paragraphs (9) to (11) is met, identify the chain of two or more persons where - a the highest person in the chain is the client, b the lowest person in the chain is the intermediary, and c each person in the chain above the lowest makes a chain payment to the person immediately below them in the chain. (see regulation 21 for cases where one of conditions a to c is treated as being met). 2 in this part - a "chain payment" means a payment, or money's worth that can reasonably be taken to be for the worker's services to the client, b "make" in relation to a chain payment that is money's worth, means transfer, and c "the fee-payer" means the person in the chain immediately above the lowest. 3 the fee-payer is treated as making to the worker, and the worker is treated as receiving, a payment ("the deemed direct earnings") which is to be treated for the purposes of parts 1 to 5 of the contributions and benefits act as earnings from an employed earner's employment, but this is subject to paragraphs (5) to (7) and regulations 20 and 22. 4 the deemed direct earnings are treated as paid at the same time as the chain payment made by the fee-payer. 5 paragraphs (6) and (7) apply, subject to regulations 20 and 22, if the fee-payer - a is not the client, and b is not a qualifying person. 6 if there is no person in the chain below the highest and above the lowest who is a qualifying person, paragraphs (3) and (4) have effect as if for any reference to the fee-payer there were substituted a reference to the client. 7 otherwise, paragraphs (3) and (4) have effect as if for any reference to the fee-payer there were substituted a reference to the person in the chain who - a is above the lowest, b is a qualifying person, and c is lower in the chain than any other person in the chain who - i is above the lowest, and ii is a qualifying person. 8 in paragraphs (5) to (7) a "qualifying person" is a person who - a is resident in the united kingdom or has a place of business in the united kingdom, b is not a person who is controlled by - i the worker, alone or with one or more associates of the worker, or ii an associate of the worker, with or without other associates of the worker, and c if a company, is not one in which - i the worker, alone or with one or more associates of the worker, or ii an associate of the worker, with or without other associates of the worker, has a material interest (within the meaning given by section 51(4) and (5) of itepa 2003 (meaning of material interest)). 9 condition a is that - a the intermediary is a company, and b the conditions in regulation 15 are met in relation to the intermediary. 10 condition b is that - a the intermediary is a partnership, b the worker is a member of the partnership, c the provision of the services is by the worker as a member of the partnership, and d the condition in regulation 16 is met in relation to the intermediary. 11 condition c is that the intermediary is an individual. 12 where a payment or money's worth can reasonably be taken to be for both - a the worker's services to the client, and b anything else, then, for the purposes of this part, so much of it as can, on a just and reasonable apportionment, be taken to be for the worker's services is to be treated as (and the rest is to be treated as not being) a payment or money's worth, that can reasonably be taken to be for the worker's services. conditions where intermediary is a company 15 1 the conditions mentioned in regulation 14(9)(b) are that - a the intermediary is not an associated company of the client that falls within sub-paragraph (2), and b the worker has a material interest in the intermediary. 2 an associated company of the client falls within this paragraph if it is such a company by reason of the intermediary and the client being under the control - a of the worker, or b of the worker and other persons. 3 the worker is treated as having a material interest in the intermediary if - a the worker, alone or with one or more associates of the worker, or b an associate of the worker, with or without other associates of the worker, has a material interest in the intermediary. 4 for this purpose "material interest" has the meaning given by section 51(4) and (5) of itepa 2003. 5 in this regulation "associated company" has the meaning given by section 449 of cta 2010 . conditions where intermediary is a partnership 16 1 the condition mentioned in regulation 14(10)(d) is - a that the worker, alone or with one or more relatives, is entitled to 60 per cent or more of the profits of the partnership, or b that most of the profits of the partnership derive from the provision of services under engagements to which one or other of this part and part 1 applies - i to a single client, or ii to a single client together with associates of that client, or c that under the profit sharing arrangements the income of any of the partners is based on the amount of income generated by that partner by the provision of services under engagements to which one or other of this part and part 1 applies. 2 in sub-paragraph (1)(a) "relative" means spouse or civil partner, parent or child or remoter relation in the direct line, or brother or sister. 3 for the purposes of this regulation section 61(4) and (5) of itepa 2003 apply as they apply for the purposes of chapter 8 of that act. calculation of deemed direct earnings 17 1 the amount of the deemed direct earnings is the amount resulting from the following steps - step 1 identify the amount or value of the chain payment made by the person who is treated as making the deemed direct earnings, and deduct from that amount so much of it (if any) as is in respect of value added tax. step 2 deduct, from the amount resulting from step 1, so much of that amount as represents the direct cost to the intermediary of materials used, or to be used, in the performance of the services. step 3 deduct, at the option of the person treated as making the deemed direct earnings, from the amount resulting from step 2, so much of that amount as represents expenses met by the intermediary that under itepa 2003 would have been deductible from the taxable earnings of the employment under section 10 itepa 2003 , in accordance with section 327(3) to (5) of that act , if - a the worker had been employed by the client, and b the expenses had been met by the worker out of those earnings. step 4 if the amount resulting from the preceding steps is nil or negative, there are no deemed direct earnings. otherwise, that amount is the amount of the deemed direct earnings. 2 for the purposes of step 1 of paragraph (1), exclude amounts on which class 1 or class 1a contributions are payable by virtue of regulation 3 or 4 of the social security contributions (limited liability partnership) regulations 2014 . 3 in paragraph (1), the reference to the amount or value of the chain payment means the amount or value of that payment before the deduction (if any) permitted under regulation 19. 4 if the actual amount or value of the chain payment mentioned in step 1 of paragraph (1) is such that its recipient bears the cost of amounts due under the income tax (pay as you earn) regulations 2003 or the contributions regulations in respect of the deemed direct earnings, that step applies as if the amount or value of the chain payment were what it would be if the burden of that cost were not being passed on through the setting of the level of the payment. 5 in step 3 of paragraph (1), the reference to "expenses met by the intermediary" includes - a expenses met by the worker and reimbursed by the intermediary, and b where the intermediary is a partnership and the worker is a member of the partnership, expenses met by the worker for and on behalf of the partnership. 6 the deemed direct earnings are to be assessed on the amount of such earnings paid, or treated as paid, in the earnings period specified in regulations 3 to 6 or 8 of the contributions regulations. 7 for the purposes of paragraph (6), the definition of "regular interval" in regulation 1(2) of the contributions regulations is to be read as if "employed earner" were replaced with "intermediary" and the words "of earnings" were deleted. application of social security contributions and benefits (northern ireland) act 1992 to deemed employment 18 1 this regulation applies where deemed direct earnings are treated as having been paid in any tax year under regulation 14. 2 for the purposes of parts 1 to 5 of the contributions and benefits act - a the amount of any deemed direct earnings calculated under regulation 17 shall be treated as remuneration derived from an employed earner's employment, b the worker shall be treated, in relation to the deemed direct earnings as employed in employed earner's employment by the person treated as making the payment of deemed direct earnings, c the services were performed, or are to be performed, by the worker in the course of performing the duties of that employment, and d the person treated as making the payment of deemed direct earnings shall be treated as the secondary contributor in relation to the deemed direct earnings. deductions from chain payments 19 1 this regulation applies if, as a result of regulation 18, a person who is treated as making a payment of deemed direct earnings is required under the contributions regulations to pay primary class 1 contributions to the commissioners for her majesty's revenue and customs (the commissioners) in respect of the payment. (but see paragraph (4)). 2 the person may deduct from the underlying chain payment an amount which is equal to the amount payable to the commissioners in respect of primary class 1 contributions, but where the amount or value of the underlying chain payment is treated by regulation 17(4) as increased by the cost of any amount due under the contributions regulations, the amount that may be deducted is limited to the difference (if any) between the amount of primary class 1 contributions payable to the commissioners and the amount of that increase. 3 where a person in the chain other than the intermediary receives a chain payment from which an amount has been deducted in reliance on paragraph (2) or this paragraph, that person may deduct the same amount from the chain payment made by them. 4 this regulation does not apply in a case to which regulation 22(2) applies. 5 in paragraph (2) "the underlying chain payment" means the chain payment whose amount is used at step 1 of regulation 17(1) as the starting point for calculating the amount of the deemed direct earnings. information to be provided by clients and consequences of failure 20 1 if the conditions in regulation 13(1)(a) to (c) are met in any case, and a person as part of the arrangements mentioned in regulation 13(1)(c) enters into a contract with the client, the client must inform that person (in the contract or otherwise) of which one of the following is applicable - a the client has concluded that the condition in regulation 13(1)(d) is met in the case; b the client has concluded that the condition in regulation 13(1)(d) is not met in the case. 2 if the contract is entered into on or after 6th april 2017, the duty under paragraph (1) must be complied with - a on or before the time of entry into the contract, or b if the services begin to be performed at a later time, before that later time. 3 if the contract is entered into before 6th april 2017, the duty under paragraph (1) must be complied with on or before the date the first payment is made under the contract on or after 6th april 2017. 4 if the information which paragraph (1) requires the client to give to a person has been given (whether in the contract, as required by paragraph (2) or (3) or otherwise), the client must, on a written request by the person, provide the person with a written response to any questions raised by the person about the client's reasons for reaching the conclusion identified in the information. 5 a response required by paragraph (4) must be provided before the end of 31 days beginning with the day the request for it is received by the client. 6 if - a the client fails to comply with the duty under paragraph (1) within the time allowed by paragraph (2) or (3), or b the client fails to provide a response required by paragraph (4) within the time allowed by paragraph (5), or c the client complies with the duty under paragraph (1) but fails to take reasonable care in coming to its conclusion as to whether the condition in regulation 13(1)(d) is met in the case, regulations 14(3) and (4) have effect in the case as if for any reference to the fee-payer there were substituted a reference to the client, but this is subject to regulation 22. information to be provided by worker and consequences of failure 21 1 in the case of an engagement to which this part applies, the worker must inform the potential deemed employer of which one of the following is applicable - a that one of conditions a to c in regulation 14 is met in the case, b that none of conditions a to c in regulation 14 is met in the case. 2 if the worker has not complied with paragraph (1), then for the purposes of regulation 14(1), one of conditions a to c in regulation 14 is to be treated as met. 3 in this regulation, "the potential deemed employer" is the person who, if one of conditions a to c in regulation 14 were met, would be treated as making a payment of deemed direct earnings to the worker under regulation 14(3). consequences of providing fraudulent information 22 1 paragraph (2) applies if in any case - a a person ("the deemed employer") would, but for this paragraph, be treated by regulation 14(3) as making a payment to another person ("the services-provider"), and b the fraudulent documentation condition is met. 2 regulation 14(3) has effect in the case as if the reference to the fee-payer were a reference to the services-provider, but a regulation 14(4) continues to have effect as if the reference to the fee-payer were a reference to the deemed employer, and b step 1 of regulation 17(1) continues to have effect as referring to the chain payment to be made by the deemed employer. 3 paragraph (2) has effect even though that involves the services-provider being treated as both employer and employee in relation to the deemed employment under regulation 14(3). 4 "the fraudulent documentation condition" is that a relevant person provided any person with a fraudulent document intended to constitute evidence - a that the case is not an engagement to which this part applies, or b that none of the conditions a to c in regulation 14 is met in the case. 5 for the purposes of this regulation a "relevant person" is - a the services-provider, b a person connected with the services-provider, c if the intermediary in the case is a company, an office-holder in that company. prevention of double liability to national insurance contributions and allowance of certain deductions 23 1 paragraph (2) applies where - a a person ("the payee") receives a payment ("the end-of-line remuneration") from another person ("the paying intermediary"), b the end-of-line remuneration can reasonably be taken to represent remuneration for services of the payee to a public authority, c a payment ("the deemed payment") has been treated by regulation 14(3) as paid to the payee, d the underlying chain payment can reasonably be taken to be for the same services of the payee to that public authority, and e the recipient of the underlying chain payment has (whether by deduction from that payment or otherwise) borne the cost of any amounts due, under income tax (pay as you earn) regulations 2003 and contributions regulations in respect of the deemed payment from the person treated by regulation 14(3) as making the deemed payment. 2 for national insurance contributions purposes, the paying intermediary may treat the amount of the end-of-line remuneration as reduced (but not below nil) by the amount (see regulation 17) of the deemed payment less the amount of income tax and primary class 1 national insurance contributions deducted from that amount. 3 nothing in paragraph (2) shall be read as removing a worker's entitlement to statutory maternity pay which would have existed but for the operation of that paragraph. 14 in sub-paragraph (1)(d) "the underlying chain payment" means the chain payment whose amount is used at step 1 of regulation 17(1) as the starting point for calculating the amount of the deemed direct earnings.". amendment of the social security (contributions) regulations 2001 4 1 the social security (contributions) regulations 2001 are amended as follows. 2 in paragraph 3zb (travel for necessary attendance: employment intermediaries) of part 8 of schedule 3 (travelling, relocation and other expenses and allowances of the employment) in the calculation of earnings-related contributions after sub-paragraph (6c) insert - 6d sub-paragraph (3) does not apply in relation to an engagement if - a regulations 14 to 18 of the social security contributions (intermediaries) regulations 2000 apply in relation to the engagement, b one of conditions a to c in regulation 14 of those regulations is met in relation to the employment intermediary, and c the employment intermediary is not a managed service company. 6e this paragraph does not apply in relation to an engagement if - a regulations 14 to 18 of the social security contributions (intermediaries) regulations 2000 do not apply in relation to the engagement because the circumstances in regulation 13(1)(d) of those regulations are not met, b assuming those circumstances were met, one of conditions a to c in regulation 14 of those regulations would be met in relation to the employment intermediary, and c the employment intermediary is not a managed service company. 6f in determining for the purposes of sub-paragraph (6d) or (6e) whether one of conditions a to c in regulation 14 is or would be met in relation to the employment intermediary, read references to the intermediary as references to the employment intermediary. . 3 in paragraph 7 (calculation of deduction) of part 2 of schedule 4 (deduction of earnings-related contributions), after sub-paragraph (1) insert - 1a on making any chain payment the fee-payer may deduct the amount of earnings related contributions calculated by reference to the deemed direct earnings which the fee-payer is liable to pay. . robert syms andrew griffiths two of the lords commissioners of her majesty's treasury 13th march 2017 the secretary of state concurs as indicated in the preamble. signed by authority of the secretary of state for work and pensions richard harrington minister of state department of works and pensions 13th march 2017 the department for communities concurs as indicated in the preamble. sealed with the official seal of the department for communities on anne mccleary a senior officer of the department for communities 10th march 2017

citation and commencement 1 these regulations may be cited as the social security (emergency funds) (amendment) regulations 2017 and come into force on 19th june 2017. amendment of the income support (general) regulations 1987 2 1 the income support (general) regulations 1987 are amended as follows. 2 in regulation 2(1) (interpretation) - a after the definition of "the london bombings relief charitable fund" insert - "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; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund"; c after the definition of "water charges" insert - "the we love manchester emergency fund" means the registered charity of that name (number 1173260) established on 30th may 2017; . 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund" - 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 paragraph 22(1) and (7) of schedule 10 (capital to be disregarded). amendment of the jobseeker's allowance regulations 1996 3 1 the jobseeker's allowance regulations 1996 are amended as follows. 2 in regulation 1(3) (interpretation) - a after the definition of "london bombings relief charitable fund" insert - "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; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund"; c after the definition of "water charges" insert - "the we love manchester emergency fund" means the registered charity of that name (number 1173260) established on 30th may 2017; . 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund" - 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 paragraph 27(1) of schedule 8 (capital to be disregarded). amendment of the state pension credit regulations 2002 4 1 the state pension credit regulations 2002 are amended as follows. 2 in regulation 1(2) (interpretation) - a after the definition of "the london bombings relief charitable fund" insert - "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; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund"; c after the definition of "water charges" insert - "the we love manchester emergency fund" means the registered charity of that name (number 1173260) established on 30th may 2017; . 3 in both of the following provisions, after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund" - a paragraph 14(8)(b) of schedule 2 (housing costs); b paragraph 15(1) and (7) of schedule 5 (income from capital). amendment of the social fund maternity and funeral expenses (general) regulations 2005 5 in regulation 10 of the social fund maternity and funeral expenses (general) regulations 2005 (deductions from an award of a funeral payment) - a in paragraph (2) - i at the end of sub-paragraph (i) omit "or"; ii after sub-paragraph (j) add - k the london emergencies trust, or l the we love manchester emergency fund, ; b in paragraph (3), after "the london bombings relief charitable fund" insert ", the london emergencies trust, the we love manchester emergency fund". amendment of the housing benefit regulations 2006 6 1 the housing benefit regulations 2006 are amended as follows. 2 in regulation 2(1) (interpretation) - a after the definition of "the london bombings relief charitable fund" insert - "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; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund"; c after the definition of "water charges" insert - "the we love manchester emergency fund" means the registered charity of that name (number 1173260) established on 30th may 2017; . 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund" - 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 paragraph 35(1) and (7) of schedule 5 (sums to be disregarded in the calculation of income); g paragraph 24(1) and (7) of schedule 6 (capital to be disregarded). 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 2(1) (interpretation) - a after the definition of "the london bombings relief charitable fund" insert - "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; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund"; c after the definition of "water charges" insert - "the we love manchester emergency fund" means the registered charity of that name (number 1173260) established on 30th may 2017; . 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund" - 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 generally). amendment of the employment and support allowance regulations 2008 8 1 the employment and support allowance regulations 2008 are amended as follows. 2 in regulation 2(1) (interpretation) - a after the definition of "london bombings relief charitable fund", insert - "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; ; b in the definition of "qualifying person", after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund"; c after the definition of "water charges", insert - "the we love manchester emergency fund" means the registered charity of that name (number 1173260) established on 30th may 2017; . 3 in each of the following provisions, after "the scottish infected blood support scheme" insert ", the london emergencies trust, the we love manchester emergency fund" - a regulation 107(5)(a) (notional income); 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 paragraph 27(1) and (7) of schedule 9 (capital to be disregarded). amendment of the universal credit regulations 2013 9 in regulation 76(1)(a) of the universal credit regulations 2013 (special schemes for compensation etc. ) - a in the introductory words, after "compensation", insert "or support", b at the end of paragraph (iii) omit "or", and c after that paragraph insert - iv the terrorist attacks in london on 22nd march 2017 or 3rd june 2017, v the bombing in manchester on 22nd may 2017; or . david gauke secretary of state department for work and pensions 15th june 2017

citation and commencement 1 these regulations may be cited as the non-domestic rating (renewable energy projects) (amendment) regulations 2017 and come into force on 14th december 2017. amendment of the non-domestic rating (renewable energy projects) regulations 2013 2 the non-domestic rating (renewable energy projects) regulations 2013 are amended as follows. amendment of regulation 7 3 in regulation 7 (class b: existing renewable power stations) - a for paragraph (2)(c) substitute - c the rateable value for the hereditament - i for a day falling within the period beginning on 1st april 2013 and ending on 31st march 2018, is greater than the rateable value of that hereditament for 31st march 2013; ii for a day on or after 1st april 2018, is greater than the amount calculated in accordance with the formula - x y y 1 where - x is the rateable value shown for the hereditament in a local non-domestic rating list for 31st march 2013; y is the rateable value shown for the hereditament in a local non-domestic rating list for 1st april 2017; y1 is the rateable value shown for the hereditament in a local non-domestic rating list for 31st march 2017. ; and b after paragraph (2) insert - 3 for a hereditament to which regulation 19 (change in rateable value on 1st april 2017) applies, this regulation has effect subject to the modification made by that provision. . amendment of regulation 8 4 in regulation 8 (class c: renewable power stations created from class b hereditaments) - a for paragraph (2)(c) substitute - c the rateable value for the hereditament - i for a day falling within the period beginning on 1st april 2013 and ending on 31st march 2018, is greater than the notional 31st march 2013 rateable value in respect of that hereditament determined in accordance with schedule 1 or 2 (as the case may be); ii for a day on or after 1st april 2018, is greater than the amount calculated in accordance with the formula - z y y 1 where - z is the notional 31st march 2013 rateable value in respect of the hereditament determined in accordance with schedule 1 or 2 (as the case may be); y is the rateable value shown for the hereditament in a local non-domestic rating list for 1st april 2017; y1 is the rateable value shown for the hereditament in a local non-domestic rating list for 31st march 2017; and ; and b after paragraph (2) insert - 3 for a hereditament to which regulation 19 (change in rateable value on 1st april 2017) applies, this regulation has effect subject to the modification made by that provision. . amendment of regulation 15 5 1 the existing provisions of regulation 15 (calculation of the amount to be disregarded: class b) become paragraph (1) of that regulation, and in that paragraph - a for the formula substitute - ( e ( f g ) ) ( ( h j ) / h ) ; and b for the definition of "j" substitute - j is - for a day falling within the period beginning on 1st april 2013 and ending on 31st march 2017, the rateable value shown for the hereditament in a local non-domestic rating list for 31st march 2013; for a day on or after 1st april 2017, the amount calculated in accordance with the formula - x y y 1 where - x is the rateable value shown for the hereditament in a local non-domestic rating list for 31st march 2013; y is the rateable value shown for the hereditament in a local non-domestic rating list for 1st april 2017; y1 is the rateable value shown for the hereditament in a local non-domestic rating list for 31st march 2017. . 2 after paragraph (1) insert - 2 for a hereditament to which regulation 19 (change in rateable value on 1st april 2017) applies, this regulation has effect subject to the modification made by that provision. . amendment of regulation 16 6 1 the existing provisions of regulation 16 (calculation of the amount to be disregarded: class c) become paragraph (1) of that regulation, and in that paragraph - a for the formula substitute - ( e ( k l ) ) ( ( h m ) / h ) ; and b for the definition of "m" substitute - m is - for a day falling within the period beginning on 1st april 2013 and ending on 31st march 2017, the notional 31st march 2013 rateable value in respect of the hereditament determined in accordance with schedule 1 or 2 (as the case may be); for a day on or after 1st april 2017, the amount calculated in accordance with the formula - z y y 1 where - z is the notional 31st march 2013 rateable value in respect of the hereditament determined in accordance with schedule 1 or 2 (as the case may be); y is the rateable value shown for the hereditament in a local non-domestic rating list for 1st april 2017; y1 is the rateable value shown for the hereditament in a local non-domestic rating list for 31st march 2017. . 2 after paragraph (1) insert - 2 for a hereditament to which regulation 19 (change in rateable value on 1st april 2017) applies, this regulation has effect subject to the modification made by that provision. . amendment of regulation 17 7 in regulation 17 (calculation of the amount to be disregarded: class d), for the formula substitute - ( e ( n p ) ) ( q / h ) . amendment of regulation 18 8 in regulation 18 (calculation of the amount to be disregarded: class e), for the formula substitute - ( e ( n p ) ) ( q / h ) . insertion of regulation 19 9 after regulation 18 (calculation of the amount to be disregarded: class e), insert - change in rateable value on 1st april 2017 19 1 this regulation applies where - a any circumstances regarding a relevant factor taken into account in determining the rateable value shown in a local list for a hereditament falling within a designated class for 1st april 2017, differ from the circumstances regarding that factor existing on 31st march 2017, and b consequently the rateable value shown for 1st april 2017 is different from that which would have been shown if the circumstances regarding that factor existing on 31st march 2017 had continued to exist on 1st april 2017. 2 where this regulation applies, the relevant valuation officer must, on request by the authority, certify the rateable value which would have been shown for 1st april 2017 if that value had fallen to be determined as regards the relevant factor by reference to the circumstances existing on 31st march 2017. 3 where this regulation applies, the references in regulations 7 (class b: existing renewable power stations, 8 (class c: renewable power stations created from class b hereditaments), 15 (calculation of the amount to be disregarded: class b) and 16 (calculation of the amount to be disregarded: class c) to a rateable value shown for 1st april 2017 are to be treated as references to the value certified by the relevant valuation officer in accordance with paragraph (2). 4 in this regulation "relevant factor" means - a any matter mentioned in paragraph 2(7) of schedule 6 to the 1988 act, or b the extent to which a hereditament is exempt from non-domestic rating. . we consent to the making of these regulations david evennett heather wheeler two of the lords commissioners of her majesty's treasury 20th november 2017 signed by authority of the secretary of state for communities and local government marcus jones parliamentary under secretary of state department for communities and local government 21st november 2017

citation, commencement and interpretation 1 1 this order may be cited as the terrorism act 2000 (proscribed organisations) (amendment) order 2017 and comes into force on the day after the day on which it is made. 2 in this order "the act" means the terrorism act 2000. proscribed organisations 2 in schedule 2 to the act (proscribed organisations), after the entry for national action, insert the following entries - al-ashtar brigades (saraya al-ashtar) (the wa'ad allah brigades) (islamic allah brigades) (imam al-mahdi brigades) (al-haydariyah brigades) al-mukhtar brigades (saraya al-mukhtar) hasam (harakat sawa'd misr) (harakat hasm) (hasm) liwa al-thawra . deproscribed organisation 3 in schedule 2 to the act (proscribed organisations), omit "hezb-e islami gulbuddin" . brandon lewis minister of state home office 21st december 2017

citation, commencement, application and interpretation 1 1 these regulations may be cited as the personal injuries (nhs charges) (amounts) amendment regulations 2017 and come into force on 1st april 2017. 2 these regulations apply to england and wales. 3 in these regulations, "principal regulations" means the personal injuries (nhs charges) (amounts) regulations 2015 . amendment of schedule 1 to the principal regulations 2 in schedule 1 to the principal regulations (amount of nhs charges), for the table in that schedule, substitute the following table - (1) (2) ambulance services (3) out-patient (4) in-patient (5) maximum 29th january 2007 159 505 620 37,100 1st april 2008 165 547 672 40,179 1st april 2009 171 566 695 41,545 1st april 2010 177 585 719 42,999 1st april 2011 181 600 737 44,056 1st april 2012 185 615 755 45,153 1st april 2013 189 627 770 46,046 1st april 2014 192 637 783 46,831 1st april 2015 195 647 796 47,569 1st april 2016 201 665 817 48,849 1st april 2017 205 678 833 49,824 signed by authority of the secretary of state for health. o'shaughnessy parliamentary under-secretary of state, department of health 16th february 2017

citation and commencement 1 1 these regulations may be cited as the non-domestic rating (designated areas etc.) (amendment) regulations 2017. 2 these regulations come into force on 1st april 2017. amendment of the non-domestic rating (designated areas etc.) regulations 2017 2 1 the non-domestic rating (designated areas etc.) regulations 2017 are amended as follows. 2 in column 4 (value of j) of the table in schedule 1 (local retention of non-domestic rates: designation of areas) - a in the row corresponding to map 45, for "250,658" substitute "249,858"; b in the row corresponding to map 48, for "171,780" substitute "169,680"; c in the row corresponding to map 51, for "290,863" substitute "290,163"; and d in the row corresponding to map 52, for "1,303,156" substitute "1,226,456". we consent stephen barclay andrew griffiths two of the lords commissioners of her majesty's treasury 23rd march 2017 signed by authority of the secretary of state for communities and local government marcus jones parliamentary under secretary of state department for communities and local government 27th march 2017

citation, commencement and extent 1 1 these regulations may be cited as the employment and support allowance (consequential amendment) (police injury benefit) regulations 2017 and come into force on 10th february 2017. 2 these regulations extend to england and wales. consequential amendment to the police (injury benefit) regulations 2006 2 the police (injury benefit) regulations 2006 are amended as follows. 3 after paragraph 7(3)(c) of schedule 3, insert - d any employment and support allowance under sections 1(2)(a) or 1b of the welfare reform act 2007 . . brandon lewis minister of state home office 13th january 2017

citation and commencement 1 this order may be cited as the oxford radcliffe hospitals national health service trust (trust funds: appointment of trustees) revocation order 2017 and comes into force on 1st january 2018. revocation 2 the oxford radcliffe hospitals national health service trust (trust funds: appointment of trustees) order 2003 is revoked. signed by authority of the secretary of state for health. o'shaughnessy parliamentary under-secretary of state, department of health 12th december 2017

citation and commencement 1 1 these regulations may be cited as the firefighters' pension scheme (england) (amendment) regulations 2017 and come into force on 6th october 2017. 2 subject to paragraph (3), the amendments made by these regulations have effect from 1st april 2015. 3 the amendments made by regulation 10(5) have effect from 6th october 2017. amendment of the firefighters' pension scheme (england) regulations 2014 2 the firefighters' pension scheme (england) regulations 2014 are amended in accordance with regulations 3 to 10. amendment to the table of contents 3 in the table of contents as regards regulation 46 for "adjustment of provisional amount" substitute "retirement amount of deferred pension". amendment to part 3 (scheme membership) 4 in part 3 (scheme membership) in regulation 21 (pension credit member) for "wpra 1999" substitute "wrpa 1999" . amendments to part 5 (retirement benefits) 5 1 part 5 (retirement benefits) is amended as follows. 2 in regulation 59(2) (annual rate of retirement pension (active members)) for "paragraphs (a), (b) and (c)" substitute "sub-paragraphs (a), (b), (ba) and (c)". 3 in regulation 71 (option to commute part of pension) in paragraph (4) - a after "exchange" insert "for a lump sum"; and b in sub-paragraph (a) omit "for a lump sum". 4 in regulation 71a (option to commute part of an equivalent amount) - a in the opening words of paragraph (3) for "rule" substitute "regulation"; and b after paragraph (3) insert - 4 where the person is entitled to the immediate payment of an equivalent amount to the 1992 scheme lower tier ill-health pension and exercises the option to commute under this regulation, the lump sum is calculated in accordance with rule b7 (commutation-general provision) of the 1992 scheme. . amendments to part 6 (death benefits) 6 1 part 6 (death benefits) is amended as follows. 2 in regulation 78(1) (surviving partner's pension payable on death of active member) for "more than" substitute "at least". 3 in regulation 92 (bereavement pension: eligible child) in paragraphs (3) and (4) for "surviving partner's pension", in each place where the words occur, substitute "eligible child's pension". amendments to part 8 (contributions) 7 1 part 8 (contributions) is amended as follows. 2 in regulation 111 (contributions during absence from work due to illness, injury, trade dispute or authorised absence) in paragraph (2), after "may" insert "elect to". 3 in regulation 119(5) (refund of employer additional contribution for ill health award following review) - a for "instalments of higher tier ill-health pension or lower tier ill-health pension", substitute "instalments of higher tier ill-health additional contribution or lower tier ill-health additional contribution"; and b after "in respect of p", in the first place where those words occur, insert "from the date that the entitlement ceased". amendment to part 9 (firefighters' pension fund) 8 in part 9 (firefighters' pension fund) in regulation 128(2)(b) (actual deficits) after "must repay it" insert "to". amendment to part 12 (appeals and determinations) 9 in part 12 (appeals and determinations) in regulation 154(4)(b) (appeals against determinations based on medical evidence) for "rule" substitute "regulation". amendments to schedule 2 (transitional provisions) 10 1 schedule 2 is amended as follows. 2 in part 1 (general) in paragraph 3(2) for "paragraphs (3) and (4)", substitute "sub-paragraphs (3) and (4)". 3 in part 3 (exceptions to section 18(1) of the 2013 act: tapered protection members of the 1992 scheme or the nfps) in paragraph 18(3)(c), omit "would" in the second place where it occurs. 4 in part 3a (payment of ill-health benefits to transition members) in paragraph 22(2)(a), after "rule 2" insert "of part 3". 5 in part 3c (transitional provisions relating to the nfps and the 1992 scheme) - a in paragraph 37 (scheme manager determines member of the nfps is not entitled to an ill-health award) - i for the heading substitute "authority determines the entitlement of a member of the nfps to an ill-health award"; ii in sub-paragraph (2) for "if this paragraph applies" substitute "if the authority subsequently determines that the member of the nfps is not entitled to an ill-health award"; and iii after sub-paragraph (2), insert - 3 if the authority subsequently determines that the member of the nfps is entitled to an ill- health award - a the member shall not join this scheme; b the member shall continue to be a member of the nfps; and c the ill-health award shall be payable under rule 2 of part 3 (award on ill-health retirement) of the nfps. ; and b in paragraph 38 (scheme manager determines member of the 1992 scheme is not entitled to an ill-health award) - - i for the heading substitute "authority determines the entitlement of a member of the 1992 scheme to an ill- health award"; ii in sub-paragraph (2) for "if this paragraph applies" substitute "if the authority subsequently determines that the member of the 1992 scheme is not entitled to an ill-health award"; iii in sub-paragraph (2)(b) for "h2a (appeals against opinion on medical advice)" substitute "h2 (appeal against opinion on a medical issue)"; and iv after sub-paragraph (2) insert - 3 if the authority subsequently determines that the member of the 1992 scheme is entitled to an ill-health award - a the member shall not join this scheme; b the member shall continue to be a member of the 1992 scheme; and c the ill-health award shall be payable under rule b3 (ill-health awards) of the 1992 scheme. . we consent to the making of these regulations heather wheeler david evennett two of the lords commissioners of her majesty's treasury 5th september 2017 nick hurd minister of state home office 7th september 2017

citation, commencement and extent 1 1 these regulations may be cited as the rights of passengers in bus and coach transport (exemptions and enforcement) (amendment) regulations 2017 and come into force on 1st march 2017. 2 these regulations do not extend to northern ireland. amendment of regulations 2 1 the rights of passengers in bus and coach transport (exemptions and enforcement) regulations 2013 are amended as provided in paragraphs (2) and (3). 2 in regulation 2(1) - a after the definition of "enforcement authority", insert - "exemption period" means the period which commences on 1st march 2017 and ends at midnight on 28th february 2021; ; and b omit the definition of "initial exemption period". 3 in regulations 4(1) and 5(1), for "the initial exemption period", substitute "the exemption period". amendment of the consumer rights act 2015 3 in section 48 of the consumer rights act 2015 (contracts covered by chapter 4 of part 1), after subsection (3) insert - 3a this chapter does not apply to anything that is governed by regulation ( eu ) no 181/2011 of the european parliament and of the council of 16 february 2011 concerning the rights of passengers in bus and coach transport and amending regulation (ec) no 2006/2004 . signed by authority of the secretary of state for transport andrew jones parliamentary under secretary of state department for transport 2nd february 2017

part 1 preliminary citation and commencement 1 this order may be cited as the london overground (barking riverside extension) order 2017 and comes into force on 5th september 2017. interpretation 2 1 in this order - "the 1961 act " means the land compensation act 1961 ; "the 1965 act " means the compulsory purchase act 1965 ; "the 1980 act " means the highways act 1980 ; "the 1984 act " means the road traffic regulation act 1984 ; "the 1990 act " means the town and country planning act 1990 ; "the 1991 act " means the new roads and street works act 1991 ; "the 2004 act " means the traffic management act 2004 ; "address" includes any number or address used for the purposes of electronic transmission; "the authorised railway" means the railway forming part of the authorised works; "the authorised works" means the scheduled works and any other works or operations authorised by this order, or any part of them; "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; "cycle track" has same meaning as in the 1980 act ; "the deposited plans" means the plans certified by the secretary of state as the deposited plans for the purposes of this order; "the deposited sections" means the sections certified by the secretary of state as the deposited sections for the purposes of this order; "electronic transmission" means a communication transmitted - by means of an electronic communications network; or by other means but while in electronic form; "environmental statement" means the environmental statement certified by the secretary of state as the environmental statement for the purposes of this order; "footway" has the same meaning as in the 1980 act; "highway" and "highway authority" have the same meaning as in the 1980 act; "the limits of deviation and of land to be acquired or used" means the various limits of deviation for the scheduled works so shown and described on the deposited plans and the limits mentioned in article 5(1)(b) (power to deviate); "the limits of land to be used only temporarily" means the limits so shown and described on the deposited plans; "maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace, and "maintenance" is to be construed accordingly; "the order limits " means the limits of deviation and of land to be acquired or used and the limits of land to be used only temporarily; "owner", in relation to land, has the same meaning as in section 7 (interpretation) of the acquisition of land act 1981 ; "parking place" has the same meaning as in section 32 (power of local authorities to provide parking places) of the 1984 act; "public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the environment agency, an internal drainage board, a local authority or a harbour authority within the meaning of the harbours act 1964 ; "the scheduled works" means the works and operations specified in schedule 1 (scheduled works) or any part of them; "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; " tfl " means transport for london whose head office is windsor house, 42-50 victoria street, london sw1h 0tl; "the traffic regulation plans" means the plans certified by the secretary of state as the traffic regulation plans for the purposes of this order; " the tribunal " means the lands chamber of the upper tribunal; and " watercourse " includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent), except a public sewer or drain. 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 airspace above its surface. 3 any reference in this order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this order. 4 references in this order to numbered plots are references to plot numbers shown on the deposited plans. 5 references in this order to points identified by letters and numbers are to be construed as references to the points marked on the deposited plans and the traffic regulation plans. 6 all distances, directions and lengths 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 taken to be measured along the scheduled work. application, modification and exclusion of legislative provisions relating to street works 3 1 works executed under this order in relation to a highway which consists of or includes a carriageway are to 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 are, in relation to works which are major transport works by virtue of paragraph (1), to be construed as references to tfl. 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 tfl under the powers conferred by article 10 (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 references to a stopping up, alteration or diversion (as the case may be) required in a case of emergency. part 2 works provisions principal powers power to construct and maintain works 4 1 tfl may construct and maintain 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 deposited plans and in accordance with the levels shown on the deposited sections. 3 subject to paragraph (6), tfl may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely - a works required for the strengthening, improvement, repair or reconstruction of any street; b works for the strengthening, alteration or demolition of any building; c works to erect and construct offices, head houses and other buildings, machinery, apparatus, works and conveniences; d railway electrification and signalling works; e station services and finishes; f means of access, including footpaths; g retaining walls, fencing, barriers, wing walls, shafts, drainage works and culverts; h works to remove or alter the position of any street furniture or apparatus, including mains, sewers, drains, pipes, cables and lights; i works to alter the course of, or otherwise interfere with, watercourses; j landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; k facilities and works for the benefit or protection of land or premises affected by the authorised works; l the felling of trees; and m earthworks required for the carrying out of the authorised works. 4 subject to paragraph (6), tfl 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 authorised works. 5 tfl 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 but that consent must not be unreasonably withheld. 8 in constructing and maintaining the scheduled works tfl may lay and install such number of railway lines, switches and crossings as may be necessary or expedient. 9 section 23 (prohibition on obstructions etc. in watercourses) of the land drainage act 1991 and any byelaws made under that act or the water resources act 1991 do not apply to anything done under or in pursuance of this order. 10 the authorised works may be constructed and maintained under the powers conferred by this article regardless of anything contained in, or done under, part 1 (registration) of, or schedule 2 (non-registration or mistaken registration under the 1965 act) to, the commons act 2006 . 11 where any maintenance of works is carried out under this article, such works may only be undertaken provided they have no greater effect than as described in the environmental statement. power to deviate 5 1 in constructing or maintaining any of the scheduled works, tfl may - a deviate laterally from the lines or situations shown on the deposited plans within the order limits; and b deviate vertically from the levels shown on the deposited sections - i to any extent upwards not exceeding 3 metres; and ii subject to article 21 (power to acquire land) to any extent downwards as may be found to be necessary or convenient. 2 without limitation on the scope of paragraph (1), in constructing or maintaining the scheduled works tfl may within the limits mentioned in paragraph (1) - a deviate from their points of commencement and termination shown on the deposited plans and the deposited sections; and b in relation to any viaduct, viaduct structure or other structure above ground level, deviate from the design and location shown on the deposited plans and the deposited sections as it thinks fit, including by varying the number of any supporting columns or other structures, the distances between them and the height or clearance above the level of the ground. streets power to alter layout, etc., of streets 6 1 tfl may for the purposes of the authorised works alter the layout of 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 tfl 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; and d carry out works for the provision, removal, suspension or alteration of parking places, loading bays, bus lanes, bus stop clearways and bus laybys. 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. power to keep apparatus in streets 7 1 tfl may, for the purposes of or in connection with the construction, maintenance and use 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, 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 execute street works 8 tfl may, for the purposes of and to the extent necessary for the construction of the authorised works, enter upon any of the streets within the order limits and any street abutting the order limits or which has a junction with such a street and break up or open the street, or any sewer, drain or tunnel under it, or tunnel or bore under the street. stopping up of streets 9 1 subject to the provisions of this article tfl may, in connection with the construction of the authorised works, stop up each of the streets specified in columns (1) and (2) of part 1 (streets to be stopped up for which a substitute is to be provided) of schedule 2 (streets to be stopped up) to the extent specified, by reference to the letters and numbers shown on the traffic regulation plans, in column (3) of part 1 of that schedule. 2 no street specified in columns (1) and (2) of part 1 of schedule 2 (being a street to be stopped up for which a substitute is to be provided) may be wholly or partly stopped up under this article unless either - a the new street to be substituted for it, and which is specified in relation to it by reference to one of the scheduled works mentioned in column (4) of that part of that schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or b a temporary alternative route is first provided and then maintained by tfl to the reasonable satisfaction of the street authority until completion of the new street in accordance with sub-paragraph (a). 3 where a street has been stopped up under this article - a all rights of way over or along it are extinguished; and b tfl may appropriate and use for the purposes of its undertaking so much of the site of the street as is bounded on both sides by land owned by tfl. 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 is subject to paragraphs 37 and 38 of part 3 (protection for electricity, gas, water and sewerage undertakers) of schedule 8 (protective provisions). temporary stopping up and diversion of streets 10 1 tfl 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 (3), prevent all persons from passing along the street. 2 without limitation on the scope of paragraph (1), tfl may use any street stopped up under the powers conferred by this article within the order limits as a temporary working site. 3 tfl 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), tfl may exercise the powers conferred by this article in relation to the streets specified in columns (1) and (2) of part 2 (streets to the temporarily stopped up) of schedule 2 (streets to be stopped up). 5 tfl must not exercise the powers conferred by this article - a in relation to any street specified in part 2 of schedule 2 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 the 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. access to works 11 tfl 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 on the deposited 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 tfl 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. agreements with street authorities 12 1 a street authority and tfl 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 8 (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 otherwise as the parties consider appropriate. use of private roads for construction 13 1 tfl may use any private road within the order limits or any private road abutting the order limits or 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 tfl 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. supplemental powers discharge of water 14 1 tfl may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the order limits, make openings into, and connections with, the 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 tfl must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but must not be unreasonably withheld. 4 tfl must not make any opening into any public sewer or drain except - a in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 tfl must not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river. 6 tfl must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension or any other potentially polluting material. 7 nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the environmental permitting (england and wales) regulations 2016 . 8 if a person who receives an application for consent or approval fails to notify tfl of a decision within 28 days of receiving that application for consent under paragraph (3) or approval under paragraph (4)(a) then that person is deemed to have granted consent or given approval, as the case may be. 9 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 15 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 48a(1) (duty not to cause loss or damage to another by the abstraction of water) 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. 3 where - a tfl 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 (2), tfl must compensate the other person for the loss or damage. 4 compensation under paragraph (3) is to be assessed on the same basis as damages for breach of the duty under section 48a(1) of the water resources act 1991. 5 section 48a(5) (prohibition of claims in respect of loss or damage caused by abstraction of water which are not claims under that section) of the water resources act 1991 has no application to claims under this article or under part 3 of schedule 8 (protection for the environment agency). 6 in this article, "abstraction" has the same meaning as in the water resources act 1991. protective works to buildings 16 1 subject to the following provisions of this article, tfl may at its own expense and from time to time carry out such protective works to any building lying within the order limits as tfl 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 purpose of determining how the functions under this article are to be exercised tfl 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 purpose of carrying out protective works under this article to a building tfl 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 tfl 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, tfl 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 of 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 45 (arbitration). 7 tfl 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 day on which the part of the authorised works constructed within the vicinity of the building is first opened for use, 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, tfl must compensate the owners and occupiers of the building for any damage sustained by them. 9 without affecting article 44 (no double recovery), nothing in this article relieves tfl 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 "protective works", in relation to a building, means - a underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works; b 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 c 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 17 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) of that act (cases in which land is to be treated as operational land). power to survey and investigate land, etc. 18 1 tfl may for the purposes of this order - a survey or investigate any land within the order limits; b without limitation on the scope of sub-paragraph (a), make trial holes in such positions as tfl thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples; c without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on any such land; d place on, leave on and remove from the land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraphs (a) to (c); and e enter on the land for the purpose of exercising any of the powers conferred by sub-paragraphs (a) to (d). 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 tfl - 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 the 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 tfl 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 or a street authority fails to notify tfl of its decision within 14 days of receiving the application for consent under paragraph (4), that authority is deemed to have granted consent. power to lop trees overhanging the authorised works 19 1 tfl may fell or lop any tree 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 passengers or other persons using the authorised works. 2 in exercising the powers conferred by paragraph (1), tfl 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. obstructing construction of the authorised works 20 any person who, without reasonable excuse - a obstructs any person acting under the authority of tfl in constructing any of the authorised works; or b interferes with, moves or removes any apparatus belonging to any person acting under the authority of tfl, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. part 3 acquisition and possession of land powers of acquisition power to acquire land 21 1 tfl may acquire compulsorily, subject to paragraph (2), so much of the land shown on the deposited plans within the limits of deviation and of land to be acquired or used and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes that are ancillary to its undertaking. 2 in the case of land specified in schedule 6 (land in respect of which acquisition is limited as regards subsoil) tfl's power of compulsory acquisition under paragraph (1) is limited to the acquisition of land no more than 10 metres beneath the level of the surface of the land and all land above that depth. 3 this article is subject to article 26 (new rights only to be acquired under or in certain lands). application of part 1 of the 1965 act 22 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 made 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 33 (time limit for exercise of powers of acquisition) of the london overground (barking riverside extension) 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 33 (time limit for exercise of powers of acquisition) of the london overground (barking riverside extension) order 2017". 6 in schedule 2a (counter-notice requiring purchase of land not in notice to treat), after paragraph 29, insert - . part 4 interpretation 30 in this schedule, references to entering on and taking possession of land do not include doing so under article 16 (protective works to buildings), 28 (temporary use of land for construction of works) or 29 (temporary use of land for maintenance of works) of the london overground (barking riverside extension) order 2017. application of the compulsory purchase (vesting declarations) act 1981 23 1 the compulsory purchase (vesting declarations) act 1981 applies to tfl 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 (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 33 (time limit for exercise of powers of acquisition) of the london overground (barking riverside extension) order 2017. 5 in section 7 (constructive notice to treat), in subsection (1)(a), omit "(as modified by section 4 of the acquisition of land act 1981)". 6 references to the 1965 act are construed as references to that act as applied to the acquisition of land by article 22 (application of part 1 of the 1965 act). power to acquire new rights, etc. 24 1 tfl may acquire compulsorily such easements or other rights over any land referred to in article 21 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence. 2 tfl may impose such restrictive covenants over any land referred to in article 21 which lies, or will on completion of the authorised works lie, beneath and/or adjacent to the authorised railway and the new elevated station as may be required for the purpose of protecting the authorised railway where it is running on the viaduct comprised in work no. 2 and the new elevated station comprised in work no. 2. 3 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 tfl acquires a right over land or the benefit of a restrictive covenant over land under paragraph (1) or (2) tfl is not required to acquire a greater interest in that land. 4 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 26 (new rights only to be acquired under or in certain lands) of a right over land by the creation of a new right or the imposition of a restrictive covenant. 5 paragraph (6) 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. 6 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. 7 the reference in paragraph (6) 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 within the meaning of part 1 of that act, 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 25 1 tfl may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in article 21 (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 tfl acquires any part of or rights in the subsoil of land under paragraph (1) tfl 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 22 (application of part 1 of the 1965 act) from applying where tfl acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory. new rights only to be acquired under or in certain lands 26 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 schedule 4, tfl's power of compulsory acquisition under article 21 is limited to the acquisition of such easements or other new rights in the land as it may require for the purposes of constructing, maintaining, protecting, renewing and using the authorised works. 3 where tfl acquires easements or other new rights over the land specified in schedule 4, article 24(3) (power to acquire new rights, etc.) applies to the same extent as it applies to the acquisition of a new right under that article. rights under or over streets 27 1 tfl 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 tfl 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 tfl 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 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 use of land for construction of works 28 1 subject to paragraph (2), tfl 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) and shown on the deposited plans as within the limits of land to be used only temporarily, 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 (4) of that schedule; and ii any of the land within the limits of deviation and of land to be acquired or used in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 act and 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 works in relation to that land as are mentioned in schedule 1 (scheduled works) 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 tfl must serve notice of the intended entry on the owners and occupiers of the land. 3 tfl 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, 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 (4) of that schedule; or b in the case of land within the limits of deviation and of land to be acquired or used, 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 tfl 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 subject to paragraph (7), before giving up possession of land of which temporary possession has been taken under this article, tfl must remove all temporary works above a level 1 metre below the surface of the ground and restore the land above that level to the reasonable satisfaction of the owners of the land; but tfl is not required to replace a building removed under this article or restore the land on which any permanent works have been constructed under paragraph (1)(d). 5 tfl 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 44 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5). 8 where tfl takes possession of land under this article, tfl is not required to acquire the land or any interest in it. 9 section 13 (refusal to give possession to acquiring authority) of the 1965 act applies to the temporary use of land under this article to the same extent as it applies to the acquisition of land under this order by virtue of article 22(1) (application of part 1 of the 1965 act). temporary use of land for maintenance of works 29 1 subject to paragraphs (2) and (3), at any time during the maintenance period relating to any of the scheduled works, tfl 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 tfl 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 tfl must serve notice of the intended entry on the owners and occupiers of the land. 4 tfl may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of 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, tfl must remove all temporary works above a level 1 metre below the surface of the ground and restore the land above that level to the reasonable satisfaction of the owners of the land. 6 tfl 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 44 (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). 9 where tfl takes possession of land under this article, tfl 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 use of land under this article to the same extent as it applies to the acquisition of land under this order by virtue of article 22(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 30 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 a view to 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 31 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 which belongs to that person in the same capacity which will accrue to that person by reason of the construction and use 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 in land (including the subsoil) under article 24 (power to acquire new rights, etc.), the tribunal must set off against the value of the right 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 which belongs 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 32 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 tfl, whether compulsorily or by agreement; or b on the date of entry on the land by tfl under section 11(1) (powers of entry) of the 1965 act, whichever is the sooner. 2 subject to paragraph (6), all private rights of way over land owned by tfl which, being within the limits of deviation and of land to be acquired or used, is required for the purposes of this order, are extinguished on the appropriation of the land for any of those purposes by tfl. 3 subject to paragraph (6), all private rights of way over land of which tfl takes temporary possession under this order are suspended and unenforceable for as long as tfl 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.), or paragraph 4(3) of part 1 (protection for network rail) or paragraph 39(2) of part 3 ( protection for electricity, gas water and sewerage undertakers) of schedule 8 (protective provisions) applies. 6 paragraphs (1), (2) and (3) have effect subject to - a any notice given by tfl before - i the completion of the acquisition of; ii tfl's appropriation of; iii tfl's entry onto; or iv tfl'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 tfl 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 33 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 22 (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 23 (application of the compulsory purchase (vesting declarations) act 1981). 2 the powers conferred by article 28 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1); but nothing in this paragraph prevents tfl from remaining in possession of land after the end of that period, if the land was entered and possession of it was taken before the end of that period. part 4 operation of authorised works power to operate and use the authorised works 34 tfl may operate and use the authorised works as a system, or part of a system, of transport for the carriage of passengers and for any connected ancillary purposes. part 5 protective provisions statutory undertakers, etc. 35 the provisions of schedule 7 (provisions relating to statutory undertakers, etc.) have effect. protection of interests 36 the provisions of schedule 8 (protective provisions) have effect. part 6 miscellaneous and general temporary traffic regulation 37 1 subject to the provisions of this article tfl may, for the purposes of and during construction of the authorised works - a suspend the use as a parking, waiting or loading bay on those roads specified in column (1) of part 1 (parking, waiting and loading bays) of schedule 9 (temporary traffic regulation) between the points specified in column (2) of that part of that schedule, for the purposes specified in column (3) of that part of that schedule; b make provision as to the direction or priority of vehicular traffic and pedestrians on those roads specified in column (1) of part 2 (shuttle working with traffic control) of schedule 9, along the sections and between the points specified in column (2) of that part of that schedule, for the purposes specified in column (3) of that part of that schedule; c install pedestrian crossings on the roads specified in column (1) of part 3 (pedestrian crossings) of schedule 9 along the sections and between the points specified in column (2) of that part of that schedule, for the purposes specified in column (3) of that part of that schedule; and d without limiting the scope of the specific powers conferred by paragraphs (1)(a), 1(b) and (1)(c) so far as may be necessary or expedient for the purposes of or in connection with construction of the authorised works - i revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 act; ii permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road; iii suspend or authorise the use as a parking place of any road; iv make provision as to the direction or priority of vehicular traffic on any road; and v 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 tfl. 2 the powers conferred by paragraph (1)(d) may only be exercised after tfl has consulted the chief officer of police, the traffic authority and such other persons as it considers necessary and appropriate, after tfl has taken into consideration any representations made to it by any such persons and after tfl has obtained the consent of the traffic authority in whose area the road concerned is situated (which must not be unreasonably withheld). 3 tfl 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 tfl's intention, specify in writing. 4 any prohibition, suspension or other provision made by tfl 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 (in addition to those mentioned in schedule 9) 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 tfl 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 tfl by this article with respect to any road have effect subject to any agreement entered into by tfl with any person with an interest in (or who undertakes activities in relation to) premises served by the road. powers of disposal, agreements for operation, etc. 38 1 tfl 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 without limitation on the scope of paragraph (1), tfl 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 cost of those matters by tfl or any other person. 3 any agreement under paragraph (2) may provide, amongst other things, for the exercise of the powers of tfl 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 tfl in relation to them. 4 the exercise of the powers, benefits or rights transferred to any person in connection with any sale, lease, charge or disposal under paragraph (1), or any agreement under paragraph (2), is subject to the same restrictions, liabilities and obligations as would apply under this order if those powers were exercised by tfl. application of landlord and tenant law 39 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 agreement entered into by tfl 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 the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. defence to proceedings in respect of statutory nuisance 40 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 is to be made, and no fine is to be imposed, under section 82(2) of that act if the defendant shows - a that the nuisance relates to premises used by tfl for the purposes of or in connection with the exercise of the 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) of the control of pollution act 1974 does not apply where the consent relates to the use of premises by tfl for the purposes of or in connection with the exercise of the powers conferred by this order with respect to works. 3 the provisions of this article do not affect the application to the authorised works of section 122 of the railways act 1993 (statutory authority as a defence to actions in nuisance, etc.) or any rule of common law having similar effect. disclosure of confidential information 41 a person who - a enters a factory, workshop or workplace under the provisions of article 16 (protective works to buildings) or article 18 (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 the 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. certification of plans, etc. 42 tfl must, as soon as practicable after the making of this order, submit copies of the book of reference, the deposited plans, the deposited sections, the environmental statement and the traffic regulation plans to the secretary of state for certification that they are respectively, true copies of the book of reference, the deposited plans, the deposited sections, the environmental statement and the traffic regulation plans, and a document so certified is admissible in any proceedings, as evidence of the contents of the document of which it is a copy. service of notices 43 1 a notice or other document required or authorised to be served for the purposes of this order may be served - a by post; or b with the consent of the recipient and subject to paragraphs (6) to (8), by electronic transmission. 2 where the person on whom a notice or other document to be served for the purposes of this order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 for the purposes of section 7 (references to service by post) of the interpretation act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise - a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and b in any other case, the last known address of that person at the time of service. 4 where for the purposes of this order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by - a addressing it to that person by name or by the description of "owner", or as the case may be "occupier", of the land (describing it); and b either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 where a notice or other document required to be served or sent for the purposes of this order is served or sent by electronic transmission the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission. 6 where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 7 any consent to the use of electronic 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. no double recovery 44 compensation is not payable in respect of the same matter both under this order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this order. arbitration 45 any difference under any provision of this order, unless otherwise provided for in this order or in an agreement between the parties, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the president of the institution of civil engineers. signed by the authority of the secretary of state natasha kopala head of the transport and works act orders unit department for transport 15th august 2017

citation and commencement 1 this order may be cited as the hertfordshire (electoral changes) (amendment) order 2017 and comes into force on the day after the day on which it is made. amendment to the hertfordshire (electoral changes) order 2015 2 in schedule 2 to the hertfordshire (electoral changes) order 2015, for table 7 substitute - wards of the parish of royston and number of councillors (1) name of parish ward (2) number of councillors royston meridian 5 royston palace 5 royston south 2 royston west 3 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

part 1 preliminary citation and commencement 1 this order may be cited as the east anglia three offshore wind farm order 2017 and comes into force on 29th august 2017. interpretation 2 1 in this order - "the 1961 act " means the land compensation act 1961 ; "the 1965 act " means the compulsory purchase act 1965 ; "the 1980 act " means the highways act 1980 ; "the 1981 act " means the compulsory purchase (vesting declarations) act 1981 ; "the 1989 act " means the electricity act 1989 ; "the 1990 act " means the town and country planning act 1990 ; "the 1991 act " means the new roads and street works act 1991 ; "the 2003 act " means the communications act 2003 ; "the 2004 act " means the energy act 2004 ; "the 2008 act" means the planning act 2008 ; "the 2009 act " means the marine and coastal access act 2009 ; "access to works plan" means the plan certified as the access to works plan by the secretary of state for the purposes of this order under article 32 (certification of plans etc. ); "ancillary works" means the ancillary works described in part 2 of schedule 1 (ancillary works) and any other works authorised by this order and which are not development within the meaning of section 32 of the 2008 act; "authorised development" means the development and associated development described in part 1 of schedule 1 (authorised development) and any other development authorised by this order, which is development within the meaning of section 32 of the 2008 act; "authorised project" means the authorised development and the ancillary works authorised by this order; "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 under article 32 (certification of plans etc.); "building" includes any structure or erection or any part of a building, structure or erection; "buoy" means any floating device used for navigational purposes or measurement purposes, including lidar buoys, wave buoys and guard buoys; "cable" in respect of any onshore cable includes direct lay cables and/or cables pulled through cable ducts and in respect of any cable whether onshore or offshore means any alternating current (ac) or direct current (dc) cables and includes fibre optic cables either within the cable or laid alongside; "cable crossings" means the crossing of existing sub-sea cables or pipelines or other existing infrastructure by the inter-array, interconnecting and/or export cables authorised by this order together with physical protection measures including concrete mattresses, rock placement or other protection methods; "cable ducts" means conduits for the installation of cables; "carriageway" has the same meaning as in the 1980 act; "circuit" means up to three cables; "commence" means, (a) in relation to works seaward of mhws , the first carrying out of any licensed marine activities authorised by the deemed marine licences, save for pre-construction surveys and monitoring approved under the deemed marine licences and, (b) in respect of any other works comprised in the authorised project, the first carrying out of any material operation (as defined in section 155 of the 2008 act) forming part of the authorised project other than operations consisting of site clearance, demolition work, archaeological investigations, environmental surveys, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, diversion and laying of services, erection of any temporary means of enclosure, and the temporary display of site notices or advertisements and the words "commencement" and "commenced" must be construed accordingly; "connection works" means work nos. 5b to 69 and any related further associated development in connection with those works; "construction consolidation site" means a construction site associated with the connection works including hard standings, lay down and storage areas for construction materials and equipment, areas for spoil, areas for vehicular parking, bunded storage areas, areas for welfare facilities including offices and canteen and washroom facilities, workshop facilities and temporary fencing or other means of enclosure and areas for other facilities required for construction purposes; "deemed marine licences" means the marine licences set out in schedules 10, 11, 12, 13, 14 and 15; "design and access statement" means the document certified as the design and access statement by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "draught height" means the distance between the lowest point of the rotating blade of the wind turbine generator and mhws; " east anglia one offshore wind farm " means the offshore wind farm authorised under the east anglia one order ; "east anglia one order" means the east anglia one offshore wind farm order 2014 as amended by the east anglia one offshore wind farm (corrections and amendments) order 2016 ; "environmental statement" means the document certified as the environmental statement by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "gravity base foundation" means a structure principally of steel, concrete, or steel and concrete which rests on the seabed either due to its own weight with or without added ballast or additional skirts and associated equipment including scour protection, j-tubes, corrosion protection systems and access platform(s) and equipment; "highway" and "highway authority" have the same meaning as in the 1980 act ; "in principle monitoring plan" means the document certified as the in principle monitoring plan by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "jacket foundation" means a steel jacket/ lattice-type structure constructed of steel which is fixed to the seabed at two or more points with steel pin piles or steel suction caissons and associated equipment including scour protection, j-tubes, corrosion protection systems and access platform(s) and equipment, and "discrete jacket foundation types" includes pre-piled or post-piled jackets, three-legged or four legged jackets, or straight or battered leg jackets; "jointing bay" means an excavation formed to enable the jointing of high voltage power cables; "jointing works" means a process by which two or more cables are connected to each other by means of cable joints within a jointing bay; "land plan" means the plan certified as the land plan by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); " lat " means lowest astronomical tide; "maintain" includes inspect, upkeep, repair, adjust, and alter and further includes remove, reconstruct and replace (but only in relation to any of the ancillary works in part 2 of schedule 1 (ancillary works) and any component part of any wind turbine generator, offshore electrical station, accommodation platform or meteorological mast described in part 1 of schedule 1 (authorised development) not including the alteration, removal or replacement of foundations), to the extent assessed in the environmental statement; and "maintenance" must be construed accordingly; " mca " means the maritime and coastguard agency; "mean high water springs" or "mhws" means the highest level which spring tides reach on average over a period of time; "mean low water springs" or " mlws " means the average height of all low waters above chart datum; "meteorological mast" means a mast housing equipment to measure wind speed and other wind characteristics, including a topside housing electrical, communication and associated equipment and marking and lighting; " mmo " means the marine management organisation; "monopile foundation" means a steel pile, typically cylindrical, driven and/or drilled into the seabed and associated equipment including scour protection, j-tubes, corrosion protection systems and access platform(s) and equipment; "offshore electrical station" means a platform attached to the seabed by means of a foundation, with one or more decks, whether open or fully clad, accommodating electrical power transformers, instrumentation, protection and control systems, neutral earthing resistors, reactive compensation, standby electrical generation equipment, fuelling facilities, auxiliary and uninterruptible power supply systems and transformers, accommodation and/or emergency shelter, craneage, metering stations, meteorological equipment, helicopter landing facilities, messing facilities, potable water storage, black water separation equipment, control hub, drainage facilities, access equipment, j-tubes, marking and lighting and other associated equipment and facilities to enable the transmission of electronic communications and for electricity to be collected at, and exported from, the platform and, depending on the type of electrical station, low, medium and/or high voltage switch gear, and/or ac filters and/or ac/dc converter with switching devices and/or dc equipment including dc capacitors and dc filters; "offshore platform" means any offshore electrical station and any offshore accommodation platform; "offshore works" means work nos. 1 to 5a and any ancillary works in connection with those works; "onshore cable corridor" means the onshore area in which the cables will be located within the order limits ; "onshore substation" means a compound containing electrical equipment including power transformers, switchgear, electrical protection equipment devices (disconnectors, circuit breakers), reactive compensation equipment, harmonic filters, cables, lightning protection masts, control buildings, communications masts, back-up generators, access, fencing and other associated equipment, structures or buildings and, depending on the type of substation, specific equipment such as one or more converter halls, and/or medium or high voltage switchgears; "order land" means the land shown on the land plan which is within the limits of land to be acquired and described in the book of reference; "order limits" means the limits shown on the works plan within which the authorised project may be carried out, whose grid coordinates seaward of mhws are set out in paragraph 2 of part 1 of schedule 1 (authorised development) of this order; "outline access management plan" means the document certified as the outline access management plan by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "outline code of construction practice" means the document certified as the outline code of construction practice by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "outline landscape and ecological management strategy" means the document certified as the outline landscape and ecological management strategy by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "outline navigation monitoring strategy" means the document certified as the outline navigation monitoring strategy by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "outline offshore operations and maintenance plan" means the document certified as the outline offshore operations and maintenance plan by the secretary of state for the purposes of the order under article 32 (certification of plans etc.); "outline traffic management plan" means the document certified as the outline traffic management plan by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "outline written scheme of investigation (offshore)" means the document certified as the outline written scheme of investigation (offshore) by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "outline travel plan" means the document certified as the outline travel plan by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "outline written scheme of investigation (onshore)" means the document certified as the outline written scheme of investigation (onshore) by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "owner", in relation to land, has the same meaning as in section 7 of the acquisition of land act 1981 ; "pin piles" means steel cylindrical piles driven and/or drilled into the seabed to secure steel jacket foundations; "platform exclusion zone" means the area shown as such on the offshore works plan "primary construction consolidation site" means a construction consolidation site whose footprint does not exceed the dimensions specified in requirement 12 (detailed design parameters onshore); "radar line of sight coverage plan" means the plan certified as the radar line of sight coverage plan by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "relevant planning authority" means the district planning authority for the area in which the land to which the relevant provision of this order applies is situated; "requirements" means those matters set out in part 3 of schedule 1 (requirements) to this order; "secondary construction consolidation site" means a construction consolidation site whose footprint does not exceed the dimensions specified in requirement 12 (detailed design parameters onshore); "single onshore phase" means carrying out work no. 67 as a single construction operation; "statutory undertaker" means any person falling within section 127(8) of the 2008 act and a public communications provider as defined in section 151 of the 2003 act; "street" means a street within the meaning of section 48 of the 1991 act , together with land on the verge of a street or between two carriageways, and includes part of a street; "street authority", in relation to a street, has the same meaning as in part 3 of the 1991 act ; "suction caisson" means large diameter steel cylindrical shells which penetrate the seabed assisted by a hydrostatic pressure differential for fixity of steel jacket foundations; "suction caisson foundation" means a tubular steel structure which penetrates the seabed assisted by a hydrostatic pressure differential and associated equipment, including scour protection, j-tubes, corrosion protection systems and access platform(s) and equipment; "temporary stopping up of public rights of way plan" means the plan certified as the temporary stopping up of public rights of way plan by the secretary of state for the purposes of this order under article 32 (certification of plans etc.); "transition bay" means an underground pit where the offshore export cables comprised in work no. 5a are jointed to the connection works; " tribunal " means the lands chamber of the upper tribunal; " trinity house " means the corporation of trinity house of deptford strond; "two offshore phases" means carrying out the offshore works as two separate construction operations pursuant to the deemed marine licences set out in schedules 10, 12, and 14 (licence 1 - phase 1) and schedules 11, 13 and 15 (licence 2 - phase 2) respectively; "two onshore phases" means carrying out work no. 67 as two separate construction operations linked to two offshore phases; " undertaker " means east anglia three limited; " vessel " means every description of vessel, however propelled or moved, and includes a non-displacement craft, a personal watercraft, a seaplane on the surface of the water, a hydrofoil vessel, a hovercraft or any other amphibious vehicle and any other thing constructed or adapted for movement through, in, on or over water and which is at the time in, on or over water; " watercourse " includes all rivers, streams, creeks, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; "wind turbine generator" means a structure comprising a tower, rotor with three blades connected at the hub, nacelle and ancillary electrical and other equipment which may include j-tube(s), transition piece, access and rest platforms, access ladders, boat access systems, corrosion protection systems, fenders and maintenance equipment, helicopter landing facilities and other associated equipment, fixed to a foundation; and "works plan" means the plan certified as the works plan by the secretary of state for the purposes of the order under article 32 (certification of plans etc.). 2 references in this order to rights over land include references to rights to do or restrain or to place and maintain, anything in, on or under land or in the air-space above its surface and references in this order to the imposition of restrictive covenants are references to the creation of rights over the land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this order or which is an interest otherwise comprised in the order land. 3 all distances, directions and lengths referred to in this order are approximate, save in respect of the parameters referred to in requirements 2 to 9 and 12 in part 3, schedule 1 (requirements) and conditions 1 to 6 in part 2 of the deemed marine licences. 4 any reference in this order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this order. 5 unless otherwise stated, references in this order to points identified by letters are to be construed as references to the points so lettered on the works plan. 6 the expression "includes" is to be construed without limitation unless the contrary intention appears. part 2 principal powers development consent etc. granted by the order 3 1 subject to the provisions of this order and to the requirements the undertaker is granted - a development consent for the authorised development; and b consent for the ancillary works, to be carried out within the order limits. 2 subject to the requirements, work nos. 1 to 5a must be constructed within the order limits seaward of mhws and work nos. 5b to 69 must be constructed within the order limits landward of mlws. power to maintain authorised project 4 1 the undertaker may at any time maintain the authorised project, except to the extent that this order or an agreement made under this order provides otherwise. 2 the power to maintain conferred under paragraph (1) does not relieve the undertaker of any requirement to obtain any further licence under part 4 of the 2009 act (marine licensing) for offshore works not covered by the deemed marine licences. benefit of the order 5 1 subject to paragraphs (2) and (3), the undertaker may with the written consent of the secretary of state - a transfer to another person ("the transferee") any or all of the benefit of the provisions of this order (excluding the deemed marine licences) and such related statutory rights as may be agreed between the undertaker and the transferee; b grant to another person ("the lessee") for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this order (excluding the deemed marine licences) and such related statutory rights as may be so agreed. 2 subject to paragraph (3), the undertaker may with the written consent of the secretary of state - a where an agreement has been made in accordance with paragraph (1)(a), transfer to the transferee the whole of any of the deemed marine licences and such related statutory rights as may be agreed between the undertaker and the transferee; or b where an agreement has been made in accordance with paragraph (1)(b), grant to the lessee, for the duration of the period mentioned in paragraph (1)(b), the whole of any of the deemed marine licences and such related statutory rights as may be so agreed. 3 the secretary of state must consult the mmo before giving consent to the transfer or grant to another person of the whole of the benefit of the provisions of any of the deemed marine licences. 4 where paragraph (8) applies no consent of the secretary of state is required. 5 where an agreement has been made in accordance with paragraph (1) or (2) references in this order to the undertaker, except in paragraph (6), (7) or (9), include references to the transferee or lessee. 6 the exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) or (2) are subject to the same restrictions, liabilities and obligations as would apply under this order if those benefits or rights were exercised by the undertaker. 7 where an agreement has been made in accordance with paragraph (1) or (2) - a the benefit ("the transferred benefit") includes any rights that are conferred, and any obligations that are imposed by virtue of the provisions to which the benefit relates; b the transferred benefit resides exclusively with the transferee or, as the case may be, the lessee and the transferred benefit is not enforceable against the undertaker save in the case of a deemed marine licence transferred or granted in respect of any breach of an obligation by the undertaker which occurs prior to such transfer or grant or which occurs as a result of any activity carried out by the undertaker on behalf of the transferee. 8 this paragraph applies where - a the transferee or lessee is a person who holds a licence under the 1989 act; or b the time limits for claims for compensation in respect of the acquisition of land or effects upon land under this order have elapsed and - i no such claims have been made, ii any such claim has been made and has been compromised or withdrawn, iii compensation has been paid in final settlement of any such claim, iv payment of compensation into court has taken place in lieu of settlement of any such claim; or v it has been determined by a tribunal or court of competent jurisdiction in respect of any such claim that no compensation is payable. 9 the provisions of article 8 (street works), article 10 (temporary stopping up of streets), article 15 (compulsory acquisition of land), article 17 (compulsory acquisition of rights), article 23 (temporary use of land for carrying out the authorised project) and article 24 (temporary use of land for maintaining the authorised project) have effect only for the benefit of the named undertaker and a person who is a transferee or lessee and is also - a in respect of works nos. 5b to 69 a person who holds a licence under the 1989 act; or b in respect of functions under article 8 (street works) relating to a street, a street authority. 10 where paragraph (8) applies, the undertaker must provide written notification to the secretary of state, the mmo, and the relevant planning authority at least 14 days prior to transferring and/or granting any benefit under paragraph (1) or (2). application and modification of legislative provisions 6 1 regulation 6 of the hedgerows regulations 1997 is modified so as to read for the purposes of this order only as if there were inserted after paragraph (1)(j) the following - k or for carrying out development which has been authorised by an order granting development consent pursuant to the planning act 2008. defence to proceedings in respect of statutory nuisance 7 1 where proceedings are brought under section 82(1) of the environmental protection act 1990 (summary proceedings by person aggrieved by statutory nuisance) 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 - a the defendant shows that the nuisance - i relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project and that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the control of pollution act 1974 ; or ii is a consequence of the construction or maintenance of the authorised project and that it cannot reasonably be avoided; or b the defendant shows that the nuisance - i relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project which is being used in compliance with requirement 26 (control of noise during operational phase); or ii is a consequence of the use of the authorised project 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 undertaker for purposes of or in connection with the construction or maintenance of the authorised project. part 3 streets street works 8 1 the undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in schedule 2 (streets subject to street works) as is within the order limits and may - a place apparatus under the street; b maintain apparatus under the street or change its position; and c execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b). 2 the authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 act. 3 the provisions of sections 54 to 106 of the 1991 act apply to any street works carried out under paragraph (1). 4 in this article "apparatus" has the same meaning as in part 3 of the 1991 act. temporary stopping up of public rights of way 9 1 the undertaker may, in connection with the carrying out of the authorised project, temporarily stop up each of the public rights of way specified in columns (2) of schedule 3 (public rights of way to be temporarily stopped up) to the extent specified in column (3), by reference to the letters shown on the temporary stopping up of public rights of way plan. temporary stopping up of streets 10 1 subject to paragraph (3), the undertaker, during and for the purposes of carrying out the authorised project, may temporarily stop up, alter or divert any street within the order limits and may for any reasonable time - a divert the traffic or a class of traffic from the street; and b subject to paragraph (2), prevent all persons from passing along the street. 2 the undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access. 3 the undertaker must not temporarily stop up, alter or divert any street without the consent of the street authority which may attach reasonable conditions to any consent. 4 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. 5 if a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (3) that street authority is deemed to have granted consent. access to works 11 1 the undertaker may, for the purposes of the authorised project - a form and lay out means of access, or improve existing means of access, in the locations specified in columns (1) and (2) of schedule 4 (access to works); and b with the approval of the relevant planning authority after consultation with the highway authority in accordance with requirement 16 (highway accesses and improvements), form and lay out such other means of access or improve existing means of access, at such locations within the order limits as the undertaker reasonably requires for the purposes of the authorised project. 2 if the relevant planning authority fails to notify the undertaker of its decision within 28 days of receiving an application for approval under paragraph (1)(b) that relevant planning authority is deemed to have granted approval. agreements with street authorities 12 1 a street authority and the undertaker may enter into agreements with respect to - a any temporary stopping up, alteration or diversion of a street authorised by this order; or b the carrying out in the street of any of the works referred to in article 8(1) (street works). 2 such an agreement may, without prejudice to the generality of paragraph (1) - a make provision for the street authority to carry out any function under this order which relates to the street in question; b include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and c contain such terms as to payment and otherwise as the parties consider appropriate. part 4 supplemental powers discharge of water 13 1 the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised project and for that purpose may lay down, take up and alter pipes and may, on any land within the order limits, make openings into, and connections with, the watercourse, public sewer or drain subject to the obtaining of consent and approval respectively pursuant to sub-paragraphs (3) and (4) below. 2 any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) is determined as if it were a dispute under section 106 of the water industry act 1991 (right to communicate with public sewers). 3 the undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. 4 the undertaker must not carry out any works to any public sewer or drain pursuant to article 13(1) except - a in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 the undertaker must not, in carrying out or maintaining works pursuant to this article, damage or interfere with the bed or banks of, or construct any works in, under, over or within 8 metres of, any watercourse forming part of a main river, or within 16 metres of a tidally influenced main river without the prior written consent of the environment agency. 6 the undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 this article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by regulation 12 of the environmental permitting (england and wales) regulations 2016 . 8 in this article - a "public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the environment agency, an internal drainage board or a local authority; and b other expressions, excluding watercourse, used both in this article and in the environmental permitting (england and wales) regulations 2016 have the same meaning as in those regulations. 9 if a person who receives an application for consent or approval fails to notify the undertaker of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be. authority to survey and investigate the land onshore 14 1 the undertaker may for the purposes of this order enter on any land shown within the order limits or which may be affected by the authorised project and - a survey or investigate the land; b without prejudice to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; c without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and d place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 2 no land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land. 3 any person entering land under this article on behalf of the undertaker - a must, if so required on entering the land, produce written evidence of their authority to do so; and b may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. 4 no trial holes may be made under this article - a in land forming a railway without the consent of network rail ; or b in land held by or in right of the crown without the consent of the crown. 5 no trial holes may be made under this article - a in land located within the highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority, but such consent must not be unreasonably withheld. 6 the undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under part 1 (determination of questions of disputed compensation) of the 1961 act. 7 if either a highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent - a under paragraph (5)(a) in the case of a highway authority; or b under paragraph (5)(b) in the case of a street authority; that authority is deemed to have granted consent. part 5 powers of acquisition compulsory acquisition of land 15 1 the undertaker may acquire compulsorily so much of the order land as is required for the authorised project or to facilitate, or is incidental, to it. 2 this article is subject to paragraph (2) of article 17 (compulsory acquisition of rights) and article 23 (temporary use of land for carrying out the authorised project). time limit for exercise of authority to acquire land compulsorily 16 1 after the end of the period of 5 years beginning on the day on which this order is made - a no notice to treat may be served under part 1 of the 1965 act; and b no declaration may be executed under section 4 of the 1981 act as applied by article 19 (application of the compulsory purchase (vesting declarations) act 1981). 2 the authority conferred by article 23 (temporary use of land for carrying out the authorised project) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. compulsory acquisition of rights 17 1 the undertaker may acquire compulsorily such rights or impose restrictive covenants over the order land as may be required for any purpose for which that land may be acquired under article 15 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence. 2 subject to the provisions of this article, article 18 (private rights) and article 25 (statutory undertakers), in the case of the order land specified in column (1) of schedule 5 (land in which only new rights etc. may be acquired) the undertaker's powers of compulsory acquisition are limited to the acquisition of such new rights and the imposition of restrictive covenants for the purpose specified in relation to that land in column (2) of that schedule. 3 subject to section 8 of the 1965 act, as substituted by paragraph 5 of schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights), where the undertaker acquires an existing right over land or restrictive covenant under paragraph (1), the undertaker is not required to acquire a greater interest in that land. 4 schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of restrictive covenants. 5 in any case where the acquisition of new rights under paragraph (1) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker, the undertaker may, with the consent of the secretary of state, transfer the power to acquire such rights to the statutory undertaker in question. 6 the exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this order if that power were exercised by the undertaker. private rights 18 1 subject to the provisions of this article, all private rights over land subject to compulsory acquisition under article 15 (compulsory acquisition of land) cease to have effect in so far as their continuance would be inconsistent with the exercise of the powers under article 15 (compulsory acquisition of land) - a as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 act (power of entry), whichever is the earliest. 2 subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under article 17 (compulsory acquisition of rights) cease to have effect in so far as their continuance would be inconsistent with the exercise of the right or compliance with the restrictive covenant - a as from the date of the acquisition of the right or the imposition of the restrictive covenant by the undertaker (whether the right is acquired compulsorily, by agreement or through the grant of lease of the land by agreement); or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 act (power of entry) in pursuance of the right, whichever is the earliest. 3 subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this order are suspended and unenforceable, in so far as their continuance would be inconsistent with the purpose for which temporary possession is taken, for as long as the undertaker remains in lawful possession of the land. 4 any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 of the 2008 act to be determined, in case of dispute, under part 1 of the 1961 act. 5 this article does not apply in relation to any right to which section 138 of the 2008 act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 25 (statutory undertakers) applies. 6 paragraphs (1) to (3) have effect subject to - a any notice given by the undertaker before - i the completion of the acquisition of the land or the acquisition of rights or the imposition of restrictive covenants over or affecting the land; ii the undertaker's appropriation of the land, iii the undertaker's entry onto the land, or iv the undertaker's taking temporary possession of the land, that any or all of those paragraphs do not apply to any right specified in the notice; or b any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs. 7 if an agreement referred to in paragraph (6)(b) - a is made with a person in or to whom the right is vested or belongs; and b is expressed to have effect also for the benefit of those deriving title from or under that person, the agreement is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 8 reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject. application of the compulsory purchase (vesting declarations) act 1981 19 1 the 1981 act applies as if this order were a compulsory purchase order. 2 the 1981 act, as so applied, has effect with the following modifications. 3 section 5 (earliest date for execution of declaration) is omitted. 4 section 5a (time limit for general vesting declaration) is omitted . 5 references to the 1965 act in the 1981 act must be construed as references to that act as applied by section 125 of the 2008 act to the compulsory acquisition of land under this order. acquisition of subsoil only 20 1 the undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 15 (compulsory acquisition of land) or article 17 (compulsory acquisition of rights) 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 undertaker acquires any part of, or rights in, the subsoil of land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land. 3 paragraph (2) does not prevent article 21 (acquisition of part of certain properties) from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory. acquisition of part of certain properties 21 1 this article applies instead of section 8(1) of the 1965 act (other provisions as to divided land) (as applied by section 125 of the 2008 act) where - a a notice to treat is served on a person ("the owner") under the 1965 act (as so applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden ("the land subject to the notice to treat"); and b a copy of this article is served on the owner with the notice to treat. 2 in such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole ("the land subject to the counter-notice"). 3 if no such counter-notice is served within that period, the owner is required to sell the land subject to the notice to treat. 4 if such a counter-notice is served within that period, the question whether the owner is required to sell only the land subject to the notice to treat must, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal. 5 if on such a reference the tribunal determines that the land subject to the notice to treat can be taken - a without material detriment to the remainder of the land subject to the counter-notice; or b where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the owner is required to sell the land subject to the notice to treat. 6 if on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken - a without material detriment to the remainder of the land subject to the counter-notice; or b where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the notice to treat is deemed to be a notice to treat for that part. 7 if on such a reference the tribunal determines that - a the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but b the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this order. 8 if the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that - a none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and b the material detriment is not confined to a part of the land subject to the counter-notice, the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this order. 9 where, by reason of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal. 10 where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired. rights under or over streets 22 1 the undertaker may enter on and appropriate so much of the subsoil of or air-space over any street within the order limits as may be required for the purposes of the authorised project and may use the subsoil or air-space for those purposes or any other purpose ancillary to the authorised project. 2 subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street. 3 paragraph (2) does not apply in relation to - a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 4 subject to paragraph (5), any person who is an owner or occupier of land appropriated under paragraph (1) without the undertaker acquiring any part of that person's interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 5 compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 of the 1991 act (sharing cost of necessary measures) applies in respect of measures of which the allowable costs are to be borne in accordance with that section. temporary use of land for carrying out the authorised project 23 1 the undertaker may, in connection with the carrying out of the authorised project - a enter on and take temporary possession of - i the land specified in columns (1) and (2) of schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that schedule; and ii any other order land in respect of which no notice of entry has been served under section 11 of the 1965 act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the 1981 act apart from land specified in plots 449a, 450, 453, 454, 454a, 454b, 454c, 457, 458, 459, 460, 461, 462 and 463 of the book of reference which are identified for freehold acquisition; b remove any buildings and vegetation from that land; c construct temporary works (including the provision of means of access), haul roads, security fencing, bridges, structures and buildings on that land; d use the land for the purposes of a working site with access to the working site in connection with the authorised project; and e construct any works, or use the land, as specified in relation to that land in column 3 of schedule 7 (land of which temporary possession may be taken), or any mitigation works. 2 not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 3 the undertaker must not remain in possession of any land under this article for longer than reasonably necessary and in any event must not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of schedule 7 (land of which temporary possession may be taken), unless the undertaker 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 1981 act in relation to that land. 4 before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to replace a building removed under this article. 5 the undertaker must pay compensation to the owners and occupiers of land which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of any power 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, must be determined under part 1 of the 1961 act. 7 nothing in this article affects any liability to pay compensation under section 152 of the 2008 act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (5). 8 the undertaker may not compulsorily acquire under this order the land referred to in paragraph (1)(a)(i) except that the undertaker is not precluded from - a acquiring new rights or imposing restrictive covenants over any part of that land under article 17 (compulsory acquisition of rights) to the extent that such land is listed in column (1) of schedule 5; or b acquiring any part of the subsoil (or rights in the subsoil) of that land under article 20 (acquisition of subsoil only). 9 where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. 10 section 13 of the 1965 act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of section 125 of the 2008 act (application of compulsory acquisition provisions). temporary use of land for maintaining authorised project 24 1 subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised project, the undertaker may - a enter on and take temporary possession of any land within the order limits if such possession is reasonably required for the purpose of maintaining the authorised project; and b construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose. 2 paragraph (1) does not authorise the undertaker to take temporary possession of - a any house or garden belonging to a house; or b any building (other than a house) if it is for the time being occupied. 3 not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land. 4 the undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised project for which possession of the land was taken. 5 before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 6 the undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. 7 any dispute as to a person's entitlement to compensation under paragraph (6), or as to the amount of the compensation, must be determined under part 1 of the 1961 act. 8 nothing in this article affects any liability to pay compensation under section 152 of the 2008 act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the maintenance of the authorised project, other than loss or damage for which compensation is payable under paragraph (6). 9 where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it. 10 section 13 of the 1965 act (refusal to give possession to acquiring authority) applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of section 125 of the 2008 act (application of compulsory acquisition provisions). 11 in this article "the maintenance period", in relation to any part of the authorised project, means the period of 5 years beginning with the date on which the authorised project first exports electricity to the national electricity transmission network. statutory undertakers 25 subject to the provisions of schedule 8 (protective provisions) the undertaker may - a acquire compulsorily, or acquire new rights or impose restrictive covenants over, the land belonging to statutory undertakers shown on the land plan within the limits to the land to be acquired and described in the book of reference; and b extinguish the rights of, remove, relocate the rights of or reposition the apparatus belonging to statutory undertakers over or within the order land. recovery of costs of new connections 26 1 where any apparatus of a public utility undertaker or of a public communications provider is removed under article 25 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 2 paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 25 (statutory undertakers), any person who is - a the owner or occupier of premises the drains of which communicated with that sewer; or b the owner of a private sewer which communicated with that sewer, is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant. 3 this article does not have effect in relation to apparatus to which part 3 of the 1991 act applies. 4 in this paragraph - "public communications provider" has the same meaning as in section 151(1) of the 2003 act; and "public utility undertaker" has the same meaning as in the 1980 act. part 6 operations operation of generating station 27 1 the undertaker is hereby authorised to operate the generating station comprised in the authorised project. 2 this article does not relieve the undertaker of any requirement to obtain any permit or licence under any other legislation that may be required from time to time to authorise the operation of an electricity generating station. deemed marine licences under the 2009 act 28 the marine licences set out in schedules 10, 11, 12, 13, 14 and 15 are deemed to have been granted under part 4 of the 2009 act (marine licensing) for the licensed marine activities set out in part 1, and subject to the conditions set out in part 2, of each licence. part 7 miscellaneous and general application of landlord and tenant law 29 1 this article applies to - a any agreement for leasing to any person the whole or any part of the authorised project or the right to operate the same; and b any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised project, or any part of it, so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person's use. 2 no enactment or rule of law regulating the rights and obligations of landlords and tenants may prejudice the operation of any agreement to which this article applies. 3 accordingly, no such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to - a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. operational land for purposes of the 1990 act 30 development consent granted by this order is treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 act (cases in which land is to be treated as operational land for the purposes of that act). felling or lopping of trees and removal of hedgerows 31 1 the undertaker may fell or lop any tree or shrub near any part of the authorised project, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project. 2 in carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity. 3 any dispute as to a person's entitlement to compensation under paragraph (2), or as to the amount of compensation, must be determined under part 1 of the 1961 act. 4 the undertaker may, for the purposes of the authorised project - a subject to paragraph (2) above, remove any hedgerows within the order limits and specified in schedule 9, part 1 (removal of hedgerows) that may be required for the purposes of carrying out the authorised project; and b remove the important hedgerows as are within the order limits and specified in schedule 9, part 2 (removal of important hedgerows). 5 in this article "hedgerow" and "important hedgerow" have the same meaning as in the hedgerow regulations 1997 . certification of plans etc. 32 1 the undertaker must, as soon as practicable after the making of this order, submit to the secretary of state copies of - a the land plan (document reference 2.2 - version 1); b the works plan (document reference 2.4 - revision a onshore and revision b offshore); c the access to works plan (document reference 2.5); d the temporary stopping up of public rights of way plan (document reference 2.6 - revision b); e the important hedgerows plan (document reference 2.10 - revision 4); f the radar line of sight coverage plan (document reference 2.11); g the book of reference (december 2016 - version 3); h the outline code of construction practice (november 2016 - revision b) (document reference 8.1); i the design and access statement (october 2016) (document reference 8.3); j the outline written scheme of investigation (onshore) (november 2016 - version 2) (document reference 8.4); k the outline written scheme of investigation (offshore) (november 2016 - version 2) (document reference 8.5); l the outline landscape and ecological management strategy (november 2016 - version 2) (document reference 8.6); m the outline traffic management plan (november 2015 - version 1) (document reference 8.7); n the outline travel plan (november 2015 - version 1) (document reference 8.8); o the outline access management plan (november 2016 - revision b) (document reference 8.9); p the outline offshore operations and maintenance plan (november 2015 - version 1) (document reference 8.10); q the outline navigation monitoring strategy (november 2015 - version 1) (document reference 8.11); r the in principle monitoring plan (october 2016 - version 2) (document reference 8.12); s the draft marine mammal mitigation protocol (november 2015 - version 1) (document reference 8.15); t the in principle east anglia three project southern north sea psac site integrity plan (december 2016); and u the environmental statement (document references 6.1 - 6.4). for certification that they are true copies of the documents referred to in this order. 2 a plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy. 3 where a plan or document certified under paragraph (1) - a refers to a provision of this order (including any specified requirement) when it was in draft form; and b identifies that provision by a number, or combination of numbers and letters, which is different from the number, or combination of numbers and letters by which the corresponding provision of this order is identified in the order as made the reference in the plan or document concerned must be construed for the purposes of this order as referring to the provision (if any) corresponding to that provision in the order as made. arbitration 33 any difference under any provision of this order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties, or failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the secretary of state. requirements, appeals, etc. 34 1 sub-section (1) of section 78 of the 1990 act applies to the development consent granted by this order and to the requirements numbered 11 to 31 and 36 except that it is modified so as to read for the purposes of this order only as if there were inserted after subsection (b) the following - bb refuse an application for any consent, agreement or approval of that authority required by a requirement imposed on a grant of development consent or contained in a development consent order, or grant it subject to conditions; or 2 sections 78 and 79 of the 1990 act have effect in relation to any appeal under the terms of this article except that the secretary of state in question is the secretary of state who would be responsible for determining an application for development consent with the subject matter of this order if section 103(1) of the 2008 act applied. 3 the terms of any development order, and other rules and regulations which apply to applications pursuant to conditions or the subject matter of section 78 of the 1990 act apply, insofar as they are not inconsistent with the infrastructure planning (environmental impact assessment) regulations 2009 and any other orders, rules or regulations made under the 2008 act, to any application or appeal made under the requirements specified in paragraph (1). abatement of works abandoned or decayed 35 where work no. 1(a) to (d) or work no. 2 or any part of those works is abandoned or allowed to fall into decay the secretary of state may, following consultation with the undertaker, issue a written notice requiring the undertaker at its own expense to repair and restore or remove work no. 1(a) to (d) or work no. 2 or any relevant part of those works, without prejudice to any notice served under section 105(2) of the 2004 act. the notice may also require the restoration of the site of the relevant part(s) of work no. 1(a) to (d) or work no. 2 to a safe and proper condition within an area and to such an extent as may be specified in the notice. saving provisions for trinity house 36 nothing in this order prejudices or derogates from any of the rights, duties or privileges of trinity house. crown rights 37 1 nothing in this order affects prejudicially any estate, right, power, privilege, authority or exemption of the crown and in particular, nothing in this order authorises the undertaker or any licensee to use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary) - a belonging to her majesty in right of the crown and forming part of the crown estate without the consent in writing of the crown estate commissioners; b belonging to her majesty in right of the crown and not forming part of the crown estate without the consent in writing of the government department having the management of that land; or c belonging to a government department or held in trust for her majesty for the purposes of a government department without the consent in writing of that government department. 2 paragraph (1) does not apply to the exercise of any right under this order for the compulsory acquisition of an interest in any crown land (as defined in the 2008 act) which is for the time being held otherwise than by or on behalf of the crown. 3 a consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically. protective provisions 38 schedule 8 (protective provisions) has effect. signed by authority of the secretary of state for business, energy and industrial strategy giles scott head of infrastructure planning and coal liabilities department for business, energy and industrial strategy 7th august 2017

citation and commencement 1 these regulations may be cited as the police (complaints and misconduct) (amendment) regulations 2017 and come into force on 22nd may 2017. amendments to the police (complaints and misconduct) regulations 2012 2 1 the police (complaints and misconduct) regulations 2012 are amended as follows. 2 in regulations 4(2)(a)(iii) (reference of complaints to the commission), 7(1)(c) (recording and reference of conduct matters) and 29a(1)(b)(iii) and (2)(b)(iii) (recommendations by the commission and requirement to respond), after "serious corruption," insert "including abuse of position for a sexual purpose or for the purpose of pursuing an improper emotional relationship,". brandon lewis minister of state home office 20th april 2017

citation and commencement 1 these regulations may be cited as the plant health (fees) (england) (amendment) regulations 2017 and come into force on 6th march 2017. amendment of the plant health (fees) (england) regulations 2014 2 in the table in schedule 2 to the plant health (fees) (england) regulations 2014 (import inspection fees: reduced rates) , under the heading "fruit", for the entry for mexico, substitute - morocco 2.39 3.59 gardiner of kimble parliamentary under secretary of state department for environment, food and rural affairs 1st february 2017 we consent david evennett andrew griffiths two of the lords commissioners of her majesty's treasury 7th february 2017

part 1 general citation and commencement 1 1 this order may be cited as the liverpool city region combined authority (functions and amendment) order 2017 2 save as provided in paragraph (3) this order comes into force on the day after the day on which it is made. 3 articles 5, 10 to 17, 19, 20 and 21(2)(a) and (b) come into force on 8th may 2017. interpretation 2 in this order - "the 1984 act" means the road traffic regulation act 1984 ; "the 1988 act" means the road traffic act 1988 ; "the 1989 act" means the local government and housing act 1989 ; "the 1990 act" means the town and country planning act 1990 ; "the 1999 act" means the greater london authority act 1999 ; "the 2003 act" means the local government act 2003 ; "the 2004 act" means the planning and compulsory purchase act 2004 ; "the 2008 act" means the housing and regeneration act 2008 ; "the 2009 act" means the local democracy, economic development and construction act 2009; "the 2011 act" means the localism act 2011 ; "the 1996 regulations" means the local authorities' traffic orders (procedure) (england and wales) regulations 1996 ; "the 2008 order" means the town and country planning (mayor of london) order 2008 ; "the 2014 order" means the halton, knowsley, liverpool, st helens, sefton and wirral combined authority order 2014 ; "the area" means the area of the combined authority; "constituent councils" means the district councils for the local government areas of halton, knowsley, liverpool, st helens, sefton, and wirral; "the combined authority" means the liverpool city region combined authority, a body corporate established by the 2014 order ; "corporation" means a corporation established by the secretary of state in accordance with the provisions in section 198 of the 2011 act, with the modifications made by schedule 4, following the designation of an area of land by the combined authority; "the hca" means the homes and communities agency ; "highway functions" means the functions which are exercisable by a constituent council (in whatever capacity) in relation to the highways for which they are the highway authority; and "the mayor" means the mayor for the area except where the reference is to the mayor of london. part 2 planning spatial development strategy 3 1 the combined authority shall have, in relation to the area, functions corresponding to functions in the 1999 act that the mayor of london has in relation to greater london, which are specified in the following provisions in the 1999 act - a section 334 (the spatial development strategy); b section 335 (public participation) ; c section 336 (withdrawal); d section 337 (publication) ; e section 338 (examination in public) ; f section 339 (review of matters affecting the strategy); g section 340 (reviews of the strategy); h section 341 (alteration or replacement) ; i section 342 (matters to which the mayor is to have regard); j section 346 (monitoring and data collection) ; and k section 348 (mayor's functions as to planning around greater london). 2 the exercise by the combined authority of the functions corresponding to the functions in sections 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 act requires a unanimous vote in favour by all members of the combined authority appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the combined authority. adaptation of enactments in consequence of article 3 4 1 this article has effect in consequence of article 3(1). 2 part 8 of the 1999 act applies in relation to the preparation and publication of a spatial development strategy by the combined authority as it applies in relation to the preparation and publication of a spatial development strategy by the mayor of london, with the modifications made by part 1 of schedule 1. 3 sections 343 (regulations) and 420 of the 1999 act (orders and regulations) apply in relation to the functions of the secretary of state to make regulations by statutory instrument under section 343(1) with respect to all or any of the following - a the form and content of the spatial development strategy published by the combined authority; b the documents (if any) the secretary of state requires to accompany the spatial development strategy published by the combined authority; c the procedure to be followed by the combined authority in connection with the preparation, withdrawal, publication, making, review, alteration or replacement of the spatial development strategy, or in connection with any review under section 339 as modified by part 1 of schedule 1; and d the procedure to be followed at an examination in public examining matters affecting the consideration of the spatial development strategy, as they apply in relation to the functions of the secretary of state to make such regulations in relation to the spatial development strategy published by the mayor of london. 4 subject to paragraph (6) and to schedule 1, in any enactment passed or made on or before 8th may 2017 - a any reference to a spatial development strategy, or b any reference which falls to be read as a reference to a spatial development strategy, is to be treated as including a reference to a strategy prepared and published in accordance with the function conferred by article 3(1). 5 sections 19 (preparation of local development documents), 24 (conformity with regional strategy), 37 (interpretation), 38 (development plan) and 113 (validity of strategies, plans and documents) of the 2004 act apply in relation to the preparation and publication of a spatial development strategy by the combined authority as they apply in relation to the preparation and publication of a spatial development strategy by the mayor of london, with the modifications made by part 2 of schedule 1. 6 paragraph (4) does not apply to - a section 41 of the 1999 act (general duties of the mayor in relation to his strategies) ; b section 356a of the 1999 act (london waste and recycling board) ; c section 10 of the london olympic games and paralympic games act 2006 ; and d the town and country planning (london spatial development strategy) regulations 2000 . planning applications of potential strategic importance 5 1 the combined authority shall have, in relation to the area, functions corresponding to the following functions that the mayor of london has in relation to greater london - a section 2a of the 1990 act (the mayor of london: applications of potential strategic importance) ; b section 2b of the 1990 act (section 2a: supplementary provisions) ; c section 2c of the 1990 act (matters reserved for subsequent approval) ; d section 2e of the 1990 act (section 2a and planning obligations under section 106) ; e section 2f of the 1990 act (representation hearings) ; f section 74 of the 1990 act (directions etc. as to method of dealing with applications) ; g the 2008 order. 2 sections 2a, 2b, 2c, 2d, 2e and 2f of the 1990 act and the 2008 order apply in relation to the consideration of applications of potential strategic importance by the combined authority as they apply in relation to the consideration of applications of potential strategic importance by the mayor of london. 3 in section 2a(3)(a) of the 1990 act as applied by paragraph (2) the references to "greater london" are to be read as references to "the area". 4 the provisions in section 333 of the 1990 act (orders and regulations) apply in relation to the power of the secretary of state to make orders under sections 2a and 2f of that act in relation to the combined authority, as it applies in relation to the power of the secretary of state to make orders under sections 2a and 2f of that act in relation to the mayor of london . 5 the provisions in the 2008 order apply in relation to the combined authority's power to direct that applications for planning permission of potential strategic importance must be determined by the combined authority in place of the local planning authority as they apply in relation to the mayor of london's power to direct that applications for planning permission of potential strategic importance must be determined by the mayor of london in place of the local planning authority. 6 the 2008 order shall have effect as if - a for every reference to "the mayor" there were substituted "the combined authority"; b article 3 were omitted; c in article 6 - i every reference to "greater london" is to be read as a reference to "the area", ii in paragraph (2)(a) for "the greater london authority" there were substituted "the combined authority", and iii paragraph (2)(c) and (f) were omitted; and d for parts 1, 2 and 3 of the schedule to the 2008 order there were substituted parts 1, 2 and 3 in schedule 2. part 3 housing and regeneration conferral of functions corresponding to functions that the hca has in relation to the area 6 1 the functions of the hca which are specified in the following provisions of the 2008 act are to be functions of the combined authority that are exercisable in relation to the area - a section 5 (powers to provide housing or other land); b section 6 (powers for regeneration, development or effective use of land); c section 7 (powers in relation to infrastructure); d section 8 (powers to deal with land etc); e section 9 (acquisition of land); f section 10 (restrictions on disposal of land); g section 11 (main powers in relation to acquired land) ; h section 12 (powers in relation to, and for, statutory undertakers); i paragraphs 19 and 20 of schedule 3 (powers in relation to burial grounds and consecrated land etc.); and j paragraphs 1, 2, 3, 4, 6, 10 and 20 of schedule 4 (extinguishment or removal powers for the hca). 2 the combined authority is to exercise the functions contained in the provisions specified in paragraph (1) for the purposes of or for purposes incidental to the following objects - a to improve the supply and quality of housing in the area, b to secure the regeneration or development of land or infrastructure in the area, c to support in other ways the creation, regeneration or development of communities in the area or their continued well-being, and d to contribute to the achievement of sustainable development and good design in the area, with a view to meeting the needs of people living in the area. 3 the functions contained in the provisions specified in paragraph (1) are - a exercisable concurrently with the hca, and b subject to schedules 2 and 3 to the 2008 act. 4 in paragraph (2) "good design" and "needs" have the meanings given by section 2(2) of the 2008 act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing. 5 section 23(3) of the land compensation act 1961 (compensation where planning decision made after acquisition) applies in relation to an acquisition by the combined authority as it applies to the hca. acquisition and appropriation of land for planning and public purposes 7 1 the functions of the constituent councils specified in the following provisions as applied by article 9 are exercisable by the combined authority in relation to the area - a section 226 of the 1990 act (compulsory acquisition of land for development and other planning purposes) ; b section 227 of the 1990 act (acquisition of land by agreement); c section 229 of the 1990 act (appropriation of land forming part of common, etc); d section 230(1)(a) of the 1990 act (acquisition of land for purposes of exchange); e section 232 of the 1990 act (appropriation of land held for planning purposes); f section 233 of the 1990 act (disposal by local authorities of land held for planning purposes) ; g section 235 of the 1990 act (development of land held for planning purposes); h section 236 of the 1990 act (extinguishment of rights over land compulsorily acquired) ; i section 238 of the 1990 act (use and development of consecrated land); j section 239 of the 1990 act (use and development of burial grounds); and k section 241 of the 1990 act (use and development of open spaces). 2 the functions are exercisable concurrently with the constituent councils. condition on the exercise of the functions conferred by articles 6(1) and 7(1) 8 the exercise of the functions in section 9 of the 2008 act and section 226 of the 1990 act by the combined authority requires the consent of each member of the combined authority appointed by the constituent councils whose local government area contains any part of the land subject to the proposed compulsory acquisition or substitute members acting in place of those members, to be provided at a meeting of the combined authority. application of provisions of the 1990 act and the 2008 act 9 1 this article has effect in consequence of articles 6 and 7. 2 part 9 of the 1990 act (acquisition and appropriation of land for planning purposes, etc) applies in relation to the combined authority and land which has been vested in or acquired by the combined authority for planning and public purposes as it applies in relation to a constituent council and land vested in or acquired by a constituent council for planning and public purposes. 3 chapters 1 and 2 of part 1 of, and schedules 2 to 4 to, the 2008 act apply in relation to the powers of the combined authority to acquire land for housing and infrastructure under the functions specified in article 6(1) and land acquired by the combined authority under those functions as they apply in relation to the hca and land acquired by the hca with the modifications made by parts 1 and 2 of schedule 3. part 4 mayoral development areas conferral of functions on the combined authority 10 the combined authority shall have in relation to the area functions corresponding to the following functions contained in the provisions in the 2011 act, that the mayor of london has in relation to greater london - a section 197 (designation of mayoral development areas); b section 199 (exclusion of land from mayoral development areas); c section 200 (transfers of property etc to a mayoral development corporation); d section 202 (functions in relation to town and country planning); e section 204 (removal or restriction of planning functions); f section 214 (powers in relation to discretionary relief from non-domestic rates); g section 215 (reviews); h section 216 (transfers of property, rights and liabilities); i section 217 (dissolution: final steps); j section 219 (guidance by the mayor); k section 221 (consents); l paragraph 1 of schedule 21 (membership); m paragraph 2 of schedule 21 (terms of appointment of members); n paragraph 3 of schedule 21(staff); o paragraph 4 of schedule 21 (remuneration etc: members and staff); p paragraph 6 of schedule 21 (committees); and q paragraph 8 of schedule 21 (proceedings and meetings). application of provisions in the 2011 act 11 1 chapter 2 of part 8 (mayoral development corporations) of the 2011 act applies in relation to the combined authority as it applies in relation to the mayor of london, with the modifications made by schedule 4. 2 chapter 2 of part 8 of the 2011 act applies in relation to a corporation as it applies in relation to a mayoral development corporation, with the modifications made by schedule 4. 3 subject to paragraph (7), in any enactment passed or made on or before 8th may 2017 - a any reference to a mayoral development corporation, or b any reference which falls to be read as a reference to a mayoral development corporation, is to be treated as including a reference to a corporation. 4 for the purposes of any transfer scheme under any provisions of the 2011 act applied with modifications by this order, paragraph 9 of schedule 24 to the 2011 act (transfers under scheme under section 200(1) or (4) or 216(1)) applies in relation to - a any property, rights or liabilities transferred to or from a corporation in accordance with a transfer scheme, or b anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a corporation in accordance with such a transfer scheme, as it applies in relation to a mayoral development corporation. 5 for the purposes of establishing a corporation, giving the corporation a name, giving effect to any decisions notified to the secretary of state (under sections 199(4) (exclusion of land from mayoral development areas), 202(8) (decisions about planning functions), 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 act) or making provision for varying the way in which a relevant tax has effect from time to time in relation to the transfer of land to or from a corporation under any provision of the 2011 act, applied with modifications by this order, the provisions in section 235 of the 2011 act (orders and regulations) apply in relation to - a the power of a minister of the crown to make an order under section 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a mayoral development corporation) of that act; and b the power of the treasury to make regulations under paragraph 9(2) of schedule 24 to that act, as they apply in relation to the establishment of a mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the secretary of state (under sections 199(4), 202(8) and 214(6) of the 2011 act) and making provision for varying the way in which a relevant tax has effect from time to time in relation to a transfer of land to or from a mayoral development corporation. 6 in this article "transfer scheme" means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 act. 7 paragraph (3) does not apply to - a paragraph 9(8)(a) of schedule 2 to the channel tunnel rail link act 1996 (works: further and supplementary provisions) ; b section 31(1a) of the 1999 act (limits of the general power) ; c section 38 of the 1999 act (delegation) ; d section 60a(3) of the 1999 act (confirmation hearings etc for certain appointments by the mayor) ; e section 68(6) of the 1999 act (disqualification and political restriction) ; f section 73 of the 1999 act (monitoring officer) ; g section 424 of the 1999 act (interpretation) ; h section 24(4) of the 2004 act (conformity with spatial development strategy) ; and i paragraph 8(8)(a) of schedule 2 to the crossrail act 2008 (works: further and supplementary provisions) . incidental provisions 12 1 the following provisions of the 1989 act shall apply as if a corporation were a local authority - a section 1 (disqualification and political restriction of certain officers and staff) ; and b sections 2 and 3a (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section. 2 section 5 of the 1989 act (designation and reports of monitoring officer) shall apply in relation to the combined authority as if a corporation were a committee of the authority. 13 section 32 of the 2003 act applies in relation to expenditure of a corporation but as if - a each reference to a functional body were a references to a corporation; b each reference to the greater london authority were a reference to the combined authority; c each reference to the mayor of london were a reference to the mayor; and d subsection (7) were omitted. part 5 transport power to pay grant 14 1 the functions of a minister of the crown specified in section 31 of the 2003 act (power to pay grant) are functions of the combined authority that are exercisable in relation to the area. 2 the functions are exercisable by the combined authority concurrently with a minister of the crown. 3 paragraph (4) applies where, in exercising functions referred to in paragraphs (1) and (2), the combined authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of its highway functions. 4 in determining that amount, the combined authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of those functions. 5 to comply with paragraph (4), the combined authority must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions. 6 for the purposes of the exercise by the combined authority of the functions specified 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 functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority. agreements between authorities and strategic highways companies 15 1 the functions of the constituent councils specified in section 6 of the 1980 act (powers to enter into agreements with the minister or strategic highways companies relating to the exercise of functions with respect to trunk roads etc) are exercisable by the combined authority in relation to the area. 2 the functions of the constituent councils as local highway authorities specified in section 8 of the 1980 act (power to enter into agreements with local highway authorities and strategic highways companies for the doing of certain works) are exercisable by the combined authority in relation to the area. 3 the functions referred to in paragraphs (1) and (2) are exercisable by the combined authority concurrently with the constituent councils. 4 in this article - a "the 1980 act" means the highways act 1980 ; b "local highway authority" has the meaning given by section 329(1) of the 1980 act. road safety 16 1 the functions of the constituent councils specified in section 39(2) and (3) of the 1988 act (duties of local authorities to prepare and carry out a programme of measures designed to promote road safety, and carry out studies into accidents arising out of the use of vehicles on certain roads within their areas) are exercisable by the combined authority in relation to the area. 2 the functions referred to in paragraph (1) are exercisable concurrently with the constituent councils. traffic regulation 17 1 the functions of the constituent councils as local traffic authorities specified in the following provisions of the 1984 act are exercisable by the combined authority in relation to the area - a section 1 (traffic regulation orders outside greater london) ; b section 2(4) (what a traffic regulation order may provide) ; and c section 9 (experimental traffic schemes) . 2 the functions specified in paragraph (1) are exercisable by the combined authority concurrently with the constituent councils. 3 part 1 of, and schedule 9 to, the 1984 act apply in relation to the exercise by the combined authority of the functions specified in paragraph (1) as they apply in relation to the exercise by the constituent councils of those functions. 4 the 1996 regulations apply in relation to orders made or proposed to be made by the combined authority in exercise of the functions specified in paragraph (1) as they apply in relation to orders made or proposed to be made by the constituent councils in exercise of those functions. 5 for the purposes of paragraph (4), references in the 1996 regulations to an order making authority are to be read as including references to the combined authority. 6 in this article "local traffic authority" has the meaning given by section 121a of the 1984 act. part 6 funding funding 18 1 subject to the provisions in article 5 of the 2014 order and paragraph (2), 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 the combined authority. 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, 5, 6, 7, 10 and 19(10) 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 proportion to the total resident population of the combined authority which resides in the local government area of that council at the relevant date as estimated by the statistics board . 4 in relation to the expenditure mentioned in paragraph (2) - a to the extent to which such expenditure is to be 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 regulations made 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 articles 16 to 18 are to 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 . 6 for the purposes of this article the relevant date in relation to a payment for a financial year is 30th june in the financial year which commenced two years prior to the financial year in which such payment is made. part 7 functions of the combined authority exercisable only by the mayor; political advisers general functions of the combined authority exercisable only by the mayor 19 1 the following functions are general functions exercisable only by the mayor - a the functions of the combined authority in the following enactments - i sections 5 to 12 of, and paragraphs 19 and 20 of schedule 3 and paragraphs 1 to 4, 6, 10 and 20 of schedule 4 to, the 2008 act; ii section 31 of the 2003 act; iii sections 108 (local transport plans), 109 (further provision about plans: england) and 112 (plans and strategies: supplementary) of the transport act 2000 act ; and b the functions of the combined authority corresponding to the functions specified in - i sections 2a, 2b, 2c, 2e, 2f, 74, 226 , 227, 229, 230(1)(a), 232, 233, 235, 236 to 239 and 241 of the 1990 act; ii sections 334 to 342 and 346 of the 1999 act; iii sections 197, 199, 200, 202, 204, 214 to 217, 219 and 221 of, and paragraphs 1 to 4, 6 and 8 of schedule 21 to the 2011 act; and iv the 2008 order. 2 the exercise of the functions mentioned in paragraph (1)(b)(i) and (iv) by the mayor requires the consent of the member of the combined authority appointed by the constituent council to whom the application for planning permission was made, or the substitute member acting in place of that member, to be provided at a meeting of the combined authority . 3 the exercise of the functions in section 334 (the spatial development strategy), 335 (public participation), 336 (withdrawal), 337 (publication) and 341 (alteration or replacement) of the 1999 act by the mayor requires a unanimous vote in favour by all members of the combined authority appointed by the constituent councils, or substitute members acting in place of those members, to be carried at a meeting of the combined authority. 4 the mayor may only exercise functions mentioned in paragraph (1)(a)(iii) 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. 5 the mayor may only exercise functions mentioned in paragraph (1)(a)(ii) if - a the mayor has laid before the combined authority, in accordance with standing orders of the combined authority, a document stating that the mayor is proposing to pay a grant to one or more of the constituent councils towards expenditure incurred or to be incurred by it in relation to the exercise of its highway functions; and b the consideration period for the document has expired without the combined authority having rejected the proposal. 6 the exercise of the functions in section 9 of the 2008 act and section 226 of the 1990 act by the mayor requires the consent of each member of the combined authority appointed by the constituent councils whose local government area contains any part of the land subject to the proposed compulsory acquisition or substitute members acting in place of those members. 7 the exercise by the mayor of the functions corresponding to the functions specified in section 197 (designation of mayoral development areas) of the 2011 act requires the consent of all members of the combined authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be designated as a mayoral development area. 8 the exercise by the mayor of the functions corresponding to the functions specified in section 199 (exclusion of land from mayoral development areas) of the 2011 act in respect of any mayoral development area requires the consent of each member of the combined authority appointed by the constituent councils, or substitute members acting in place of those members, whose local government area contains any part of the area to be excluded from a mayoral development area. 9 the exercise by the combined authority of the functions corresponding to the functions specified in section 202(2) to (4) of the 2011 act (functions in relation to town and country planning) in respect of any mayoral development area requires the consent of each member of the combined authority appointed by a constituent council, or a substitute member acting in place of that member, whose local government area contains the whole or any part of the area in respect of which the combined authority proposes to exercise the functions. 10 members and officers of the combined authority may assist the mayor in the exercise of the functions mentioned in paragraph (1). 11 for the purposes of paragraphs (4) and (5) - a the "consideration period" for a document is the 21 days beginning with the day 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 two-thirds of the members of the combined authority appointed by the constituent councils or the substitute members acting in place of that member, present and voting. 12 for the purpose of the exercise of the general functions exercisable by the mayor, the mayor may do anything that the combined authority may do under section 113a of the 2011 act (general power of epb or combined authority) . 13 anything which, immediately before 8th may 2017, is in the process of being done by or in relation to the combined authority or by or in relation to a constituent council for the purposes of or in connection with the functions mentioned in paragraph (1), is to be treated as having been done by or in relation to the mayor. 14 for the purposes of paragraphs (6) to (9), the consent must be given at a meeting of the combined authority. political advisers 20 1 the mayor may appoint one person as the mayor's political adviser. 2 any appointment under paragraph (1) is an appointment as an employee of the combined authority. 3 no appointment under paragraph (1) shall extend beyond - a the term of office for which the mayor who made the appointment was elected; or b where the mayor who appointed the political adviser ceases to be the mayor before the end of the term of office for which the mayor was elected, the date on which the mayor ceases to hold that office. 4 a person appointed under paragraph (1) is to be regarded for the purposes of part 1 of the 1989 act (political restriction of officers and staff) as holding a politically restricted post under a local authority. 5 subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 act (assistants for political groups), shall apply in relation to an appointment under paragraph (1) as if - a any appointment to that post were the appointment of a person in pursuance of that section; and b the combined authority were a relevant authority for the purposes of that section. 6 subsection (3) of section 9 of the 1989 act shall apply in relation to an appointment under paragraph (1) as if the words "and that the appointment terminates" to the end of that subsection were omitted. part 8 amendment of the halton, knowsley, liverpool, st helens, sefton and wirral combined authority order 2014 amendment of the halton, knowsley, liverpool, st helens, sefton and wirral combined authority order 2014 21 1 the 2014 order is amended as follows - 2 schedule 1 (constitution) is amended as follows - a paragraph 2 is omitted; b in paragraph 3 - i for sub-paragraph (1) substitute - 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, such majority to include the mayor, if the mayor is in office, or the deputy mayor acting in place of the mayor, if the deputy mayor is in office, and substitute members, acting in place of members. ; ii for sub-paragraph (3) substitute - 3 each member is to have one vote and no member is to have a casting vote. ; iii for sub-paragraph (5) substitute - 5 a decision on a question relating to any of the matters specified in sub-paragraph (5a), where such a question does not relate to the exercise of a general function exercisable only by the mayor in accordance with the provisions in article 20(1) of the liverpool city region combined authority (functions and amendment) order 2017, requires a unanimous vote in favour by all members of the combined authority appointed by the constituent councils, or substitute members, acting in place of those members, present and voting on that question to be carried at a meeting of the combined authority. ; and iv after sub-paragraph (5) insert - 5a the matters referred to in sub-paragraph (5) are - a the determination and review of any transitional arrangements on transport; b all matters relating to the constitution of the combined authority; c amendments to the standing orders of the combined authority; d all matters relating to the management, maintenance and funding of the key route network of local roads which are to be maintained by the combined authority; and e such matters as may be determined by the combined authority and set out in its standing orders. ; v for sub-paragraph (8) substitute - 8 the proceedings of the combined authority are not invalidated by any vacancy among its members or by any defect in the appointment or qualifications of any member. ; vi after sub-paragraph (9) insert - 10 the provisions in this schedule relating to the mayor or deputy mayor only have effect where the mayor, or deputy mayor, as the case may be, are in office. 11 in sub-paragraphs (3) and (8), 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 by the local enterprise partnerships who has been given voting rights by resolution of the combined authority. ; c for paragraph 7 substitute - 7 1 subject to sub-paragraph (3), no remuneration is to be 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 a constituent council may, in accordance with its own scheme of allowances, pay a special responsibility allowance to any member appointed by it to the combined authority in respect of duties and responsibilities undertaken as a member of the combined authority. 3 the combined authority may only pay an allowance to the mayor if - a the combined authority has considered a report published by an independent remuneration panel established by one or more of the constituent councils under regulation 20 of the local authorities (members' allowances) (england) regulations 2003 which contains recommendations for such an allowance; and b the allowance paid by the combined authority does not exceed the amount specified in the recommendation made by the 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 and commencement 1 these regulations may be cited as the producer responsibility obligations (packaging waste) (amendment) regulations 2017 and come into force on 1st january 2018. amendment of producer responsibility obligations (packaging waste) regulations 2007 2 1 schedule 2 to the producer responsibility obligations (packaging waste) regulations 2007 (recovery and recycling obligations) is amended as follows. 2 for paragraph 5, substitute - 5 the following is prescribed as the recovery target "x" - a for the year 2018, 80%; b for the year 2019, 81%; c for the year 2020, 82%. . 3 in paragraph 6, for table 2 substitute - table 2 recycling targets materials 2018 2019 2020 glass 78 79 80 plastic 53 55 57 aluminium 58 61 64 steel 79 82 85 paper/board 71 73 75 wood 38 43 48 . 4 for paragraph 8 substitute - 8 the recycling allocation "b" is 30 for each of the years 2018 to 2020. . thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 7th december 2017

citation, commencement and interpretation 1 1 these regulations may be cited as the social security benefits up-rating regulations 2017 and come into force on 10th april 2017. 2 in these regulations, "the up-rating order" means the social security benefits up-rating order 2017 . exceptions relating to payment of additional benefit by virtue of the up-rating order 2 section 155(3) of the social security administration act 1992 (effect of alteration of rates of benefit under parts 2 to 5 of the social security contributions and benefits act 1992) shall not apply if a question arises as to either - a the weekly rate at which the benefit is payable by virtue of the up-rating order, or b whether the conditions for receipt of the benefit at the altered rate are satisfied, until that question has been determined in accordance with the provisions of the social security act 1998 . persons not ordinarily resident in great britain 3 regulation 5 of the social security benefit (persons abroad) regulations 1975 (application of disqualification in respect of up-rating of benefit) and regulation 21 of the state pension regulations 2015 (entitlement to state pension for overseas residents) shall apply to any additional benefit payable by virtue of the up-rating order and to any up-rating increase as defined in section 22(1) of the pensions act 2014 respectively. amendment of the social security (claims and payments) regulations 1987 4 in paragraph 4(2a) of schedule 9 to the social security (claims and payments) regulations 1987 (deductions from benefit and direct payment to third parties) for "24.00", in each place where it occurs, substitute "24.25". revocations 5 the following are revoked - a regulation 5 of the social security benefits up-rating regulations 2015 , and b the social security benefits up-rating regulations 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 9th march 2017

citation, commencement and interpretation 1 1 this order may be cited as the financial services and markets act 2000 (regulated activities) (amendment) order 2017. 2 this order comes into force - a on 1st april 2017 for the purposes of - i enabling applications to be made for a part 4a permission, for a variation of a part 4a permission or for an approval under section 59 of the act , or ii enabling such applications to be determined, in relation to any specified activity or any specified investment amended or inserted by this order; b on 1st april 2017 for the purposes of article 16; and c on 3rd january 2018 for all other purposes. 3 in this order - "the act" means the financial services and markets act 2000; "the order" means the financial services and markets act 2000 (regulated activities) order 2001 . amendments to article 3 of the order: interpretation 2 1 article 3(1) of the order (interpretation) is amended as follows. 2 in the definition of "the commission regulation" for "1287/2006 of 10 august 2006" substitute "commission delegated regulation of 25.4.2016 supplementing directive 2014/65/eu of the european parliament and of the council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that directive" . 3 in the definition of "credit institution" - a in paragraph (a), for "(the text of which is set out in schedule 3)" substitute "(the text of which is set out in part 1 of schedule 3) read with any directly applicable eu regulation made under article 2.3 or 2.4 of the markets in financial instruments directive (and the text of article 4 of the commission regulation is set out in part 2 of schedule 3)"; b in paragraph (b), after "markets in financial instruments directive" insert "read with any directly applicable eu regulation made under article 2.3 or 2.4 of that directive". 4 in the definition of "financial instrument" for "chapter vi " substitute "articles 5 to 8, 10 and 11". 5 in the definition of "home member state" for "article 4.1.20" substitute "article 4.1.55(a)". 6 in the definition of "investment firm" - a in paragraph (a), for "(the text of which is set out in schedule 3)" substitute "(the text of which is set out in part 1 of schedule 3) read with any directly applicable eu regulation made under article 2.3 or 2.4 of the markets in financial instruments directive (and the text of article 4 of the commission regulation is set out in part 2 of schedule 3)"; b in paragraph (c), after "that directive" insert "read with any directly applicable eu regulation made under article 2.3 or 2.4 of the markets in financial instruments directive". 7 in the definition of "investment services and activities", in paragraph (a) for "article 52 of commission directive 2006/73/ec of 10 august 2006" substitute "article 9 of the commission regulation". 8 in the definition of "market operator" - a for "article 4.1.13" substitute "article 4.1.18"; b in paragraph (a), for "(the text of which is set out in schedule 3)" substitute "(the text of which is set out in part 1 of schedule 3) read with any directly applicable eu regulation made under article 2.3 or 2.4 of the markets in financial instruments directive (and the text of article 4 of the commission regulation is set out in part 2 of schedule 3)"; c in paragraph (b), after "that directive" insert "read with any directly applicable eu regulation made under article 2.3 or 2.4 of the markets in financial instruments directive". 9 in the definition of "multilateral trading facility" for "article 4.1.15" in both places substitute "article 4.1.22". 10 in the definition of "overseas person" after "25d," insert "25da,". 11 in the definition of "security" after "82" insert "or by article 82b". 12 at the appropriate places insert - "alternative investment fund managers directive" means directive 2011/61/eu of the european parliament and of the council of 8 june 2011 on alternative investment fund managers ; "markets in financial instruments directive" means directive 2014/65/eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments (recast) ; "markets in financial instruments regulation" means regulation (eu) no 600/2014 of the european parliament and of the council of 15 may 2014 on markets in financial instruments ; "organised trading facility" means - an organised trading facility (within the meaning of article 4.1.23 of the markets in financial instruments directive) operated by an investment firm, a credit institution or a market operator; or a facility which - is operated by an investment firm, a credit institution or a market operator which does not have a home member state; and if its operator had a home member state, would be an organised trading facility within the meaning of article 4.1.23 of the markets in financial instruments directive; "structured deposit" means a deposit which is fully repayable at maturity on terms under which interest or a premium will be paid or is at risk, according to a formula involving factors such as - an index or combination of indices, excluding variable rate deposits whose return is directly linked to an interest rate index such as euribor or libor; a financial instrument or combination of financial instruments; a commodity or combination of commodities or other physical or non-physical non-fungible assets; or a foreign exchange rate or combination of foreign exchange rates; . organised trading facility 3 after article 25d of the order (operating a multilateral trading facility), insert - operating an organised trading facility 25da 1 the operation of an organised trading facility on which non-equity mifid instruments are traded is a specified kind of activity. 2 in paragraph (1) a "non-equity mifid instrument" means any investment - a of the kind specified by article 77, 77a, 78, 79, 80, 81, 82b, 83, 84 or 85; or b of the kind specified by article 89 so far as relevant to an investment falling within sub-paragraph (a), that is a bond, a structured finance product (within the meaning of article 2.1.28 of the markets in financial instruments regulation ), an emission allowance, or a derivative (within the meaning of article 2.1.29 of the markets in financial instruments regulation). . structured deposits 4 1 in article 21(1) of the order (dealing in investments as agent), after "securities" insert ", structured deposits". 2 in article 25 of the order (arranging deals in investments) - a in paragraph (1) - i omit "or" at the end of sub-paragraph (b); ii after sub-paragraph (c) insert - , or d a structured deposit, ; b in paragraph (2), for "or (c)" substitute ", (c) or (d)". 3 in article 37(a) of the order (managing investments), after "security" insert ", structured deposit". 4 in article 53(1)(b)(i) of the order (advising on investments) after "security" insert ", structured deposit". amendments to article 72 of the order: overseas persons 5 1 article 72 of the order (overseas persons) is amended as follows. 2 in paragraphs (1), (2), (3) and (4) for "or 25d" substitute ", 25d or 25da". 3 after paragraph (10) insert - 11 this article does not apply where the overseas person is - a a third-country firm, as defined by article 4.1.57 ("definitions") of the markets in financial instruments directive ("third country firm"); b established in a country subject to an equivalence decision; and c carrying on an activity a third country firm established in that third country may carry on by virtue of the equivalence decision under - i article 46.1 of the markets in financial instruments regulation (general provisions) if it is registered by esma in the register of third country firms established in accordance with article 48 of that regulation (register); ii article 47.3 of the markets in financial instruments regulation (equivalence decision) if it has a branch in an eea state other than the united kingdom and is authorised in that state in accordance with article 39 of the markets in financial instruments directive (establishment of a branch); or iii article 46.5 of the markets in financial instruments regulation. 12 for the purposes of paragraph (11) - a "equivalence decision" means a decision adopted by the commission in relation to a country under article 47.1 of the markets in financial instruments regulation which has not been withdrawn by a subsequent decision adopted by the commission under that article; and b a country is subject to an equivalence decision if a period of more than three years has elapsed since the adoption of the decision by the commission, beginning on the day after the date of the adoption of the decision. . emission allowances 6 after article 82a of the order (greenhouse gas emissions allowances), insert - emission allowances 82b 1 subject to paragraph (2), emission allowances consisting of any units recognised for compliance with the requirements of the emission allowance trading directive. 2 paragraph (1) only applies to emission allowances in relation to which - a an investment firm or credit institution is providing or performing investment services and activities on a professional basis; b a management company is providing, in accordance with article 6.3 of the ucits directive, the investment services specified in paragraph 4 or 5 of section a, or the ancillary service specified in paragraph 1 of section b, of annex 1 to the markets in financial instruments directive; c a market operator is providing the investment service specified in paragraph 8 or 9 of section a of annex 1 to the markets in financial instruments directive; or d an aifm is providing, in accordance with article 6.4 of the alternative investment fund managers directive the investment service specified in paragraph 1, 4 or 5 of section a, or the ancillary service specified in paragraph 1 of section b, of annex i to the markets in financial instruments directive. . amendments to article 83 of the order: options 7 1 article 83 of the order (options) is amended as follows. 2 in paragraph (1)(e) - a after "directive" insert "read with articles 5, 6, 7 and 8 of the commission regulation"; b for "the text of which is set out in part i" substitute "the texts of which are set out in parts 1 and 2". 3 in paragraph (2)(d) - a in paragraph (i), after "schedule 2" insert "(read with articles 5 and 6 of the commission regulation)"; b in paragraph (ii), for "38" substitute "7". 4 in paragraph (3)(c), after "with" insert "articles 7 and 8 of". 5 in paragraph (4) - a omit "or" at the end of sub-paragraph (b); b in sub-paragraph (c), for "paragraph 8" substitute "paragraph 8 or 9"; c after sub-paragraph (c) insert - , or d an aifm is providing, in accordance with article 6.4 of the alternative investment fund managers directive the investment service specified in paragraph 1, 4 or 5 of section a, or the ancillary service specified in paragraph 1 of section b, of annex i to the markets in financial instruments directive. . amendments to article 84 of the order: futures 8 1 article 84 of the order (futures) is amended as follows. 2 in paragraph (1a)(d), after "directive" insert (read with articles 5 and 6 of the commission regulation)". 3 in paragraph (1b)(d), for "38" substitute "7". 4 in paragraph (1c)(c), after "with" insert "articles 7 and 8 of". 5 after paragraph (1c), insert - 1ca subject to paragraph (1d), any other derivative contract, relating to currencies to which paragraph 4 of section c of annex 1 to the markets in financial instruments directive read with article 10 of the commission regulation (the texts of which are set out in parts 1 and 2 of schedule 2) applies. . 6 in paragraph (1d) - a for "and (1c)" substitute ", (1c) and (1ca)"; b for "or forwards" substitute ", forwards or derivative contracts"; c omit "or" at the end of sub-paragraph (b); d in sub-paragraph (c), for "paragraph 8" substitute "paragraph 8 or 9"; e after sub-paragraph (c) insert - , or d an aifm is providing, in accordance with article 6.4 of the alternative investment fund managers directive the investment service specified in paragraph 1, 4 or 5 of section a, or the ancillary service specified in paragraph 1 of section b, of annex i to the markets in financial instruments directive. . 7 in paragraph (1e), for "(ic)" substitute "(1ca)". amendments to article 85 of the order: contracts for differences 9 1 article 85 of the order (contracts for differences etc. ) is amended as follows. 2 in paragraph (4) - a omit "or" at the end of sub-paragraph (b); b in sub-paragraph (c), for "paragraph 8" substitute "paragraph 8 or 9"; c after sub-paragraph (c) insert - , or d an aifm is providing, in accordance with article 6.4 of the alternative investment fund managers directive the investment service specified in paragraph 1, 4 or 5 of section a, or the ancillary service specified in paragraph 1 of section b, of annex i to the markets in financial instruments directive. . 3 after paragraph (4) insert - 4a subject to paragraph (4b), a derivative contract of a binary or other fixed outcomes nature - a to which paragraph (1) does not apply; b which is settled in cash; and c which is a financial instrument to which paragraph 4, 5, 6, 7 or 10 of section c of annex i to the markets in financial instruments directive read with articles 5 to 8 and 10 of the commission regulation (the texts of which are set out in parts 1 and 2 of schedule 2) applies. 4b paragraph (4a) only applies to derivatives in relation to which - a an investment firm or credit institution is providing or performing investment services and activities on a professional basis, b a management company is providing, in accordance with article 6.3 of the ucits directive, the investment service specified in paragraph 4 or 5 of section a, or the ancillary service specified in paragraph 1 of section b, of annex i to the markets in financial instruments directive, c a market operator is providing the investment service specified in paragraph 8 or 9 of section a of annex i to the markets in financial instruments directive, d an aifm is providing, in accordance with article 6.4 of the alternative investment fund managers directive the investment service specified in paragraph 1, 4 or 5 of section a, or the ancillary service specified in paragraph 1 of section b, of annex i to the markets in financial instruments directive, or e a person is carrying on the activity specified by article 25(2). . amendments to schedule 2 to the order 10 1 schedule 2 to the order (sections a and c of annex i to the markets in financial instruments directive and related community subordinate legislation) is amended as follows. 2 in the heading, for "community" substitute "eu". 3 in part 1 of schedule 2 (section c of annex i to the markets in financial instruments directive) - a in paragraph 4, after "or yields," insert "emission allowances"; b in paragraph 5 - i for "forward rate agreements" substitute "forwards"; ii for "otherwise" substitute "other"; c in paragraph 6 - i for "contracts" substitute "contract"; ii for "and/or an mtf" substitute ", an mtf, or an otf, except for wholesale energy products traded on an otf that must be physically settled"; d for paragraph 7 substitute - 7 option, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in point 6 of this section and not being for commercial purposes, which have the characteristics of other derivative financial instruments; ; e for paragraph 10 substitute - 10 options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event, as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market, otf, or an mtf; ; f after paragraph 10 insert - 11 emission allowances consisting of any units recognised for compliance with the requirements of directive 2003/87/ec (emissions trading scheme). . 4 for part 2 of schedule 2 (chapter vi of the commission regulation) substitute - part 2 articles 5 to 8, 10 and 11 of the commission regulation article 5 wholesale energy products that must be physically settled 1 for the purposes of section c(6) of annex i to directive 2014/65/eu , a wholesale energy product must be physically settled where all the following conditions are satisfied: a it contains provisions which ensure that parties to the contract have proportionate arrangements in place to be able to make or take delivery of the underlying commodity; a balancing agreement with the transmission system operator in the area of electricity and gas shall be considered a proportionate arrangement where the parties to the agreement have to ensure physical delivery of electricity or gas. b it establishes unconditional, unrestricted and enforceable obligations of the parties to the contract to deliver and take delivery of the underlying commodity; c it does not allow either party to replace physical delivery with cash settlement; d the obligations under the contract cannot be offset against obligations from other contracts between the parties concerned, without prejudice to the rights of the parties to the contract, to net their cash payment obligations. for the purposes of point (d), operational netting in power and gas markets shall not be considered as offsetting of obligations under a contract against obligations from other contracts. 2 operational netting shall be understood as any nomination of quantities of power and gas to be fed into a gridwork upon being so required by the rules or requests of a transmission system operator as defined in article 2(4) of directive 2009/72/ec of the european parliament and of the council for an entity performing an equivalent function to a transmission system operator at the national level. any nomination of quantities based on operational netting shall not be at the discretion of the parties to the contract. 3 for the purposes of section c(6) of annex i to directive 2014/65/eu , force majeure shall include any exceptional event or a set of circumstances which are outside the control of the parties to the contract, which the parties to the contract could not have reasonably foreseen or avoided by the exercise of appropriate and reasonable due diligence and which prevent one or both parties to the contract from fulfilling their contractual obligations. 4 for the purposes of section c(6) of annex i to directive 2014/65/eu bona fide inability to settle shall include any event or set of circumstances, not qualifying as force majeure as referred to in paragraph 3, which are objectively and expressly defined in the contract terms, for one or both parties to the contract, acting in good faith, not to fulfil their contractual obligations. 5 the existence of force majeure or bona fide inability to settle provisions shall not prevent a contract from being considered as 'physically settled' for the purposes of section c(6) of annex i to directive 2014/65/eu . 6 the existence of default clauses providing that a party is entitled to financial compensation in the case of non- or defective performance of the contract shall not prevent the contract from being considered as 'physically settled' within the meaning of section c(6) of annex i to directive 2014/65/eu . 7 the delivery methods for the contracts being considered as 'physically settled' within the meaning of section c(6) of annex i to directive 2014/65/eu shall include at least: a physical delivery of the relevant commodities themselves; b delivery of a document giving rights of an ownership nature to the relevant commodities or the relevant quantity of the commodities concerned; c other methods of bringing about the transfer of rights of an ownership nature in relation to the relevant quantity of goods without physically delivering them including notification, scheduling or nomination to the operator of an energy supply network, that entitles the recipient to the relevant quantity of the goods. article 6 energy derivative contracts relating to oil and coal and wholesale energy products 1 for the purposes of section c(6) of annex i to directive 2014/65/eu , energy derivative contracts relating to oil shall be contracts with mineral oil, of any description and petroleum gases, whether in liquid or vapour form, including products, components and derivatives of oil and oil transport fuels, including those with biofuel additives, as an underlying. 2 for the purposes of section c(6) of annex i to directive 2014/65/eu , energy derivative contracts relating to coal shall be contracts with coal, defined as a black or dark-brown combustible mineral substance consisting of carbonised vegetable matter, used as a fuel, as an underlying. 3 for the purposes of section c(6) of annex i to directive 2014/65/eu derivative contracts that have the characteristics of wholesale energy products as defined in article 2(4) of regulation (eu) 1227/2011 of the european parliament and council shall be derivatives with electricity or natural gas as an underlying, in accordance with points (b) and (d) of article 2(4) of that regulation. article 7 other derivative financial instruments 1 for the purposes of section c(7) of annex i to directive 2014/65/eu , a contract which is not a spot contract in accordance with paragraph 2 and which is not for commercial purposes as laid down in paragraph 4 shall be considered as having the characteristics of other derivative financial instruments where it satisfies the following conditions: a it meets one of the following criteria: i it is traded on a third country trading venue that performs a similar function to a regulated market, an mtf or an otf; ii it is expressly stated to be traded on, or is subject to the rules of, a regulated market, an mtf, an otf or such a third country trading venue; iii it is equivalent to a contract traded on a regulated market, mtf, an otf or such a third country trading venue, with regards to the price, the lot, the delivery date and other contractual terms; b it is standardised so that the price, the lot, the delivery date and other terms are determined principally by reference to regularly published prices, standard lots or standard delivery dates. 2 a spot contract for the purposes of paragraph 1 shall be a contract for the sale of a commodity, asset or right, under the terms of which delivery is scheduled to be made within the longer of the following periods: a 2 trading days; b the period generally accepted in the market for that commodity, asset or right as the standard delivery period. a contract shall not be considered a spot contract where, irrespective of its explicit terms, there is an understanding between the parties to the contract that delivery of the underlying is to be postponed and not to be performed within the period referred to in paragraph 2. 3 for the purposes of section c(10) of annex i to directive 2004/39/eu , a derivative contract relating to an underlying referred to in that section or in article 8 of this regulation shall be considered to have the characteristics of other derivative financial instruments where one of the following conditions is satisfied: a it is settled in cash or may be settled in cash at the option of one or more of the parties, otherwise than by reason of a default or other termination event; b it is traded on a regulated market, an mtf, an otf, or a third country trading venue that performs a similar function to a regulated market, mtf or an otf; c the conditions laid down in paragraph 1 are satisfied in relation to that contract. 4 a contract shall be considered to be for commercial purposes for the purposes of section c(7) of annex i to directive 2014/65/eu , and as not having the characteristics of other derivative financial instruments for the purposes of sections c(7) and (10) of that annex, where the following conditions are both met: a it is entered into with or by an operator or administrator of an energy transmission grid, energy balancing mechanism or pipeline network, b it is necessary to keep in balance the supplies and uses of energy at a given time, including the case when the reserve capacity contracted by an electricity transmission system operator as defined in article 2(4) of directive 2009/72/ec is being transferred from one prequalified balancing service provider to another prequalified balancing service provider with the consent of the relevant transmission system operator. article 8 derivatives under section c(10) of annex i to directive 2014/65/eu in addition to derivative contracts expressly referred to in section c(10) of annex i to directive 2014/65/eu , a derivative contract shall be subject to the provisions in that section where it meets the criteria set out in that section and in article 7(3) of this regulation and it relates to any of the following: a telecommunications bandwidth; b commodity storage capacity; c transmission or transportation capacity relating to commodities, whether cable, pipeline or other means with the exception of transmission rights related to electricity transmission cross zonal capacities when they are, on the primary market, entered into with or by a transmission system operator or any persons acting as service providers on their behalf and in order to allocate the transmission capacity; d an allowance, credit, permit, right or similar asset which is directly linked to the supply, distribution or consumption of energy derived from renewable resources, except if the contract is already with the scope of section c(4) of annex i to directive 2014/65/eu ; e a geological, environmental or other physical variable, except if the contract is relating to any units recognised for compliance with the requirements of directive 2003/87/ec of the european parliament and of the council; f any other asset or right of a fungible nature, other than a right to receive a service, that is capable of being transferred; g an index or measure related to the price or value of, or volume of transactions in any asset, right, service or obligation; h an index or measure based on actuarial statistics. article 10 characteristics of other derivative contracts relating to currencies 1 for the purposes of section c (4) of annex i to directive 2014/65/eu , other derivative contracts relating to a currency shall not be a financial instrument where the contract is one of the following: a a spot contract within the meaning of paragraph 2 of this article, b a means of payment that: i must be settled physically otherwise than by reason of a default or other termination event; ii is entered into by at least a person which is not a financial counterparty within the meaning of article 2(8) of regulation (eu) no. 648/2012 of the european parliament and of the council; iii is entered into in order to facilitate payment for identifiable goods, services or direct investment; and iv is not traded on a trading venue. 2 a spot contract for the purposes of paragraph 1 shall be a contract for the exchange of one currency against another currency, under the terms of which delivery is scheduled to be made within the longer of the following periods: a 2 trading days in respect of any pair of the major currencies set out in paragraph 3; b for any pair of currencies where at least one currency is not a major currency, the longer of 2 trading days or the period generally accepted in the market for that currency pair as the standard delivery period; c where the contract for the exchange of those currencies is used for the main purpose of the sale or purchase of a transferable security or a unit in a collective investment undertaking, the period generally accepted in the market for the settlement of that transferable security or a unit in a collective investment undertaking as the standard delivery period or 5 trading days, whichever is shorter. a contract shall not be considered a spot contract where, irrespective of its explicit terms, there is an understanding between the parties to the contract that delivery of the currency is to be postponed and not to be performed within the period set out in the first subparagraph. 3 the major currencies for the purposes of paragraph 2 shall only include the us dollar, euro, japanese yen, pound sterling, australian dollar, swiss franc, canadian dollar, hong kong dollar, swedish krona, new zealand dollar, singapore dollar, norwegian krone, mexican peso, croatian kuna, bulgarian lev, czech koruna, danish krone, hungarian forint, polish zoty and romanian leu. 4 for the purposes of paragraph 2, a trading day shall mean any day of normal trading in the jurisdiction of both the currencies that are exchanged pursuant to the contract for the exchange of those currencies and in the jurisdiction of a third currency where any of the following conditions are met: a the exchange of those currencies involves converting them through that third currency for the purposes of liquidity; b the standard delivery period for the exchange of those currencies references the jurisdiction of that third currency. article 11 money-market instruments money-market instruments in accordance with article 4(1)(17) of directive 2014/65/eu , shall include treasury bills, certificates of deposits, commercial papers and other instruments with substantively equivalent features where they have the following characteristics: a they have a value that can be determined at any time; b they are not derivatives; c they have a maturity at issuance of 397 days or less. . 5 in part 3 of schedule 2 (section a of annex i to the markets in financial instruments directive) - a in paragraph 8, for "multilateral trading facilities" substitute "an mtf"; b after paragraph 8 insert - 9 operation of an otf. . 6 for part 4 of schedule 2 (article 52 of commission directive 2006/73/ec ) substitute - part 4 article 9 of the commission regulation article 9 investment advice for the purposes of the definition of 'investment advice' in article 4(1)(4) of directive 2014/65/eu , a personal recommendation shall be considered a recommendation that is made to a person in his capacity as an investor or potential investor, or in his capacity as an agent for an investor or potential investor. that recommendation shall be presented as suitable for that person, or shall be based on a consideration of the circumstances of that person, and shall constitute a recommendation to take one of the following sets of steps: a to buy, sell, subscribe for, exchange, redeem, hold or underwrite a particular financial instrument; b to exercise or not to exercise any right conferred by a particular financial instrument to buy, sell, subscribe for, exchange, or redeem a financial instrument. a recommendation shall not be considered a personal recommendation if it is issued exclusively to the public. . substitution of schedule 3 to the order 11 for schedule 3 to the order (article 2 of the markets in financial instruments directive) substitute - schedule 3 article 2 of the markets in financial instruments directive and related subordinate legislation article 3(1) part 1 article 2 of the markets in financial instruments directive article 2 exemptions 1 this directive shall not apply to: a insurance undertakings or undertakings carrying out the reinsurance and retrocession activities referred to in directive 2009/138/ec when carrying out the activities referred to in that directive; b persons providing investment services exclusively for their parent undertakings, for their subsidiaries or for other subsidiaries of their parent undertakings; c persons providing an investment service where that service is provided in an incidental manner in the course of a professional activity and that activity is regulated by legal or regulatory provisions or a code of ethics governing the profession which do not exclude the provision of that service; d persons dealing on own account in financial instruments other than commodity derivatives or emission allowances or derivatives thereof and not providing any other investment services or performing any other investment activities in financial instruments other than commodity derivatives or emission allowances or derivatives thereof unless such persons: i are market makers; ii are members of or participants in a regulated market or an mtf, on the one hand, or have direct electronic access to a trading venue, on the other hand, except for non-financial entities who execute transactions on a trading venue which are objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity of those non-financial entities or their groups; iii apply a high frequency algorithmic trading technique; or iv deal on own account when executing client orders; persons exempt under points (a), (i) or (j) are not required to meet the conditions laid down in this point in order to be exempt. e operators with compliance obligations under directive 2003/87/ec who, when dealing in emission allowances, do not execute client orders and who do not provide any investment services or perform any investment activities other than dealing on own account, provided that those persons do not apply a high frequency algorithmic trading technique; f persons providing investment services consisting exclusively in the administration of employee participation schemes; g persons providing investment services which only involve both the administration of employee participation schemes and the provision of investment services exclusively for their parent undertakings, for their subsidiaries or for other subsidiaries of their parent undertakings; h the members of the escb and other national bodies performing similar functions in the union, other public bodies charged with or intervening in the management of the public debt in the union and international financial institutions established by two or more member states which have the purpose of mobilising funding and providing financial assistance to the benefit of their members that are experiencing or threatened by severe financing problems; i collective investment undertakings and pension funds whether coordinated at union level or not and the depositaries and managers of such undertakings; j persons: i dealing on own account, including market makers, in commodity derivatives or emission allowances or derivatives thereof, excluding persons who deal on own account when executing client orders; or ii providing investment services, other than dealing on own account, in commodity derivatives or emission allowances or derivatives thereof to the customers or suppliers of their main business; provided that: for each of those cases individually and on an aggregate basis this is an ancillary activity to their main business, when considered on a group basis, and that main business is not the provision of investment services within the meaning of this directive or banking activities under directive 2013/36/eu , or acting as a market maker in relation to commodity derivatives, those persons do not apply a high frequency algorithmic trading technique; and those persons notify annually the relevant competent authority that they make use of this exemption and upon request report to the competent authority the basis on which they consider that their activity under points (i) and (ii) is ancillary to their main business; k persons providing investment advice in the course of providing another professional activity not covered by this directive provided that the provision of such advice is not specifically remunerated; l associations set up by danish and finnish pension funds with the sole aim of managing the assets of pension funds that are members of those associations; m 'agenti di cambio' whose activities and functions are governed by article 201 of italian legislative decree no 58 of 24 february 1998; n transmission system operators as defined in article 2(4) of directive 2009/72/ec or article 2(4) of directive 2009/73/ec when carrying out their tasks under those directives, under regulation (ec) no 714/2009 , under regulation (ec) no 715/2009 or under network codes or guidelines adopted pursuant to those regulations, any persons acting as service providers on their behalf to carry out their task under those legislative acts or under network codes or guidelines adopted pursuant to those regulations, and any operator or administrator of an energy balancing mechanism, pipeline network or system to keep in balance the supplies and uses of energy when carrying out such tasks. that exemption shall apply to persons engaged in the activities set out in this point only where they perform investment activities or provide investment services relating to commodity derivatives in order to carry out those activities. that exemption shall not apply with regard to the operation of a secondary market, including a platform for secondary trading in financial transmission rights; o csds except as provided for in article 73 of regulation (eu) no 909/2014 of the european parliament and of the council. 2 the rights conferred by this directive shall not extend to the provision of services as counterparty in transactions carried out by public bodies dealing with public debt or by members of the escb performing their tasks as provided for by the tfeu and by protocol no 4 on the statute of the european system of central banks and of the european central bank or performing equivalent functions under national provisions. 3 the commission shall adopt delegated acts in accordance with article 89 to clarify for the purposes of point (c) of paragraph 1 when an activity is provided in an incidental manner. 4 esma shall develop draft regulatory technical standards to specify, for the purposes of point (j) of paragraph 1, the criteria for establishing when an activity is to be considered to be ancillary to the main business at a group level. those criteria shall take into account at least the following elements: a the need for ancillary activities to constitute a minority of activities at a group level; b the size of their trading activity compared to the overall market trading activity in that asset class. in determining the extent to which ancillary activities constitute a minority of activities at a group level esma may determine that the capital employed for carrying out the ancillary activity relative to the capital employed for carrying out the main business is to be considered. however, that factor shall in no case be sufficient to demonstrate that the activity is ancillary to the main business of the group. the activities referred to in this paragraph shall be considered at a group level. the elements referred to in the second and third subparagraphs shall exclude: a intra-group transactions as referred to in article 3 of regulation (eu) no 648/2012 that serve group-wide liquidity or risk management purposes; b transactions in derivatives which are objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity; c transactions in commodity derivatives and emission allowances entered into to fulfil obligations to provide liquidity on a trading venue, where such obligations are required by regulatory authorities in accordance with union law or with national laws, regulations and administrative provisions, or by trading venues. esma shall submit those draft regulatory technical standards to the commission by 3 july 2015. power is delegated to the commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with articles 10 to 14 of regulation (eu) no 1095/2010. part 2 article 4 of the commission regulation article 4 provision of investment service in an incidental manner for the purpose of the exemption in point (c) of article 2(1) of directive 2014/65/eu , an investment service shall be deemed to be provided in an incidental manner in the course of a professional activity where the following conditions are satisfied: a a close and factual connection exists between the professional activity and the provision of the investment service to the same client, such that the investment service can be regarded as accessory to the main professional activity; b the provision of investment services to the clients of the main professional activity does not aim to provide a systematic source of income to the person providing the professional activity; and c the person providing the professional activity does not market or otherwise promote his ability to provide investment services, except where these are disclosed to clients as being accessory to the main professional activity. . minor and consequential amendments to the order 12 1 the order is further amended as follows. 2 in article 4 (specified activities: general), in paragraph (4)(b) - a after "16," insert "18,"; b after "29," insert "34,". 3 in articles 14(2) (dealing in investments as principal), 21(2) (dealing in investments as agent) and 25(3) (arranging deals in investments) after "25d" insert "or 25da". 4 in article 18 (issue by a company of its own shares etc ), after paragraph (2) insert - 3 this article is subject to article 4(4). . 5 in article 25d(2)(a), after "81," insert "82b,". 6 in article 34 (arrangements for the issue of shares etc), after paragraph (2) insert - 3 this article is subject to article 4(4). . 7 in article 64 (agreeing to carry on specified kinds of activity) after "25d," insert "25da,". 8 in article 72h (insolvency practitioners) after paragraph (2)(d) insert - da article 25da (operating an organised trading facility); . fca general rules: product intervention and the integrity objective 13 1 the integrity objective applies for the purposes of section 137d of the act (fca general rules: product intervention). 2 for the purposes of this article, "the integrity objective" means the integrity objective in section 1d of the act (the integrity objective). amendments to other legislation 14 the schedule, which makes consequential amendments to primary and secondary legislation, has effect. applications for permission or approval and variation of permission or approval 15 1 where a person makes a completed application before 3rd july 2017 under part 4a of the act for a permission or a variation of permission in relation to any specified activity or any specified investment amended or inserted by this order, section 55v(1) of the act (applications to be determined by the appropriate regulator within six months) does not apply to the application. 2 where a person makes a completed application before 3rd july 2017 under section 60 of the act (applications for approval) for an approval, or under section 63za of the act (variation of approval) for a variation of an approval, in relation to any specified activity or any specified investment amended or inserted by this order, section 61(3) of the act (determination of applications) does not apply to the application. 3 if the appropriate regulator has not determined an application to which paragraph (1) or (2) applies before the end of the period of six months beginning on the date on which it received the completed application it must inform the applicant of the progress being made on the application. 4 in any event the appropriate regulator must determine an application to which paragraph (1) or (2) applies before 3rd january 2018. 5 in this article the "appropriator regulator" has the same meaning as in - a section 55u(6) of the act in the case of an application for a permission under part 4a of the act; or b section 60(9) of the act in the case of an application for an approval under section 60 of the act. transitional provision: structured deposits 16 1 notwithstanding article 15, paragraph (2) applies where - a a person ("p") gives notice to the appropriate regulator before 3rd january 2018, in such form as the appropriate regulator directs, that p wishes to carry on a permitted activity in relation to structured deposits, b the appropriate regulator acknowledges receipt of the notice in writing, and c immediately before 3rd january 2018 p had a part 4a permission to carry on the permitted activity to which the notice under sub-paragraph (a) relates. 2 p's part 4a permission is to be treated, from 3rd january 2018 (or the date of acknowledgement of receipt, if later), as including permission to carry on any permitted activity to which the notice under paragraph (1)(a) relates in relation to structured deposits. 3 in this article "appropriate regulator" means - a in respect of a pra-authorised person, the pra; and b in respect of all other persons, the fca; "permitted activity" means an activity of the kind specified by article 21, 25, 37 or 53 of the order. review 17 1 the treasury must from time to time - a carry out a review of articles 2 to 16, b set out the conclusions of the review in a report, and c publish the report. 2 in carrying out the review the treasury must, so far as is reasonable, have regard to how directive 2014/65/eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments (recast) (which is implemented in part by means of articles 2 to 16) is implemented in other member states. 3 the report must in particular - a set out the objectives intended to be achieved by the regulatory provision made by articles 2 to 16, b assess the extent to which those objectives are achieved, and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 4 the first report under this article must be published before the end of the period of five years beginning with 1st april 2017. 5 reports under this article are afterwards to be published at intervals not exceeding five years. david evennett guto bebb two of the lords commissioners of her majesty's treasury 28th march 2017

part 1 preliminary citation and commencement 1 these regulations may be cited as the judicial pensions (fee-paid judges) regulations 2017 and come into force on - a 1st april 2017, or b if later, the day after the day on which they are made. interpretation 2 1 in these regulations - "the 1995 regulations" means the judicial pensions (additional voluntary contributions) regulations 1995 ; "the 2017 schemes" means the principal scheme, the javc scheme, the fpjays and the jasaps; "the javc scheme" has the meaning given by regulation 90; "the fpjays" means the fee-paid judicial added years scheme constituted by part 13; "the jasaps" means the fee-paid judicial added surviving adult's pension scheme constituted by part 14; "active member" has the meaning given by regulation 9; "the administrators" means the administrators entrusted with the administration of the scheme constituted by part 1 of the judicial pensions and retirement act 1993; "appropriate annual salary" has the meaning given by regulation 7; "benefits" means any pension or lump sum payable under the principal scheme except where the context otherwise requires; "benefit crystallisation event" has the meaning given by section 216 of the finance act 2004 ; "the commencement day" means the date on which these regulations come into force; "eligible child" has the meaning given by regulation 40; "eligible fee-paid judicial office" has the meaning given by regulation 3(2); "fee-paid judicial office" has the meaning given by regulation 3(1); "guaranteed minimum pension" has the meaning given in paragraph 1(1) of schedule 2 to the judicial pensions and retirement act 1993 ; "the ill-health certification condition" has the meaning given by regulation 23; "the interim payments amount" has the meaning given by regulation 49; "judicial office" has the meaning given by regulation 3(1); "lifetime allowance charge" has the meaning given by section 214 of the finance act 2004; "member" means a person who is a member of the principal scheme under regulation 8; "normal pension age" means (except in part 11) age 65, or the age of a member on the date on which that member has completed in aggregate at least 5 years' qualifying judicial service if that date is later than the date on which the member attains the age of 65; "opted-out member" has the meaning given by regulation 9; "partial retirement" has the meaning given by regulation 3(4); "permitted maximum" has the meaning given in section 3(3a) of the judicial pensions and retirement act 1993 ; "the principal scheme" means the scheme constituted by parts 1 to 11 of these regulations; "qualifying child" in relation to a member means a child who would be an eligible child if the member were dead; "qualifying fee-paid day" has the meaning given by regulation 4; "qualifying fee-paid service" has the meaning given by regulation 4; "qualifying judicial service" has the meaning given by regulation 6; "reckonable service" has the meaning given by regulation 5; "registered pension scheme" means a pension scheme that is a registered pension scheme under chapter 2 of part 4 of the finance act 2004 ; "retires" has the meaning given by regulation 3(3) and cognate expressions are to be construed accordingly; "surviving adult" has the meaning given by regulation 35(a); "surviving adult's pension" has the meaning given by regulation 35(d); "surviving civil partner" has the meaning given by regulation 35(c); "surviving spouse" has the meaning given by regulation 35(b); "tax year" has the meaning given in section 4(2) of the income tax act 2007 . 2 where a calculation performed under these regulations - a results in an amount containing a fraction of 1, the amount is to be rounded up to the next whole 1, b results in a period containing a fraction of a year, the period is to be given to four decimal places. judicial office, retirement and partial retirement 3 1 in these regulations - a "judicial office" means an office specified in column 1 of the schedule ("a specified office"), an office which has been replaced by a specified office, or an office specified in schedule 1 to the judicial pensions and retirement act 1993 ; b "fee-paid judicial office" means a judicial office held by a person whose service in that office is remunerated by the payment of fees (as opposed to the payment of salary). 2 for the purposes of these regulations, a fee-paid judicial office held by a person ("p") is an "eligible fee-paid judicial office" if p satisfies the conditions for membership of the principal scheme under regulation 8(1) or (5) (members) in respect of that office. 3 for the purposes of these regulations, p "retires" at the time when p, having held one or more judicial offices - a ceases to hold all such offices, other than by reason of p's death; and b is not immediately afterwards appointed to another judicial office. 4 in these regulations, a reference to a member taking "partial retirement" in respect of a fee-paid judicial office is to the member giving notice in relation to that office under regulation 27(2). qualifying fee-paid days and qualifying fee-paid service 4 1 for the purposes of these regulations, a day ("the relevant day") is a "qualifying fee-paid day" worked by a member ("p") in an eligible fee-paid judicial office, if - a p received a fee, in p's capacity as the holder of that fee-paid judicial office, in respect of the relevant day; and b the following conditions are met. 2 the conditions are - a that p is not an opted-out member of the principal scheme on the relevant day; b that the relevant day is on or after 7th april 2000; c that p is not eligible to be a member of the pension scheme established by the judicial pensions regulations 2015 in relation to the relevant day. 3 in these regulations "qualifying fee-paid service", in relation to an eligible fee-paid judicial office held by p, means (subject to paragraph (5)) the total number of qualifying fee-paid days worked by p in that office. 4 where the fee paid to p in respect of a qualifying fee-paid day was not paid at the full daily rate for the fee-paid judicial office in question but at a proportion of that rate, only that proportion of the qualifying fee-paid day is to be taken into account under paragraph (4) in determining p's qualifying fee-paid service. 5 for the purposes of this regulation, "fee" does not include statutory sick pay, statutory maternity pay, statutory paternity pay, statutory adoption pay or statutory shared parental pay. 6 where at any time after 1st april 2010 p takes maternity leave during p's appointment to an eligible fee-paid judicial office p's qualifying fee-paid service is to be increased by adding z days in relation to each period of maternity leave taken by p after that date, where z is determined in accordance with the following formula - w a 52 where - w is the number of weeks of p's maternity leave; a is the number of qualifying fee-paid days worked by p in the twelve months ending with the day before the fifteenth week before the date notified by p to the ministry of justice as p's expected date of childbirth. 7 for the purposes of paragraph (6), "maternity leave" includes compulsory maternity leave and ordinary maternity leave as defined in section 213 of the equality act 2010 . reckonable service 5 1 in these regulations, "reckonable service", in relation to an eligible fee-paid judicial office ("the relevant office") held by a member ("p"), means the period, expressed in years and any fraction of a year, determined in accordance with the following formula - m n where - m is p's qualifying fee-paid service in the relevant office; n is the annual divisor for that office specified in column 2 of the schedule. 2 but where p's reckonable service in relation to the relevant office, as determined under paragraph (1), is greater than the maximum amount in relation to that office, p's reckonable service is instead that maximum amount. 3 paragraph (4) applies where, on the reckonable service date, the only eligible fee-paid judicial office in which p has qualifying fee-paid service is the relevant office. 4 the maximum amount in relation to the relevant office is the amount determined in accordance with the formula - 20 a 5 paragraph (6) applies where - a on the reckonable service date, p has qualifying fee-paid judicial service in more than one eligible fee-paid judicial offices, but b the relevant office is the only such office that p holds on that date. 6 the maximum amount in relation to the relevant office is the amount determined in accordance with the formula - 20 ( a + b ) 7 paragraph (8) applies where p ceases to hold one or more eligible fee-paid judicial offices on the reckonable service date. 8 the maximum amount in relation to each of those eligible fee-paid judicial offices is to be calculated separately by taking the following steps. step 1 calculate the maximum amount for the eligible fee-paid judicial office with the highest appropriate annual salary in accordance with the formula - 20 ( a + b ) step 2 calculate the maximum amount for each of the other eligible fee-paid judicial offices in turn, taking the judicial office with the next highest appropriate annual salary before judicial offices with a lower appropriate annual salary, in accordance with the formula - 20 ( a + b + c ) 9 for the purposes of this regulation, a is - a where p is not entitled to a pension under part 1 of the judicial pensions and retirement act 1993 on the reckonable service date and will not become entitled to such a pension at any time after that date, nil; b otherwise, the smaller of - i the aggregate length of p's service in qualifying judicial office (within the meaning of that part of that act), and ii 20. 10 for the purposes of this regulation, b is - a where - i a is 20, or ii p has not, before the reckonable service date, ceased to hold an eligible fee-paid judicial office in respect of which p has taken partial retirement, nil; b otherwise, the smaller of - i the aggregate length of p's reckonable service in eligible fee-paid judicial offices which p ceased to hold before the reckonable service date and in respect of which p has taken partial retirement, and ii 20 a . 11 for the purposes of this regulation, c is - a where a + b 20 , nil; b otherwise, the smaller of - i the aggregate length of p's reckonable service in the eligible fee-paid judicial offices which p ceased to hold on the reckonable service date for which the maximum amount of p's reckonable service has already been calculated under paragraph (8), or ii 20 ( a + b ) . 12 for the purposes of paragraphs (10)(b)(i) and (11)(b)(i), the aggregate length of p's reckonable service in the eligible fee-paid judicial offices referred to in those paragraphs is to be determined in accordance with the formula in paragraph (1) as though paragraph (2) does not apply. 13 where paragraph (6) or (8) do not permit all p's reckonable service to be taken into account, p's reckonable service in judicial offices with a higher appropriate annual salary is to be taken into account before p's reckonable service in judicial offices with a lower appropriate annual salary. 14 where the maximum amount in relation to the relevant office would (apart from this paragraph) be negative, it is instead nil. 15 in this regulation "the reckonable service date" means the day on which p ceases to hold the relevant office. qualifying judicial service 6 1 in these regulations, "qualifying judicial service", in relation to a member ("p"), means the period during which p holds a judicial office. 2 for the purposes of determining p's qualifying judicial service - a it does not matter whether p holds a judicial office before or after the commencement day; b where there is more than one period during which p holds a judicial office, all such periods are to be aggregated; c where p holds more than one judicial office during any period, the period is to be counted only once; d any period during which p is an opted-out member of the principal scheme is to be disregarded; and e any period during which p held a fee-paid judicial office which is not an eligible fee-paid judicial office is to be disregarded. appropriate annual salary 7 1 references in these regulations to "the appropriate annual salary" of a judicial office ("the relevant judicial office") held by a member ("p"), are to be construed in accordance with paragraphs (2) and (3). 2 where the relevant judicial office is a fee-paid judicial office, the references are to the amount determined in accordance with the following formula - f n where - f is the higher of - the highest daily fee payable to a holder of that office within the period of 3 years ending with - where p takes partial retirement in relation to the relevant judicial office, the day on which p takes partial retirement, otherwise, the day on which p retires, or the daily fee in relation to the period referred to in paragraph (i) which has been determined by an employment tribunal or accepted by the appropriate minister to be payable to a holder of that office; and n is the annual divisor for that office specified in column 2 of the schedule. 3 where the relevant judicial office is a salaried judicial office, the references are to the highest salary payable to p in respect of any continuous period of 12 months falling within the period of 3 years ending with - a where p takes partial retirement in relation to the relevant judicial office, the day on which p takes partial retirement, b otherwise, the day on which p retires. 4 in determining the highest daily fee payable to the holder of a judicial office, no account is to be taken of - a a daily fee which is only payable to a single holder of a particular office at that time, unless that fee was payable to p in respect of the office in question, b any amount added to the fee by way of a london weighting, unless p was at any time in the period referred to in paragraph (2)(a)(i) entitled to a london weighting in respect of the office in question. 5 in this regulation - a for the purposes of paragraph (2)(a), first-tier tribunal judges holding office in different chambers of the first-tier tribunal are to be treated as holding different judicial offices (but p is not to be treated as taking partial retirement from a relevant office if p leaves a chamber of the first-tier tribunal, if p continues to be a first-tier tribunal judge); b "salaried judicial office" means a judicial office held by a person which is remunerated by payment of a salary. part 2 principal scheme membership members 8 1 a person ("p") is a member of the principal scheme if p held a fee-paid judicial office at any time in the period beginning with 7th april 2000 and ending with 31st march 2015 and either - a p did not cease to hold that office before the relevant date; b p ceased to hold that office before the relevant date and condition a is met; or c p died before the relevant date without having ceased to hold that office and condition b is met. 2 condition a is that - a p presented a claim under the part-time worker (prevention of less favourable treatment) regulations 2000 that p is entitled to a pension by virtue of holding that office ("a relevant claim") to an employment tribunal or an industrial tribunal, and - i the claim was presented before the end of the period of 3 months beginning with the date on which p ceased to hold that office; or ii the tribunal has determined, or the appropriate minister has accepted, that it is just and equitable to extend time for the presentation of the claim; or b the appropriate minister has accepted that if p presented a relevant claim, that claim would be in time (taking into account any extension of time). 3 condition b is that - a p's personal representatives made a claim to an employment tribunal or an industrial tribunal before the end of the period of 3 months beginning with the date on which p died that benefits are payable in respect of p's death by virtue of p having held that office and that claim has not been rejected before the commencement day, or b an employment tribunal or an industrial tribunal has determined, or the appropriate minister has accepted, that p's personal representatives are entitled to bring a claim that benefits are payable in respect of p's death by virtue of p having held that office. 4 where p ceased to hold a fee-paid judicial office before the relevant date and also died before the relevant date, but - a p had presented a relevant claim which would have satisfied paragraph (2)(a) before death, condition a is to be treated as satisfied, or b p's personal representatives had made a claim before the end of the period of 3 months beginning with the date on which p ceased to hold that office that benefits are payable in respect of p's death by virtue of p having held that office, condition b is to be treated as satisfied. 5 p is also a member of the principal scheme if - a p did not hold a fee-paid judicial office before 1st april 2015; b p is a person in whose case section 18(1) of the 2013 act or section 18(1) of the 2014 act (restriction of existing pension schemes) does not apply in relation to an existing scheme by virtue of provision made under section 18(5) or (5a) of the 2013 act or section 18(5) or (6) of the 2014 act (transitional protection under existing schemes); and c within the period of 5 years beginning with the final day of service in respect of which p is entitled to benefits under the existing scheme mentioned in sub-paragraph (b), p is appointed to a fee-paid judicial office. 6 in paragraph (5) - "the 2013 act" is the public service pensions act 2013 ; "the 2014 act" is the public service pensions act (northern ireland) 2014 ; "existing scheme" has the meaning given by section 18(2) of the 2013 act and section 18(2) of the 2014 act. 7 for the purposes of this regulation, "the relevant date" is - a 1st february 2013 where p only held a fee-paid judicial office - i whose jurisdiction is exercised exclusively in relation to northern ireland, ii which is not one of the offices referred to in paragraph 11 of schedule 2 to the northern ireland act 1998 ; b 2nd december 2012 in all other cases. opted-out members and active members 9 1 a member ("p") is an "opted-out member" of the principal scheme on any day if p - a has, on or before that day, opted out of the principal scheme under regulation 10; and b has not opted back in under regulation 11. 2 if p retired before these regulations came into force and opts out under regulation 10(1)(b), p is treated as always having been an opted-out member. 3 p is an "active member" of the principal scheme on any day if - a p is not an opted-out member; b p holds an eligible fee-paid judicial office on that day; and c if p had received a fee in p's capacity as a holder of that office in respect of that day, the day would have been a qualifying fee-paid day. opting out 10 1 a member who - a has not retired, or b retired before these regulations came into force, may opt out by sending a notice to the appropriate minister. 2 the notice - a must be in the form determined by the appropriate minister, and b must (unless regulation 9(2) applies) specify the date on which the member wishes to opt out. 3 subject to regulation 9(2), the member opts out on the date specified under paragraph (2) or, if earlier, 3 months after the date on which the appropriate minister receives the notice. opting back in 11 1 a member ("p") who has opted out and who has not retired may apply to the appropriate minister, in the form determined by the appropriate minister, to opt back in. 2 the application must be accompanied by such evidence relating to p's health as the appropriate minister may require. 3 p must submit to any medical examination as the appropriate minister may require in connection with the application. 4 if the appropriate minister is satisfied that p is in good health, the appropriate minister must allow the application. 5 the appropriate minister must, within the period of 3 months beginning with the date on which the application is received, send a notice to p specifying - a whether the appropriate minister has allowed the application; and b the date on which the decision was made. 6 if the appropriate minister has allowed the application, the member opts back in on the date specified under paragraph (5)(b), or (if earlier), the date three months after the date on which the application was received. part 3 retirement benefits retirement aged 65 or over: entitlement to ordinary pension 12 1 this regulation applies where - a a member ("p") retires (whether before, on or after the commencement day); and b on the day on which p retires, p - i has reached the age of 65; ii has at least 5 years' qualifying judicial service, and iii has accrued reckonable service in relation to an eligible fee-paid judicial office. 2 on the pension start day, p becomes entitled to the payment for life of a pension. 3 in this regulation "the pension start day" means - a the day after that on which p retires; or b if later, the commencement day. annual rate of ordinary pension 13 1 the annual rate of a pension to which a member ("p") becomes entitled under regulation 12 is determined under paragraph (3), (5) or (7) (whichever applies). 2 paragraph (3) applies where, on retirement, p has reckonable service in only one eligible fee-paid judicial office ("the relevant office"). 3 the annual rate is determined in accordance with the following formula - r 40 s where - r is p's reckonable service in the relevant office; s is the appropriate annual salary of the judicial office held by p immediately before retirement. 4 paragraph (5) applies where - a on retirement, p has reckonable service in more than one eligible fee-paid judicial office; and b p did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously. 5 the annual rate is determined in accordance with the following formula - a r 40 s where - ar is the aggregate length of p's reckonable service in eligible fee-paid judicial offices; s is the appropriate annual salary of the judicial office held by p immediately before retirement. 6 paragraph (7) applies where - a on retirement, p has reckonable service in more than one eligible fee-paid judicial office ("the relevant offices"); and b at any time before retirement, p held two or more relevant offices simultaneously. 7 the annual rate is determined by taking the following steps - step 1 determine the annual rate under paragraph (3) in relation to each relevant office which p held simultaneously, as if - that office were the only office in which p had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5); and p held that office (and held no other judicial office) immediately before retirement. step 2 determine the annual rate under paragraph (5) in relation to those relevant offices which p did not hold simultaneously with another relevant office, and for these purposes, in paragraph (5), s is - where p held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office; where p held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices. step 3 add together each of the rates found under step 1 and the rate found under step 2. 8 paragraph (9) applies where - a during one or more parts of the period for which p held an eligible fee-paid judicial office ("office a"), p held one or more other eligible fee-paid judicial offices simultaneously, and b during one or more parts of that period p held no eligible fee-paid judicial office other than office a. 9 for the purposes of paragraph (7) - a office a is to be treated as two different relevant offices - i the first of which ("the first office") is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(a), and accordingly, is taken into consideration in step 1 in paragraph (7), and ii the second of which ("the second office") is held for the period (or the aggregate of the periods) mentioned in paragraph (8)(b) and, accordingly is taken into consideration in step 2 in paragraph (7), and b p's reckonable service in office a is to be apportioned between the first and the second offices in the same proportion as that between the period p held the first office and the period p held the second office. retirement between the ages of 60 and 65: entitlement to reduced pension 14 1 this regulation applies where - a a member ("p") retires (whether before, on or after the commencement day); and b on the day on which p retires, p - i has reached the age of 60 but not the age of 65, and ii has at least 5 years' qualifying judicial service. 2 on the pension start day, p becomes entitled to the payment for life of a pension. 3 in this regulation "the pension start day" means - a the day after that on which p retires; or b if later, the commencement day. retirement under age of 60 on removal from judicial office: entitlement to reduced pension 15 1 this regulation applies where - a a member ("p") retires (whether before, on or after the commencement day) by virtue of having been removed from all judicial offices held by p; b on the day on which p retires, p has not reached the age of 60; and c the appropriate minister recommends to the administrators that p's accrued rights under the principal scheme be given immediate effect. 2 the administrators must notify p of the recommendation under paragraph (1)(c). 3 if p elects in writing to the administrators within 3 months of receiving the notice that p wishes to receive benefits under this regulation - a p becomes entitled, on the day on which the administrators receive the election, to the payment for life of a pension; and b p also becomes entitled, on that day, to the amount p would have been entitled to if p had been entitled under this regulation to the payment of a pension in respect of the period beginning with the pension start day and ending with the day before the day mentioned in sub-paragraph (a). 4 in this regulation "the pension start day" means - a the day after that on which p retires; or b if later, the commencement day. annual rate of reduced pension 16 1 the annual rate of a pension to which a member ("p") becomes entitled under regulation 14 or 15 is determined under paragraph (3), (5) or (7) (whichever applies). 2 paragraph (3) applies where, on retirement, p has reckonable service in only one eligible fee-paid judicial office ("the relevant office"). 3 the annual rate is determined in accordance with the following formula - ( r 40 ) ( a + ( b 365 ( c a ) ) ) where - r is p's reckonable service in the relevant office; s is the appropriate annual salary of the judicial office held by p immediately before retirement; a is the actuarial reduction factor set out in the table corresponding to p's age on p's birthday preceding the retirement day; b is the number of days in the period beginning with p's birthday preceding the retirement day and ending with the retirement day; c is the actuarial reduction factor set out in the table appropriate to p's age on p's birthday following the retirement day. 4 paragraph (5) applies where - a on retirement, p has reckonable service in more than one eligible fee-paid judicial office; and b p did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously. 5 the annual rate is determined in accordance with the following formula - ( a r 40 s ) ( a + ( b 365 ( c a ) ) ) where - ar is the aggregate length of p's reckonable service in eligible fee-paid judicial offices; s is the appropriate annual salary of the judicial office held by p immediately before retirement; a is the actuarial reduction factor set out in the table corresponding to p's age on p's birthday preceding the retirement day; b is the number of days in the period beginning with p's birthday preceding the retirement day and ending with the retirement day; c is the actuarial reduction factor set out in the table appropriate to p's age on p's birthday following the retirement day. 6 paragraph (7) applies where - a on retirement p has reckonable service in more than one eligible fee-paid judicial office ("the relevant offices"); and b at any time before retirement, p held two or more relevant offices simultaneously. 7 the annual rate is determined by taking the following steps: step 1 determine the annual rate under paragraph (3), in relation to each relevant office which p held simultaneously, as if - that office were the only office in which p had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and p held that office (and held no other judicial office) immediately before retirement. step 2 determine the annual rate under paragraph (5), in relation to those relevant offices which p did not hold simultaneously with another judicial office, and for these purposes, in paragraph (5) s is - where p held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office; where p held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices. step 3 add together each of the rates found under step 1 and the rate found under step 2. 8 in this regulation - a "the retirement day" means the day on which p retires; b "the table" means the table in the schedule to the judicial pensions (miscellaneous) regulations 1995 , as it has effect on the retirement day. 9 paragraph (10) applies where - a during one or more parts of the period for which p held an eligible fee-paid judicial office ("office a"), p held one or more other eligible fee-paid judicial offices simultaneously, and b during one or more parts of that period p held no eligible fee-paid judicial office other than office a. 10 for the purposes of paragraph (7) - a office a is to be treated as two different relevant offices - i the first of which ("the first office") is held for the period (or the aggregate of the periods) mentioned in paragraph (9)(a), and accordingly, is taken into consideration in step 1 in paragraph (7), and ii the second of which ("the second office") is held for the period (or the aggregate of the periods) mentioned in paragraph (9)(b) and, accordingly is taken into consideration in step 2 in paragraph (7), and b p's reckonable service in office a is to be apportioned between the first and the second offices in the same proportion as that between the period p held the first office and the period p held the second office. retirement under the normal pension age: entitlement to preserved pension 17 1 this regulation applies where - a a member ("p") retires (whether before, on or after the commencement day); b if p retires by virtue of having been removed from all judicial offices held by p - i the appropriate minister makes a recommendation under regulation 15(1)(c), and ii p does not make an election under regulation 15(3); and c on the day on which p retires, p - i has not reached normal pension age, ii has at least 2 years' qualifying judicial service; and iii is not entitled to a pension under regulation 14. 2 on the pension start day, p becomes entitled to the payment for life of a pension. 3 in this regulation "the pension start day" means - a the day on which p - i reaches the age of 65, or ii (if later) would have completed five years' qualifying judicial service, if p had continued to hold a judicial office; or b if later, the commencement day. annual rate of preserved pension 18 1 the annual rate of a pension to which a member ("p") is entitled under regulation 17 is determined under paragraph (3) or (5) (whichever applies). 2 paragraph (3) applies where, on retirement - a p has reckonable service in one or more eligible fee-paid judicial offices, and b p did not, at any time before retirement, hold two or more eligible fee-paid judicial offices simultaneously. 3 the annual rate is determined in accordance with the following formula - ( r 40 s ) z z + y where - r is the maximum amount of reckonable service which p would be able to accrue if p continued in eligible fee-paid judicial office until the date on which p reaches normal pension age, assuming that p would have accrued reckonable service each year until that date equal to - n z where - n is the reckonable service which p accrued before the date on which p retired, calculated under regulation 5(1) as though regulation 5(2) did not apply; z is the period, or the aggregate of the periods, expressed in years and any fraction of a year during which p held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met; s is the appropriate annual salary of the judicial office held by p immediately before retirement; z has the meaning given in sub-paragraph (a)(ii); y is the period, expressed in years and any fraction of a year, beginning with the day on which p retired and ending with the day on which p reaches normal pension age. 4 paragraph (5) applies where - a on retirement p has reckonable service in more than one eligible fee-paid judicial office ("the relevant offices"), and b at any time before retirement, p held two or more relevant offices simultaneously. 5 the annual rate is determined by taking the following steps - step 1 determine the annual rate under paragraph (3) of this regulation in relation to those relevant offices which p did not hold simultaneously with another relevant office, and for these purposes, in paragraph (3)(b), s is - where p held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office; where p held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices. step 2 determine the annual rate under paragraph (3) of this regulation, in relation to each relevant office which p held simultaneously, as if - that office were the only office in which p had reckonable service on retirement (except in determining the maximum amount in relation to that office under regulation 5), and p held that office (and held no other judicial office) immediately before retirement. step 3 add together the rate found under step 1 and each of the rates found under step 2. 6 paragraph (7) applies where - a during one or more parts of the period for which p held an eligible fee-paid judicial office ("office a"), p held one or more other eligible fee-paid judicial offices simultaneously, and b during one or more parts of that period p held no eligible fee-paid judicial office other than office a. 7 for the purposes of paragraph (5) - a office a is to be treated as two different relevant offices - i the first of which ("the first office") is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(a), and accordingly, is taken into consideration in step 1 in paragraph (5), and ii the second of which ("the second office") is held for the period (or the aggregate of the periods) mentioned in paragraph (6)(b) and, accordingly is taken into consideration in step 2 in paragraph (5); and b p's reckonable service in office a is to be apportioned between the first and the second offices in the same proportion as that between the period p held the first office and the period p held the second office. retirement aged 65 or over due to ill-health: entitlement to ill-health ordinary pension 19 1 this regulation applies where - a a member ("p") retires (whether before, on or after the commencement day); b on the day on which p retires, p - i has reached the age of 65; and ii has less than 5 years' qualifying judicial service; and c the ill-health certification condition is met in relation to p. 2 on the pension start day, p becomes entitled to the payment for life of a pension. 3 in this regulation "the pension start day" means - a the day after that on which p retires, or b if later, the commencement day. annual rate of ill-health ordinary pension 20 regulation 13 applies in relation to the annual rate of a pension to which a member becomes entitled under regulation 19 as it applies in relation to the annual rate of a pension to which a member becomes entitled under regulation 12. retirement under 65 due to ill-health: entitlement to ill-health enhanced pension 21 1 this regulation applies where - a a member ("p") retires (whether before, on or after the commencement day); b on the day on which p retires, p has not reached the age of 65; and c the ill-health certification condition is met in relation to p. 2 on the pension start day, p becomes entitled to the payment for life of a pension. 3 in this regulation "the pension start day" means - a the day after that on which p retires, or b if later, the commencement day. 4 where, apart from this paragraph, p would be entitled to - a a pension under this regulation, and b a pension under - i regulation 14 (retirement between the ages of 60 and 65: entitlement to reduced pension), ii regulation 15 (retirement under the age of 60 due to removal from judicial office: entitlement to reduced pension), or iii regulation 17 (retirement under the normal pension age: entitlement to preserved pension), p is not entitled to any pension mentioned in sub-paragraph (b). annual rate of ill-health enhanced pension 22 1 the annual rate of a pension to which a member ("p") becomes entitled under regulation 21 is determined in accordance with the following steps. step 1 determine the annual rate of the pension to which p is entitled under regulation 13. step 2 determine the annual rate of the enhancement (see paragraph (2)). step 3 add together the rate determined under step 1, and the rate determined under step 2. 2 subject to paragraph (3), the annual rate of the enhancement is determined in accordance with the following formula - e 40 s where - e is the smaller of - the service enhancement (see paragraph (4)), and the amount determined in accordance with the formula 20 ( a r + z ) ; ar is the aggregate length of p's reckonable service in eligible fee-paid judicial offices (including any eligible fee-paid judicial office in respect of which p has taken partial retirement); z is - where p is not entitled to a pension under part 1 of the judicial pensions and retirement act 1993 on the date p retires, nil; otherwise, the smaller of - the aggregate length of p's service in qualifying judicial office (within the meaning of that part of that act), and 20; s is - where p held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office; where p held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices. 3 where the judicial office (or one of the judicial offices) held by p immediately before retirement was an office specified in schedule 1 to the judicial pensions and retirement act 1993 , the annual rate of the enhancement determined under step 2 is to be nil. 4 the service enhancement is determined in accordance with the following formula - f x y where - f is the period, expressed in years and any fraction of a year, which is one half of the period - beginning with the day after that on which p retires, and ending with the day on which p would reach normal pension age; x is the aggregate length of p's reckonable service in eligible fee-paid judicial offices (including any eligible fee-paid judicial offices in respect of which p has taken partial retirement) determined in accordance with the formula in regulation 5(1) as though regulation 5(2) does not apply; y is the period, or the aggregate of the periods, expressed in years and any fraction of a year, during which p held one or more eligible fee-paid judicial offices, disregarding any day in respect of which the conditions in regulation 4(2) (qualifying fee-paid days) are not met. ill-health certification condition 23 1 the ill-health certification condition is met in relation to a member ("p") if the appropriate minister - a has received a medical certificate - i stating that p has suffered a permanent breakdown in health that makes p incapable of discharging the duties of the judicial office or offices which p held immediately before retirement; or ii (where p retired due to ill-health before the commencement day), stating that at the date on which p had retired, p had suffered a permanent breakdown in health that made p incapable of discharging the duties of the judicial office or offices which p held immediately before retirement; b is satisfied as to the matters contained in that certificate; and c has, where the appropriate minister is the lord chancellor, consulted - i the lord chief justice of england and wales (if p held a judicial office in england and wales); ii the lord chief justice of northern ireland (if p held a judicial office in northern ireland). 2 for the purposes of this regulation p's breakdown in health is "permanent" if it is likely to continue until - a the day on which p reaches the age of 65; or b if later, the day on which, if p had not retired, p would have completed 5 years' qualifying judicial service. 3 the lord chief justice of england and wales may nominate a judicial office holder (as defined in section 109(4) of the constitutional reform act 2005 ) to exercise any of his or her functions under this regulation. 4 the lord chief justice of northern ireland may nominate - a the holder of one of the offices listed in schedule 1 to the justice (northern ireland) act 2002 , or b a lord justice of appeal (as defined in section 88 of that act ), to exercise any of his or her functions under this regulation. times at which pension under this part is payable 24 a pension under this part is payable at such intervals, not exceeding 3 months, as the treasury may determine. lump sum: entitlement and amount 25 1 this regulation applies where a member ("p") retires on or after the commencement day, and becomes entitled to the payment of a pension under this part. 2 at the time p becomes entitled to the payment of the pension, p becomes entitled to a lump sum. 3 the amount of the lump sum is to be determined in accordance with the following formula - a 2.25 where a is the annual rate of the pension payable to p under this part. multiple retirements 26 1 this regulation applies where a member ("p") retires and subsequently resumes judicial office. 2 the resumption of judicial office does not affect the entitlement of p to any payment under the principal scheme in respect of any period before the resumption. 3 no amounts are payable to or in respect of p under the principal scheme as a result of the retirement mentioned in paragraph (1) in respect of any period after the resumption. 4 on p's retirement after resuming judicial office - a p's entitlement (and that of any other person) to any payment under the principal scheme; and b the rate or amount of any such payment, are (subject to paragraph (5)) to be determined as if no amounts had previously been paid under the principal scheme as a result of the retirement mentioned in paragraph (1). 5 a person to whom a lump sum is paid under the principal scheme as a result of the retirement mentioned in paragraph (1) is not required to refund the lump sum; but if the whole or any part of it is not refunded, an amount equal to so much of it as has not been refunded is to be deducted from any lump sum which subsequently becomes payable to or in respect of that person under the principal scheme. part 4 partial retirement option to take partial retirement in relation to a fee-paid judicial office 27 1 paragraph (2) applies where a member ("p") at any time on or after the commencement day ceases to hold an eligible fee-paid judicial office ("the relevant office") and - a p has reckonable service in relation to the relevant office; b either - i at the time p ceases to hold the relevant office, p holds one or more other eligible fee-paid judicial offices, or ii after p ceases to hold the relevant office, p is appointed to another judicial office; and c at the time p ceases to hold the relevant office, p has at least 2 years' qualifying judicial service. 2 p may take partial retirement in relation to the relevant office by giving notice in writing to the appropriate minister. 3 the notice - a must be in the form determined by the appropriate minister, and b must be received by the appropriate minister within the period of 6 months beginning with the day on which p ceases to hold the relevant office. 4 a notice under this regulation has effect on the day on which it is received by the appropriate minister, and is irrevocable. 5 for the purposes of this regulation, p is not treated as ceasing to hold a judicial office if - a p's appointment to a judicial office in one chamber of the first-tier tribunal changes to a judicial office in another chamber of that tribunal, or b p's appointment to a judicial office in one chamber of the upper tribunal changes to a judicial office in another chamber of that tribunal. effect of partial retirement 28 1 where a member ("p") takes partial retirement in relation to an eligible fee-paid judicial office ("the relevant office"), p is treated for the purposes of the relevant provisions as if p had retired on the day on which p ceased to hold the relevant office. 2 in this regulation "the relevant provisions" means - a part 3 (retirement benefits) apart from regulation 26 (multiple retirements), and b part 6 (death benefits). 3 in the application of the relevant provisions in relation to p's deemed retirement under paragraph (1), p is treated as having reckonable service only in the relevant office. 4 the application of the relevant provisions in relation to p's deemed retirement under paragraph (1) (and p's pension under part 3 in respect of that deemed retirement) does not prevent their application in relation to p's actual retirement (and p's pension under part 3 in respect of that retirement). 5 in the application of the relevant provisions in relation to p's actual retirement, p is treated as having no reckonable service in the relevant office. part 5 benefits for persons entitled to pension credits application of part and interpretation 29 1 this part applies where - a a person ("the transferee") becomes entitled to a pension credit under section 29(1)(b) of the welfare reform and pensions act 1999 ("the 1999 act") or under article 26(1)(b) of the welfare reform and pensions (northern ireland) order 1999 ("the 1999 order"); and b that pension credit is derived from the rights of another person ("p") under the principal scheme. 2 in this part "the transferee", "the 1999 act", "the 1999 order" and "p" have the meanings given by paragraph (1). pension credit derived from the principal scheme: entitlement to pension 30 1 on the pension start day the transferee becomes entitled to the payment for life of a pension. 2 in paragraph (1) "the pension start day" means - a the day on which the transferee reaches the age of 65, or b if later, the day after the last day of the implementation period as determined in accordance with section 34 of the 1999 act or article 31 of the 1999 order . annual rate of pension under regulation 30 31 1 the annual rate of the pension to which the transferee is entitled under regulation 30 is the rate in relation to which the following condition is met. 2 the condition is that the sum of - a the value of the pension, and b the value of any lump sum to which the transferee is entitled under this part, equals the amount of the pension credit. 3 for this purpose, the value of the pension and of any lump sum must be calculated - a in accordance with regulations made by the secretary of state under paragraph 5(b) of schedule 5 to the 1999 act, or b (in any case where the 1999 order applies) in accordance with regulations made by the department for communities under paragraph 5(b) of schedule 5 to the 1999 order, and any regulations made by the secretary of state or by the department for communities for the purposes of those provisions apply accordingly. 4 the annual rate of the pension must be calculated in in such manner as may be approved by the government actuary or by an actuary authorised by the government actuary to act on behalf of the government actuary for that purpose. lump sum for transferee at age 65 32 1 this regulation applies if the transferee becomes entitled to the pension credit before p becomes entitled to a lump sum under part 3. 2 at the time the transferee becomes entitled to a pension under regulation 30, the transferee becomes entitled to a lump sum. 3 the amount of the lump sum is to be determined in accordance with the following formula - a 2.25 where a is the annual rate of the pension to which the transferee is entitled under this part. lump sum where transferee dies before age 65 33 1 this regulation applies if the transferee dies before reaching the normal pension age. 2 on the day after that on which the transferee dies the relevant person becomes entitled to a lump sum. 3 the amount of the lump sum is to be determined in accordance with the following formula - a 2.25 where a is the annual rate of the pension to which the transferee would have been entitled under regulation 30 if the transferee had become entitled to a pension under that regulation on the day on which the transferee died. 4 in paragraph (2) "the relevant person" means - a the person (if any) nominated by the transferee for the purpose of this regulation by notice in writing to the administrators; or b in default of such nomination, the transferee's personal representatives on behalf of the transferee's estate. exclusions 34 the appropriate minister has no power to accept for the benefit of a member of the principal scheme - a a payment under paragraph 1(3) of schedule 5 to the 1999 act or paragraph 1(3) of schedule 5 to the 1999 order, b a payment under section 95 of the pension schemes act 1993 or section 91 of the pensions schemes (northern ireland) act 1993 , or c any other payment, to the extent that that payment directly or indirectly represents a pension credit. part 6 death benefits interpretation 35 in these regulations - a "surviving adult", in relation to a deceased member ("p"), means p's surviving spouse or surviving civil partner; b "surviving spouse", in relation to p, means a person who - i was married to p on the date of p's death, and ii if p retired before death, entered into the marriage before p retired; c "surviving civil partner", in relation to p, means a person who - i was in a civil partnership with p on the date of p's death, and ii if p retired before death, entered into the civil partnership before p retired; d "surviving adult's pension" means a pension payable to a surviving adult under this part. entitlement to a surviving adult's pension 36 1 this regulation applies where a member ("p") dies (whether before, on or after the commencement day) leaving a surviving adult. 2 on the pension start day, the surviving adult becomes entitled to the payment for life of a pension. 3 for the purposes of paragraph (2) the "pension start day" means - a the day after the day on which p dies; or b if later, the commencement day. 4 where the surviving adult marries or enters into a civil partnership, the treasury may, at any time, direct that payment of the pension be withheld. 5 the treasury may, at any time, direct that payment of a pension withheld under paragraph (4) be resumed. annual rate of surviving adult's pension 37 1 the annual rate of a pension to which a person becomes entitled under regulation 36 is equal to one half of the rate of the pension of the deceased member ("p"). 2 for the purposes of this regulation the rate of p's pension is determined as follows. 3 where p dies on or after the commencement day after having retired, the rate of p's pension is the annual rate of the pension to which p was entitled under part 3 on the day on which p died. 4 where p dies on or after the commencement day without having retired, the rate of p's pension is the annual rate of the pension to which p would have become entitled under part 3 on the day after that on which p died if - a on the day on which p died, p had not died but had instead retired, and b the ill-health certification condition were met in relation to p. 5 where p dies before the commencement day after having retired, the rate of p's pension is the annual rate of the pension to which p would have become entitled under part 3 on the commencement day if p were still alive on that day. 6 where p dies before the commencement day without having retired, the rate of p's pension is the annual rate of the pension to which p would have become entitled under part 3 on the commencement day if - a on the day on which p died, p had not died but had instead retired, b the ill-health certification condition were met in relation to p, and c p were still alive on the commencement day. annual rate of surviving adult's pension: special provision for surviving civil partners 38 1 paragraph (2) applies where - a the surviving civil partner in relation to a member ("p") becomes entitled to a pension under regulation 36; b p held a judicial office before, and on, 5th december 2005; and c p elects in writing to the administrators, within the period of 6 months beginning with the relevant day, that the annual rate of the surviving civil partner's pension under regulation 37 should be calculated as if p first held a judicial office on 5th december 2005. 2 the rate of p's pension, for the purposes of regulation 37, is to be determined on the basis that p first held a judicial office on 5th december 2005. 3 in this regulation "the relevant day" means - a the commencement day, or b if later, the day on which the civil partnership is entered into. 4 an election under this regulation is irrevocable. payment of a surviving adult's pension 39 a surviving adult's pension is payable at such intervals, not exceeding 3 months, as the treasury may determine. meaning of "eligible child" 40 1 in these regulations, "eligible child", in relation to a deceased member, means a person who meets the age condition or the occupation condition (see regulation 41) and who is - a a natural child of the deceased member, b a person who was adopted by the deceased member before the deceased member retired or, where paragraph (2) applies, after the deceased member retired, c a person who is a child of the deceased member by virtue of a parental order made before the deceased member retired or, where paragraph (2) applies, after the deceased member retired, or d a step-child of the deceased member. 2 this paragraph applies where the treasury have issued a direction to the effect that they are satisfied that - a the deceased member had, before the deceased member retired, formed the intention of adopting, or applying for a parental order in respect of, the person; and b immediately before the deceased member retired, the person was wholly or mainly dependent on the deceased member. 3 in a case where the deceased member died while holding an eligible fee-paid judicial office, the references in paragraphs (1) and (2) to things done before the deceased member's retirement are to be read as references to things done before the deceased member's death. 4 for the purposes of this regulation a person ("c") is a "natural child" of person ("p") if p is c's genetic father or mother (including anyone who is to be treated as c's father, mother or parent under part 2 of the human fertilisation and embryology act 2008 ("the 2008 act"), but not including anyone who is not to be so treated under that part of that act). 5 for the purposes of this regulation a person ("c") is a "step-child" of a person ("p") if c - a is not a natural child of p, adopted by p or a child of p by virtue of a parental order, and b meets any of the following conditions. 6 the first condition is that c - a is a natural child of a person who was at any time the spouse or civil partner of p, and b at the time the marriage or civil partnership was entered into, had been born or conceived. 7 the second condition is that c - a was adopted by a person who was at any time the spouse or civil partner of p; and b was so adopted - i before the time the marriage or civil partnership was entered into, or ii after the time the marriage or civil partnership was entered into in a case where the adoption proceedings were pending at the time of the marriage or civil partnership. 8 the third condition is that - a c is, by virtue of a parental order, a child of a person who was at any time the spouse or civil partner of p; and b the parental order was made - i before the time the marriage or civil partnership was entered into, or ii after the time the marriage or civil partnership was entered into in a case where the parental order proceedings were pending at the time of the marriage or civil partnership. 9 in this regulation a "parental order" means an order made under section 54 of the 2008 act . meaning of "eligible child": the age condition and the occupation condition 41 1 the age condition is that the person has not reached the age of 16. 2 the occupation condition is that the person ("c") has, at all times since reaching the age of 16, been - a in full-time education, or b undergoing eligible training for a trade, profession or vocation. 3 for the purposes of this regulation training is "eligible" if - a it is full-time; b its duration is at least 2 years; and c the rate of pay (if any) receivable by c, or payable by the employer in respect of c, in relation to the training does not exceed the specified maximum. 4 in this regulation - "pay" means any salary, fees, wages, perquisites, profits or gains and includes the value of any free board, lodging or clothing; "the specified maximum" at any time means an annual rate equal to that at which a pension of 250 a year - first awarded under the principal civil service pension scheme on 1st june 1972; and increased from time to time by the amount of increase that would be applied under the pensions (increase) act 1971 to such a pension, would (as so increased) be payable at that time. 5 where a premium has been paid in respect of c's training, all emoluments receivable by c, or payable by the employer in respect of c, are to be taken, for the purposes of paragraph (3)(c), as receivable or payable by way of return of the premium, unless and to the extent that the amount of those emoluments exceeds the amount of the premium. 6 where the treasury are satisfied that c's full-time education ought not be regarded as completed, the treasury may direct that any period during which a person is not in full-time education and is not undergoing eligible training for a trade, profession or vocation, is to be disregarded for the purposes of this regulation. entitlement to an eligible child's pension 42 1 this regulation applies if a member ("p") dies (whether before, on or after the commencement day) leaving one or more eligible children. 2 on the pension start day, and until such time as there are no more eligible children, the relevant person becomes entitled to the payment of a pension. 3 in this regulation, the "pension start day" means - a the day after the day on which p dies; or b if later, the commencement day. 4 in this regulation, "the relevant person" means such person or persons as the treasury may from time to time direct, and different parts of the pension may be directed to be paid to different persons. annual rate of eligible child's pension 43 1 the annual rate of a pension to which a person becomes entitled under regulation 42, where p dies without leaving a surviving adult, is - a in relation to any period during which there is only one eligible child, an annual rate equal to one third of the rate of p's pension; b in relation to any period during which there are two or more eligible children, an annual rate equal to two thirds of the rate of p's pension. 2 the annual rate of a pension to which a person becomes entitled under regulation 42, where p dies leaving a surviving adult, is - a in relation to any period during which there is only one eligible child and the surviving adult is still alive, an annual rate equal to one quarter of the rate of p's pension; b in relation to any period during which there is only one eligible child and the surviving adult is dead, an annual rate equal to one third of the rate of p's pension; c in relation to any period during which there are two or more eligible children and the surviving adult is still alive, an annual rate equal to one half of the rate of p's pension; d in relation to any period during which there are two or more eligible children and the surviving adult is dead, an annual rate equal to two thirds of the rate of p's pension. 3 the treasury may direct, where the deceased member leaves a surviving adult who marries or enters into a civil partnership, that the annual rate of the pension is to be calculated under paragraph (1) as if there were no surviving adult in respect of any period during which the surviving adult has a spouse or a civil partner. 4 the treasury may, at any time, cancel a direction given under paragraph (3). 5 for the purposes of this regulation the "rate of p's pension" is determined as follows. 6 where p dies on or after the commencement day after having retired, the rate of p's pension is the annual rate of the pension to which p was entitled under part 3 on the day on which p died. 7 where p dies on or after the commencement day without having retired, the rate of p's pension is the annual rate of the pension to which p would have become entitled under part 3 on the day after that on which p died if - a on the day on which p died, p had not died but had instead retired, and b the ill-health certification condition were met in relation to p. 8 where p dies before the commencement day after having retired, the rate of p's pension is the annual rate of the pension to which p would have become entitled under part 3 on the commencement day if p were still alive on that day. 9 where p dies before the commencement day without having retired, the rate of p's pension is the annual rate of the pension to which p would have become entitled under part 3 on the commencement day if - a on the day on which p died, p had not died but had instead retired, b the ill-health certification condition were met in relation to p, and c p had survived until the commencement day. payment and application of an eligible child's pension 44 1 a pension to which a person is entitled under regulation 42 is payable at such intervals, not exceeding 3 months, as the treasury may determine. 2 a person to whom a pension or part of a pension under regulation 42 is paid must apply the pension for the benefit of - a all eligible children of the deceased member; or b such eligible children of the deceased member as the treasury may direct. lump sum on death: death in service 45 1 paragraph (2) applies where - a a member ("p") dies (on or after the commencement day) without having retired; and b p is (immediately before death) an active member of the principal scheme. 2 on the day after that on which p dies, the relevant person becomes entitled to a lump sum. 3 the amount of the lump sum to which the relevant person becomes entitled under paragraph (2) is determined under paragraph (5), (7) or (9), whichever applies). 4 paragraph (5) applies where, on p's death, p has reckonable service in only one eligible fee-paid judicial office ("the relevant office"). 5 the amount of the lump sum is to be determined in accordance with the following formula - s 2 m n j s where - s is the appropriate annual salary of the judicial office held by p immediately before p's death, determined as if p had retired on the date of p's death; m is p's qualifying fee-paid service in the relevant office; and n is the annual divisor for that office specified in column 2 of the schedule; js is p's qualifying judicial service after 6th april 2000, expressed in years and any fraction of a year. 6 paragraph (7) applies where - a on p's death, p has reckonable service in more than one eligible fee-paid judicial office; and b p did not, at any time before death, hold more than one eligible fee-paid judicial office simultaneously. 7 the amount of the lump sum is to be determined in accordance with the following formula - s 2 a m n j s where - s is the appropriate annual salary of the judicial office held by p immediately before p's death, determined as if p had retired on the date of p's death; am is the aggregate length of p's qualifying fee-paid service in eligible fee-paid judicial offices; js is p's qualifying judicial service after 6th april 2000, expressed in years and any fraction of a year. 8 paragraph (9) applies where - a immediately before death p held more than one eligible fee-paid judicial office ("the relevant offices"), and b at any time before retirement, p held two or more eligible fee-paid judicial offices simultaneously. 9 the amount of the lump sum is determined by taking the following steps. step 1 determine the lump sum under paragraph (5) in relation to each relevant office which p held simultaneously, as if that office were the only eligible fee-paid relevant office held by p. step 2 determine the lump sum under paragraph (7) in relation to those relevant offices which p did not hold simultaneously, and for these purposes, in paragraph (7)(a), s is - where p held a single eligible fee-paid judicial office immediately before p's death, the appropriate annual salary of that judicial office, determined as if p had retired on the date of p's death; where p held more than one eligible fee-paid judicial office immediately before p's death, the highest appropriate annual salary of those offices, determined as if p had retired on the date of p's death. step 3 add together each of the lump sums found under step 1 and the lump sum found under step 2. 10 paragraph (11) applies where - a during one or more parts of the period for which p held an eligible fee-paid judicial office ("office a"), p held one or more other eligible fee-paid judicial offices simultaneously, and b during one or more parts of that period p held no eligible fee-paid judicial office other than office a. 11 for the purposes of paragraph (9) - a office a is to be treated as two different relevant offices - i the first of which ("the first office") is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(a), and accordingly, is taken into consideration in step 1 in paragraph (9), and ii the second of which ("the second office") is held for the period (or the aggregate of the periods) mentioned in paragraph (10)(b) and, accordingly is taken into consideration in step 2 in paragraph (9), and b p's reckonable service in office a is to be apportioned between the first and the second offices in the same proportion as that between the period p held the first office and the period p held the second office. 12 in this regulation "the relevant person" means - a the person nominated by p for the purpose of this regulation by notice in writing to the administrators; or b in default of such nomination, p's personal representatives, on behalf of p's estate. lump sum on death: death after retirement of member with preserved pension 46 1 paragraph (2) applies if - a a member ("p") dies (on or after the commencement day) having retired (whether before, on or after the commencement day); b where p retires on or after the commencement day, p is not, on retirement, an opted-out member; and c if p had not died p would, on reaching normal pension age have become entitled to a pension under regulation 17. 2 on the day after that on which p dies, p's personal representatives become entitled to a lump sum on behalf of p's estate. 3 the amount of the lump sum is to be determined in accordance with the following formula - a 2.25 where a is a notional annual rate of pension determined in accordance with regulation 18 as though p had reached normal pension age on the day p died. lump sum on death: death soon after retirement of member entitled to pension 47 1 paragraph (2) applies if - a a member ("p") dies (on or after the commencement day) having retired (whether before, on or after the commencement day); b where p retires on or after the commencement day, p is not, on retirement, an opted-out member; c immediately before death, p was entitled to the payment of a pension under part 3 (retirement benefits); and d the total benefits received are less than the minimum benefits amount. 2 on the day after that on which p dies, p's personal representatives become entitled on behalf of p's estate to a lump sum equal to the difference between the total benefits received and the minimum benefits amount. 3 in this regulation "the total benefits received" means the amount determined in accordance with the following formula - a + b + c d where - a is the interim payments amount (if any) in relation to p; b is the amount (if any) paid or payable to p under regulation 50; c is the total of the sums paid or payable to p under part 3 on account of the pension (including any increases under the pensions (increase) act 1971 ), and by way of lump sum, in relation to the period after commencement day; d is the amount (if any) paid or payable by p under regulation 51. 4 in this regulation "the minimum benefits amount" means the amount determined in accordance with the following formula - e 5 where e is the annual rate of the pension payable to p under part 3 immediately before p's death. part 7 benefits in respect of periods before commencement application of part 48 1 this part applies where - a a member ("p") retired, or died without having retired, before the commencement day, and b condition a or b is met. 2 condition a is that amounts were paid to any person during the pre-commencement period in respect of p's retirement or death under arrangements made for the purpose of providing benefits during the pre-commencement period corresponding to those under part 3 or 6. 3 condition b is that, if these regulations had come into force on the day before the day on which p retired or died, amounts would have been payable during the pre-commencement period - a to p under part 3, or b to another person under part 6, in respect of p's retirement or death. 4 in this part - a "the pre-commencement period" means the period - i beginning with the day on which p retired or on which p died without having retired, and ii ending with the day before the commencement day. b references to "p" are to a member mentioned in paragraph (1)(a). meaning of "the interim payments amount" and "the pre-commencement benefits amount" 49 1 in these regulations "the interim payments amount", in relation to any person, means the total amount (if any) that was paid to that person under arrangements made for the purpose of providing benefits during the pre-commencement period in respect of p's retirement or death corresponding to those under part 3 or 6. 2 in this part "the pre-commencement benefits amount", in relation to any person, means, subject to paragraph (3), the total amount (if any) that would have been payable to that person under part 3 or 6 during the pre-commencement period in respect of p's retirement or death if these regulations had come into force on the day before the day on which p retired or died without having retired. 3 where - a the amount payable to a person in respect of p under paragraph (2) includes a lump sum payable under regulation 45 or 46, and b p would have been liable to pay the pre-commencement contributions amount referred to in regulation 53(1) if p had survived until the commencement day, the pre-commencement benefits amount payable to that person is to be calculated after deducting the pre-commencement contributions amount (within the meaning of regulation 53(1)) which would have been payable by p if these regulations had come into force on the day before the day on which p died. 4 paragraph (5) applies for the purposes of calculating the pre-commencement benefits amount where p is a transition member (within the meaning of paragraph 1 of schedule 2 to the judicial pensions regulations 2015) who has continuity of service (within the meaning of paragraph 2 of schedule 2 to those regulations). 5 the pre-commencement benefits amount is to be calculated as though the amendments made to the judicial pensions regulations 2015 by the judicial pensions (amendment) regulations 2017 ("the 2017 regulations") (save for regulations 4, 6, 15 and 16 of the 2017 regulations) had come into force on the day before the day on which the member retired or died without having retired. additional payment where no or insufficient interim payments made 50 1 paragraph (2) applies where the interim payments amount in relation to a person is less than the pre-commencement benefits amount in relation to that person. 2 the administrators must pay to the person the amount of the difference between the two amounts mentioned in paragraph (1). deduction of any excess interim payments 51 1 paragraph (2) applies where the interim payments amount in relation to a person is greater than the pre-commencement benefits amount in relation to that person. 2 where the person is entitled to the payment of a pension under part 3 or 6, the amounts mentioned in paragraph (1) may be deducted from payments of the pension in such instalments as the administrators may decide. part 8 contributions in respect of pre-commencement service interpretation 52 in this part - "fee period" means a period specified in column 1 of the contributions table; "the pre-commencement contributions amount" has the meaning given by regulation 53(1); "p" means a member who is not an opted-out member; "the contributions table" means the table set out in regulation 57(1). liability to pay pre-commencement contributions amount 53 1 p must pay to the appropriate minister an amount ("the pre-commencement contributions amount"), being the sum of - a the pre-commencement personal contributions amount (see regulation 54), and b the pre-commencement dependants' contributions amount (see regulation 55). 2 paragraph (1) is subject to paragraphs (3) and (4). 3 p is not required to pay the pre-commencement contributions amount if p - a retired before the commencement day, and b had on retirement less than two years qualifying judicial service. 4 p is not required to pay so much of the pre-commencement contributions amount as is represented by the amount mentioned in paragraph (1)(b) if p - a retired before the commencement day, b was not married or in a civil partnership at any time during the period - i beginning with the day on which p first held an eligible fee-paid judicial office, and ii ending with the day on which p retired; and c did not have a qualifying child at any time during that period. calculation of pre-commencement personal contributions amount 54 the pre-commencement personal contributions amount in relation to p is determined as follows - step 1 for each fee period, find the total of the fees paid to p in respect of qualifying fee-paid days falling within the period. step 2 multiply the total found under step 1 for each fee period by the percentage specified in relation to that fee period in column 2 of the contributions table. step 3 add together the amounts found under step 2. calculation of pre-commencement dependants' contributions amount 55 the pre-commencement dependants' contributions amount in relation to p is determined as follows - step 1 for each fee period, find the total of the fees paid to p in respect of qualifying fee-paid days falling within the period. step 2 multiply the total found under step 1 for each fee period by the percentage specified in relation to that fee period in column 3 of the contributions table. step 3 add together the amounts found under step 2. qualifying fee-paid days disregarded if they do not add to reckonable service 56 1 a qualifying fee-paid day worked in an eligible fee-paid judicial office is disregarded for the purposes of regulations 54 and 55 if p's reckonable service in relation to that office would have been equal to or greater than the maximum amount in relation to that office, had p retired on the day before that day. 2 the reference in paragraph (1) to the maximum amount in relation to an office is to that amount as determined in accordance with regulation 5 (reckonable service). the contributions table 57 1 the contributions table is as follows. fee period contribution (personal) contribution (dependants) 7th april 2000 to 31st march 2012 0% 1.80% 1st april 2012 to 31st march 2013 1.28% 1.80% 1st april 2013 to 31st march 2014 2.56% 1.80% 1st april 2014 to 31st march 2015 3.20% 1.80% 1st april 2015 to 31st march 2016 x% 1.80% 1st april 2016 to 31st march 2017 y% 1.80% 2 in the entry in that table for the fee period beginning on 1st april 2015, "x%" means the percentage specified in column 2 of the table in paragraph (4), in the row relating to p's annualised fees for that period. 3 in the entry in that table for the fee period beginning on 1st april 2016 ("the final fee period"), y% means the percentage specified in column 2 of the table in paragraph (5), in the row relating to p's annualised fees for that period. 4 the table mentioned in paragraph (2) is as follows - annualised fees contribution (personal) up to but not including 15,001 0.96% 15,001 to but not including 21,001 0.96% 21,001 to but not including 47,001 1.47% 47,001 to but not including 150,001 2.61% 150,001 and above 4.43% 5 the table mentioned in paragraph (3) is as follows - annualised fees contribution (personal) up to but not including 15,001 0.96% 15,001 to but not including 21,211 0.96% 21,211 to but not including 48,472 1.47% 48,472 to but not including 150,001 2.61% 150,001 and above 4.43% payment of pre-commencement contributions amount 58 1 the pre-commencement contributions amount, or any part of it, may be paid - a by way of a lump sum at any time during the period of 6 months beginning with the commencement day; b by way of such deductions from fees paid to p in respect of fee-paid days as may be specified in an agreement between p and the appropriate minister, and for the purposes of paragraph (b), a "fee-paid" day means a day in respect of which p receives a fee in p's capacity as a holder of an eligible fee-paid judicial office. 2 the deductions specified under paragraph (1)(b) - a must be of fixed monetary amounts, and b must be the same for each fee. 3 a new agreement under paragraph (1)(b) may be entered into at any time after the end of the period of 12 months beginning with the day on which the previous agreement was entered into. 4 except to the extent that the pre-commencement contributions amount has already been paid under paragraph (1), it is to be paid by way of a deduction from - a the lump sum payable to p under part 3, or b where p dies before retiring, the lump sum payable in respect of p under part 6. part 9 contributions in respect of service on or after commencement day interpretation 59 in this part - "fee year" means the period beginning with 1st april in any year and ending with the 31st march in the following year; and "p" means an active member. liability to pay contributions on fees in respect of qualifying fee-paid days 60 p must pay a contribution to the appropriate minister on any fee paid to p in respect of a qualifying fee-paid day where the day is, or is after, the commencement day. qualifying fee-paid days disregarded if they do not add to reckonable service 61 1 regulation 60 does not require p to pay a contribution in respect of a qualifying fee-paid day worked in an eligible fee-paid judicial office if p's reckonable service in relation to that office would have been equal to or greater than the maximum amount in relation to that office, had p retired on the day before that day. 2 the reference in paragraph (1) to the maximum amount in relation to an office is to that amount as determined in accordance with regulation 5 (reckonable service). amount of contribution 62 1 the amount of the contribution payable on a fee under regulation 60 is the sum of - a the personal benefits contribution, and b the dependants' benefits contribution. 2 the amount of the personal benefits contribution is the amount of the fee multiplied by the percentage specified in column 2 of the table in regulation 63 for the relevant fee year, in the row relating to p's annualised fees for that year. 3 the amount of the dependants' benefits contribution is the amount of the fee multiplied by the percentage specified in column 3 of the same row of the same table. 4 p's annualised fees for the relevant fee year are determined in accordance with the following formula - f 365 n where - f is the amount of the fee; n is the number of days in the applicable payment period. 5 for the purposes of paragraph (4) the "applicable payment period" means - a where the qualifying fee-paid day in respect of which the fee is paid is the first qualifying fee-paid day to occur in the relevant fee year, the period - i beginning with the first day of the relevant fee year, and ii ending with the day before the qualifying fee-paid day; b where the qualifying fee-paid day in respect of which the fee is paid is the second, or a later, qualifying fee-paid day to occur in the relevant fee year, the period - i beginning with the most recent previous qualifying fee-paid day, and ii ending with the day before the qualifying fee-paid day. 6 if the relevant fee year is a leap year, the formula in paragraph (4) has effect as if for "365" there were substituted "366". 7 in this regulation "the relevant fee year" means the fee year in which the qualifying fee-paid day in respect of which the fee is paid falls. contribution rates for fee years 63 1 the table for the fee year 1st april 2017 to 31st march 2018 is - annualised fees contribution (personal) contribution (dependants') up to but not including 15,001 0.96% 1.80% 15,001 to but not including 21,423 0.96% 1.80% 21,423 to but not including 51,006 1.47% 1.80% 51,006 to but not including 150,001 2.61% 1.80% 150,001 and above 4.43% 0% 2 the table for the fee year 1st april 2018 to 31st march 2019 is - annualised fees contribution (personal) contribution (dependants') up to but not including 15,001 0.96% 1.80% 15,001 to but not including 21,637 0.96% 1.80% 21,637 to but not including 51,516 1.47% 1.80% 51,516 to but not including 150,001 2.61% 1.80% 150,001 and above 4.43% 0% payment of contribution 64 a contribution payable under this part is to be paid by way of deduction from the fee to which it relates. part 10 repayment of dependants' benefits contributions full repayment of dependants' benefits contributions on retirement 65 1 this regulation applies where - a a member ("p") retires on or after the commencement day, and b conditions a and b are met. 2 on the day after that on which p retires, p becomes entitled to a payment from the appropriate minister. 3 the amount of the payment under paragraph (2) is the sum of - a the amount previously paid by p under part 8 to the extent that it consists of the pre-commencement dependants' contributions amount; and b the total of the contributions previously paid by p under part 9 to the extent that they represent dependants' benefits contributions. 4 condition a is that, on the day on which p retires - a p is not married and is not in a civil partnership; and b p does not have a qualifying child. 5 condition b is that, at all times since p first held an eligible fee-paid judicial office (or if later, since 7th april 2000) - a p was not married and was not in a civil partnership, and b p did not have a qualifying child. 6 in this part - "the pre-commencement dependants' contributions amount" means the amount determined under regulation 55; "dependants' benefits contribution" means the amount determined under regulation 62(3). partial repayment of dependants' benefits contributions on retirement 66 1 this regulation applies where - a a member ("p") retires (whether before, on or after the commencement day), and b conditions a and b are met. 2 on the relevant day, p becomes entitled to a payment from the appropriate minister. 3 in paragraph (2) "the relevant day" means - a the day after that on which p retires, or b if later, the commencement day. 4 the amount of the payment under paragraph (2) is the sum of - a the amount previously paid by p under part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days falling after the specified date; and b the total of the contributions previously paid by p under part 9 which represent dependants' benefits contributions paid on fees in respect of qualifying fee-paid days falling after the specified date. 5 condition a is that, on the day on which p retires - a p is not married and is not in a civil partnership; and b p does not have a qualifying child. 6 condition b is that, on any day during the period beginning with the day on which p first held an eligible fee-paid judicial office (or 7 april 2000 if later) and ending with the day on which p retires - a p was married or was in a civil partnership, or b p had a qualifying child. 7 in this regulation "the specified date" means the last day in respect of which condition b is met. full repayment of dependants' benefits contributions on partial retirement 67 1 this regulation applies where - a a member ("p") takes partial retirement in relation to an eligible fee-paid judicial office ("the relevant office"), and b conditions a and b are met. 2 on the day after that on which p takes partial retirement, p becomes entitled to a payment from the appropriate minister. 3 the amount of the payment under paragraph (2) is the sum of - a the amount previously paid by p under part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days worked in the relevant office; and b the total of the contributions previously paid by p under part 9 which represent dependants' benefits contributions paid on fees in respect of qualifying fee-paid days worked in the relevant office. 4 condition a is that, on the day on which p takes partial retirement - a p is not married and is not in a civil partnership; and b p does not have a qualifying child. 5 condition b is that, at all times since p first held the relevant office (or if later, since 7th april 2000) - a p was not married and was not in a civil partnership, and b p did not have a qualifying child. partial repayment of dependants' benefits contributions on partial retirement 68 1 this regulation applies where - a a member ("p") takes partial retirement in relation to an eligible fee-paid judicial office ("the relevant office"), and b conditions a and b are met. 2 on the day after that on which p takes partial retirement, p becomes entitled to a payment from the appropriate minister. 3 the amount of the payment under paragraph (2) is the sum of - a the amount previously paid by p under part 8 which consists of so much of the pre-commencement dependants' contributions amount as is attributable to qualifying fee-paid days that - i were worked in the relevant office; and ii fell after the specified date; and b the total of the contributions previously paid by p under part 9 to the extent that they consist of dependants' benefits contributions and were paid on fees in respect of qualifying fee-paid days that - i were worked in the relevant office; and ii fell after the specified date. 4 condition a is that, in the day on which p takes partial retirement in relation to the relevant office - a p is not married and is not in a civil partnership; and b p does not have a qualifying child. 5 condition b is that, on any day during the period beginning with the day on which p first held the relevant office and ending with the day on which p takes partial retirement - a p was married or was in a civil partnership, or b p had a qualifying child. 6 in this regulation "the specified date" means the last day in respect of which condition b is met. repayments under this part to be paid with compound interest 69 where the appropriate minister makes a payment to a member under this part, it must be paid together with compound interest at the rate announced annually in relation to the principal civil service pension scheme. part 11 transfers chapter 1 general interpretation 70 1 in this part - "authorised insurer" means - a person who has permission under part 4a of the financial services and markets act 2000 to effect or carry out contracts of long-term insurance (within the meaning of article 3(1) of the financial services and markets act 2000 (regulated activities) order 2001 ), or an eea firm of the kind mentioned in paragraph 5(d) of schedule 3 to that act, which has permission under paragraph 15 of that schedule (as a result of qualifying for authorisation under paragraph 12 of that schedule ) to effect or carry out contracts of long-term insurance; "last day of reckonable service" has the meaning given in regulation 72; "market level adjustment" has the meaning given in regulation 78; "normal pension age" means the earliest age at which, if a person's qualifying judicial service had continued until retirement at that age, a member might have been entitled to receive a pension under the principal scheme, otherwise than by reason of meeting the ill-health certification condition; "occupational pension scheme" has the meaning given by section 1 of the pension schemes act 1993 or, in relation to northern ireland, section 1 of the pension schemes (northern ireland) act 1993 ; "the option" has the meaning given by regulation 74(1); "p" means a member; "personal pension scheme" has the meaning given by section 1 of the pension schemes act 1993 or, in relation to northern ireland, section 1 of pension schemes (northern ireland) act 1993; "relevant date" - when used in chapter 2, has the meaning given by regulation 73; when used in chapter 3, has the meaning given by regulation 83; "relevant schemes" means the principal scheme, the fpjays and the jasaps. 2 in this part, references to numbered tables are to the tables in schedule 2 to the judicial pensions (transfer of accrued benefits) regulations 1995 . 3 the definition of "authorised insurer" in paragraph (1) must be read with - a section 22 of the financial services and markets act 2000; b any relevant order under that section; c schedule 2 to that act . disapplication of other provisions about transfers 71 chapter 1 of part 4za of the pension schemes act 1993 (transfer rights: general) and chapter 1 of part 4za of the pension schemes (northern ireland) act 1993 (transfer rights: general) do not apply in relation to the relevant schemes. chapter 2 transfers out transfers out 72 1 where the conditions set out in paragraph (2) are met, regulations 73 to 82 apply to p - a to or in respect of whom benefits are payable under one or more of the relevant schemes; and b the last day which counts towards p's reckonable service ("last day of reckonable service") or the last day on which p held an eligible fee-paid judicial office is on or after the commencement day. 2 the conditions are that - a p has not retired; b on p's last day of reckonable service - i p has accrued rights to benefits under the principal scheme; or ii p would have such rights if p's qualifying judicial service had also ended on that date, and c either - i p's age on 6th february 2013 was more than one year under normal pension age, and p exercises the option within twelve months of the commencement day; or ii p's age on the date p exercises the option is at least one year under normal pension age. qualifying member's right to a transfer payment 73 1 on p's last day of reckonable service, p acquires a right to the cash equivalent at the relevant date of any benefits which have accrued to, or in respect of p, under the relevant schemes. 2 in this chapter "the relevant date" means the date of any application which p has made under regulation 80 and which has not been cancelled. method of taking cash benefit 74 1 p may only exercise the right in regulation 73(1) by exercising the option conferred by this paragraph ("the option"). 2 the option is that of requiring the treasury to use the cash equivalent in whichever of the following ways p chooses - a for acquiring transfer credits allowed under the rules of another occupational pension scheme - i whose trustees or managers are able and willing to accept the transfer; and ii which satisfies the requirements in regulation 75; b for acquiring rights allowed under the rules of a personal pension scheme - i whose trustees or managers are able and willing to accept the transfer; and ii which satisfies the requirements in regulation 75; c for purchasing one or more annuities satisfying the requirements in regulation 75 from one or more authorised insurers - i chosen by p, and ii willing to accept payment on p's account from the treasury; d for subscribing to other pension arrangements which satisfy the requirements in regulation 75. 3 p may exercise the option in different ways in relation to different portions of p's cash equivalent. 4 if p exercises the option p must do so in relation to the whole of p's cash equivalent. 5 in this regulation, "transfer credits" has the meaning given by section 181(1) of the pension schemes act 1993, or in relation to northern ireland, section 176(1) of the pension schemes (northern ireland) act 1993 . requirements to be satisfied by schemes 75 the requirements to be satisfied by an occupational pension scheme, personal pension scheme, annuity or other pension arrangement referred to in regulation 74(2) are that the scheme, annuity or arrangement is - a a registered pension scheme, or b a pension arrangement that is a qualifying recognised overseas pensions scheme for the purposes of part 4 (pension schemes etc) of the finance act 2004. calculation of cash equivalents 76 1 the cash equivalent of accrued benefits is to be calculated in accordance with the formula - a m l a ( p p f + i l + w s f ( 2 g 78 + g 88 ) g m p ) where p is married or a civil partner at the date of leaving the relevant schemes; or b m l a ( p p f + i l + ( g 78 + 2 g 88 ) s f ( 2 g 78 + g 88 ) g m p ) where p is male and neither married nor a civil partner at the date of leaving the relevant schemes; c m l a ( p p f + i l + g 88 s f ( 2 g 78 + g 88 ) g m p ) where p is female and neither married nor a civil partner at the date of leaving the relevant schemes. 2 for the purpose of the calculations in paragraph (1) - a mla is the market level adjustment; b p is the accrued annual pension to which p would be entitled under these regulations, together with pensions increases under the pensions (increase) acts 1971 and 1974 and the pensions (increase) act (northern ireland) 1971 between the date of leaving the relevant schemes and the relevant date; c pf is the pension factor set out in table 3 applicable to p's age last birthday as at the relevant date; d i is the accrued lump sum under the relevant schemes of p (less any deductions in respect of unpaid contributions payable under part 9 of these regulations, or any other sum payable under these regulations), together with pensions increases under the pensions (increase) acts 1971 and 1974 and the pensions (increase) act (northern ireland) 1971 between the date of leaving the relevant schemes and the relevant date; e l is the lump sum factor set out in table 3 applicable to p's age last birthday as at the relevant date; f w is the accrued annual surviving adult's pension which would apply under the relevant schemes if p were dead, together with pensions increases under the pensions (increase) acts 1971 and 1974 and the pensions (increase) act (northern ireland) 1971 between the date of leaving the relevant schemes and the relevant date; g sf is the spouse's or civil partner's factor applicable to p's age last birthday as at the relevant date set out under the heading - i wm in table 3 where p is married or a civil partner at the date of leaving the relevant schemes; ii gsm in table 3 where p is male and neither married nor a civil partner at the date of leaving the relevant schemes; iii gsf in table 3 where p is female and neither married nor a civil partner at the date of leaving the relevant schemes; h g78 is the guaranteed minimum pension per annum accrued prior to 6th april 1988, together with any increases under section 148 of the social security administration act 1992 or, in relation to northern ireland, section 130 of the social security administration (northern ireland) act 1992 in the period between leaving the relevant scheme and the relevant date; i g88 is the guaranteed minimum pension per annum accrued on or after 6th april 1988, together with any increases under section 148 of the social security administration act 1992 or, in relation to northern ireland, section 130 of the social security administration (northern ireland) act 1992 in the period between leaving the relevant scheme and the relevant date; j gmp is the guaranteed minimum pension factor applicable to p's age last birthday as at the relevant date set out in the column under the heading - i gm in table 5 where p is male; and ii gf in table 5 where p is female. delayed payments 77 when the transfer payment is, without good reason, not made within 6 months of the relevant date, the transfer payment is the greater of - a the value of the cash equivalent as at the relevant date increased with interest on a daily basis over the period from the relevant date to the date of payment at the rate set out in regulation 10(2) of the occupational pension schemes (transfer values) regulations 1996 or, in relation to northern ireland, regulation 10(2) of the occupational pension schemes (transfer values) regulations (northern ireland) 1996 , as amended from time to time; and b the value of the cash equivalent recalculated as if the date of payment had been the relevant date. calculation of market level adjustment 78 1 for the purposes of regulations 76 and 88 the market level adjustment is the figure calculated in accordance with the formula - a b + ( 1 a ) c rounded up to four decimal places, where - a is the decimal part of the yield on index-linked stocks; b is the adjustment factor set out in table 1 in the row relating to p's age last birthday as at the relevant date and in the column headed by the full percentage figure immediately above the percentage figure for the yield on index-linked stocks; and c is the adjustment factor set out in table 1 which is in the row relating to p's age last birthday as at the relevant date and which appears in the column headed by the full percentage figure which is equal to or immediately below the percentage figure for the yield on index linked stocks. 2 in this regulation "the yield on index-linked stocks" means the real yield to redemption on the financial times-actuaries index of index-linked government securities with 5 or more years to redemption assuming 5% inflation, in respect of the first working day of the month in which the relevant date falls as published in the financial times. time within which option must be exercised 79 1 p may only exercise the option on or before the last option date. 2 the last option date is the later of - a the date which falls one year before the date on which p reaches normal pension age; b the last day of the period of 6 months beginning with the day after p's last day of reckonable service. 3 p loses the right to any cash equivalent under this chapter if - a p's pension under these regulations becomes payable before p reaches normal pension age; or b p fails to exercise the option on or before the last option date. option to be exercised in writing 80 1 p may only exercise the option by making an application in writing to the administrators for submission to the treasury. 2 if the treasury receive an application under this regulation, the treasury must do what is needed to comply with the choice made by p in exercising the option - a within 12 months of the date on which it receives p's application, or b no later than the date on which p attains normal pension age, whichever is earlier. options: discharge of responsibility 81 in any case where - a p has exercised the option, and b the treasury have done what is needed to comply with the choice made by p in exercising the option, the treasury are discharged from any obligation to provide benefits to which the cash equivalent related. cancellation of exercise of option 82 1 p may cancel the exercise of the option by giving the treasury notice in writing that p no longer wishes it to be exercised. 2 a notice given under paragraph (1) does not have effect if it is given to the treasury at a time when, in order to comply with the choice made by p in exercising the option, the treasury have entered into an agreement with a third party to use the whole or part of p's cash equivalent in a way specified in regulation 74(2). 3 the cancellation of the exercise of an option by p under paragraph (1) does not affect p's right to make another application under regulation 80. chapter 3 transfers in application of chapter and interpretation 83 1 this chapter applies in relation to p if - a p has accrued rights under a registered pension scheme, and b p's age on 6th february 2013 was more than one year under normal pension age. 2 in this chapter - "additional pension" has the meaning given in regulation 88; "derivative benefit" has the meaning given in regulation 87; "the relevant date" means the date on which a transfer payment is received by the administrators; "transfer payment" has the meaning given by regulation 84. application to accept payment into scheme 84 1 p may ask the administrators to accept a payment into the principal scheme ("a transfer payment") representing the cash equivalent of p's accrued rights in any registered pension scheme. 2 the administrators may refuse to accept the payment or any part of it. 3 a request under paragraph (1) must be made - a in writing; b before p has reached normal pension age; and c not less than one year before p becomes entitled to a pension under these regulations on retirement from p's eligible fee-paid judicial office. cancellation of request 85 1 p may, by notice in writing given to the administrators, cancel a request made under regulation 84 at any time before it has been accepted. 2 if p cancels a request, p may make another. manner of accepting payment 86 payments into the principal scheme must be made directly from the trustees or administrators of the registered pension scheme and in no other manner. benefits to be provided 87 1 the benefits to be provided to p in respect of a transfer payment into the principal scheme are - a an annual pension payable to p from the same date and at the same intervals as p's pension under the principal scheme; and b derivative benefits payable at the same intervals and to the same persons as the benefits under the principal scheme are payable. 2 in this chapter, "derivative benefit" means - a a lump sum under regulation 25, b a surviving adult's pension under regulation 36, and c a children's pension under regulation 42. calculation of benefits in respect of transfer payments 88 1 this regulation applies for the purposes of calculating the annual pension and derivative benefits to be provided to p to reflect a transfer payment into the principal scheme ("the additional pension"). 2 in this regulation - a the guaranteed minimum pension used in the calculations is that provided by the department for work and pensions, or, in relation to northern ireland, the department for communities which corresponds to the application of revaluation orders under section 148 of the social security administration act 1992 or section 130 of the social security administration (northern ireland) act 1992 ; b the transfer payment is to include the amount of any limited revaluation premium (as defined in section 55 of the pension schemes act 1993 and section 51 of the pension schemes (northern ireland) act 1993 ) paid by a previous scheme (as those provisions had effect before they were repealed). 3 the additional pension in respect of a transfer payment is to be calculated in accordance with the formula - a ( t p m l a + ( 2 g 78 + g 88 ) g m p ) ( p f + 2.25 l + 0.5 s f 1 ) where p is married or a civil partner at the relevant date; or b ( t p m l a ( g 78 + 2 g 88 ) s f 2 + ( 2 g 78 + g 88 ) g m p ) ) ( p f + 2.25 l + 0.5 s f 1 ) where p is male and neither married nor a civil partner at the relevant date; or c ( t p m l a g 88 s f 2 + ( 2 g 78 + g 88 ) g m p ) ( p f + 2.25 l + 0.5 s f 1 ) where p is female and neither married nor a civil partner at the relevant date. 4 for the purpose of the calculations in paragraph (3) - a tp is the transfer payment from the scheme from which p is transferring; b mla is the market level adjustment; c pf is the pension factor set out in table 5 applicable to p's age last birthday as at the relevant date; d l is the lump sum factor set out in table 5 applicable to p's age last birthday as at the relevant date; e sf1 is the spouse's or civil partner's factor applicable to p's age last birthday as at the relevant date set out in the column under the heading - i wm in table 5 where p is married or a civil partner at the relevant date; ii ws in table 5 where p is neither married nor a civil partner at the relevant date; f sf2 is the spouse's or civil partner's factor applicable to p's age last birthday as at the relevant date set out in the column under the heading - i gsm in table 5 where p is male and neither married nor a civil partner at the relevant date; ii gsf in table 5 where p is female and neither married nor a civil partner at the relevant date; g g78 is the guaranteed minimum pension per annum accrued prior to 6th april 1988; h g88 is the guaranteed minimum pension per annum accrued on or after 6th april 1988; i gmp is the guaranteed minimum pension factor applicable to p's age last birthday as at the relevant date set out in the column under the heading - i gm in table 5 where p is male; and ii gf in table 5 where p is female. 5 the lump sum payable under regulation 25 in respect of the transfer payment is 2.25 the additional pension. 6 the surviving adult's pension payable under regulation 36 in respect of the transfer payment is 0.5 the additional pension. 7 the children's pension payable under regulation 42 in respect of the transfer payment bears the same proportion to the additional pension as the rate of the children's pension payable under that regulation under the principal scheme bears to the rate of the p's pension under that scheme as set out in regulation 43. refusal to accept 89 where the additional pension available to be transferred into the scheme is less than twice the aggregate accrued annual rate of the guaranteed minimum pension (if any) of p at the relevant date, the transfer payment must be rejected by the administrators. part 12 fee-paid judicial additional voluntary contribution scheme interpretation 90 in this part - "the 2004 act" means the finance act 2004 ; "authorised provider" has the same meaning as in section 1(9) of the superannuation act 1972 ; "historic contributions" mean contributions which a javc member would have been able to make to the javc scheme during the period beginning with 7th april 2000 and ending with the day before the commencement day if the javc scheme had been established on 7th april 2000; "javc member" means a member of the principal scheme who has given a notice under regulation 91(2); "the javc scheme" means the fee-paid judicial additional voluntary contributions scheme constituted by this part; "judicial pension scheme" means the scheme constituted by the judicial pensions regulations 2015 , or any scheme constituted by the 1995 regulations; "qualifying recognised overseas pension scheme" has the meaning given in section 169(2) of the 2004 act ; "scheme assets" means the total value of a minus b, where - a is the sum of the realisable value of the investments made by the authorised provider with the javc member's contributions under regulation 94 and any transfer payment accepted under regulation 96; and b is the sum of - any amount deducted in respect of tax under regulation 101; the fees or charges of an authorised provider in relation to those investments defrayed in accordance with regulation 102; and any amount that has been transferred out of the scheme under regulation 100; "scheme contributions" means the total of payments made under regulation 94(2). membership 91 1 membership of the javc scheme is open to active members of the principal scheme. 2 a person to whom membership of the javc scheme is open may become a member of the javc scheme by giving notice in writing to the administrators within 12 months of the commencement day (or by such later date as the administrators may agree). 3 a notice under paragraph (2) must include such information as the administrators may, for the purposes of carrying out functions under the javc scheme, require. further information 92 1 a javc member must, if requested by the administrators, provide or authorise to be provided such information as is requested by the administrators - a relating to the javc member's medical history and state of health; b about any benefits which the javc member may have which are derived from a registered pension scheme including information about any such benefits which have been transferred to another scheme, whether or not in the united kingdom. 2 the administrators may only request information under paragraph (1)(b) which relates to benefits accrued other than through contributions to a judicial pension scheme. disclosure of information 93 the administrators may disclose any information obtained under regulation 91 or 92 to - a the commissioners for her majesty's revenue and customs (or to the officers of the commissioners for her majesty's revenue and customs); b any authorised provider, or the servants or agents of that provider, who is, or may be, concerned in the investment of the funds or the provision of benefits under the javc scheme. contributions: javc members 94 1 a javc member ("m") must inform the administrators by notice in writing as to the level and form of contributions that the javc member wishes to make. 2 m may - a make contributions to the javc scheme by way of - i regular payments of the same amount; ii lump sum payments made from time to time of the same or a different amount; b if paragraph (4) applies, make historic contributions to the javc scheme by way of lump sum payments of the same or a different amount; or c make a combination of contributions under paragraphs (a) and (b). 3 contributions made under paragraph (2)(a) must be made by way of a deduction from fees which m has received in m's capacity as a holder of an eligible fee-paid judicial office ("m's fees"). 4 m may make historic contributions to the javc scheme by way of lump sum payments provided that - a the lump sum payments are made within 3 years of the commencement day (and no more than one lump sum payment may be made in each year), and b the total historic contributions made by m do not exceed the maximum amount permitted under regulation 95. 5 a notice under paragraph (1) must specify - a in the case of a regular payment, the amount of each regular payment or, if expressed as a percentage of m's fees, that percentage; b in the case of a lump sum, the amount of the contribution. 6 m's scheme contributions in any tax year must not exceed that amount which, when aggregated with all contributions by m to any other registered pension scheme in the same tax year, bring m's total contributions for that tax year up to the maximum amount of relief as calculated under section 190 of the 2004 act . 7 contributions made by m in accordance with regulation 3 of the judicial pensions (contributions) regulations 2012 are not to be taken into account for the purposes of calculating the total contributions in paragraph (6). historic contributions 95 1 the historic contributions made by a javc member ("m") must not exceed that amount which is equal to the sum of the amounts determined for each tax year during the period from 6th april 2000 to the commencement day, in accordance with the following formula - ( 15 f i 100 ) c where - fi is m's annual fee income for the tax year in question which is subject to income tax, or if lower, the permitted maximum for that tax year, and c is the sum of any contributions made by m to any other judicial pension scheme in that tax year, excluding any contributions made by the member in accordance with regulation 3 of the judicial pensions (contributions) regulations 2012. 2 for the purposes of paragraph (1)(a), m's "annual fee income" is the total of the fees paid to m in respect of qualifying fee-paid days in the tax year concerned. transfers in 96 1 a javc member may, at any time before the javc member reaches the age of 55, make, or arrange for the making of, a payment representing the cash equivalent of the javc member's accrued rights in any other registered pension scheme or a qualifying recognised overseas pension scheme (the "transferring scheme") to be invested in the javc scheme. 2 a javc member to whom paragraph (3) applies may also, within one year after the commencement day, make, or arrange for the making of, a payment representing the cash equivalent of the javc member's accrued rights in a transferring scheme on the day before the javc member reached the age of 55 to be invested in the javc scheme. 3 this paragraph applies to a javc member whose age on 6th february 2013 was more than one year under the age of 55. 4 a payment under paragraph (1) or (2) from a registered pension scheme may be accepted by the administrators only if the administrator of the registered pension scheme certifies that the payment is a recognised transfer as defined in section 169 of the 2004 act . investment of funds 97 1 the administrators must, as soon as reasonably practicable, invest any contributions made by a javc member under regulation 94 and any transfer payment accepted under regulation 96 with an authorised provider for the purpose of providing benefits under regulation 98. 2 where the authorised provider offers more than one type of investment the javc member must elect that those sums be paid into particular types of investments. 3 the administrators are not required to give effect to an election made under paragraph (2) if it is not reasonably practicable to do so. 4 the investments made in respect of a javc member with the authorised provider may be realised and reinvested with the authorised provider at the request of the javc member, in such amounts, at such times, and in such manner as may be specified by the administrators with the approval of the authorised provider. 5 the administrators may require an authorised provider to surrender the whole or part of the value of the sums referred to in paragraph (1). 6 the administrators must re-invest a sum surrendered under paragraph (5) in accordance with paragraph (1). benefits which may be provided 98 1 a javc member is entitled to the benefits attributable to the scheme assets. 2 the administrators must provide only benefits authorised by or under chapter 3 of part 4 of the 2004 act. 3 where the javc member wishes, from time to time, to take benefits under this scheme the member must give notice in writing to the administrators. 4 a notice under paragraph (3) must specify - a the proportion of the javc member's benefits referred to in paragraph (1) to which the notice relates; b the javc member's preference as to the benefits to be provided under paragraph (2) in relation to that proportion; and c if the javc member wishes a combination of benefits to be provided, what proportion of the javc member's benefits the member wishes to be allocated to each type of benefit. death 99 1 where a javc member dies, any lump sum payable to that javc member under the javc scheme must be paid to the person (if any) nominated by that javc member for the purposes of this paragraph by notice in writing to the administrators. 2 if no such nomination is made, the administrators must pay the amount payable to the personal representatives of the javc member. transfers out 100 1 a javc member may cease to be a member of the javc scheme in relation to all or part of the scheme assets at any time before those benefits are provided under regulation 98. 2 subject to chapters 1 and 2 of part 4za of the pension schemes act 1993 , or chapters 1 and 2 of part 4za of the pension schemes (northern ireland) act 1993 , the javc member must, on leaving the javc scheme, request the administrators (in such manner as may be specified by the administrators) to take one or more of the following actions - a to transfer all or part of the javc member's scheme assets to any other registered pension scheme or a qualifying recognised overseas pension scheme in which the javc member may be participating (provided that the other pension scheme is willing and able to accept such a transfer value); b to use all or part of the value of the javc member's scheme assets to purchase one or more insurance policies of the type described in section 95(2)(c) of the pension schemes act 1993 or section 91(2)(c) of the pension schemes (northern ireland) act 1993; c if the javc member's reckonable service, together with any service whilst a member of another registered pension scheme or a qualifying recognised overseas pension scheme from which a transfer value has been paid to the javc scheme is less than 2 years, to pay the javc member the value of the javc member's scheme assets; d to use all or part of the javc member's scheme assets in any other way which is not an unauthorised payment within the meaning of section 160(5) of the 2004 act . tax 101 whenever the appropriate minister is liable for any tax in respect of any payment made to any person under this part, the administrators must deduct sums equal in total to such tax out of the realisable value of any investments made by the authorised provider with the javc member's scheme contributions under regulation 94 and any transfer payment accepted under regulation 96. administrative expenses 102 any administrative expenses incurred by an authorised provider by virtue of acting as such under this part may be defrayed, to the extent agreed by the administrators, out of the realisable value of any investments made by the authorised provider with the javc member's scheme contributions under regulation 94 and any transfer payment accepted under regulation 96. part 13 the fee-paid judicial added years scheme chapter 1 introduction interpretation and appointment of actuary 103 1 in this part - "active fpjays member" means an fpjays member who is an active member of the principal scheme; "assumed contribution commencement date" has the meaning given in regulation 105(1); "assumed retirement age" has the meaning given in regulation 105(3); "assumed retirement date" means the date on which an active fpjays member reaches the assumed retirement age; "equivalent value of any retained benefits" means a period of time expressed in years and any fraction of a year determined by the fpjays actuary to represent the value of any retained benefits; "fpjays" is the scheme constituted by this part of the regulations; "fpjays actuary" means the actuary appointed by the appropriate minister under paragraph (2) of this regulation; "fpjays member" means a member of the fpjays; "judicial pension scheme" means the scheme constituted by the judicial pensions regulations 2015 , or any scheme constituted by the 1995 regulations; "periodic contributions start date" has the meaning given in regulation 110(2); "retained benefits" are benefits determined by the administrators as satisfying the definition of that expression for the purposes of the 1995 regulations as those regulations were first in force; "retired fpjays member" means an fpjays member who has retired from an eligible fee-paid judicial office before the commencement day and who was not an opted-out member of the principal scheme; "table 1" means the table in schedule 1 to the 1995 regulations 2 the appropriate minister must appoint an actuary who appears to the minister to be appropriately qualified to act as the fpjays actuary for the purposes of this part. membership 104 1 membership of the fpjays is open to active and retired members of the principal scheme (but not to opted-out members) who held an eligible fee-paid judicial office before 6th april 2006. 2 a person to whom membership of the fpjays is open may become an fpjays member by giving notice in writing to the administrators within 12 months of the commencement day (or by such later date as the administrators may agree). 3 subject to the provisions of this part, an fpjays member has the right to purchase pension credits in the form of added years. assumed dates etc 105 1 for the purposes of this part, an fpjays member must nominate a date ("the assumed contribution commencement date") from which contributions are assumed to have been payable by the member in relation to those credits. 2 the date nominated under paragraph (1) must be no earlier than the date on which the fpjays member first held an eligible fee-paid judicial office and in any event must be between 7th april 2000 and 5th april 2006. 3 for the purposes of this part, an active fpjays member must nominate an age between the age of 60 and the member's compulsory retirement age at which that member intends to retire ("the assumed retirement age"). chapter 2 retired fpjays members purchase of added years by retired fpjays members 106 1 a notice given under regulation 104(2) by a retired fpjays member ("r") must specify - a r's assumed contribution commencement date; b the date r retired; and c the number of added years r would like to purchase. 2 the maximum number of added years that r may purchase under the fpjays is to be determined in accordance with the formula 20 ( a + b + c ) where - a a is the aggregate length of r's reckonable service in eligible fee-paid judicial offices held by r; b b is the aggregate length of r's service in qualifying judicial office (within the meaning of part 1 of the judicial pensions and retirement act 1993); and c c is the equivalent value of any retained benefits to which r was entitled at the assumed contribution commencement date. 3 where the maximum number of added years would (apart from this paragraph) be negative, it is instead nil. contributions by retired fpjays members 107 1 the contribution to the fpjays for a retired fpjays member ("r") must be made by lump sum payment to the administrators, within 12 months of the date on which r served notice under regulation 104(2). 2 the total contribution to the fpjays which r must make is to be calculated in accordance with this regulation, subject to the limit on the level of contributions in regulation 108. 3 where on the date r retired, r had a spouse, civil partner or qualifying child, the contribution is to be determined in accordance with the formula - ( ( a 100 b ) c ) d where - a is the relevant benefits figure (see paragraph (4)); b is the amount of reckonable service which r accrued in the period beginning with the assumed contribution commencement date and ending with the date on which r retired, calculated in accordance with regulation 5(1) as though paragraph (2) of that regulation does not apply; c is the total of the fees paid to r in respect of qualifying fee-paid days in the period referred to in b; d is the number of added years r would like to purchase. 4 the relevant benefits figure is determined by taking the following steps - step 1 use the salary which would have been r's appropriate annual salary on the assumed contribution commencement date (or if r held more than one eligible fee-paid judicial office on that date, the salary which would have been the highest appropriate annual salary) if r had retired on that date to determine which is the applicable salary group for r specified in table 1. step 2 from the part of table 1 for r's salary group, determine which entry in column 1 describes the period referred to in b (ignoring the heading of the column). step 3 add together the personal benefits and family benefits percentage figures corresponding to the entry in column 1 referred to in step 2. 5 where r did not have a spouse, civil partner or qualifying child at any point in the period beginning with r's assumed contribution commencement date and ending with the date r retired, the contribution is to be determined in accordance with paragraphs (3) and (4) as if step 3 were - "use the personal benefits figure corresponding to the entry in column 1 referred to in step 2". 6 where r did not have a spouse, civil partner or qualifying child on the date on which r retired, but did at some point in the period beginning with the assumed contribution commencement date and ending with the date r retired, the contribution due is to be determined in accordance with the formula e + f where - a e is the contribution for the period beginning with r's assumed contribution commencement date and ending with the date on which r last had a spouse, civil partner or qualifying child, determined in accordance with paragraphs (3) and (4), as if in paragraph (3)(c), "c" refers to the total of fees paid to r in respect of qualifying fee-paid days in that period; b f is the contribution for the period beginning with the day after the date r last had a spouse, civil partner or qualifying child ("the start date") and ending with the date r retired, determined in accordance with paragraph (5) as if the period referred to in paragraph (3)(c) as applied in paragraph (5) started on the start date. retired fpjays members: maximum contributions 108 1 the total contributions made by a retired fpjays member ("r") under regulation 107 may not exceed the amount which is equal to the sum of the amounts determined for each tax year during the period beginning with the assumed contribution commencement date and ending with the date on which r retired in accordance with the following formula - ( 15 f i 100 ) c where - fi is r's annual fee income for the tax year in question which is subject to income tax, or if lower, the permitted maximum for that tax year, and c is the sum of any contributions made by r to any other judicial pension scheme in that tax year, excluding any contributions made by the member in accordance with regulation 3 of the judicial pensions (contributions) regulations 2012 . 2 for the purposes of paragraph (1)(a), r's "annual fee income" is the total of the fees paid to r in respect of qualifying fee-paid days in the tax year concerned. valuation of benefits for retired fpjays members 109 1 any pension credits in the form of added years that have been purchased by a retired fpjays member ("r") are to be treated for the purposes of paragraph (2) as if they were periods of reckonable service. 2 if the addition of the years of reckonable service mentioned in paragraph (1) would, were they to be years of reckonable service accrued other than by the purchase of pension credits, lead to the payment of additional payments under the principal scheme, then benefits of an equivalent nature to those that would have been so payable under that scheme are to be paid under the fpjays instead. 3 if the reckonable service which r accrued in the period between the assumed contribution date and the date on which r retired otherwise than by the purchase of pension credits ("r's existing reckonable service") includes reckonable service in two or more eligible judicial offices which r held simultaneously, the pension credits purchased by r shall be divided between the eligible fee paid offices held by r in that period in the same proportion as r's existing reckonable service. chapter 3 active fpjays members purchase of added years by active fpjays members 110 1 a notice given by an active fpjays member ("m") under regulation 104(2) must specify - a m's assumed contribution commencement date; b m's assumed retirement age; c the number of qualifying fee-paid days which m proposes to work each year to the period ending with the date on which m reaches m's assumed retirement age; and d the number of added years m intends to purchase. 2 the date on which m is to start payment of periodic contributions ("the periodic contributions start date") must - a be within 12 months of the date on which m gives the notice, and b be agreed between m and the administrators. 3 the maximum number of added years that m may purchase under the fpjays is to be determined in accordance with the formula 20 ( a + b + c ) where - a a is the aggregate length of reckonable service in eligible fee-paid judicial offices that m would have at m's assumed retirement date, assuming that m works the number of qualifying fee-paid days notified under paragraph (1)(c); b b is the aggregate length of service in qualifying judicial office (within the meaning of part 1 of the judicial pensions and retirement act 1993) that m would have at m's assumed retirement date; and c c is the equivalent value of any retained benefits to which m was entitled at the assumed contribution commencement date. 4 where the maximum number of added years would (apart from this paragraph) be negative, it is instead nil. contributions by active fpjays members 111 1 the cost for an active fpjays member ("m") of purchasing each added year is to be determined in accordance with the formula - a 100 b where - a is the relevant benefits figure (see paragraph (2)); b is the salary which would have been m's appropriate annual salary on the assumed contribution commencement date if m had retired on that date. 2 the relevant benefits figure is calculated by taking the following steps - step 1 use the salary that would have been m's appropriate annual salary on the assumed contribution commencement date, if m had retired on that date, to determine which is the applicable salary group for m specified in table 1; step 2 in the part of table 1 for m's salary group, determine which entry in column 1 describes the period expressed in years and any fraction of a year beginning with the assumed contribution commencement date and ending with m's assumed retirement date (ignoring the heading of that column); step 3 add together the personal benefits and family benefits percentage figures which correspond to the entry in column 1 referred to in step 2. 3 m may make contributions to purchase added years by way of - a up to three lump sum payments, made within three years beginning with the date on which m gave notice under regulation 104(2) (but no more than one lump sum payment may be made in each calendar year), in respect of any contributions relating to the period beginning with the assumed contribution commencement date and ending with the day before the periodic contributions start date; and b periodic deductions from fees, which commence on the periodic contributions start date, in relation to contributions relating to the period beginning with the periodic contributions start date and ending with m's assumed retirement date. 4 the aggregate amount of the lump sum payments m may make under paragraph (3)(a) is the smaller of - a the amount equal to the sum of the amounts determined for each tax year during the period beginning with the assumed contribution commencement date and ending with the day before the periodic contributions start date in accordance with the following formula - ( 15 f i 100 ) c where - fi is m's annual fee income for the tax year in question which is subject to income tax, or if lower, the permitted maximum for that tax year, and c is the sum of any contributions made by m to any other judicial pension scheme in that tax year, excluding any contributions made by the member in accordance with regulation 3 of the judicial pensions (contributions) regulations 2012; and b the amount determined in accordance with the formula - ( c d e ) f where - c is the cost of one added year, determined in accordance with paragraph (1), d is the number of added years which m has notified to the administrators under regulation 110(1)(c) that m intends to purchase, e is the period beginning with the assumed contribution commencement date and ending with m's assumed retirement date, expressed in years and any fraction of a year, f is the period beginning with the assumed contribution commencement date and ending with the day before the periodic contributions start date, expressed in years and any fraction of a year. 5 m's "annual fee income" for the purposes of paragraph (4)(a)(i), is the total of the fees paid to m in respect of qualifying fee-paid days in the tax year concerned. 6 the maximum aggregate amount of periodic contributions m may make under paragraph (3)(b) is calculated in accordance with the formula - ( ( c d e ) f ) + x where - c is the cost of one added year, determined in accordance with paragraph (1); d is the number of added years which m has specified m intends to purchase; e is the period beginning with the assumed contribution commencement date and ending with m's assumed retirement date, expressed in years and any fraction of a year; f is the period beginning with the periodic contributions start date and ending with m's assumed retirement date, expressed in years and any fraction of a year; x is the difference between the maximum amount which m could have contributed under paragraph (3)(a) and the amount m actually contributed under that provision. 7 the requirement to make periodic contributions to the fpjays continues until m - a reaches the assumed retirement age; b retires; c notifies the administrators that m wishes the contributions to cease; or d dies. valuation of benefits for active fpjays members 112 1 if an active fpjays member ("m") retires or otherwise leaves the principal scheme on or after reaching the assumed retirement age the administrators must - a calculate the amount of added years that m has purchased, by dividing the total contributions made by m under regulation 111(3) by the cost of an added year as determined under regulation 111(1); and b notify m of that amount. 2 any pension credits in the form of added years that have been purchased by or credited to m are to be treated for the purposes of paragraph (3) as if they were years of reckonable service. 3 if the addition of the years of reckonable service mentioned in paragraph (2) would, were they to be years of reckonable service accrued other than by the purchase or credit of pension credits, lead to the payment of additional payments under the principal scheme, then benefits of an equivalent nature to those that would have been so payable under that scheme are to be paid under the fpjays instead. 4 if m retires on the ground of ill-health or dies before the assumed retirement age, m must, for the purposes of calculating the benefits payable under paragraph (3), be credited with pension credits equivalent to the number of added years that m intended to purchase notified to the administrators by m under regulation 110(1)(c). 5 paragraph (4) does not apply during any period where m has ceased making periodic contributions. 6 if m ceases to make periodic contributions m may apply to the administrators to resume making periodic contributions but any such application - a must not be accepted if m has reached the assumed retirement age; b must not result in m making contributions at a rate that is higher than the rate at which m was contributing before m ceased to pay periodic contributions; and c must be accompanied by a declaration signed by m stating that m has no reason to believe that health may prevent continuation of service until the assumed retirement age. 7 if m's application under paragraph (6) is accepted by the administrators, this regulation and regulations 111 and 113 apply separately to those contributions and the value of benefits purchased with them. 8 if an application by m under paragraph (6) to resume making contributions has been accepted and m subsequently - a retires on the ground of ill-health or dies within 12 months of the date on which m started to pay periodic contributions again; or b dies or retires on the ground of ill-health because of an incapacity to which m became subject within 12 months of that date, paragraph (4) does not apply unless the administrators are satisfied that the declaration given in accordance with paragraph (6)(c) was made in good faith. 9 if m ceases making periodic contributions before reaching assumed retirement age for reasons other than death or retirement on the ground of ill-health - a the administrators must - i calculate the amount of added years that m has purchased by the date of cessation, by dividing the total contributions made by m under regulation 111(3) up to the date of cessation by the cost of an added year as determined under regulation 111(1), and ii notify m of that amount; and b at the date of cessation m must be credited by the administrators with pension credits equivalent to the number of added years m has purchased, as calculated under sub-paragraph (a). 10 for the purposes of this regulation, parts of added years purchased by m must be valued on a pro-rata basis. refund of contributions 113 1 if an active fpjays member ("m") who is paying periodic contributions under the fpjays is neither married nor a civil partner and has no qualifying children at the time m retires, dies or otherwise leaves the principal scheme, m, or m's estate, is entitled to a refund in accordance with this regulation. 2 the amount to be refunded must be determined in accordance with the formula ( a 100 ) s b c d where - a a is the relevant family benefits percentage (see paragraph (3)); b s is the salary that would have been m's appropriate annual salary on the assumed contribution commencement date if m had retired on that date ("the relevant salary"); c b is the period beginning with the day after the date m last ceased to have a spouse or a civil partner or qualifying child and ending with the date m ceased to make contributions, expressed in years and any fraction of a year; d c is the period beginning with the assumed contribution date and ending with the date m ceased to make contributions, expressed in years and any fraction of a year; e d is the number of added years m has purchased, calculated in accordance with regulation 112(1). 3 the relevant family benefits percentage is determined as follows - step 1 use the relevant salary to determine which is the applicable salary group for m specified in table 1. step 2 in the part of table 1 for m's salary group, determine which entry in column 1 describes the period mentioned in paragraph (2)(d) (ignoring the heading of that column). step 3 use the family benefits percentage figure which corresponds to the entry in column 1 referred to in step 2. 4 if m's total contributions to the fpjays exceed the smaller of - a the amount necessary to purchase the number of added years notified to the administrators by the member under regulation 110(1)(c); and b the amount necessary to purchase the maximum number of added years permissible under regulation 110(3) (calculated on the basis that the assumed retirement date referred to in that paragraph is m's actual retirement date), m is entitled to a refund of the excess contributions. 5 where a refund is payable under this regulation, it must be paid together with compound interest at the rate announced annually in relation to the principal civil service pension scheme. chapter 4 general limit on children's pension benefits 114 any benefits that are paid under the fpjays in the form of a children's pension under regulation 42 cease to be payable on the date that the recipient attains the age of 23. reduction of benefits 115 1 this regulation applies where the administrators of the fpjays pay the whole or any part of the lifetime allowance charge arising on a benefit crystallisation event relating to the fpjays in relation to a fpjays member. 2 the pensions or other benefits payable under this part to or in respect of the fpjays member may (notwithstanding any other provision of these regulations) be reduced by such amount as, in accordance with normal actuarial practice, reflects the amount of the payments made. part 14 the fee-paid judicial added surviving adult's pension scheme chapter 1 introduction interpretation 116 in this part - "active jasaps member" means a jasaps member who is an active member of the principal scheme; "added surviving adult's pension" has the meaning given in regulation 117(3); "assumed contribution commencement date" has the meaning given in regulation 118(1); "assumed retirement age" has the meaning given in regulation 118(3); "assumed retirement date" means the date on which an active jasaps member reaches the assumed retirement age; "jasaps" means the scheme constituted by this part of the regulations; "jasaps member" means a member of the jasaps; "periodic contributions start date" has the meaning given in regulation 123(3); "retired jasaps member" means a jasaps member who has retired from fee-paying judicial office before the commencement day; "table 2" means the table in schedule 2 to the 1995 regulations . membership 117 1 membership of the jasaps is open to active and retired members of the principal scheme (but not to opted-out members) who held an eligible fee-paid judicial office before 6th april 2006 and who have a spouse or civil partner to whom benefits could be paid under this part. 2 a person to whom membership of the jasaps is open may become a jasaps member by giving notice in writing to the administrators within 12 months of the commencement day (or by such later date as the administrators may agree). 3 a jasaps member has the right to purchase added units of surviving adult's pension ("added surviving adult's pension") in accordance with the provisions of this part. assumed dates etc 118 1 for the purposes of this part, a jasaps member must nominate a date ("the assumed contribution commencement date") from which contributions are assumed to have been payable in relation to added surviving adult's pension. 2 the date nominated under paragraph (1) must be no earlier than the date on which the jasaps member first held an eligible fee-paid judicial office and in any event must be between 7th april 2000 and 5th april 2006. 3 for the purposes of this part, an active jasaps member must nominate an age between the age of 60 and the member's compulsory retirement age at which that member intends to retire ("the assumed retirement age"). chapter 2 retired jasaps members notice to purchase added surviving adult's pension by retired jasaps members 119 1 a notice given under regulation 117(2) by a retired jasaps member ("r") must specify - a r's assumed contribution commencement date; b the date on which r retired; and c the number of units of added surviving adult's pension which r would like to purchase. 2 the maximum number of units of added surviving adult's pension r may purchase is the number determined by the administrators which, after added years under part 13 are taken into account, would provide a pension under these regulations equal to a sum calculated in accordance with the formula - a y 45 where - a is - where p held a single judicial office immediately before retirement, the appropriate annual salary of that judicial office; where p held more than one judicial office immediately before retirement, the highest appropriate annual salary of those offices, and y is r's reckonable service on the date r retired. cost of added surviving adult's pension for retired jasaps members 120 1 if the date on which a retired jasaps member ("r") retired fell on r's birthday, the contribution payable by r for each unit of 1,000 of added surviving adult's pension is to be determined in accordance with the formula a 12 where a is determined by taking the following steps - step 1 in table 2 treat - ii the reference to the assumed retirement age as a reference to r's age on the date r retired. step 2 use table 2 to work out a by reference to r's age last birthday at the assumed contribution commencement date and r's age on the date r retired. 2 if r's retirement date did not fall on r's birthday, a is determined in accordance with the formula - x + z ( y x 12 ) where - x is determined by taking the following steps - step 1 in table 2 treat the reference to age last birthday at the date of commencement of contributions as a reference to r's age last birthday at the assumed contribution commencement date. step 2 in table 2 treat the reference to the assumed retirement age as a reference to r's age on r's last birthday before r retired. step 3 use table 2 to work out x by reference to r's age last birthday at the assumed contributions commencement date and r's age last birthday before r retired; and y is determined as follows - step 1 in table 2 treat the reference to age last birthday at the date of commencement of contributions as a reference to r's age last birthday at the assumed contribution commencement date. step 2 in table 2 treat the reference to the assumed retirement age as a reference to r's age on r's next birthday after r's actual retirement date. step 3 use table 2 to work out y by reference to r's age last birthday at the assumed contribution commencement date and r's age on r's next birthday after r's actual retirement date; and z is the number of complete months between r's last birthday before r retired and the date on which r retired. 3 the contribution payable by r for each part unit of added surviving adult's pension is to be the amount calculated in accordance with the preceding paragraphs multiplied by the appropriate decimal fraction. contributions by retired jasaps members 121 1 the maximum contribution that may be made to the jasaps by a retired jasaps member ("r") is the smaller of - a the amount determined in accordance with the formula - n c where - i n is the maximum number of units which r is entitled to purchase under regulation 119(2), and ii c is the contribution payable by r for each unit of 1,000 of added surviving adult's pension under regulation 120(1) or 120(2). b the amount equal to the sum of the amounts determined for each tax year during the period beginning with the assumed contribution commencement date and ending with the day on which r retired in accordance with the following formula - ( 15 f i 100 ) c where - i fi is r's annual fee income for the tax year in question which is subject to income tax, or if lower, the permitted maximum for that tax year, and ii c is the sum of any contributions made by r to any other judicial pension scheme (including voluntary contributions schemes) in that tax year, excluding any contributions made by the member in accordance with regulation 3 of the judicial pensions (contributions) regulations 2012 . 2 for the purposes of paragraph (1)(b)(i), r's "annual fee income" is the total of the fees paid to r in respect of qualifying fee-paid days in the tax year concerned. 3 contributions to the jasaps by r must be made by lump sum payment made by r to the administrators within 12 months from the date on which r served notice under regulation 117(2). valuation of benefits for retired jasaps members 122 1 when a retired jasaps member ("r") who has purchased added surviving adult's pension dies, r's surviving spouse or surviving civil partner is entitled to receive additional pension under the jasaps. 2 such additional pension is payable at the same time and intervals and in the same manner as the surviving adult's pension under the principal scheme. 3 the annual amount of additional pension per unit is 1,000. 4 part units of added surviving adult's pension purchased by r are to be valued on a pro-rata basis. chapter 3 active jasaps members purchase of added surviving adult's pension by active jasaps members 123 1 a notice given under regulation 117(2) by an active jasaps member ("m") must specify - a m's assumed contribution commencement date; b m's assumed retirement age; c the number of qualifying fee-paid days which m proposes to work each year to the period ending with the date on which m reaches m's assumed retirement age; and d the number of units of added surviving adult's pension which m intends to purchase. 2 the maximum number of units which an active member may purchase in the jasaps is the amount which the administrators determine would produce a pension equal to a sum calculated in accordance with the formula - a ( y + z ) 45 where - a is - where m held a single judicial office on the assumed contribution date, the salary which would have been m's appropriate annual salary if m had retired on that date; where m held more than one judicial office on the assumed contribution date, the salary which would have the highest appropriate salary of these offices if m had retired on that date; and y is m's reckonable service between the date on which m first held eligible fee-paid judicial office (or 7th april 2000 if later) and date on which m reaches m's assumed retirement age (assuming that m works the number of qualifying fee-paid days notified under paragraph (1)(c)) expressed in years and fractions of a year to four decimal places; z is - if m is purchasing added years, the number of added years which m would have purchased by the date on which m reaches m's assumed retirement age, or if m is not purchasing added years, nil. 3 the date on which m is to start payment of periodic contributions ("the periodic contributions start date") must - a be within 12 months of the date on which m gives the notice, and b be agreed between m and the administrators. cost of added surviving adult's pension by active jasaps members 124 1 the contribution payable by an active jasaps member ("m") for each unit of 1,000 of added surviving adult's pension is to be determined in accordance with the formula a 12 . 2 if m's assumed retirement date fall's on m's birthday, a is determined as follows - step 1 in table 2, treat the reference to the age last birthday at the date of commencement of contributions as a reference to m's age last birthday on the assumed contribution commencement date. step 2 use table 2 to work out a by reference to m's age last birthday at the assumed contribution commencement date and m's assumed retirement age. 3 if m's assumed retirement date does not fall on m's birthday, a is determined in accordance with the formula - x + z ( y x 12 ) where - x is determined as follows - step 1 in table 2 treat the reference to the age last birthday at the date of commencement of contributions as a reference to m's age last birthday at the assumed contribution commencement date, step 2 in table 2 treat the reference to the assumed retirement age as a reference to m's age last birthday before m's assumed retirement date, step 3 use table 2 to work out x by reference to m's age last birthday at the assumed contribution commencement date and m's age last birthday before m's assumed retirement date. b y is determined as follows - step 1 in table 2 treat the reference to the age last birthday at the date of commencement of contributions as a reference to the age last birthday at the assumed contribution commencement date, step 2 in table 2 treat the reference to the assumed retirement age as a reference to m's age next birthday after m's assumed retirement date, step 3 use table 2 to work out y by reference to m's age last birthday at the assumed contribution commencement date and m's age next birthday after the assumed retirement date. c z is the number of complete months between m's last birthday before m's assumed retirement date and m's assumed retirement date. 4 the contribution payable for a part unit of added surviving adult's pension is to be the amount determined in accordance with the preceding paragraphs multiplied by the appropriate decimal fraction. contributions by active jasaps members 125 1 an active jasaps member ("m") may purchase added surviving adult pension by way of - a up to three lump sum payments, made within three years beginning with the date on which m gave notice under regulation 117(2) (but no more than one lump sum payment may be made in one calendar year), in respect of contributions relating to the period beginning with the assumed contribution commencement date and ending with the day before the periodic contributions start date; and b periodic deductions from fees, beginning on the periodic contributions start date, in relation to contributions relating to the period beginning with that date and ending with m's assumed retirement date. 2 the aggregate amount of lump sum payments which m may make under paragraph (1)(a) is the smaller of - a the amount equal to the sum of the amounts determined for each tax year during the period beginning with the assumed contribution commencement date and ending with the day before the periodic contributions start date in accordance with the formula - ( 15 f i 100 ) c where - fi is m's annual fee income for the tax year in question which is subject to income tax, or if lower, the permitted maximum for that tax year, and c is the sum of any contributions made by m to any other judicial pension scheme (including voluntary contributions schemes) in that tax year, excluding any contributions made by the member in accordance with regulation 3 of the judicial pensions (contributions) regulations 2012; and b the amount calculated in accordance with the formula - ( c d e ) f where - c is the cost of one unit of added surviving adult's pension (an "added unit"), determined in accordance with regulation 124(1); d is the number of added units which m has notified to the administrators under regulation 123(1)(c); e is the period between the assumed contribution commencement date and m's assumed retirement date, expressed in years and any fraction of a year; f is the period beginning with the assumed contribution commencement date and ending with the day before the periodic contributions start date, expressed in years and any fraction of a year 3 for the purposes of paragraph (2)(a)(i), m's "annual fee income" is the total of the fees paid to m in respect of qualifying fee-paid days in the tax year concerned 4 the maximum aggregate amount of periodic contributions m may make under paragraph (1)(b) is calculated in accordance with the formula - ( ( c d e ) f ) + x where - c is the cost of one added unit, determined in accordance with regulation 124(1); d is the number of added units which m has notified to the administrators under regulation 123(1)(c); e is the period between the assumed contribution commencement date and m's assumed retirement date, expressed in years and any fraction of a year; f is the period beginning with the periodic contributions start date and ending with m's assumed retirement date, expressed in years and fraction of a year; x is the difference between the maximum amount which m could have contributed under paragraph (2) and the amount m actually contributed under that paragraph. 5 m may only make periodic contributions to the jasaps during any period when m has a spouse or civil partner to whom benefits could be paid under the jasaps. valuation of benefits for active jasaps members 126 1 when an active jasaps member ("m") who has purchased units of added surviving adult's pension dies, m's surviving spouse or surviving civil partner is entitled to receive additional pension under the jasaps. 2 when m dies, the administrators must calculate the number of units of added surviving adult's pension m has purchased by dividing the total contributions made by m under regulation 125(1) by the cost of a unit of added surviving adult's pension determined under regulation 124(1), and notify the surviving spouse or civil partner of that amount. 3 the annual amount of additional pension per unit is 1,000. 4 added surviving adult's pension is payable at the same times and intervals and in the same manner as the surviving adult's pension under the principal scheme. 5 if m retires on the ground of ill-health or dies before the assumed retirement age, m is to be credited with the number of units of added surviving adult's pension notified to the administrators by m under regulation 123(1)(c). 6 paragraph (5) does not apply during any period where m has ceased making periodic contributions. 7 if m ceases to make periodic contributions m may apply to the administrators to make periodic contributions again but any application to start to make periodic contributions again - a may not be accepted if m has reached the assumed retirement age; b may not result in m purchasing more added units than were being purchased before m ceased to pay periodic contributions; and c must be accompanied by a declaration signed by m stating that m has no reason to believe that health may prevent continuation of service until the assumed retirement age. 8 if m's application under paragraph (7) is accepted by the administrators, this chapter applies separately to those contributions and the value of the surviving adult's pension purchased with them. 9 if an application by m under paragraph (7) to resume making contributions has been accepted and m subsequently - a retires on the ground of ill-health or dies within 12 months of the date of starting to make periodic contributions again, or b dies or retires on the ground of ill-health because of an incapacity which m became subject to within 12 months of that date, paragraph (5) does not apply unless the administrators are satisfied that the declaration given in accordance with paragraph (7)(c) was made in good faith. 10 if m ceases making periodic contributions before reaching assumed retirement age for reasons other than death or retirement on the ground of ill-health - a then the administrators must - i calculate the amount of units of added surviving adult's pension ("added units") that m has purchased by the date of cessation, by dividing the total contributions made by m under regulation 125(1) up to the date of cessation by the cost of an added unit as determined under regulation 124(1); ii notify m of that amount, and b at the date of cessation m must be credited with the number of added units of benefit calculated under sub-paragraph (a). 11 for the purposes of this regulation, part units of added surviving adult's pension purchased by a member must be valued on a pro-rata basis. refund of contributions 127 if m's total contributions exceed the amount necessary to purchase the smaller of - a the amount of added surviving adult's pension notified to the administrators by m under regulation 123(1)(c), or b the maximum amount of added surviving adult's pension permissible under regulation 123(2), the administrators must refund the excess contributions to m's estate. chapter 4 general reduction of benefits 128 1 this regulation applies where the administrators pay the whole or any part of the lifetime allowance charge arising on a benefit crystallisation event relating to the jasaps in relation to a jasaps member. 2 the pensions or other benefits payable under this part to or in respect of the jasaps member may (notwithstanding any other provision of these regulations) be reduced by such amount as, in accordance with normal actuarial practice, reflects the amount of the payments made. part 15 appeals appeals 129 1 if any person to whom this regulation applies is aggrieved by any decision of the administrators concerning - a the interpretation of the provisions of the 2017 schemes; or b the exercise of any discretion under the 2017 schemes, that person has a right of appeal to the appropriate minister against that decision. 2 on deciding an appeal under this regulation, the appropriate minister may give to the administrators such directions as the appropriate minister considers appropriate or expedient for implementing the decision. 3 the administrators are entitled to appear and be heard on any appeal under this regulation. 4 the persons to whom this regulation applies are the following - a a member of the principal scheme; b the surviving adult in relation to a deceased member; c the eligible child in relation to a deceased member; d where the decision relates to the question whether a person who claims to be a person mentioned in sub-paragraph (a), (b) or (c) is such a person, the person making that claim. 5 in regulation 3 of the judicial pensions (appeals) regulations 1995 (application of regulations), after paragraph (i) insert - j regulation 129 of the judicial pensions (fee-paid judges) regulations 2017; . elizabeth truss lord chancellor 30th march 2017 david mundell secretary of state for scotland 28th march 2017

citation and commencement 1 these regulations may be cited as the valuation of minor intermediate leasehold interests (england) regulations 2017 and come into force on 1st october 2017. price calculation for minor superior tenancy 2 1 in relation to land in england, the price payable for a minor superior tenancy in accordance with paragraph 7a(1) of schedule 1 to the leasehold reform act 1967 is calculated by applying the following formula - p = r y r y ( 1 + y ) n 2 for the purposes of the formula in paragraph (1) - p = the price payable for the minor superior tenancy; r = the profit rent (in pounds sterling); y = the maturity rate, expressed as a decimal fraction, of the "over 30 not over 30.5 year" national loans fund interest rate; and n = the number of years (rounding up any part of a year to a whole year) remaining on the minor superior tenancy at the relevant time. 3 in paragraph (2), the maturity rate is the published interest rate at the close of business on the last trading day of the week before the week in which the relevant time falls. 4 in this regulation, "the relevant time" has the same meaning as in section 37(1)(d) of the leasehold reform act 1967. valuation of minor intermediate leasehold interest 3 1 in relation to land in england, the value of a minor intermediate leasehold interest in accordance with paragraph 7(2) of schedule 6 or, as the case may be, paragraph 8(2) of schedule 13, to the leasehold reform, housing and urban development act 1993 is calculated by applying the following formula - p = r y r y ( 1 + y ) n 2 for the purposes of the formula in paragraph (1) - p = the value of the minor intermediate leasehold interest; r = the profit rent (in pounds sterling); y = the maturity rate, expressed as a decimal fraction, of the "over 30 not over 30.5 year" national loans fund interest rate; and n = the number of years (rounding up any part of a year to a whole year) remaining on the minor intermediate lease on the relevant date. 3 in paragraph (2), the maturity rate is the published interest rate at the close of business on the last trading day of the week before the week in which the relevant date falls. 4 in this regulation, "the relevant date" means the date on which the relevant notice of the claim is given under section 13 or, as the case may be, section 42 of the leasehold reform, housing and urban development act 1993. review 4 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in these regulations, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 1st october 2022. 3 subsequent reports must be published at intervals not exceeding 5 years. 4 section 30(4) of the small business, enterprise and employment act 2015 requires that a report published under this regulation must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this regulation, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 (see section 32 of that act). signed by authority of the secretary of state for communities and local government alok sharma minister of state department for communities and local government 5th september 2017

citation and commencement 1 this order may be cited as the international headquarters and defence organisations (designation and privileges) order 2017 and shall come into force on the day after that on which it is made. designation of headquarters 2 the international headquarters and defence organisations specified in the schedule to this order are hereby designated for the purposes of the international headquarters and defence organisations act 1964. inviolability of archives 3 the headquarters and organisations specified in the schedule to this order shall have the like privileges as respects inviolability of official archives as are accorded to an envoy of a foreign sovereign power accredited to her majesty. legal capacity 4 each of the headquarters specified in part i of the schedule to this order shall have the legal capacity of a body corporate. extent of immunity from legal process 5 1 each of the headquarters specified in part i of the schedule to this order shall have immunity from any legal process subjecting any funds or other property belonging to it or under its control to any measure of execution or detention. 2 the preceding paragraph shall not prevent - a the seizure of any article connected with an offence; or b the seizure of any article under the laws relating to customs or excise. revocation 6 the international headquarters and defence organisations (designation and privileges) order 1965 , the international headquarters and defence organisations (designation and privileges) (amendment) order 1987 and the international headquarters and defence organisations (designation and privileges) (amendment) order 2009 are hereby revoked. ceri king deputy clerk of the privy council

citation and commencement 1 these regulations may be cited as the school information (england) (amendment) regulations 2017 and come into force on 14th february 2017. amendments to the school information (england) regulations 2008 2 the school information (england) regulations 2008 are amended as follows. 3 in regulation 1(2) (citation, commencement and application) omit the words "and only to information in relation to the academic year 2010-2011 and subsequent years". 4 in regulation 2 (interpretation) in the appropriate places insert - "admission register" is the register to be kept in accordance with regulation 4(a) of the education (pupil registration) (england) regulations 2006 ; "registered parent" means a person named in the admission register for a school as the parent (as defined by section 576 of the education act 1996) of a pupil registered at the school in accordance with regulation 5(1)(c) of the education (pupil registration) (england) regulations 2006; "school with an atypical age of admission" means a school in which the start of the first year of education normally provided by that school is at the beginning of the fourth key stage or the preceding year but does not include a school designed to provide education for pupils formerly educated at a middle school; 5 in regulation 5 (local authority to publish composite prospectus) - a in regulation 5(1) after "composite prospectus area" insert "and in relation to all schools with an atypical age of admission within reasonable travelling distance of the local authority area"; and b after regulation 5(2) insert - 2a where there is a school with an atypical admission age in the local authority area or within reasonable travelling distance of the local authority area, a local authority must publish in its composite prospectus a prominent statement that there is such a school and specify in particular - a the age range of the school; and b where in the prospectus information about it can be found. . 6 after regulation 9 insert - information about schools with an atypical admission age 9a 1 where there is a school with an atypical age of admission in a local authority area or within reasonable travelling distance of the local authority area the local authority must provide the information specified in paragraph (2) to the person specified in paragraph (3). 2 the information is - a a statement of the fact that there is a school with an atypical age of admission in the local authority area or within a reasonable travelling distance of the local authority area; b the name of the school referred to in sub-paragraph (2)(a); c a statement that the pupil referred to in paragraph (3) may apply for admission to that school; and d in relation to the school referred to in sub-paragraph (2)(b) the information specified in part 2 of schedule 2. 3 the person is the registered parent of a pupil registered at a school within the area of the local authority who may apply in the offer year to be admitted to the relevant age group of a school with an atypical age of admission in the local authority area or within reasonable travelling distance of the local authority area. relevant age group means an age group in which pupils are normally admitted (or as the case may be, will normally be admitted) to the school. 4 any information to be provided in accordance with paragraph (1) must - a be sent by post or by electronic means to the postal or electronic address for the registered parent recorded in the admission register; and b subject to regulation 9b, be sent on or after publication by the local authority of its composite admissions prospectus for the following academic year and not later than 12th september in the year of publication of the composite prospectus. transitional provision 9b by no later than 14th march 2017 a local authority must provide the information to the registered parents in accordance with regulation 9a in respect of admission in the academic year 2017-18. . john nash parliamentary under secretary of state for the school system department for education 19th january 2017

citation and commencement 1 this order may be cited as the triton knoll electrical system (correction) order 2017 and comes into force on 24th march 2017. corrections 2 1 the triton knoll electrical system order 2016 is corrected as set out in the table in the schedule to this order, where - a the first column sets out where the correction is to be made; b the second column sets out how the correction is to be made; and c the third column sets out the text to be substituted, inserted, or omitted. signed by authority of the secretary of state for business, energy and industrial strategy giles scott head of energy infrastructure planning and coal liabilities department for business, energy and industrial strategy 23rd march 2017

citation and commencement 1 1 this order may be cited as the dorset (electoral changes) order 2018. 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 dorset (electoral changes) order 2018", 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 dorset and number of councillors 3 1 the existing wards of the district of dorset are abolished. 2 the district of dorset is divided into 52 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 dorchester, sherborne, verwood and wimborne minster 4 1 the existing wards of the parishes of dorchester, sherborne, verwood and wimborne minster are abolished. 2 the parish of dorchester is divided into the five parish wards listed in the first column of table 1 in schedule 2. 3 the parish of sherborne is divided into the two parish wards listed in the first column of table 2 in schedule 2. 4 the parish of verwood is divided into the four parish wards listed in the first column of table 3 in schedule 2. 5 the parish of wimborne minster is divided into the two parish wards listed in the first column of table 4 in schedule 2. 6 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 7 the number of councillors to be elected for each parish ward is the number specified in relation to that ward in the second column of the relevant table in schedule 2. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 17th december 2018

citation and commencement 1 1 this order may be cited as the financial services and markets act 2000 (regulated activities) (amendment) order 2018. 2 this order comes into force on the day after the day on which is it made. amendments to the financial services and markets act 2000 (regulated activities) order 2001 2 1 article 77a (alternative finance investment bonds) of the financial services and markets act 2000 (regulated activities) order 2001 is amended as follows. 2 in paragraph (2)(f) - a in sub-paragraph (i) omit "or"; b in sub-paragraph (ii) for "within the meaning of article 4.1(14) of directive 2004/39/ec of the european parliament and of the council on markets in financial instruments", substitute "as defined by article 4.1.21 of the markets in financial instruments directive"; c after sub-paragraph (ii), insert - iii trading on a multilateral trading facility (as defined by article 4.1.22 of the markets in financial instruments directive); or iv trading on an organised trading facility (as defined by article 4.1.23 of the markets in financial instruments directive). . amendment to the financial services and markets act 2000 (carrying on regulated activities by way of business) order 2001 3 1 the financial services and markets act 2000 (carrying on regulated activities by way of business) order 2001 is amended as follows. 2 after article 4 insert - administering a benchmark 4a a person who carries on an activity of the kind specified by article 63s of the regulated activities order (administering a benchmark) is to be regarded as carrying on that activity by way of business. . andrew stephenson craig whittaker two of the lords commissioners of her majesty's treasury 10th july 2018

citation, commencement, extent and application 1 1 these regulations may be cited as the fluorinated greenhouse gases (amendment) regulations 2018. 2 they come into force on 22nd february 2018 except for regulations 4(a) and (c) , 20(4) , 21(2) to (5) , 22 , 24 , 27 and 31 which come into force on 1st april 2018. 3 these regulations extend to northern ireland only insofar as they deal with import and export controls and trade with any place outside the united kingdom, within the meaning of paragraph 20 of schedule 3 to the northern ireland act 1998 . 4 but regulations 4(a) and (c) , 8 , 20(4) , 21(2) to (5) , 22 , 24 to 27 and 31 do not extend to northern ireland. 5 regulations 4(a) and (c) , 20(4) , 21(2) to (5) , 22 , 24 , 27 and 31 do not apply in wales. amendment of the fluorinated greenhouse gases regulations 2015 2 the fluorinated greenhouse gases regulations 2015 are amended as follows. amendment of regulation 1 (citation, commencement, extent and application) 3 1 regulation 1 is amended as follows. 2 in the heading, for ", extent and application" substitute "and extent". 3 omit paragraph (3). amendment of regulation 2 (interpretation: general) 4 in regulation 2(1) - a after the definition of "authorised person" insert - "civil penalty notice" means a notice served under paragraph 1 (as read with paragraphs 4 and 5) of schedule 4; "enforcement cost recovery notice" means a notice served under paragraph 6 of schedule 4; ; b in the definition of "enforcing authority" - i for paragraph (c) substitute - c as regards scotland, subject to paragraphs (e) and (f) - i each local authority; ii sepa ; iii the scottish ministers; ; ii in paragraphs (d) and (g)(ii), for "the department of the environment" substitute "the department of agriculture, environment and rural affairs"; c after the definition of "premises" insert - "relevant enforcing authority" means - as regards england - the environment agency; the secretary of state; as regards scotland, and subject to sub-paragraphs (c) and (d) - sepa; the scottish ministers; as regards offshore installations, the secretary of state; as regards scottish offshore installations, the scottish ministers; ; d before the definition of "ship" insert - "scotland" is to be construed in accordance with section 126(1) and (2) of the scotland act 1998 ; "sepa" means the scottish environment protection agency; . amendment of regulation 3 (interpretation: eu regulations) 5 1 regulation 3 is amended as follows. 2 in paragraph (1) - a omit the following definitions - i "commission regulation 1494/2007 "; ii "commission regulation 303/2008 "; iii "commission regulation 305/2008 "; iv "commission regulation 308/2008 "; b at the end insert - "commission regulation 2015/2065" means commission implementing regulation (eu) 2015/2065 establishing, pursuant to regulation (eu) no 517/2014 of the european parliament and of the council, the format for notification of the training and certification programmes of the member states ; "commission regulation 2015/2066" means commission implementing regulation (eu) 2015/2066 establishing, pursuant to regulation (eu) no 517/2014 of the european parliament and of the council, minimum requirements and the conditions for mutual recognition for the certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear ; "commission regulation 2015/2067" means commission implementing regulation (eu) 2015/2067 establishing, pursuant to regulation (eu) no 517/2014 of the european parliament and of the council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases ; "commission regulation 2015/2068" means commission implementing regulation (eu) 2015/2068 establishing, pursuant to regulation (eu) no 517/2014 of the european parliament and of the council, the format of labels for products and equipment containing fluorinated greenhouse gases ; "commission regulation 2016/879" means commission implementing regulation (eu) 2016/879 establishing, pursuant to regulation (eu) no 517/2014 of the european parliament and of the council, detailed arrangements relating to the declaration of conformity when placing refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons on the market and its verification by an independent auditor . 3 for paragraph (2)(b) to (j) substitute - b commission regulation 1497/2007 ; c commission regulation 1516/2007 ; d commission regulation 304/2008 ; e commission regulation 306/2008 ; f commission regulation 307/2008 ; g commission regulation 1191/2014 ; h commission regulation 2015/2065; i commission regulation 2015/2066; j commission regulation 2015/2067; k commission regulation 2015/2068; l commission regulation 2016/879. . 4 omit paragraph (3)(a). amendment of regulation 4 (interpretation: offshore installations) 6 1 regulation 4 is amended as follows. 2 in paragraph (1) - a in the words before sub-paragraph (a), for the words from ", other than" to "northern ireland offshore installation," substitute "(other than a scottish offshore installation, a northern ireland offshore installation or a ship)"; b in sub-paragraph (b), in the words before paragraph (i), after "used" insert ", intended to be used or has been used,". 3 for paragraph (5)(a) substitute - a the northern ireland inshore region; . 4 after paragraph (6) insert - 7 in paragraph (5), "northern ireland inshore region" has the meaning given in section 322(1) of the marine and coastal access act 2009 (interpretation) . . insertion of new regulation 5a (service of notices) 7 after regulation 5 insert - service of notices 5a 1 this regulation applies to the service of notices under these regulations, subject to any specific provision made in these regulations for a particular type of notice. 2 a notice takes effect when served. 3 a notice may be served on 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; d subject to paragraph (9), sending it to the person by electronic means. 4 a notice to a body corporate may be given to an officer 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 section 7 of the interpretation act 1978 (references to service by post) in its application to this regulation, the proper address of a person is - a in the case of a body corporate or one of its officers, 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 these regulations, 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 these regulations 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 a.m. on the working day 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; "officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body. . insertion of new regulation 7a (disclosure of information held by revenue and customs) 8 after regulation 7 insert - disclosure of information held by revenue and customs 7a 1 this regulation applies to information which is held by or on behalf of revenue and customs, including information obtained before the coming into force of this regulation. 2 revenue and customs may disclose information, in accordance with this regulation, to any of the following enforcing authorities if the disclosure is made for the purpose of enabling the enforcing authority to comply with its duties under regulation 20(1) - a the environment agency; b the secretary of state; c the natural resources body for wales; d the welsh ministers; e sepa; f the scottish ministers. 3 information obtained by means of a disclosure permitted under paragraph (2) must not be further disclosed except - a for the purpose mentioned in that paragraph, or b with the consent of the commissioners for revenue and customs (which may be general or specific). 4 nothing in this regulation authorises the making of any disclosure which is prohibited by any provision of the data protection act 1998 . 5 nothing in this regulation prejudices any power or requirement to disclose information which exists apart from this regulation. . substitution of regulation 8 (certification and evaluation bodies: stationary refrigeration, air conditioning and heat pump equipment) 9 for regulation 8 substitute - appointment of certification, evaluation and attestation bodies 8 1 the secretary of state may appoint, after consulting the scottish ministers, the welsh ministers and the department of agriculture, environment and rural affairs, such person and on such terms as the secretary of state thinks fit to be - a for the purposes of commission regulation 304/2008 - i a certification body for the purposes of article 5 (personnel certificates); ii an evaluation body for the purposes of article 5; iii a certification body for the purposes of article 8 (company certificates); b for the purposes of commission regulation 306/2008 - i a certification body; ii an evaluation body; c for the purposes of commission regulation 307/2008, an attestation body; d for the purposes of commission regulation 2015/2066 - i a certification body; ii an evaluation body; e in relation to commission regulation 2015/2067 - i a certification body for the purposes of article 4 (certificates for natural persons); ii an evaluation body for the purposes of article 4; iii a certification body for the purposes of article 6 (company certificates). 2 the secretary of state may charge such fees as the secretary of state considers will enable the recovery of any reasonable expenses incurred in reviewing an application to be appointed under paragraph (1). 3 the secretary of state may, after consulting the scottish ministers, the welsh ministers and the department of agriculture, environment and rural affairs, decide to terminate the appointment of a person appointed under paragraph (1) by giving that person notice of the decision, with reasons, in writing. . amendment of regulation 9 (certificates relating to stationary refrigeration, air conditioning and heat pump equipment issued in eea states and northern ireland) 10 in regulation 9(1) and (2), for "article 5 or 8 of commission regulation 303/2008" substitute "article 4 or 6 of commission regulation 2015/2067". omission of regulations 10 and 12 11 omit regulation 10 (certification and evaluation bodies: fire protection systems and fire extinguishers) and regulation 12 (certification and evaluation bodies: high-voltage switchgear). amendment of regulation 13 (certificates relating to high-voltage switchgear issued in eea states and northern ireland) 12 1 regulation 13 is amended as follows. 2 in the heading, for "high-voltage" substitute "electrical". 3 in paragraphs (1) and (2), for "article 4 of commission regulation 305/2008" substitute "article 3 of commission regulation 2015/2066". omission of regulations 14 and 16 13 omit regulation 14 (certification and evaluation body: fluorinated greenhouse gas-based solvents) and regulation 16 (attestation bodies: air conditioning systems in certain motor vehicles). amendment of regulation 18 (obligation of employers to employ qualified persons) 14 in regulation 18 - a in paragraph (a), for "commission regulation 303/2008" substitute "commission regulation 2015/2067"; b in paragraph (c), for "commission regulation 305/2008" substitute "commission regulation 2015/2066". amendment of regulation 19 (obligations on certification bodies, attestation bodies and evaluation bodies to provide information) 15 1 regulation 19 is amended as follows. 2 in paragraph (1) - a for sub-paragraph (a) substitute - a commission regulation 2015/2067; ; b for sub-paragraph (c) substitute - c commission regulation 2015/2066; . 3 in paragraph (4), for "commission regulation 308/2008" substitute "commission regulation 2015/2065". insertion of new regulation 19a (publication of details of certification bodies, attestation bodies and evaluation bodies) 16 after regulation 19 insert - publication of details of certification bodies, attestation bodies and evaluation bodies 19a 1 the secretary of state must, after consulting the scottish ministers, the welsh ministers and the department of agriculture, environment and rural affairs, publish the following information about any person appointed as a certification body, attestation body or evaluation body under regulation 8 - a name; b company number, where relevant; c postal address; d telephone number; e email address. 2 publication under this regulation is to be in such manner as the secretary of state considers appropriate. . amendment of regulation 20 (enforcement) 17 1 regulation 20 is amended as follows. 2 in paragraph (1), for "the" substitute "subject to paragraph (2a), each". 3 in paragraph (2) - a in sub-paragraph (b), for "to be discharged by the welsh ministers and not by another" substitute "only to be discharged by a specific"; b in sub-paragraph (c), for the words from "that the duty" to the end substitute "sepa or a local authority that the duty in paragraph (1) is, or is not, to be discharged by it"; c in sub-paragraph (d), for "the department of the environment", in both places it occurs, substitute "the department of agriculture, environment and rural affairs". 4 after paragraph (2) insert - 2a an enforcing authority must comply with a direction given to it under paragraph (2). 2b a direction given under paragraph (2) may be revoked or modified by a further direction given under that paragraph. . 5 omit paragraph (3). amendment of regulation 21 (appointment of authorised persons) 18 in regulation 21(1), for "the" substitute "an". amendment of regulation 24 (information notices) 19 in regulation 24, for "authorised person" substitute "enforcing authority". amendment of regulation 25 (enforcement notices) 20 1 regulation 25 is amended as follows. 2 in paragraph (1) - a in the words before sub-paragraph (a) and in sub-paragraph (a), for "authorised person" substitute "enforcing authority"; b in sub-paragraph (c), for the words from "any of the following" to the end substitute "article 2 of commission regulation 2015/2068 (labelling format)". 3 in paragraphs (2) to (5), for "authorised person" substitute "enforcing authority". 4 in paragraph (7), for sub-paragraph (e) substitute - e state that a requirement to pay a civil penalty may be imposed if a person fails, or causes or permits another person to fail, to comply with the enforcement notice. . 5 in paragraph (8), for "authorised person" substitute "enforcing authority". 6 in paragraph (10), after "enforcing authority" insert "which served the notice". 7 in paragraph (11) - a in sub-paragraph (c)(i), for "article 5 of commission regulation 303/2008" substitute "article 4 of commission regulation 2015/2067"; b in sub-paragraph (c)(ii), for "article 4(3)(a) or (c) of commission regulation 303/2008" substitute "article 3(3)(b) or (4) of commission regulation 2015/2067"; c in sub-paragraph (c)(iii), for the words from "article 4(3)(b)" to the end substitute "article 3(3)(a) of commission regulation 2015/2067 where the person is suitably qualified for the purposes of the essential safety requirements in paragraph 21(3) in part 3 of schedule 2 to the pressure equipment (safety) regulations 2016 (permanent joining) ". amendment of regulation 26 (appeals against enforcement notices) 21 1 regulation 26 is amended as follows. 2 in the heading, at the end insert " etc. ". 3 in paragraph (2), for "the right" substitute "except in the case of an appeal mentioned in paragraph (2a), the right". 4 after paragraph (2) insert - 2a schedule 5 sets out the procedure for an appeal against an enforcement notice, a civil penalty notice or an enforcement cost recovery notice, served by the secretary of state, the environment agency, the scottish ministers or sepa. . 5 omit paragraph (4). 6 after paragraph (6) insert - 7 the grounds for an appeal brought under this regulation are that a decision to serve the enforcement notice was - a based on an error of fact; b wrong in law; c wrong for any other reason; d unreasonable. . amendment of regulation 27 (proceedings before a civil court) 22 in regulation 27(1) - a for "if the" substitute "if an"; b for the words "proceedings against a person for an offence under regulation 29(1)(e)" substitute "a civil penalty imposed for a failure to comply with an enforcement notice under regulation 31a(2)(h)(ii)". amendment of regulation 28 (powers of the secretary of state, the scottish ministers and the department of the environment) 23 1 regulation 28 is amended as follows. 2 in the heading, for "the department of the environment" substitute "the department of agriculture, environment and rural affairs". 3 in paragraph (2)(c)(iii), after "installation" insert "used in connection with any of the activities described in regulation 4(4)(a) to (g)". 4 in paragraph (4), for "the department of the environment" substitute "the department of agriculture, environment and rural affairs". amendment of regulation 29 (offences) 24 for regulation 29 substitute - 29 it is an offence for a person to breach, or to cause or permit another person to breach, the prohibition in article 3(1) of the 2014 regulation (prohibition on intentional release of fluorinated greenhouse gas). . insertion of new regulation 29a (offences relating to disclosure of information held by revenue and customs) 25 after regulation 29 insert - offences relating to disclosure of information held by revenue and customs 29a 1 it is an offence for a person to contravene regulation 7a(3) if the disclosed information relates to a person whose identity - a is specified in the disclosure, or b can be deduced from it. 2 it is a defence for a person charged with an offence under this regulation to prove that the person reasonably believed - a that the disclosure was lawful, or b that the information had already been lawfully made available to the public. 3 subsections (4) to (7) of section 19 of the commissioners for revenue and customs act 2005 apply to an offence under this regulation as they apply to an offence under that section. . amendment of regulation 31 (penalties) 26 in regulation 31, for "a person" substitute "except as provided in regulation 29a(3), a person". insertion of new part 5a (civil penalties) 27 after regulation 31 insert - part 5a civil penalties civil penalties 31a 1 a relevant enforcing authority may impose a requirement to pay a civil penalty in accordance with schedule 4. 2 the requirement to pay a civil penalty may be imposed on any person who - a fails to comply with - i a provision of the 2014 regulation specified in schedule 2; ii a provision of the commission regulations specified in schedule 3, read in association with part 3 of these regulations; b causes or permits another person to do any of the following - i breach any of the prohibitions mentioned in the following provisions of the 2014 regulation - aa article 3(1) (prohibition on intentional release of fluorinated greenhouse gas); bb article 11(1) (read in association with article 11(2) and (3)) (prohibition on placing specified products and equipment on the market); cc article 14(1) (prohibition on placing equipment not accounted for within quota system on the market); ii breach article 14(2) of the 2014 regulation (requirements to document placing on the market and to draw up declaration of conformity); iii breach the second paragraph of article 15(1) (read in association with article 15(2) and (3)) of the 2014 regulation (requirement to ensure quantities placed on market do not exceed quota); c submits a report under article 19 of the 2014 regulation which is not in accordance with commission regulation 1191/2014; d fails, where labelling for products and equipment is required under article 12 of the 2014 regulation, to comply with article 2 of commission regulation 2015/2068 (labelling format); e fails to comply with a requirement under regulation 18; f fails to comply with a requirement under regulation 19; g fails to comply with an information notice served under regulation 24; h fails, or causes or permits another person to fail, to - i comply with a requirement under regulation 28(2), (3) or (4); ii comply with an enforcement notice; i intentionally obstructs any person acting in the execution or enforcement of these regulations; j fails, without reasonable cause, to give to any such person any assistance or information which that person may reasonably require for those purposes; k furnishes to any such person any information knowing it to be false or misleading; l fails to produce a document or record to any such person when required to do so. 3 a civil penalty may be imposed by a relevant enforcing authority on a person qualified in relation to fire protection systems who fails to comply with any of the following requirements of commission regulation 1497/2007 - a article 3 (checking system records); b article 4(1) (visual checks by certified personnel); c article 4(2) (checks in cases of presumed leakage); d article 6 (follow-up check). 4 a civil penalty may be imposed by a relevant enforcing authority on an operator of a fire protection system who fails to ensure that the following requirements of commission regulation 1497/2007 are carried out by a person qualified in relation to fire protection systems - a article 4(4) (checking of pressure gauges and weight-monitoring devices); b article 5 (repair of leakage); c article 7 (requirements for newly commissioned systems). 5 subject to paragraph (7), a civil penalty may be imposed by a relevant enforcing authority on a person qualified in relation to stationary equipment who fails to comply with any of the following requirements of commission regulation 1516/2007 - a article 3 (checking equipment records); b article 4 (systematic checks); c article 5 (choice of measuring method); d article 6 (direct measuring methods); e article 7(1) (indirect measuring methods); f article 7(2) (examination using a direct method); g article 9 (follow-up check). 6 subject to paragraph (7), a civil penalty may be imposed by a relevant enforcing authority on an operator of stationary equipment who - a fails to comply with any of the following requirements of commission regulation 1516/2007 - i article 2(1) (equipment records); ii article 2(3) (determination of gas charge by certified personnel); b fails to ensure that the following requirements of commission regulation 1516/2007 are complied with - i article 2(2) (indication of gas charge); ii article 2(4) (indication of leakage cause); c fails to ensure that the following requirements of commission regulation 1516/2007 are carried out by a person qualified in relation to stationary equipment - i article 8 (repair of leakage); ii article 10 (requirements for newly commissioned equipment). 7 paragraphs (5) and (6) do not apply in respect of equipment with a hermetically sealed system which - a is labelled as having such a system, and b contains less than 6 kilograms of fluorinated greenhouse gases. 8 schedule 4 (which provides for civil penalties) has effect. . omission of schedule 1 (certification and evaluation bodies (high voltage switchgear)) 28 omit schedule 1. amendment of schedule 2 (2014 regulation provisions) 29 in schedule 2, in the table, after the entry for "article 8(3)" insert - article 10(11) requirement on undertakings assigning tasks referred to in article 10(1) to another undertaking to take reasonable steps to ascertain that the latter holds the necessary certificates for the required tasks. . amendment of schedule 3 (commission regulation provisions) 30 1 schedule 3 is amended as follows. 2 for table 1 (certification for stationary refrigeration, air conditioning and heat pump equipment) substitute - table 1 certification for stationary refrigeration, air conditioning and heat pump equipment provision of commission regulation 2015/2067 summary of subject matter article 3(1) (read in association with articles 2 and 3(3) and (4)) requirement on natural persons carrying out activities referred to in article 2(1) (scope) to hold a certificate as referred to in article 4 (certificates for natural persons) for the corresponding category as set out in article 3(2) (certification of natural persons). article 5 requirement on companies referred to in article 2(2) to hold a certificate as referred to in article 6 (company certificates). . 3 for table 3 (certification for recovery of fluorinated greenhouse gases from high voltage switchgear) substitute - table 3 certification for electrical switchgear provision of commission regulation 2015/2066 summary of subject matter article 2(1) (read in association with articles 2(2) and (3) and 9) requirement on natural persons carrying out the activities referred to in article 1 (subject matter and scope) to hold a certificate as referred to in article 3 (issuance of certificates to natural persons). . 4 after table 5 insert - table 6 declaration of conformity and verification document for equipment charged with hydrofluorocarbons provision of commission regulation 2016/879 summary of subject matter article 1(2) requirement for importers of equipment charged with hydrofluorocarbons to ensure that a copy of the declaration of conformity is available to the customs authorities when the customs declaration is submitted. article 4 requirement for importers of equipment to submit the verification document using the reporting tool made available by the commission under article 1 of commission regulation 1191/2014 by 31st march every year for the preceding calendar year. . insertion of new schedule 4 (civil penalties) and schedule 5 (appeals) 31 after schedule 3 insert - schedule 4 civil penalties regulation 31a(8) imposition of a civil penalty 1 1 a relevant enforcing authority may by notice impose on any person, in relation to a failure to comply with any provision referred to in regulation 31a, a requirement to pay a civil penalty to the relevant enforcing authority of such an amount as the notice may specify or determine, subject to sub-paragraph (4). 2 the standard of proof to be applied by a relevant enforcing authority imposing a civil penalty under these regulations is on a balance of probabilities. 3 a civil penalty may not be imposed - a on more than one occasion in relation to the same act or omission; b in relation to an act or omission that resulted in a criminal conviction. 4 the maximum civil penalty is 200,000, except as provided in the following table - column 1 column 2 maximum civil penalty provision subject to civil penalty 100,000 in relation to the entries in column 2 regulation 18 article 3(2), (3) (except in relation to the failure of operators of equipment to ensure that equipment is repaired without undue delay where a leakage of fluorinated greenhouse gases is detected) and (4) of the 2014 regulation article 4(1) of the 2014 regulation article 5(1), (2), (3) and (4) of the 2014 regulation article 7(1) of the 2014 regulation article 8(1), (2) and (3) of the 2014 regulation article 13(1), (2) and (3) of the 2014 regulation article 17(1) of the 2014 regulation article 19(5) and (6) of the 2014 regulation article 3 of commission regulation 1497/2007 article 4(1), (2) and (4) of commission regulation 1497/2007 article 5 of commission regulation 1497/2007 article 6 of commission regulation 1497/2007 article 7 of commission regulation 1497/2007 article 2(1), (2), (3) and (4) of commission regulation 1516/2007 article 3 of commission regulation 1516/2007 article 4 of commission regulation 1516/2007 article 5 of commission regulation 1516/2007 article 6 of commission regulation 1516/2007 article 7(1) and (2) of commission regulation 1516/2007 article 8 of commission regulation 1516/2007 article 9 of commission regulation 1516/2007 article 10 of commission regulation 1516/2007 article 4(1) of commission regulation 304/2008 article 7(1) of commission regulation 304/2008 article 2(1) of commission regulation 307/2008 article 2(1) of commission regulation 2015/2066 article 3(1) of commission regulation 2015/2067 article 5 of commission regulation 2015/2067 50,000 in relation to the entries in column 2 regulation 19 article 6(1), (2) and (3) of the 2014 regulation article 12(1) of the 2014 regulation article 12(5) of the 2014 regulation article 14(2) of the 2014 regulation article 2 of commission regulation 2015/2068 10,000 in relation to the entries in column 2 regulation 31a(2)(c) article 19(1), (2), (3) and (4) of the 2014 regulation article 1(2) of commission regulation 2016/879 article 4 of commission regulation 2016/879 5 the secretary of state or the environment agency may recover any civil penalty imposed by them under this schedule as if payable under order of the court. 6 the scottish ministers or sepa may recover any civil penalty imposed by them under this schedule as if it were payable under an extract registered decree arbitral bearing a warrant for execution by a sheriff of any sheriffdom. 7 a relevant enforcing authority must, as soon as is reasonably practicable, pay the amount of any civil penalty that has been paid to it - a to the secretary of state, in the case of the environment agency; b to the scottish ministers, in the case of sepa. notice of intent 2 1 if a relevant enforcing authority proposes to impose a civil penalty on a person under this schedule, the relevant enforcing authority must serve on that person a notice of what is proposed ("a notice of intent"). 2 the notice of intent must include - a the grounds for the proposed penalty, b the maximum amount of the penalty, and c information as to the right to make written representations and objections within 28 days beginning with the day on which the notice of intent was received. making representations and objections 3 a person on whom a notice of intent is served by a relevant enforcing authority may, within 28 days beginning with the day on which the notice was received, make written representations and objections to the relevant enforcing authority in relation to the proposed imposition of a civil penalty. civil penalty notice 4 1 after the end of the period for making representations and objections under paragraph 3, the relevant enforcing authority which served the notice of intent must decide whether to impose the civil penalty set out in the notice of intent, with or without modifications. 2 where the relevant enforcing authority decides to impose a civil penalty, the notice imposing it must include information as to - a the grounds for imposing the penalty, b the amount to be paid, c how payment may be made, d the period within which payment must be made, which must be not less than 28 days, e rights of appeal, and f the consequences of failing to comply with the notice. withdrawing or amending a notice 5 the relevant enforcing authority may in writing, at any time before payment is made to it in accordance with a civil penalty notice, withdraw the notice or amend the amount specified in the notice. enforcement cost recovery notice 6 1 a relevant enforcing authority may by notice require a person on whom it has served a civil penalty notice to pay the costs incurred by the relevant enforcing authority in relation to the service of that civil penalty notice up to the time of its service. 2 examples of costs include - a costs of detaining goods; b investigation costs; c administration costs; d costs of obtaining expert advice (including legal advice). 3 the enforcement cost recovery notice must specify - a the grounds for serving the notice, b the amount to be paid, c how payment may be made, d the period within which payment must be made, which must not be less than 28 days, and e the right of appeal. publication of enforcement action 7 1 each relevant enforcing authority must from time to time publish the following information about cases in which civil penalties have been imposed - a the name of the person on whom the penalty was imposed; b the nature of the breach to which the penalty relates; c the amount of the penalty. 2 information must not be published until after the expiry of the period for making an appeal or, where an appeal has been made, until after the appeal has been determined. 3 the requirement to publish information does not include cases where a civil penalty notice has been served but is subsequently withdrawn or quashed. schedule 5 appeals regulation 26(2a) appeals against notices served by the environment agency or the secretary of state 1 1 a person on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by the environment agency or the secretary of state may appeal against it to the first-tier tribunal. 2 an appeal must be made within 28 days beginning with the day on which the notice subject to the appeal is served. 3 a person bringing an appeal under sub-paragraph (1) may withdraw the appeal at any time before the appeal is determined. 4 where an appeal is made under sub-paragraph (1), the notice is suspended until the appeal is withdrawn or determined by the first-tier tribunal in accordance with sub-paragraph (5). 5 the first-tier tribunal may - a affirm the notice; b direct the environment agency or secretary of state to vary or withdraw the notice; c impose such other enforcement notice, civil penalty notice or enforcement cost recovery notice as the first-tier tribunal thinks fit. appeals against notices served by the scottish ministers 2 1 a person on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by the scottish ministers may appeal against it to the sheriff. 2 the appeal must be made within 28 days beginning with the day on which the notice is served. 3 a person bringing an appeal under sub-paragraph (1) may withdraw the appeal at any time before the appeal is determined. 4 where an appeal is made under sub-paragraph (1), the notice is suspended until the appeal is withdrawn or determined by the sheriff in accordance with sub-paragraph (5). 5 the sheriff may, without prejudice to any other powers the sheriff may exercise - a affirm the notice; b direct the scottish ministers to vary or withdraw the notice; c impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the sheriff thinks fit. appeals against notices served by sepa 3 1 a person, other than the scottish ministers, on whom an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by sepa may appeal against it to the scottish ministers. 2 subject to sub-paragraph (3), an appeal under sub-paragraph (1) must be made by notice in writing ("appeal notice") within a period of 28 days beginning with the day on which the notice which is the subject of the appeal is served. 3 the scottish ministers may at any time allow an appeal to be made after the expiry of the period mentioned in sub-paragraph (2). 4 the appeal notice must be accompanied by - a a statement of the grounds of appeal, b a copy of any correspondence or document relevant to the appeal, and c a statement indicating whether the person making an appeal under sub-paragraph (1) ("the appellant") wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations. 5 the appellant must also serve on sepa a copy of the appeal notice together with copies of any documents referred to in sub-paragraph (4) which accompanied it. 6 the appellant may, by further notice in writing to sepa, withdraw the appeal made under sub-paragraph (1) at any time before the appeal is determined. 7 where an appeal under sub-paragraph (1) is made under this paragraph, the notice is suspended until the appeal is either withdrawn under sub-paragraph (6) or determined in accordance with sub-paragraph (11). 8 the scottish ministers may - a appoint any person to exercise on their behalf, with or without payment, the function of determining the appeal in accordance with sub-paragraph (11), or b refer for determination any matter involved in the appeal to such person as the scottish ministers may appoint for the purpose, with or without payment. 9 if the appellant requests that an appeal under sub-paragraph (1) is in the form of a hearing, or the scottish ministers so decide - a the appeal must be in the form of a hearing; b the appeal must continue in the form of a hearing, despite previously being considered on the basis of written representations. 10 except in a case where an appeal is withdrawn under sub-paragraph (6), the scottish ministers or, with the agreement of the scottish ministers, any person appointed to determine an appeal ("the appointed person"), must notify the appellant and sepa in writing of the decision and the reasons for the decision. 11 the scottish ministers may - a affirm the notice which is subject to the appeal under sub-paragraph (1); b vary or withdraw the notice; c impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the scottish ministers think fit, or as the case may be, the appointed person thinks fit. 12 where the determination is that the notice subject to the appeal under sub-paragraph (1) is to be varied or withdrawn, sepa must give effect to the determination. 13 where an enforcement notice, a civil penalty notice or an enforcement cost recovery notice is served by sepa on the scottish ministers ("the relevant notice"), the scottish ministers may appeal against it to the sheriff. 14 an appeal under sub-paragraph (13) must be made within 28 days beginning with the day on which the relevant notice is served. 15 the scottish ministers bringing an appeal under sub-paragraph (13) may withdraw the appeal at any time before the appeal is determined. 16 where an appeal is made under sub-paragraph (13), the relevant notice is suspended until the appeal is withdrawn or determined by the sheriff in accordance with sub-paragraph (17). 17 the sheriff may, without prejudice to any other powers the sheriff may exercise - a affirm the relevant notice; b direct sepa to vary or withdraw the relevant notice; c impose such other enforcement notice, civil penalty notice or, as the case may be, enforcement cost recovery notice as the sheriff thinks fit. grounds for appeal 4 1 the grounds for an appeal against an enforcement notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this schedule are that the relevant enforcing authority's decision to serve the enforcement notice was - a based on an error of fact; b wrong in law; c wrong for any other reason; d unreasonable. 2 the grounds for an appeal against a civil penalty notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this schedule are - a that the relevant enforcing authority's decision to serve the civil penalty notice was - i based on an error of fact; ii wrong in law; iii wrong for any other reason; iv unreasonable; b that the amount specified in, or determined by, the notice is unreasonable. 3 the grounds for an appeal against an enforcement cost recovery notice under paragraph 1(1), 2(1), 3(1) or 3(13) of this schedule are - a that the relevant enforcing authority's decision to serve the enforcement cost recovery notice was - i based on an error of fact; ii wrong in law; iii wrong for any other reason; iv unreasonable; b that the amount specified in the notice is unreasonable. . thrse coffey parliamentary under secretary of state department for environment, food and rural affairs 26th january 2018

citation and commencement 1 1 this order may be cited as the financial penalty deposit and fixed penalty offences (miscellaneous provisions) order 2018. 2 articles 1 to 5 and 12 come into force on 1st january 2019. 3 articles 6 to 8 come into force on 1st january 2019 or, if later, the day appointed by the secretary of state under section 27(2) of the haulage permits and trailer registration act 2018 for section 8 of that act to come into force for all purposes. 4 articles 9 to 11 come into force on 28th march 2019. interpretation 2 in this order - "the 1988 act" means the road traffic offenders act 1988; "the 2000 order" means the fixed penalty order 2000 ; and "the 2009 order" means the road safety (financial penalty deposit) order 2009 . amendments relating to the goods vehicles (community licences) regulations 2011 3 1 regulation 4 (use of goods vehicle without community licence) of the goods vehicles (community licences) regulations 2011 is a fixed penalty offence for the purposes of part 3 of the 1988 act. 2 in schedule 3 (fixed penalty offences) to the 1988 act, after the entry for regulation 11(7) of the vehicle drivers (certificates of professional competence) regulations 2007, insert - offence under the goods vehicles (community licences) regulations 2011 ( s.i. 2011/2633 ) regulation 4 of the goods vehicles (community licences) regulations 2011 using a vehicle in great britain in contravention of the requirement to possess a community licence. 4 in the table in schedule 1 (fixed penalties) to the 2000 order - a omit the entries for item numbers 28 and 29; and b after the entry for item number 27, insert - 28 a fixed penalty offence under regulation 4 of the goods vehicles (community licences) regulations 2011 100 5 in part 2 (secondary legislation) of the schedule to the 2009 order, after table 6 (the vehicle drivers (certificate of professional competence) regulations 2007), insert - table 7 the goods vehicles (community licences) regulations 2011 provision creating offence general nature of offence regulation 4 using a vehicle in great britain in contravention of the requirement to possess a community licence amendments relating to the haulage permits and trailer registration act 2018 6 1 the following offences in the haulage permits and trailer registration act 2018 are fixed penalty offences for the purposes of part 3 of the 1988 act - a section 8(1) (using a goods vehicle in breach of regulations); b section 8(2) (failing to produce a permit); c section 8(3) (wilfully obstructing an examiner); and d section 8(4)(a) (breaching a prohibition on taking a vehicle to a country). 2 in schedule 3 (fixed penalty offences) to the 1988 act, insert at the appropriate place - offences under the haulage permits and trailer registration act 2018 (c. 19) section 8(1) of the haulage permits and trailer registration act 2018 operator using a goods vehicle in breach of regulations made under section 1(1) of that act without reasonable excuse. section 8(2) of that act driver of a goods vehicle breaching a requirement under section 6(2)(a) of that act to produce a permit without reasonable excuse. section 8(3) of that act wilfully obstructing an examiner exercising powers under section 6 of that act. section 8(4)(a) of that act breaching a prohibition under section 7 of that act without reasonable excuse. 7 in the table in schedule 1 (fixed penalties) to the 2000 order, after the entry for item number 28, insert - 29 a fixed penalty offence under section 8(1) of the haulage permits and trailer registration act 2018 300 30 a fixed penalty offence under section 8(2) of the haulage permits and trailer registration act 2018 300 31 a fixed penalty offence under section 8(3) of the haulage permits and trailer registration act 2018 300 32 a fixed penalty offence under section 8(4)(a) of the haulage permits and trailer registration act 2018 300 8 in part 1 (acts of parliament) of the schedule to the 2009 order, after table 10 ( hgv road user levy act 2013), insert - table 11 haulage permits and trailer registration act 2018 provision creating offence general nature of offence section 8(2) driver of a goods vehicle breaching a requirement under section 6(2)(a) of that act to produce a permit without reasonable excuse section 8(3) wilfully obstructing an examiner exercising powers under section 6 of that act section 8(4)(a) breaching a prohibition under section 7 of that act without reasonable excuse section 8(4)(b) causing or permitting a breach of a prohibition under section 7 of that act without reasonable excuse amendments relating to the trailer registration regulations 2018 9 1 the following offences in the trailer registration regulations 2018 are fixed penalty offences for the purposes of part 3 of the 1988 act - a regulation 5 (keeping or using an unregistered trailer on a journey to or through a 1968 convention territory); b regulation 19(1)(a) (using a registered trailer on a journey to or through a 1968 convention territory with an expired registration document); c regulation 19(1)(f) (failing to produce a registration document); d regulation 19(1)(g) (failing to fix a registration plate on a registered trailer); e regulation 19(1)(h) (displaying an unassigned registration mark on a trailer); f regulation 20 (keeping or using an incorrectly registered trailer); g regulation 21 (obscuring of registration mark); and h regulation 22(a) (wilfully obstructing a person carrying out an inspection). 2 in schedule 3 (fixed penalty offences) to the 1988 act, insert at the appropriate place - offences under the trailer registration regulations 2018 ( s.i. 2018/1203 ) regulation 5 of the trailer registration regulations 2018 keeping or using a trailer that has not been registered under those regulations on a journey to or through a foreign country that is a contracting party to the 1968 vienna convention on road traffic ("the 1968 convention"). regulation 19(1)(a) of those regulations using a registered trailer with an expired registration document on a journey to or through a foreign country that is a contracting party to the 1968 convention. regulation 19(1)(f) of those regulations failing to produce a trailer registration document when required to do so. regulation 19(1)(g) of those regulations failing to fix a registration plate on a registered trailer in accordance with those regulations. regulation 19(1)(h) of those regulations displaying a trailer registration mark on a trailer that is not assigned to that trailer. regulation 20 of those regulations keeping or using an incorrectly registered trailer on a road. regulation 21 of those regulations keeping or using a registered trailer on a road with a registration mark that is obscured. regulation 22(a) of those regulations wilfully obstructing a person carrying out an inspection of a trailer under those regulations. 10 in the table in schedule 1 (fixed penalties) to the 2000 order, after the entry for item number 32, insert - 33 a fixed penalty offence under regulation 5 of the trailer registration regulations 2018 100 34 a fixed penalty offence under regulation 19(1)(a) of the trailer registration regulations 2018 100 35 a fixed penalty offence under regulation 19(1)(f) of the trailer registration regulations 2018 100 36 a fixed penalty offence under regulation 19(1)(g) of the trailer registration regulations 2018 100 37 a fixed penalty offence under regulation 19(1)(h) of the trailer registration regulations 2018 100 38 a fixed penalty offence under regulation 20 of the trailer registration regulations 2018 100 39 a fixed penalty offence under regulation 21 of the trailer registration regulations 2018 100 40 a fixed penalty offence under regulation 22(a) of the trailer registration regulations 2018 300 11 in the 2009 order - a after "vehicle" in paragraph (a) of article 3, insert "or trailer"; and b after table 7 (the goods vehicles (community licences) regulations 2011) in part 2 (secondary legislation) of the schedule, insert - table 8 the trailer registration regulations 2018 provision creating offence general nature of offence regulation 5 keeping or using a trailer that has not been registered under those regulations on a journey to or through a foreign country that is a contracting party to the 1968 vienna convention on road traffic ("the 1968 convention") regulation 19(1)(a) using a registered trailer with an expired registration document on a journey to or through a foreign country that is a contracting party to the 1968 convention regulation 19(1)(f) failing to produce a trailer registration document when required to do so regulation 19(1)(g) failing to fix a registration plate on a registered trailer in accordance with those regulations regulation 19(1)(h) displaying a trailer registration mark on a trailer that is not assigned to that trailer regulation 20 keeping or using an incorrectly registered trailer on a road regulation 21 keeping or using a registered trailer on a road with a registration mark that is obscured regulation 22(a) wilfully obstructing a person carrying out an inspection of a trailer under those regulations further amendment to the 2000 order 12 in the table in schedule 1 (fixed penalties) to the 2000 order, after the entry for item number 40, insert - 41 any other fixed penalty offence except for a fixed penalty parking offence 50 42 any other fixed penalty parking offence 30 signed by authority of the secretary of state for transport jesse norman minister of state department for transport 26th november 2018

citation, commencement and extent 1 1 these regulations may be cited as the marketing of ornamental plant propagating material (amendment) (england and wales) regulations 2018 and come into force on 1st october 2018. 2 these regulations extend to england and wales. the marketing of ornamental plant propagating material regulations 1999 2 the marketing of ornamental plant propagating material regulations 1999 are amended as follows. 3 after regulation 6 insert - further provision relating to palmae : england and wales 6a 1 in addition to meeting the requirements of regulation 4, propagating material of palmae belonging to the genera and species referred to in the annex to commission directive 93/49/eec setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to council directive 91/682/eec and having a diameter of the stem at the base of over 5 cm must meet the condition set out in paragraph 2 or the conditions set out in paragraph 3. 2 the condition is that the material has been grown for its entire life in an area which has been established as free from the organism by a responsible official body in accordance with relevant international standards for phytosanitary measures. 3 the conditions are that the material has been grown in the two years prior to its marketing in a site subject to visual inspections carried out at least once every four months confirming the freedom of that material from the organism and it has been grown in a site - a with complete physical protection against the introduction of the organism, or b where the appropriate preventative treatments have been applied with respect to the organism. 4 for the purposes of this regulation - "international standards for phytosanitary measures" means international standards for phytosanitary measures prepared by the secretariat of the international plant protection convention established by the food and agriculture organisation of the united nations ; "the organism" means " rhynchophorus ferrugineus (olivier)"; "responsible official body" means a body described in article 2(1)(g) of directive 2000/29/ec . . gardiner of kimble parliamentary under secretary of state department for environment, food and rural affairs 3rd september 2018

citation and commencement 1 this order may be cited as the export control (amendment) order 2018 and comes into force on 5th march 2018. amendments to the export control order 2008 2 in article 2 (interpretation) of the export control order 2008 omit the definition of "information security items". 3 1 schedule 2 (military goods, software and technology) to the export control order 2008 is amended as follows. 2 under the definitions heading - a omit the definition of "adapted for use in war"; b at the appropriate place, insert - "biological agents" means pathogens or toxins, selected or modified (such as altering purity, shelf life, virulence, dissemination characteristics, or resistance to uv radiation) to produce casualties in humans or animals, degrade equipment or damage crops or the environment; . 3 in entry ml7, for "chemical or biological toxic agents, toxic chemicals and mixtures containing such agents or chemicals, "riot control agents", radioactive materials, related equipment, components and materials as follows:" substitute "chemical agents, "biological agents", "riot control agents", radioactive materials, related equipment, components and materials, as follows:". 4 for entry ml7.a. substitute ""biological agents" or radioactive materials selected or modified to increase their effectiveness in producing casualties in humans or animals, degrading equipment or damaging crops or the environment;". 5 after ml8.a.40 insert - 41 ftdo (5,6-(3',4'-furazano)-1,2,3,4-tetrazine-1,3-dioxide); . 6 for entry ml8.c.3 substitute - boranes, as follows, and their derivatives: a. carboranes; b. borane homologues, as follows: 1. decaborane (14) ( cas 17702-41-9); 2. pentaborane (9) (cas 19624-22-7); 3. pentaborane (11) (cas 18433-84-6); . 7 in entry ml8.g.9, at the end replace "." with ";". 8 after ml8.g. insert - h. 'reactive material' powders and shapes, as follows: 1. powders of any of the following materials, with a particle size less than 250 m in any direction and not specified elsewhere in ml8: a. aluminium; b. niobium; c. boron; d. zirconium; e. magnesium; f. titanium; g. tantalum; h. tungsten; i. molybdenum; or j. hafnium; 2. shapes, not specified in ml3, ml4, ml12 or ml16, fabricated from powders specified in ml8.h.1. technical notes: 1. 'reactive materials' are designed to produce an exothermic reaction only at high shear rates and for use as liners or casings in warheads. 2. 'reactive material' powders are produced by, for example, a high energy ball milling process. 3. 'reactive material' shapes are produced by, for example, selective laser sintering. . graham stuart parliamentary under secretary of state for investment department for international trade 7th february 2018

citation and commencement 1 these regulations may be cited as the machine games duty (amendment) (eu exit) regulations 2018 and come into force on 16th august 2018. amendments to the machine games duty regulations 2012 2 the machine games duty regulations 2012 are amended as follows. 3 1 renumber regulation 3(1) (interpretation) as regulation 3. 2 in renumbered regulation 3 omit the definition of "registration number". 4 in regulation 7 (registration) - a for paragraph (1) substitute - 1 where an application is made by a person in accordance with regulation 6, the commissioners must - a where the application is made by a registrable person, as soon as reasonably practicable - i register the person and allocate a registration number; and ii provide the registration confirmation to the person; or b where the application is made by an expected registrable person, as soon as reasonably practicable after the commissioners are satisfied that the person has become a registrable person - i register the person and allocate a registration number; and ii provide the registration confirmation to the person. , b omit paragraphs (3) and (4), and c after paragraph (5) insert - 6 in this regulation - "expected registrable person" means a person who reasonably expects to become a registrable person within 3 months following the date of the application for registration; and "provide the registration confirmation" means to provide the date of registration and the registration number. . 5 in paragraph (q) of schedule 1 (information to include in application to register) for "a previous registration number, a unique trader reference number" substitute "any other number issued by hmrc which identifies the applicant". 6 for paragraph (b) of schedule 2 (information to be contained in a mgd return) substitute - b the registration number allocated by the commissioners to the rp for the purposes of mgd; . angela macdonald melissa tatton two of the commissioners for her majesty's revenue and customs 18th july 2018

citation and commencement 1 this order may be cited as the northamptonshire (changes to years of elections) order 2018 and comes into force on 14th january 2019. specified authorities 2 the following local authorities ("the relevant councils") are specified under section 87 of the 2000 act for the purposes of this order - a corby borough council; b daventry district council; c east northamptonshire district council; d kettering borough council; e northampton borough council; f south northamptonshire district council; g wellingborough borough council; h the parish councils within the borough of corby; i the parish councils within the district of daventry; j the parish councils within the district of east northamptonshire; k the parish councils within the borough of kettering; l the parish councils within the borough of northampton; m the parish councils within the district of south northamptonshire; and n the parish councils within the borough of wellingborough. changes to years of elections 3 the ordinary elections of councillors of the relevant councils that would, but for this order, have taken place on the ordinary day of election of councillors in 2019 shall instead take place on the ordinary day of election of councillors in 2020. retirement of councillors 4 any councillor of a relevant council holding office immediately before the fourth day after the ordinary day of election of councillors in 2019 who would, but for this order, have retired on that date shall, unless the councillor resigns or the office of councillor otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2020. signed by authority of the secretary of state for housing, communities and local government rishi sunak parliamentary under secretary of state ministry of housing, communities and local government 10th december 2018

part 1 preliminary citation and commencement 1 this order may be cited as the network rail (werrington grade separation) order 2018 and comes into force on 24th august 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 1981 act" means the compulsory purchase (vesting declarations) act 1981 ; "the 1990 act" means the town and country planning act 1990 ; "the 1991 act" means the new roads and street works act 1991 ; "the 2003 act" means the communications act 2003 ; "address" includes any number or address used for the purposes of electronic transmission; "authorised works" means the scheduled works and any other works authorised by this order or any part of them; "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; "bridleway" has the same meaning as in the 1980 act; "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; "cycle track" has the same meaning as in the 1980 act; "deposited plans" means the plans certified by the secretary of state as the deposited plans for the purposes of this order; "deposited sections" means the sections certified as the sections by the secretary of state for the purposes of this order; "electronic transmission" means a communication transmitted - by means of an electronic communications network; or by other means but while in electronic form; "footpath" and "footway" have the same meanings as in the 1980 act; "highway" and "highway authority" have the same meaning as in the 1980 act; "limits of deviation" means the limits of deviation for the scheduled works shown on the deposited plans; "maintain" includes inspect, repair, adjust, alter, remove, reconstruct and replace, and "maintenance" is to be construed accordingly; "network rail" means network rail infrastructure limited (company registration number 02904587) whose registered office is at 1 eversholt street, london, nw1 2dn; "order land" means the land shown on the deposited plans which is within the limits of land to be acquired or used and described in the book of reference; "order limits" means the limits of deviation and the limits of land to be acquired or used shown on the deposited plans; "owner", in relation to land, has the same meaning as in section 7 (interpretation) of the acquisition of land act 1981 ; "road hump" has the same meaning as in the 1980 act; "the scheduled works" means the works specified in schedule 1 (scheduled works) or any part of them; "statutory undertaker" means - any person who is a statutory undertaker for any of the purposes of the 1990 act; and any public communications provider within the meaning of section 151(1) of the 2003 act; "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; "the tribunal" means the lands chamber of the upper tribunal; and "watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain. 2 references in this order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface and references in this order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this order or is otherwise comprised in network rail's railway undertaking. 3 references in this order to numbered plots are references to plot numbers on the deposited plans. 4 all distances, directions and lengths referred to in this order are approximate and distances between points on a scheduled work are taken to be measured along that work. 5 references in this order to points identified by letters with or without numbers, are construed as references to points so lettered on the deposited plans. 6 references in this order to numbered works are references to the scheduled works as numbered in schedule 1. incorporation of the railway clauses acts 3 1 the following provisions of the railways clauses consolidation act 1845 are incorporated in this order - section 58 (company to repair roads used by them), except for the words from "and if any question" to the end; section 61 (company to make sufficient approaches and fences to highways crossing on the level); section 68 (accommodation works by company); section 71 (additional accommodation works by owners), except for the words "or directed by such justices to be made by the company" and "or, in case of difference, as shall be authorised by two justices"; sections 72 and 73 (supplementary provisions relating to accommodation works); section 77 (presumption that minerals excepted from acquisition of land); sections 78 to 83, 85 to 85e and schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the mines (working facilities and support) act 1923 ; section 103 (refusal to quit carriage at destination); section 105 (carriage of dangerous goods on railway), except for the words from "and if any person" to "for every such offence"; and section 145 (recovery of penalties). 2 section 12 (signals, watchmen etc.) of the railways clauses act 1863 is incorporated in this order. 3 in those provisions, as incorporated in this order - "the company" means network rail; "goods" includes any thing conveyed on the railway authorised to be constructed by this order; "lease" includes an agreement for a lease; "prescribed", in relation to any such provision, means prescribed by this order for the purposes of that provision; "the railway" means any railway authorised to be constructed by this order and any other authorised work; and "the special act" means this order. application of the 1991 act 4 1 works executed under this order in relation to a highway which consists of or includes a carriageway are to 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) of that act (which defines what highway authority works are major highway works); or b they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the highways act 1980. 2 the provisions of the 1991 act mentioned in paragraph (3) (which, together with other provisions of that act, apply in relation to the carrying out of street works) and any regulations made or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by network rail under the powers conferred by article 11 (temporary stopping up of streets) and the carrying out of works under article 9 (power to execute street works) whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that act. 3 the provisions of the 1991 act referred to in paragraph (2) are - 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); and 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. 4 nothing in article 12 (construction and maintenance of new or altered streets) - a prejudices the operation of section 87 (prospectively maintainable highways) of the 1991 act; and network rail is not, by reason of any duty under that article to maintain a street, to be taken to be a street authority in relation to that street for the purposes of part 3 of that act; or b has effect in relation to street works with regard to which the provisions of part 3 of the 1991 act apply. disapplication of legislative provisions 5 1 the following provisions do not apply in relation to any works executed under the powers conferred by this order - a regulation 12(1)(a) (environmental permit required for operating a regulated facility) of the environmental permitting (england and wales) regulations 2016 in relation to the carrying out of a relevant flood risk activity; b section 23 (prohibition on obstacles etc. in watercourses) of the land drainage act 1991 ; and c the provisions of any byelaws made under, or having effect as if made under, section 66 (powers to make byelaws) of that act, which require consent or approval for the carrying out of the works. 2 in article 5(1)(a) "relevant flood risk activity" means an activity within paragraph 3(1)(a), (b) or (c) of schedule 25 (flood risk activities and excluded flood risk activities) to the environmental permitting (england and wales) regulations 2016. part 2 works provisions principal powers power to construct and maintain works 6 1 network rail may construct and maintain the scheduled works. 2 subject to article 7 (power to deviate) the scheduled works may only be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the sections. 3 subject to paragraph (5), network rail may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the scheduled works, namely - a electrical equipment and signalling works; b ramps, means of access and footpaths, bridleways and cycle tracks; c embankments, aprons, abutments, retaining walls, wing walls and culverts; d works to install or alter the position of apparatus, including mains, sewers, drains and cables; e demolition of - i monkhams, hurn road, werrington, pe6 7hu; ii 1549 lincoln road, werrington, pe6 7hh; and iii 1551 lincoln road, werrington, pe6 7hh; f partial demolition of the boundary wall running parallel with brook drain to the rear of properties at coningsby road; and g a retention pond to the southwest of the east coast mainline railway corridor. 4 subject to paragraph (5), network rail may carry out 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 authorised works. 5 paragraphs (3) and (4) only authorise the carrying out or maintenance of works outside the limits of deviation if such works are carried out on - a land specified in columns (1) and (2) of schedule 2 (acquisition of land for ancillary works) for the purpose specified in column (3) of that schedule; b land specified in column (1) of schedule 8 (land in which only new rights etc. may be acquired) for the purposes specified in column (2) of that schedule; or c land specified in columns (1) and (2) of schedule 10 (land of which temporary possession may be taken) for the purposes specified in column (3) of that schedule and in relation to the authorised works specified in column (4) of that schedule. 6 network rail may, within the order limits - a carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance and operation of the authorised works (other than works authorised by this paragraph); and b carry out and maintain works for the benefit or protection of land affected by the authorised works (other than works authorised by this paragraph). power to deviate 7 in constructing or maintaining any of the scheduled works, network rail may - a deviate laterally from the lines or situations shown on the deposited plans to the extent of the limits of deviation for that work; and b deviate vertically from the levels shown on the sections - i to any extent upwards not exceeding 3 metres; or ii to any extent downwards as may be found to be necessary or convenient. streets power to alter layout etc. of streets 8 1 network rail may for the purposes of the authorised works alter the layout of, or carry out any works in, the street specified in columns (1) and (2) of schedule 3 (streets subject to alteration of layout) in the manner specified in relation to that street in column (3). 2 without limitation on the scope of the specific powers conferred by paragraph (1) but subject to paragraphs (3) and (4), network rail may, for the purposes of constructing and maintaining any scheduled work, alter the layout of any street within the order limits and the layout of any street having a junction with such a street; and, without limitation on the scope of that power, network rail may - a increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; b alter the level or increase the width of any such kerb, footpath, footway, cycle track or verge; c reduce the width of the carriageway of the street; and d temporarily remove any road hump within the street. 3 network rail must restore to the reasonable satisfaction of the street authority any street which has been temporarily altered under this article. 4 the powers conferred by paragraph (2) are not to be exercised without the consent of the street authority, but such consent must not be unreasonably withheld. 5 if within 28 days of receiving an application for consent under paragraph (4) a street authority fails to notify network rail of its decision or refuses consent without giving any grounds for its refusal that street authority is deemed to have granted consent. power to execute street works 9 1 network rail may, for the purposes of the authorised works, enter on any of the streets specified in schedule 4 (streets subject to street works) as are within the order limits and may - a break up or open the street, or any sewer, drain or tunnel under it; b place apparatus in the street; c maintain apparatus in the street or change its position; and d execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c). 2 in this article "apparatus" has the same meaning as in part 3 of the 1991 act. stopping up of streets 10 1 subject to the provisions of this article, network rail may, in connection with the construction, maintenance and operation of the authorised works, stop up each of the streets specified in columns (1) and (2) of parts 1 and 2 of schedule 5 (streets to be stopped up) to the extent specified in column (3) of those parts of that schedule. 2 no street specified in columns (1) and (2) of part 1 of schedule 5 is to be wholly or partly stopped up under this article unless - a the new street to be constructed and substituted for it, which is specified in column (4) of that part of that schedule, has been constructed and completed to the reasonable satisfaction of the street authority and is open for use; or b a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided and subsequently maintained by network rail, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street until the completion and opening of the new street in accordance with sub-paragraph (a). 3 no street specified in columns (1) and (2) of part 2 of schedule 5 (being a street to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street to be stopped up. 4 the condition referred to in paragraph (3) is that - a network rail is in possession of the land; or b there is no right of access to the land from the street concerned; or c there is reasonably convenient access to the land otherwise than from the street concerned; or d the owners and occupiers of the land have agreed to the stopping up. 5 where a street has been stopped up under this article - a all rights of way over or along the street so stopped up are extinguished; and b network rail may appropriate and use for the purposes of its railway undertaking so much of the site of the street as is bounded on both sides by land owned by network rail. 6 any person who suffers loss by the suspension or extinguishment 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. temporary stopping up of streets 11 1 network rail, during and for the purposes of the execution of the authorised works, may 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 (3), prevent all persons from passing along the street. 2 without limitation on the scope of paragraph (1), network rail may use any street stopped up under the powers conferred by this article within the order limits as a temporary working site. 3 network rail must provide reasonable access for pedestrians going to or from premises abutting on a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access. 4 without limitation on the scope of paragraph (1), network rail may temporarily stop up, alter or divert the streets specified in columns (1) and (2) of schedule 6 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of that schedule. 5 network rail must not exercise the powers conferred by this article - a in relation to any street specified as mentioned in paragraph (4) 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 within 28 days of receiving an application for consent under paragraph (5)(b) a street authority fails to notify network rail of its decision or refuses consent without giving any grounds for its refusal that street authority is deemed to have granted consent. construction and maintenance of new or altered streets 12 1 any street to be constructed under this order must be completed to the reasonable satisfaction of the highway authority and, unless otherwise agreed between network rail and the highway authority, must be maintained by and at the expense of network rail for a period of 12 months from its completion and from the expiry of that period by and at the expense of the highway authority. 2 where a street is altered or diverted under this order, the altered or diverted part of the street must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed with the street authority, be maintained by and at the expense of network rail for a period of 12 months from its completion and from the expiry of that period by and at the expense of the street authority. 3 paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of network rail and except as provided in those paragraphs network rail is not liable to maintain the surface of any street under or over which the scheduled works are constructed, or the immediate approaches to any such street. 4 in any action against network rail in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without affecting any other defence or the application of the law relating to contributory negligence) to prove that network rail had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic. 5 for the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters - a the character of the street and the traffic which was reasonably to be expected to use it; b the standard of maintenance appropriate for a street of that character and used by such traffic; c the state of repair in which a reasonable person would have expected to find the street; d whether network rail knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and e where network rail could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant to prove that network rail had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that network rail had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions. access to works 13 1 network rail may, for the purposes of the authorised works - a form and lay out means of access, or improve existing means of access, in the locations specified in columns (1) and (2) of schedule 7 (access to works); and b with the approval of the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the order limits as network rail reasonably requires for the purposes of the authorised works. 2 if a highway authority fails to notify network rail of its decision within 28 days of receiving an application for approval under paragraph (1), that highway authority is deemed to have granted approval. agreements with street authorities 14 1 a street authority and network rail may enter into agreements with respect to - a the construction of any new street (including any structure carrying the street over or under a railway) under the powers conferred by this order; b the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this order; c the maintenance of the structure of any bridge constructed under the powers conferred by this order; d any stopping up, alteration or diversion of a street under the powers conferred by this order; or e the execution in the street of any of the works referred to in article 9 (1) (power to execute street works). 2 such an agreement may, without limitation on the scope of paragraph (1) - a make provision for the street authority to carry out any function under this order which relates to the street in question; and b contain such terms as to payment and otherwise as the parties consider appropriate. construction of bridges 15 1 any bridge to be constructed under this order for carrying a highway over or under a railway must be constructed in accordance with the plans and specifications approved by the highway authority (such approval not to be unreasonably withheld). 2 if within 28 days of receiving an application for approval under paragraph (1) a highway authority fails to notify network rail of its decision or refuses approval without giving any grounds for its refusal that highway authority is deemed to have granted approval. supplemental powers discharge of water 16 1 network rail may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the order limits, make openings into, and connections with, the watercourse, public sewer or drain. 2 any dispute arising from the making of connections to or the use of a public sewer or drain by network rail under paragraph (1) 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 network rail must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. 4 network rail must not make any opening into any public sewer or drain except - a in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 network rail must not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river. 6 network rail must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the environmental permitting (england and wales) regulations 2016 . 8 if a person who receives an application for consent or approval fails to notify network rail of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be. 9 in this article - a "public sewer or drain" means a sewer or drain which belongs to a sewerage undertaker, the environment agency, an internal drainage board, or a local authority; and b other expressions, excluding watercourse, used both in this article and in the water resources act 1991 have the same meaning as in that act. power to survey and investigate land 17 1 network rail may for the purposes of this order - a survey or investigate any land shown within the order limits; b without limitation on the scope of sub-paragraph (a), make trial holes in such positions on the land as network rail thinks fit 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 place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes; and e enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d). 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 notice given in accordance with paragraph (2) must include - a a statement of the recipient's rights under paragraph (15); and b a copy of any warrant issued under paragraph (8). 4 if network rail proposes to do any of the following, the notice must include details of what is proposed - a searching, boring or excavating; b leaving apparatus on the land; c taking samples; d an aerial survey; e carrying out any other activities that may be required to facilitate compliance with the instruments mentioned in paragraph (5). 5 the instruments referred to in paragraph (4)(e) are - a directive 2011/92/eu of the european parliament and of the council of 13 december 2011 on the assessment of the effects of certain public and private projects on the environment ; or b council directive 92/42/eec of 21 may 1992 of the on the conservation of natural habitats and of wild fauna and flora . 6 if network rail obtains a warrant after giving notice in accordance with paragraph (2) it must give a copy of the warrant to all those to whom it gave that notice. 7 any person entering land under this article on behalf of network rail - a must, if so required, before or after entering the land produce written evidence of authority to do so including any warrant issued under paragraph (8); and b may not use force unless a justice of the peace has issued a warrant under paragraph (8) authorising the person to do so; c may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes; d may only enter and survey land at a reasonable time; and e must, if the land is unoccupied or the occupier is absent from the land when the person enters it, leave it as secure against trespassers as when the person entered it. 8 a justice of the peace may issue a warrant authorising a person to use force in the exercise of the power conferred by this article if satisfied - a that another person has prevented or is likely to prevent the exercise of that power, and b that it is reasonable to use force in the exercise of that power. 9 the force that may be authorised by a warrant is limited to that which is reasonably necessary. 10 a warrant authorising the person to use force must specify the number of occasions on which network rail can rely on the warrant when entering and surveying or investigating land. 11 the number specified must be the number which the justice of the peace considers appropriate to achieve the purpose for which the entry and survey or investigation are required. 12 any evidence in proceedings for a warrant under this article must be given on oath. 13 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. 14 if either a highway authority or a street authority which receives an application for consent fails to notify network rail of its decision within 28 days of receiving the application for consent - a under paragraph (13)(a) in the case of a highway authority; or b under paragraph (13)(b) in the case of a street authority, that authority is deemed to have granted consent. 15 network rail 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 (determination of questions of disputed compensation) of the 1961 act. 16 paragraphs (1) to (15) apply in relation to crown land, however a person may only exercise the power conferred by paragraph (1) in relation to crown land if the person has the permission of the appropriate authority. 17 in this article, "crown land" and "the appropriate authority" have the meaning given in section 293 (preliminary definitions) of the 1990 act. part 3 acquisition and possession of land powers of acquisition power to acquire land 18 1 network rail may acquire compulsorily - a so much of the land shown on the deposited plans within the limits of deviation and described in the book of reference as may be required for the purposes of the authorised works; and b so much of the land specified in columns (1) and (2) of schedule 2 (acquisition of land for ancillary works) (being land shown on the deposited plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that schedule, and may use any land so acquired for those purposes, or for any other purposes that are ancillary to its railway undertaking. 2 this article is subject to paragraph (3) of article 21 (power to acquire new rights) and paragraph (8) of article 24 (temporary use of land for construction of works). application of part 1 of the 1965 act 19 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 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) for "section 23 of the acquisition of land act 1981 (application to the high court in respect of compulsory purchase order), the three year period mentioned in section 4", substitute "section 22 of the transport and works act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 28 (time limit for exercise of powers of acquisition) of the network rail (werrington grade separation) order 2018 ". 5 in section 11(1b) (powers of entry) in a case where the notice to treat relates only to the acquisition of an easement or other right over land, for "3 months" substitute "1 month". 6 in section 11a (powers of entry: further notices of entry) - a in subsection (1)(a), after "land" insert "under that provision"; b in subsection (2), after "land" insert "under that provision". 7 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 28 of the network rail (werrington grade separation) order 2018 ". 8 in schedule 2a (counter-notice requiring purchase of land not in notice to treat) - a for paragraphs 1(2) and 14(2) substitute - 2 but see article 22(3) (power to acquire subsoil or air-space only) of the network rail (werrington grade separation) order 2018, which excludes acquisition of subsoil or air-space only from this schedule. ; and b after paragraph 29 insert - part 4 interpretation 30 in this schedule, references to entering on and taking possession of land do not include doing so under articles 24 (temporary use of land for construction of works) and 25 (temporary use of land for maintenance of works) of the network rail (werrington grade separation) order 2018. application of the 1981 act 20 1 the 1981 act applies as if this order were a compulsory purchase order. 2 the 1981 act, as applied by paragraph (1), has effect with the following modifications. 3 in section 5 (earliest date for execution of declaration), in subsection (2), omit the words from ", and this subsection" to the end. 4 omit section 5a (time limit for general vesting declaration). 5 in section 5b(1) (extension of time limit during challenge) for "section 23 of the acquisition of land act 1981 (application to high court in respect of compulsory purchase order), the three year period mentioned in section 5a" substitute "section 22 of the transport and works act 1992 (validity of orders under section 1 or 3), the five year period mentioned in article 28 of the network rail (werrington grade separation) order 2018". 6 in section 6 (notices after execution of general vesting declaration), in subsection (1)(b), for "section 15 of, or paragraph 6 of schedule 1 to, the acquisition of land act 1981" substitute "section 14a of the transport and works act 1992". 7 in section 7 (constructive notice to treat), in subsection (1)(a), omit "(as modified by section 4 of the acquisition of land act 1981)". 8 in schedule a1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute - 2 but see article 22(3) (power to acquire subsoil or air-space only) of the network rail (werrington grade separation) order 2018, which excludes acquisition of subsoil or air-space only from this schedule. 9 references to the 1965 act are to be construed as references to that act as applied to the acquisition of land under article 18 (power to acquire land). power to acquire new rights 21 1 subject to paragraph (3) network rail may acquire compulsorily such easements or other rights over any land which it is authorised to acquire under article 18 (power to acquire land) as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence. 2 network rail may impose restrictive covenants affecting any part of the order land which lies beneath or adjoins, or will on completion of the authorised works lie beneath or adjoin, any bridge or viaduct or tunnel comprised in works nos. 2, 3, 6 and 8 as may be required for the purpose of protecting the authorised works. 3 in the case of the order land specified in column (1) of schedule 8 (land in which only new rights etc. may be acquired) network rail may compulsorily acquire such new rights as may be required for the purpose specified in relation to that land in column (2) of that schedule. 4 subject to schedule 2a to the 1965 act (as substituted by paragraph 5(8) of schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights)) where network rail acquires a right over land under paragraphs (1) or (3) network rail is not required to acquire a greater interest in that land. 5 schedule 9 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant. 6 in any case where the acquisition of new rights under paragraph (1) or (3) or the imposition of restrictive covenants under paragraph (2) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker network rail may, with the consent of the secretary of state, transfer the power to acquire such rights or impose such covenants to the statutory undertaker in question. 7 the exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (6) is subject to the same restrictions, liabilities and obligations as would apply under this order if that power were exercised by network rail. power to acquire subsoil or air-space only 22 1 network rail may acquire compulsorily so much of, or such rights in, the subsoil of or the air-space over the land referred to in paragraph (1)(a) or (b) of article 18 (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 network rail acquires any part of, or rights in, the subsoil of or the air-space over land under paragraph (1), network rail is not required to acquire an interest in any other part of the land. 3 the following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or air-space only - a schedule 2a (counter-notice requiring purchase of land not in notice to treat) to the 1965 act; b schedule a1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 act; and c section 153(4a) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 act. 4 paragraphs (2) and (3) are to be disregarded where network rail acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or air-space above a house, building or manufactory. rights under or over streets 23 1 network rail may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the order limits as may be required for the purposes of the authorised works and may use the subsoil or air-space for those purposes or any other purpose ancillary to its railway undertaking. 2 subject to paragraph (4), network rail may exercise any power conferred by paragraph (1) in relation to a street without network rail being required to acquire any part of the street or any easement or right in the street. 3 paragraph (2) does not apply in relation to - a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 4 subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without network rail 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 case of dispute, under part 1 of the 1961 act. 5 compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (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 use of land for construction of works 24 1 network rail may, in connection with the carrying out of the authorised works - a enter on and take temporary possession of - i the land specified in columns (1) and (2) of schedule 10 (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 specified in column (4) of that schedule; and ii subject to paragraph (11), any other order land 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 rights only) and no declaration has been made under section 4 of the 1981 act; b remove any buildings and vegetation from that land; c construct temporary works (including the provision of means of access) and buildings on that land; and d construct any permanent works specified in relation to that land in column (3) of schedule 10 or any mitigation works on that land. 2 not less than 28 days before entering on and taking temporary possession of land under this article network rail must serve notice of the intended entry on the owners and occupiers of the land. 3 network rail may not, without the agreement of the owners of the land, remain in possession of any land under this article - a in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the work specified in relation to that land in column (4) of schedule 10; or b in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of this land was taken unless network rail 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 1981 act. 4 before giving up possession of land of which temporary possession has been taken under this article, network rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but network rail is not be required to - a replace a building removed under this article; b restore the land on which any works have been constructed under paragraph (1)(d); or c remove any ground strengthening works which have been placed in that land to facilitate construction of the authorised works. 5 network rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article. 6 any dispute as to a person's entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under part 1 of the 1961 act. 7 without affecting article 39 (no double recovery), nothing in this article affects any liability to pay compensation under section 10(2) (further provision as to compensation for injurious affection) of the 1965 act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5). 8 the powers of compulsory acquisition of land conferred by this order do not apply in relation to the land referred to in paragraph (1)(a)(i) except that network rail is not precluded from - a acquiring new rights or imposing restrictive covenants over any part of that land under article 21 (power to acquire new rights); or b acquiring any part of the subsoil of or air-space over (or rights in the subsoil of or air-space over) that land under article 22 (power to acquire subsoil or air-space only). 9 where network rail takes possession of land under this article, network rail 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 use of land under this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of article 19 (application of part 1 of the 1965 act). 11 paragraph (1)(a)(ii) does not authorise network rail to take temporary possession of any land which it is not authorised to acquire under article 18 (power to acquire land) or any land specified in schedule 8 (land in which only new rights etc. may be acquired). temporary use of land for maintenance of works 25 1 subject to paragraph (2), at any time during the maintenance period relating to any of the scheduled works, network rail may - a enter upon and take temporary possession of any order land if such possession is reasonably required for the purpose of maintaining the work or any ancillary works connected with it; 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 network rail 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 network rail must serve notice of the intended entry on the owners and occupiers or the land. 4 network rail may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of 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, network rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 6 network rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article. 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 39 (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). 9 where network rail takes possession of land under this article, it is not required to acquire the land or any interest in it. 10 section 13 (refusal to give possession to the acquiring authority) of the 1965 act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of article 19 (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 26 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 a view to 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. extinction or suspension of private rights of way 27 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 network rail, whether compulsorily or by agreement; or b on the date of entry on the land by network rail under section 11(1) (powers of entry) of the 1965 act, whichever is the sooner. 2 subject to paragraph (6), all private rights of way over land owned by network rail 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 network rail . 3 subject to the provisions of this article, all private rights of way over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant - a as from the date of the acquisition of the right or the benefit of the restrictive covenant by network rail, whether compulsorily or by agreement; or b on the date of entry on the land by network rail under section 11(1) of the 1965 act, whichever is the sooner. 4 subject to paragraph (6), all private rights of way over land of which network rail takes temporary possession under this order are suspended and unenforceable for as long as network rail remains in lawful possession of the land. 5 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. 6 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.) or paragraph 2 of schedule 11 (provisions relating to statutory undertakers etc.) applies. 7 paragraphs (1), (2), (3) and (4) have effect subject to - a any notice given by network rail before - i completion of the acquisition of; ii network rail's appropriation of; iii network rail's entry onto; or iv network rail'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 made between network rail and the person in or to whom the right of way in question is vested or belongs which makes reference to this article; whether that agreement was made before or after any of the events mentioned in sub-paragraph (a), or before or after the coming into force of this order. 8 if any such agreement as is mentioned in sub-paragraph (7)(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 28 1 after the end of the period of 5 years beginning on 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 19 (application of part 1 of the 1965 act); and b no declaration is to be executed under section 4 (execution of declaration) of the 1981 act as applied by article 20 (application of the 1981 act). 2 the powers conferred by article 24 (temporary use of land for construction of works) cease at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents network rail remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. part 4 miscellaneous and general defence to proceedings in respect of statutory nuisance 29 1 where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) 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 is to be made, and no fine may be imposed, under section 82(2) of that act if - a the defendant shows that the nuisance - i relates to premises used by network rail for the purposes of or in connection with the exercise of the 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 in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site), of the control of pollution act 1974 ; or ii 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 and section 65(8) of that act (corresponding provision in relation to consent for registered noise level to be exceeded), do not apply where the consent relates to the use of premises by network rail for the purposes of or in connection with the exercise of the powers conferred by this order with respect to works. power to lop trees overhanging the authorised works 30 1 network rail may fell or lop any tree 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 passengers or other persons using the authorised works. 2 in exercising the powers conferred by paragraph (1), network rail 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. power to operate and use railway 31 1 network rail may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods. 2 nothing in this order, or in any enactment incorporated with or applied by this order, affects the operation of part 1 (the provision of railway services) of the railways act 1993 . planning permission 32 planning permission which is deemed by a direction under section 90(2a) 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) of that act (cases in which land is to be treated as operational land for the purposes of that act). obstruction of construction of authorised works 33 any person who, without reasonable excuse - a obstructs any person acting under the authority of network rail in setting out the lines of the scheduled works or in constructing any authorised work; or b interferes with, moves or removes any apparatus belonging to any person acting under the authority of network rail, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. disclosure of confidential information 34 a person who - a enters a factory, workshop or workplace in pursuance of the provisions of article 17 (power to survey and investigate land); 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 the 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. statutory undertakers etc. 35 the provisions of schedule 11 (provisions relating to statutory undertakers etc.) have effect. certification of plans etc. 36 network rail must, as soon as practicable after the making of this order, submit copies of the book of reference, the deposited sections and the deposited plans to the secretary of state for certification that they are, respectively, true copies of the book of reference, the deposited sections and the deposited 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. service of notices 37 1 a notice or other document required or authorised to be served for the purposes of this order may be served - a by post; or b with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission. 2 where the person on whom a notice or other document to be served for the purposes of this order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 for the purposes of section 7 (references to service by post) of the interpretation act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise - a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and b in any other case, the last known address of that person at the time of service. 4 where for the purposes of this order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by - a addressing it to that person by name or by the description of "owner", or as the case may be "occupier", of the land (describing it); and b either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 where a notice or other document required to be served or sent for the purposes of this order is served or sent by electronic transmission the requirement is taken to be fulfilled where the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission either in writing or by electronic transmission. 6 where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or 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. protection of interests 38 schedule 12 (protective provisions) has effect. no double recovery 39 compensation is not payable in respect of the same matter both under this order and under any other enactment, any contract or any rule of law. arbitration 40 any difference under any provision of this order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the president of the institution of civil engineers. signed by the authority of the secretary of state natasha kopala head of the transport and works act orders unit department for transport 3rd august 2018

citation and commencement 1 these regulations may be cited as the local authorities (mayoral elections) (england and wales) (amendment) regulations 2018 and come into force on the day after the day on which they are made. amendment of the local authorities (mayoral elections) (england and wales) regulations 2007 2 in table 3 (the representation of the people act 2000) of schedule 2 (modifications of acts and statutory instrument) to the local authorities (mayoral elections) (england and wales) regulations 2007 before the entry relating to schedule 4 (absent voting in great britain) insert - section 10 (pilot schemes for local elections in england and wales) in subsection (2), for "representation of the people acts" substitute "local government act 2000". in subsection (7), in paragraph (a) for "representation of the people acts" substitute "local government act 2000". section 11 (revision of procedures in the light of pilot schemes) in subsection (6) for "rules made under section 36 of the 1983 act (local election in england and wales)" substitute "regulations made under section 9he or 44 (power to make provision about elections) of the local government act 2000". . david lidington minister for the cabinet office cabinet office 9th january 2018

citation, commencement and interpretation 1 1 these regulations may be cited as the higher education (access and participation plans) (england) regulations 2018 and shall come into force on the day after the day on which they are made. 2 in these regulations - "a plan" means an access and participation plan within the meaning of section 29(2) of the higher education and research act 2017; "the review body" means a person or panel of persons appointed by the secretary of state in accordance with regulation 6(6). content of plans 2 1 a plan relating to an institution must set out the objectives of the institution, determined by its governing body, relating to the promotion of equality of opportunity . 2 a plan relating to an institution must include provisions requiring the governing body of the institution to do the following - a to take, or secure the taking of, the measures set out in the plan to attract an increased proportion of its total number of applications from prospective students who are members of groups which, at the time when the plan is approved, are under-represented in that institution or in higher education ; b to take, or secure the taking of, the measures set out in the plan to support successful participation in higher education by specified prospective students and students; c to provide, or secure the provision of, the bursaries and other forms of financial assistance set out in the plan to students undertaking a higher education course at the institution; d to make the arrangements set out in the plan to make available to students undertaking a higher education course at the institution and prospective students wishing to undertake such a course information about financial assistance available to them from any source; e to make the arrangements set out in the plan to make available to prospective students, before they commit themselves to undertake a higher education course at the institution, information about the aggregate amount of fees that the institution will charge for the completion of that course; f to monitor and evaluate, in the manner set out in the plan - i its compliance with the provisions of the plan; and ii its progress in achieving the objectives set out in the plan by virtue of paragraph (1); and g to provide the ofs with such information as it may reasonably require from time to time regarding the contribution that the institution has made towards furthering equality of opportunity. 3 the measures referred to in paragraph (2)(b) may include the provision of appropriate assistance to students during higher education courses regarding the educational, employment or other opportunities that may be available during or after completion of those courses. 4 in paragraph (2)(b) "specified prospective students and students" are prospective students and students who are members of groups which, at the time when the plan is approved, are under-represented amongst those who - a complete higher education courses at that institution or at registered higher education providers; or b otherwise participate successfully, in the view of the ofs, in higher education provided by that institution or by registered higher education providers. approval of plans 3 1 in deciding whether to approve a plan, in addition to any other matters it considers appropriate, the ofs must have regard to - a whether the governing body of the institution provided its students with an opportunity to express their views about the content of the plan before it was submitted for approval; and b if it provided such an opportunity and received views from its students in response, what steps were taken subsequently by the governing body in relation to the plan. 2 where the governing body of an institution applies to the ofs for approval of a proposed plan - a the ofs must inform the governing body within a reasonable time whether it approves the plan or whether it is minded not to approve the plan, giving reasons in the latter case; b where the ofs informs the governing body under sub-paragraph (a) that it is minded not to approve the plan, the governing body may, within a reasonable time, do either or both of the following - i make representations as to why the ofs should approve the plan, ii modify the plan and resubmit it to the ofs; c where the governing body acts in accordance with sub-paragraph (b), the ofs must, within a reasonable time, consider the representations or modifications to the plan (or both) and, having considered them, inform the governing body whether or not it approves the plan; d where the governing body does not act in accordance with sub-paragraph (b), the ofs must, within a reasonable time, inform the governing body whether or not it approves the plan. 3 where the ofs has approved a plan, the governing body of the institution must publish it in a manner which makes it conveniently accessible to students and prospective students. variation of plans 4 1 the governing body of an institution may, at any time after a plan relating to it has been approved, apply to the ofs for approval of a variation of that plan. 2 where the governing body does so, regulation 3 applies, as if in that regulation all occurrences of the word "plan" were substituted by "variation of a plan". 3 a variation of a plan takes effect only if approved by the ofs. duration of plans 5 the maximum period of time during which a plan may be in force is five years. review of decisions 6 1 any of the following decisions of the ofs has effect in the first instance as a provisional decision for the purpose of these regulations - a whether to approve or not to approve a plan under regulation 3(2); b whether to approve or not to approve a variation of a plan under regulation 4. 2 the governing body of an institution affected by a provisional decision may apply to the review body for a review of that decision. 3 a provisional decision becomes final if the governing body - a informs the ofs that it accepts the provisional decision; or b does not apply for a review within 28 days beginning with the date of the provisional decision. 4 where the governing body applies for a review of a provisional decision - a the review body must complete the review within a reasonable time and may issue a recommendation upon completion of the review; b the ofs must reconsider its provisional decision having regard to any such recommendation and must issue a final decision within a reasonable time. 5 the grounds on which the governing body may apply for a review are that the governing body - a presents a material factor for consideration which for good reason it had not previously drawn to the attention of the ofs; b considers that the ofs had disregarded a material factor which it should have considered; or c considers that the provisional decision is disproportionate in view of all the relevant facts which were considered by the ofs. 6 the secretary of state must appoint a person or a panel of persons to review provisional decisions. 7 in doing so the secretary of state must act in accordance with the principles set out in the governance code on public appointments issued by the minister for the cabinet office in december 2016. 8 the secretary of state may pay remuneration and allowances to any person appointed under paragraph (6). sam gyimah minister of state department for education 5th april 2018

citation and commencement 1 this order may be cited as the rent officers (housing benefit and universal credit functions) (amendment) order 2018 and comes into force on 25th january 2019. amendment of the rent officers (housing benefit functions) order 1997 2 1 schedule 3b (broad rental market area determinations and local housing allowance determinations) of the rent officers (housing benefit functions) order 1997 is amended as follows. 2 in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) - a in sub-paragraph (2b)(a) for "lower of the amounts set out in sub-paragraph (3a)(a) and (b)" substitute "lowest of the amounts set out in sub-paragraph (3a)(a), (b) and (c)"; b in sub-paragraph (3a) - i after paragraph (a) omit "and"; ii for the table in paragraph (b) substitute - 1. category of dwelling as defined in the following paragraphs of this schedule 2. maximum local housing allowance for that category of dwelling paragraph (1)(1)(a) (one bedroom, shared accommodation) 276.51 paragraph (1)(1)(b) (one bedroom, exclusive use) 276.51 paragraph 1(1)(c) (two bedrooms) 320.74 paragraph 1(1)(d) (three bedrooms) 376.04 paragraph 1(1)(e) (four bedrooms) 442.42 iii after paragraph (b) insert- ; and the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8). . 3 for the table in paragraph 5a substitute - 1. broad rental market area 2. category of dwelling as defined in the following paragraphs of this schedule ashford paragraph 1(1)(a) (one bedroom, shared accommodation) ashford paragraph 1(1)(b) (one bedroom, exclusive use) ashford paragraph 1(1)(c) (two bedrooms) ashford paragraph 1(1)(d) (three bedrooms) ashford paragraph 1(1)(e) (four bedrooms) aylesbury paragraph 1(1)(b) (one bedroom, exclusive use) aylesbury paragraph 1(1)(c) (two bedrooms) aylesbury paragraph 1(1)(d) (three bedrooms) basingstoke paragraph 1(1)(c) (two bedrooms) basingstoke paragraph 1(1)(d) (three bedrooms) bath paragraph 1(1)(b) (one bedroom, exclusive use) bath paragraph 1(1)(c) (two bedrooms) bath paragraph 1(1)(d) (three bedrooms) bath paragraph 1(1)(e) (four bedrooms) bedford paragraph 1(1)(a) (one bedroom, shared accommodation) bedford paragraph 1(1)(b) (one bedroom, exclusive use) bedford paragraph 1(1)(c) (two bedrooms) bedford paragraph 1(1)(d) (three bedrooms) bedford paragraph 1(1)(e) (four bedrooms) birmingham paragraph 1(1)(b) (one bedroom, exclusive use) birmingham paragraph 1(1)(c) (two bedrooms) birmingham paragraph 1(1)(d) (three bedrooms) black country paragraph 1(1)(d) (three bedrooms) blackwater valley paragraph 1(1)(b) (one bedroom, exclusive use) blaenau gwent paragraph 1(1)(a) (one bedroom, shared accommodation) bolton and bury paragraph 1(1)(a) (one bedroom, shared accommodation) bolton and bury paragraph 1(1)(d) (three bedrooms) bolton and bury paragraph 1(1)(e) (four bedrooms) bournemouth paragraph 1(1)(c) (two bedrooms) bournemouth paragraph 1(1)(d) (three bedrooms) bradford & south dales paragraph 1(1)(a) (one bedroom, shared accommodation) brecon and radnor paragraph 1(1)(a) (one bedroom, shared accommodation) brighton and hove paragraph 1(1)(b) (one bedroom, exclusive use) brighton and hove paragraph 1(1)(c) (two bedrooms) brighton and hove paragraph 1(1)(d) (three bedrooms) brighton and hove paragraph 1(1)(e) (four bedrooms) bristol paragraph 1(1)(a) (one bedroom, shared accommodation) bristol paragraph 1(1)(b) (one bedroom, exclusive use) bristol paragraph 1(1)(c) (two bedrooms) bristol paragraph 1(1)(d) (three bedrooms) bristol paragraph 1(1)(e) (four bedrooms) bury st edmunds paragraph 1(1)(c) (two bedrooms) bury st edmunds paragraph 1(1)(d) (three bedrooms) caerphilly paragraph 1(1)(a) (one bedroom, shared accommodation) cambridge paragraph 1(1)(b) (one bedroom, exclusive use) cambridge paragraph 1(1)(c) (two bedrooms) cambridge paragraph 1(1)(d) (three bedrooms) cambridge paragraph 1(1)(e) (four bedrooms) canterbury paragraph 1(1)(a) (one bedroom, shared accommodation) canterbury paragraph 1(1)(c) (two bedrooms) canterbury paragraph 1(1)(d) (three bedrooms) carmarthenshire paragraph 1(1)(a) (one bedroom, shared accommodation) central greater manchester paragraph 1(1)(b) (one bedroom, exclusive use) central greater manchester paragraph 1(1)(c) (two bedrooms) central greater manchester paragraph 1(1)(d) (three bedrooms) central lancs paragraph 1(1)(a) (one bedroom, shared accommodation) central london paragraph 1(1)(b) (one bedroom, exclusive use) central london paragraph 1(1)(c) (two bedrooms) central london paragraph 1(1)(d) (three bedrooms) central london paragraph 1(1)(e) (four bedrooms) central norfolk & norwich paragraph 1(1)(b) (one bedroom, exclusive use) central norfolk & norwich paragraph 1(1)(c) (two bedrooms) central norfolk & norwich paragraph 1(1)(d) (three bedrooms) chelmsford paragraph 1(1)(a) (one bedroom, shared accommodation) chelmsford paragraph 1(1)(b) (one bedroom, exclusive use) chelmsford paragraph 1(1)(c) (two bedrooms) chelmsford paragraph 1(1)(d) (three bedrooms) chelmsford paragraph 1(1)(e) (four bedrooms) cherwell valley paragraph 1(1)(b) (one bedroom, exclusive use) cherwell valley paragraph 1(1)(d) (three bedrooms) chichester paragraph 1(1)(a) (one bedroom, shared accommodation) chichester paragraph 1(1)(d) (three bedrooms) chilterns paragraph 1(1)(a) (one bedroom, shared accommodation) chilterns paragraph 1(1)(b) (one bedroom, exclusive use) chilterns paragraph 1(1)(c) (two bedrooms) chilterns paragraph 1(1)(d) (three bedrooms) colchester paragraph 1(1)(b) (one bedroom, exclusive use) colchester paragraph 1(1)(c) (two bedrooms) colchester paragraph 1(1)(d) (three bedrooms) colchester paragraph 1(1)(e) (four bedrooms) coventry paragraph 1(1)(a) (one bedroom, shared accommodation) coventry paragraph 1(1)(c) (two bedrooms) coventry paragraph 1(1)(d) (three bedrooms) coventry paragraph 1(1)(e) (four bedrooms) crawley & reigate paragraph 1(1)(a) (one bedroom, shared accommodation) crawley & reigate paragraph 1(1)(b) (one bedroom, exclusive use) crawley & reigate paragraph 1(1)(c) (two bedrooms) crawley & reigate paragraph 1(1)(d) (three bedrooms) crawley & reigate paragraph 1(1)(e) (four bedrooms) darlington paragraph 1(1)(a) (one bedroom, shared accommodation) dover-shepway paragraph 1(1)(a) (one bedroom, shared accommodation) dover-shepway paragraph 1(1)(b) (one bedroom, exclusive use) east cheshire paragraph 1(1)(a) (one bedroom, shared accommodation) east thames valley paragraph 1(1)(a) (one bedroom, shared accommodation) east thames valley paragraph 1(1)(b) (one bedroom, exclusive use) east thames valley paragraph 1(1)(c) (two bedrooms) east thames valley paragraph 1(1)(d) (three bedrooms) eastbourne paragraph 1(1)(a) (one bedroom, shared accommodation) eastbourne paragraph 1(1)(b) (one bedroom, exclusive use) eastbourne paragraph 1(1)(c) (two bedrooms) eastbourne paragraph 1(1)(d) (three bedrooms) eastern staffordshire paragraph 1(1)(b) (one bedroom, exclusive use) flintshire paragraph 1(1)(a) (one bedroom, shared accommodation) gloucester paragraph 1(1)(a) (one bedroom, shared accommodation) gloucester paragraph 1(1)(c) (two bedrooms) gloucester paragraph 1(1)(d) (three bedrooms) gloucester paragraph 1(1)(e) (four bedrooms) grantham & newark paragraph 1(1)(a) (one bedroom, shared accommodation) grantham & newark paragraph 1(1)(b) (one bedroom, exclusive use) guildford paragraph 1(1)(a) (one bedroom, shared accommodation) guildford paragraph 1(1)(b) (one bedroom, exclusive use) guildford paragraph 1(1)(e) (four bedrooms) harlow & stortford paragraph 1(1)(a) (one bedroom, shared accommodation) harlow & stortford paragraph 1(1)(b) (one bedroom, exclusive use) harlow & stortford paragraph 1(1)(c) (two bedrooms) harlow & stortford paragraph 1(1)(d) (three bedrooms) herefordshire paragraph 1(1)(a) (one bedroom, shared accommodation) herefordshire paragraph 1(1)(e) (four bedrooms) high weald paragraph 1(1)(a) (one bedroom, shared accommodation) high weald paragraph 1(1)(b) (one bedroom, exclusive use) high weald paragraph 1(1)(c) (two bedrooms) huntingdon paragraph 1(1)(b) (one bedroom, exclusive use) huntingdon paragraph 1(1)(c) (two bedrooms) huntingdon paragraph 1(1)(d) (three bedrooms) huntingdon paragraph 1(1)(e) (four bedrooms) inner east london paragraph 1(1)(a) (one bedroom, shared accommodation) inner east london paragraph 1(1)(b) (one bedroom, exclusive use) inner east london paragraph 1(1)(c) (two bedrooms) inner east london paragraph 1(1)(d) (three bedrooms) inner east london paragraph 1(1)(e) (four bedrooms) inner north london paragraph 1(1)(a) (one bedroom, shared accommodation) inner north london paragraph 1(1)(b) (one bedroom, exclusive use) inner north london paragraph 1(1)(c) (two bedrooms) inner north london paragraph 1(1)(d) (three bedrooms) inner north london paragraph 1(1)(e) (four bedrooms) inner south east london paragraph 1(1)(b) (one bedroom, exclusive use) inner south east london paragraph 1(1)(c) (two bedrooms) inner south east london paragraph 1(1)(d) (three bedrooms) inner south east london paragraph 1(1)(e) (four bedrooms) inner south west london paragraph 1(1)(a) (one bedroom, shared accommodation) inner south west london paragraph 1(1)(b) (one bedroom, exclusive use) inner south west london paragraph 1(1)(c) (two bedrooms) inner south west london paragraph 1(1)(d) (three bedrooms) inner south west london paragraph 1(1)(e) (four bedrooms) inner west london paragraph 1(1)(a) (one bedroom, shared accommodation) inner west london paragraph 1(1)(c) (two bedrooms) inner west london paragraph 1(1)(d) (three bedrooms) inner west london paragraph 1(1)(e) (four bedrooms) ipswich paragraph 1(1)(a) (one bedroom, shared accommodation) ipswich paragraph 1(1)(b) (one bedroom, exclusive use) ipswich paragraph 1(1)(c) (two bedrooms) ipswich paragraph 1(1)(d) (three bedrooms) ipswich paragraph 1(1)(e) (four bedrooms) kendal paragraph 1(1)(c) (two bedrooms) kendal paragraph 1(1)(d) (three bedrooms) kernow west paragraph 1(1)(a) (one bedroom, shared accommodation) kings lynn paragraph 1(1)(c) (two bedrooms) kings lynn paragraph 1(1)(d) (three bedrooms) kings lynn paragraph 1(1)(e) (four bedrooms) lancaster paragraph 1(1)(a) (one bedroom, shared accommodation) leicester paragraph 1(1)(a) (one bedroom, shared accommodation) leicester paragraph 1(1)(d) (three bedrooms) lincolnshire fens paragraph 1(1)(b) (one bedroom, exclusive use) lincolnshire fens paragraph 1(1)(c) (two bedrooms) lincolnshire fens paragraph 1(1)(d) (three bedrooms) lincolnshire fens paragraph 1(1)(e) (four bedrooms) luton paragraph 1(1)(a) (one bedroom, shared accommodation) luton paragraph 1(1)(b) (one bedroom, exclusive use) luton paragraph 1(1)(c) (two bedrooms) luton paragraph 1(1)(d) (three bedrooms) luton paragraph 1(1)(e) (four bedrooms) maidstone paragraph 1(1)(a) (one bedroom, shared accommodation) maidstone paragraph 1(1)(b) (one bedroom, exclusive use) maidstone paragraph 1(1)(c) (two bedrooms) maidstone paragraph 1(1)(d) (three bedrooms) medway & swale paragraph 1(1)(b) (one bedroom, exclusive use) medway & swale paragraph 1(1)(c) (two bedrooms) medway & swale paragraph 1(1)(d) (three bedrooms) medway & swale paragraph 1(1)(e) (four bedrooms) mendip paragraph 1(1)(a) (one bedroom, shared accommodation) mendip paragraph 1(1)(e) (four bedrooms) merthyr cynon paragraph 1(1)(a) (one bedroom, shared accommodation) mid & east devon paragraph 1(1)(a) (one bedroom, shared accommodation) mid & west dorset paragraph 1(1)(a) (one bedroom, shared accommodation) mid staffs paragraph 1(1)(d) (three bedrooms) milton keynes paragraph 1(1)(b) (one bedroom, exclusive use) milton keynes paragraph 1(1)(c) (two bedrooms) milton keynes paragraph 1(1)(d) (three bedrooms) milton keynes paragraph 1(1)(e) (four bedrooms) monmouthshire paragraph 1(1)(a) (one bedroom, shared accommodation) neath port talbot paragraph 1(1)(a) (one bedroom, shared accommodation) newbury paragraph 1(1)(b) (one bedroom, exclusive use) newbury paragraph 1(1)(c) (two bedrooms) newbury paragraph 1(1)(d) (three bedrooms) newbury paragraph 1(1)(e) (four bedrooms) north cheshire paragraph 1(1)(a) (one bedroom, shared accommodation) north clwyd paragraph 1(1)(a) (one bedroom, shared accommodation) north cornwall & devon borders paragraph 1(1)(e) (four bedrooms) north devon paragraph 1(1)(a) (one bedroom, shared accommodation) north west kent paragraph 1(1)(a) (one bedroom, shared accommodation) north west kent paragraph 1(1)(b) (one bedroom, exclusive use) north west kent paragraph 1(1)(c) (two bedrooms) north west kent paragraph 1(1)(d) (three bedrooms) north west kent paragraph 1(1)(e) (four bedrooms) north west london paragraph 1(1)(a) (one bedroom, shared accommodation) north west london paragraph 1(1)(b) (one bedroom, exclusive use) north west london paragraph 1(1)(c) (two bedrooms) north west london paragraph 1(1)(d) (three bedrooms) north west wales paragraph 1(1)(a) (one bedroom, shared accommodation) northampton paragraph 1(1)(a) (one bedroom, shared accommodation) northampton paragraph 1(1)(b) (one bedroom, exclusive use) northampton paragraph 1(1)(c) (two bedrooms) northampton paragraph 1(1)(d) (three bedrooms) northampton paragraph 1(1)(e) (four bedrooms) northants central paragraph 1(1)(a) (one bedroom, shared accommodation) northants central paragraph 1(1)(b) (one bedroom, exclusive use) northants central paragraph 1(1)(c) (two bedrooms) northants central paragraph 1(1)(d) (three bedrooms) northants central paragraph 1(1)(e) (four bedrooms) northumberland paragraph 1(1)(a) (one bedroom, shared accommodation) nottingham paragraph 1(1)(d) (three bedrooms) nottingham paragraph 1(1)(e) (four bedrooms) outer east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer east london paragraph 1(1)(b) (one bedroom, exclusive use) outer east london paragraph 1(1)(c) (two bedrooms) outer east london paragraph 1(1)(d) (three bedrooms) outer east london paragraph 1(1)(e) (four bedrooms) outer north east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer north east london paragraph 1(1)(b) (one bedroom, exclusive use) outer north east london paragraph 1(1)(c) (two bedrooms) outer north east london paragraph 1(1)(d) (three bedrooms) outer north east london paragraph 1(1)(e) (four bedrooms) outer north london paragraph 1(1)(b) (one bedroom, exclusive use) outer north london paragraph 1(1)(c) (two bedrooms) outer north london paragraph 1(1)(d) (three bedrooms) outer south east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer south east london paragraph 1(1)(b) (one bedroom, exclusive use) outer south east london paragraph 1(1)(c) (two bedrooms) outer south east london paragraph 1(1)(d) (three bedrooms) outer south east london paragraph 1(1)(e) (four bedrooms) outer south london paragraph 1(1)(b) (one bedroom, exclusive use) outer south london paragraph 1(1)(c) (two bedrooms) outer south london paragraph 1(1)(e) (four bedrooms) outer south west london paragraph 1(1)(a) (one bedroom, shared accommodation) outer south west london paragraph 1(1)(b) (one bedroom, exclusive use) outer west london paragraph 1(1)(a) (one bedroom, shared accommodation) outer west london paragraph 1(1)(b) (one bedroom, exclusive use) outer west london paragraph 1(1)(c) (two bedrooms) outer west london paragraph 1(1)(e) (four bedrooms) oxford paragraph 1(1)(a) (one bedroom, shared accommodation) oxford paragraph 1(1)(b) (one bedroom, exclusive use) pembrokeshire paragraph 1(1)(a) (one bedroom, shared accommodation) peterborough paragraph 1(1)(b) (one bedroom, exclusive use) peterborough paragraph 1(1)(c) (two bedrooms) peterborough paragraph 1(1)(d) (three bedrooms) peterborough paragraph 1(1)(e) (four bedrooms) plymouth paragraph 1(1)(b) (one bedroom, exclusive use) portsmouth paragraph 1(1)(b) (one bedroom, exclusive use) portsmouth paragraph 1(1)(c) (two bedrooms) portsmouth paragraph 1(1)(d) (three bedrooms) reading paragraph 1(1)(b) (one bedroom, exclusive use) reading paragraph 1(1)(c) (two bedrooms) reading paragraph 1(1)(d) (three bedrooms) rotherham paragraph 1(1)(a) (one bedroom, shared accommodation) rugby & east paragraph 1(1)(a) (one bedroom, shared accommodation) rugby & east paragraph 1(1)(b) (one bedroom, exclusive use) rugby & east paragraph 1(1)(c) (two bedrooms) rugby & east paragraph 1(1)(d) (three bedrooms) rugby & east paragraph 1(1)(e) (four bedrooms) salisbury paragraph 1(1)(a) (one bedroom, shared accommodation) salisbury paragraph 1(1)(b) (one bedroom, exclusive use) scarborough paragraph 1(1)(a) (one bedroom, shared accommodation) solihull paragraph 1(1)(a) (one bedroom, shared accommodation) south cheshire paragraph 1(1)(a) (one bedroom, shared accommodation) south east herts paragraph 1(1)(b) (one bedroom, exclusive use) south east herts paragraph 1(1)(c) (two bedrooms) south east herts paragraph 1(1)(d) (three bedrooms) south gwynedd paragraph 1(1)(a) (one bedroom, shared accommodation) south west essex paragraph 1(1)(a) (one bedroom, shared accommodation) south west essex paragraph 1(1)(b) (one bedroom, exclusive use) south west essex paragraph 1(1)(c) (two bedrooms) south west essex paragraph 1(1)(d) (three bedrooms) south west herts paragraph 1(1)(a) (one bedroom, shared accommodation) south west herts paragraph 1(1)(b) (one bedroom, exclusive use) south west herts paragraph 1(1)(c) (two bedrooms) south west herts paragraph 1(1)(d) (three bedrooms) southampton paragraph 1(1)(b) (one bedroom, exclusive use) southampton paragraph 1(1)(c) (two bedrooms) southampton paragraph 1(1)(d) (three bedrooms) southend paragraph 1(1)(b) (one bedroom, exclusive use) southend paragraph 1(1)(c) (two bedrooms) southend paragraph 1(1)(d) (three bedrooms) southend paragraph 1(1)(e) (four bedrooms) southern greater manchester paragraph 1(1)(a) (one bedroom, shared accommodation) southern greater manchester paragraph 1(1)(b) (one bedroom, exclusive use) southern greater manchester paragraph 1(1)(c) (two bedrooms) southern greater manchester paragraph 1(1)(d) (three bedrooms) southern greater manchester paragraph 1(1)(e) (four bedrooms) staffordshire north paragraph 1(1)(a) (one bedroom, shared accommodation) staffordshire north paragraph 1(1)(e) (four bedrooms) stevenage & north herts paragraph 1(1)(b) (one bedroom, exclusive use) stevenage & north herts paragraph 1(1)(c) (two bedrooms) stevenage & north herts paragraph 1(1)(d) (three bedrooms) stevenage & north herts paragraph 1(1)(e) (four bedrooms) sunderland paragraph 1(1)(a) (one bedroom, shared accommodation) sussex east paragraph 1(1)(b) (one bedroom, exclusive use) sussex east paragraph 1(1)(c) (two bedrooms) sussex east paragraph 1(1)(d) (three bedrooms) sussex east paragraph 1(1)(e) (four bedrooms) swindon paragraph 1(1)(a) (one bedroom, shared accommodation) swindon paragraph 1(1)(b) (one bedroom, exclusive use) swindon paragraph 1(1)(c) (two bedrooms) swindon paragraph 1(1)(d) (three bedrooms) swindon paragraph 1(1)(e) (four bedrooms) taff rhondda paragraph 1(1)(a) (one bedroom, shared accommodation) taunton & west somerset paragraph 1(1)(a) (one bedroom, shared accommodation) thanet paragraph 1(1)(b) (one bedroom, exclusive use) thanet paragraph 1(1)(c) (two bedrooms) thanet paragraph 1(1)(e) (four bedrooms) torfaen paragraph 1(1)(a) (one bedroom, shared accommodation) tyneside paragraph 1(1)(a) (one bedroom, shared accommodation) vale of glamorgan paragraph 1(1)(a) (one bedroom, shared accommodation) walton paragraph 1(1)(b) (one bedroom, exclusive use) walton paragraph 1(1)(c) (two bedrooms) warwickshire south paragraph 1(1)(a) (one bedroom, shared accommodation) warwickshire south paragraph 1(1)(b) (one bedroom, exclusive use) warwickshire south paragraph 1(1)(c) (two bedrooms) warwickshire south paragraph 1(1)(d) (three bedrooms) west cumbria paragraph 1(1)(a) (one bedroom, shared accommodation) west wiltshire paragraph 1(1)(a) (one bedroom, shared accommodation) west wiltshire paragraph 1(1)(c) (two bedrooms) west wiltshire paragraph 1(1)(d) (three bedrooms) west wiltshire paragraph 1(1)(e) (four bedrooms) weston-super-mare paragraph 1(1)(c) (two bedrooms) weston-super-mare paragraph 1(1)(d) (three bedrooms) winchester paragraph 1(1)(a) (one bedroom, shared accommodation) winchester paragraph 1(1)(b) (one bedroom, exclusive use) winchester paragraph 1(1)(e) (four bedrooms) worcester south paragraph 1(1)(b) (one bedroom, exclusive use) worcester south paragraph 1(1)(e) (four bedrooms) worthing paragraph 1(1)(b) (one bedroom, exclusive use) worthing paragraph 1(1)(c) (two bedrooms) worthing paragraph 1(1)(d) (three bedrooms) worthing paragraph 1(1)(e) (four bedrooms) yeovil paragraph 1(1)(d) (three bedrooms) . amendment of the rent officers (housing benefit functions) (scotland) order 1997 3 1 schedule 3b (broad rental market area determinations and local housing allowance determinations) of the rent officers (housing benefit functions) (scotland) order 1997 is amended as follows. 2 in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) - a in sub-paragraph (2a) for "other than lothian and east dunbartonshire" substitute "not listed in column 1 of the table in paragraph 5a"; b for sub-paragraph (2b) substitute - 2b for a broad rental market area listed in column 1 of the table in paragraph 5a, the local housing allowance - a for a category of dwelling listed in the corresponding entry in column 2 of that table, is the lowest of the amounts set out in sub-paragraph (3a)(a), (b) and (c); b for a category of dwelling not so listed, is the lower of the amounts set out in sub-paragraph (3)(a) and (b). ; c omit sub-paragraph (2c); d in sub-paragraph (3) for "(2a), (2b)(b) and (2c)(b)" substitute "(2a) and (2b)(b)"; e in sub-paragraph (3a) - i omit "and (2c)(a)"; ii after paragraph (a) omit "and"; iii for the table in paragraph (b) substitute - 1. category of accommodation as defined in the following paragraphs of this schedule 2. maximum local housing allowance for that category of dwelling paragraph (1)(1)(a) (one bedroom, shared accommodation) 276.51 paragraph (1)(1)(b) (one bedroom, exclusive use) 276.51 paragraph 1(1)(c) (two bedrooms) 320.74 paragraph 1(1)(d) (three bedrooms) 376.04 paragraph 1(1)(e) (four bedrooms) 442.42 iv after paragraph (b) insert - ; and the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8). . 3 after paragraph 5 insert - 5a the table referred to in paragraph 2(2a) and (2b) is as follows - 1. broad rental market area 2. category of accomodation as defined in the following paragraphs of this schedule east dunbartonshire paragraph 1(1)(c) (two bedrooms) fife paragraph 1(1)(a) (one bedroom, shared accommodation) forth valley paragraph 1(1)(a) (one bedroom, shared accommodation) greater glasgow paragraph 1(1)(b) (one bedroom, exclusive use) greater glasgow paragraph 1(1)(c) (two bedrooms) greater glasgow paragraph 1(1)(e) (four bedrooms) highlands and islands paragraph 1(1)(a) (one bedroom, shared accommodation) lothian paragraph 1(1)(a) (one bedroom, shared accommodation) lothian paragraph 1(1)(b) (one bedroom, exclusive use) lothian paragraph 1(1)(c) (two bedrooms) lothian paragraph 1(1)(d) (three bedrooms) north lanarkshire paragraph 1(1)(a) (one bedroom, shared accommodation) scottish borders paragraph 1(1)(e) (four bedrooms) south lanarkshire paragraph 1(1)(e) (four bedrooms) west lothian paragraph 1(1)(c) (two bedrooms) west lothian paragraph 1(1)(d) (three bedrooms) . amendment of the rent officers (universal credit functions) order 2013 4 1 schedule 1 (local housing allowance determinations) of the rent officers (universal credit functions) order 2013 is amended as follows. 2 in paragraph 2 (local housing allowance for category of accommodation in paragraph 1) - a in sub-paragraph (2b)(a) for "lower of the amounts set out in sub-paragraph (3a)(a) and (b)" substitute "lowest of the amounts set out in sub-paragraph (3a)(a), (b) and (c)"; b in sub-paragraph (3a) - i after paragraph (a) omit "and"; ii for the table in paragraph (b) substitute - 1. category of dwelling as defined in the following paragraphs of this schedule 2. maximum local housing allowance for that category of dwelling paragraph (1)(1)(a) (one bedroom, shared accommodation) 1,198.20 paragraph (1)(1)(b) (one bedroom, exclusive use) 1,198.20 paragraph 1(1)(c) (two bedrooms) 1,389.91 paragraph 1(1)(d) (three bedrooms) 1,629.55 paragraph 1(1)(e) (four bedrooms) 1,917.12 iii after paragraph (b) insert- ; and the rent at the 30th percentile determined in accordance with paragraph 3. . 3 for the table in paragraph 5a, substitute - 1. broad rental market area 2. category of dwelling as defined in the following paragraphs of this schedule ashford paragraph 1(1)(a) (one bedroom, shared accommodation) ashford paragraph 1(1)(b) (one bedroom, exclusive use) ashford paragraph 1(1)(c) (two bedrooms) ashford paragraph 1(1)(d) (three bedrooms) ashford paragraph 1(1)(e) (four bedrooms) aylesbury paragraph 1(1)(b) (one bedroom, exclusive use) aylesbury paragraph 1(1)(c) (two bedrooms) aylesbury paragraph 1(1)(d) (three bedrooms) basingstoke paragraph 1(1)(c) (two bedrooms) basingstoke paragraph 1(1)(d) (three bedrooms) bath paragraph 1(1)(b) (one bedroom, exclusive use) bath paragraph 1(1)(c) (two bedrooms) bath paragraph 1(1)(d) (three bedrooms) bath paragraph 1(1)(e) (four bedrooms) bedford paragraph 1(1)(a) (one bedroom, shared accommodation) bedford paragraph 1(1)(b) (one bedroom, exclusive use) bedford paragraph 1(1)(c) (two bedrooms) bedford paragraph 1(1)(d) (three bedrooms) bedford paragraph 1(1)(e) (four bedrooms) birmingham paragraph 1(1)(b) (one bedroom, exclusive use) birmingham paragraph 1(1)(c) (two bedrooms) birmingham paragraph 1(1)(d) (three bedrooms) black country paragraph 1(1)(d) (three bedrooms) blackwater valley paragraph 1(1)(b) (one bedroom, exclusive use) blaenau gwent paragraph 1(1)(a) (one bedroom, shared accommodation) bolton and bury paragraph 1(1)(a) (one bedroom, shared accommodation) bolton and bury paragraph 1(1)(d) (three bedrooms) bolton and bury paragraph 1(1)(e) (four bedrooms) bournemouth paragraph 1(1)(c) (two bedrooms) bournemouth paragraph 1(1)(d) (three bedrooms) bradford & south dales paragraph 1(1)(a) (one bedroom, shared accommodation) brecon and radnor paragraph 1(1)(a) (one bedroom, shared accommodation) brighton and hove paragraph 1(1)(b) (one bedroom, exclusive use) brighton and hove paragraph 1(1)(c) (two bedrooms) brighton and hove paragraph 1(1)(d) (three bedrooms) brighton and hove paragraph 1(1)(e) (four bedrooms) bristol paragraph 1(1)(a) (one bedroom, shared accommodation) bristol paragraph 1(1)(b) (one bedroom, exclusive use) bristol paragraph 1(1)(c) (two bedrooms) bristol paragraph 1(1)(d) (three bedrooms) bristol paragraph 1(1)(e) (four bedrooms) bury st edmunds paragraph 1(1)(c) (two bedrooms) bury st edmunds paragraph 1(1)(d) (three bedrooms) caerphilly paragraph 1(1)(a) (one bedroom, shared accommodation) cambridge paragraph 1(1)(b) (one bedroom, exclusive use) cambridge paragraph 1(1)(c) (two bedrooms) cambridge paragraph 1(1)(d) (three bedrooms) cambridge paragraph 1(1)(e) (four bedrooms) canterbury paragraph 1(1)(a) (one bedroom, shared accommodation) canterbury paragraph 1(1)(c) (two bedrooms) canterbury paragraph 1(1)(d) (three bedrooms) carmarthenshire paragraph 1(1)(a) (one bedroom, shared accommodation) central greater manchester paragraph 1(1)(b) (one bedroom, exclusive use) central greater manchester paragraph 1(1)(c) (two bedrooms) central greater manchester paragraph 1(1)(d) (three bedrooms) central lancs paragraph 1(1)(a) (one bedroom, shared accommodation) central london paragraph 1(1)(b) (one bedroom, exclusive use) central london paragraph 1(1)(c) (two bedrooms) central london paragraph 1(1)(d) (three bedrooms) central london paragraph 1(1)(e) (four bedrooms) central norfolk & norwich paragraph 1(1)(b) (one bedroom, exclusive use) central norfolk & norwich paragraph 1(1)(c) (two bedrooms) central norfolk & norwich paragraph 1(1)(d) (three bedrooms) chelmsford paragraph 1(1)(a) (one bedroom, shared accommodation) chelmsford paragraph 1(1)(b) (one bedroom, exclusive use) chelmsford paragraph 1(1)(c) (two bedrooms) chelmsford paragraph 1(1)(d) (three bedrooms) chelmsford paragraph 1(1)(e) (four bedrooms) cherwell valley paragraph 1(1)(b) (one bedroom, exclusive use) cherwell valley paragraph 1(1)(d) (three bedrooms) chichester paragraph 1(1)(a) (one bedroom, shared accommodation) chichester paragraph 1(1)(d) (three bedrooms) chilterns paragraph 1(1)(a) (one bedroom, shared accommodation) chilterns paragraph 1(1)(b) (one bedroom, exclusive use) chilterns paragraph 1(1)(c) (two bedrooms) chilterns paragraph 1(1)(d) (three bedrooms) colchester paragraph 1(1)(b) (one bedroom, exclusive use) colchester paragraph 1(1)(c) (two bedrooms) colchester paragraph 1(1)(d) (three bedrooms) colchester paragraph 1(1)(e) (four bedrooms) coventry paragraph 1(1)(a) (one bedroom, shared accommodation) coventry paragraph 1(1)(c) (two bedrooms) coventry paragraph 1(1)(d) (three bedrooms) coventry paragraph 1(1)(e) (four bedrooms) crawley & reigate paragraph 1(1)(a) (one bedroom, shared accommodation) crawley & reigate paragraph 1(1)(b) (one bedroom, exclusive use) crawley & reigate paragraph 1(1)(c) (two bedrooms) crawley & reigate paragraph 1(1)(d) (three bedrooms) crawley & reigate paragraph 1(1)(e) (four bedrooms) darlington paragraph 1(1)(a) (one bedroom, shared accommodation) dover-shepway paragraph 1(1)(a) (one bedroom, shared accommodation) dover-shepway paragraph 1(1)(b) (one bedroom, exclusive use) east cheshire paragraph 1(1)(a) (one bedroom, shared accommodation) east dunbartonshire paragraph 1(1)(c) (two bedrooms) east thames valley paragraph 1(1)(a) (one bedroom, shared accommodation) east thames valley paragraph 1(1)(b) (one bedroom, exclusive use) east thames valley paragraph 1(1)(c) (two bedrooms) east thames valley paragraph 1(1)(d) (three bedrooms) eastbourne paragraph 1(1)(a) (one bedroom, shared accommodation) eastbourne paragraph 1(1)(b) (one bedroom, exclusive use) eastbourne paragraph 1(1)(c) (two bedrooms) eastbourne paragraph 1(1)(d) (three bedrooms) eastern staffordshire paragraph 1(1)(b) (one bedroom, exclusive use) fife paragraph 1(1)(a) (one bedroom, shared accommodation) flintshire paragraph 1(1)(a) (one bedroom, shared accommodation) forth valley paragraph 1(1)(a) (one bedroom, shared accommodation) gloucester paragraph 1(1)(a) (one bedroom, shared accommodation) gloucester paragraph 1(1)(c) (two bedrooms) gloucester paragraph 1(1)(d) (three bedrooms) gloucester paragraph 1(1)(e) (four bedrooms) grantham & newark paragraph 1(1)(a) (one bedroom, shared accommodation) grantham & newark paragraph 1(1)(b) (one bedroom, exclusive use) greater glasgow paragraph 1(1)(b) (one bedroom, exclusive use) greater glasgow paragraph 1(1)(c) (two bedrooms) greater glasgow paragraph 1(1)(e) (four bedrooms) guildford paragraph 1(1)(a) (one bedroom, shared accommodation) guildford paragraph 1(1)(b) (one bedroom, exclusive use) guildford paragraph 1(1)(e) (four bedrooms) harlow & stortford paragraph 1(1)(a) (one bedroom, shared accommodation) harlow & stortford paragraph 1(1)(b) (one bedroom, exclusive use) harlow & stortford paragraph 1(1)(c) (two bedrooms) harlow & stortford paragraph 1(1)(d) (three bedrooms) herefordshire paragraph 1(1)(a) (one bedroom, shared accommodation) herefordshire paragraph 1(1)(e) (four bedrooms) highland and islands paragraph 1(1)(a) (one bedroom, shared accommodation) high weald paragraph 1(1)(a) (one bedroom, shared accommodation) high weald paragraph 1(1)(b) (one bedroom, exclusive use) high weald paragraph 1(1)(c) (two bedrooms) huntingdon paragraph 1(1)(b) (one bedroom, exclusive use) huntingdon paragraph 1(1)(c) (two bedrooms) huntingdon paragraph 1(1)(d) (three bedrooms) huntingdon paragraph 1(1)(e) (four bedrooms) inner east london paragraph 1(1)(a) (one bedroom, shared accommodation) inner east london paragraph 1(1)(b) (one bedroom, exclusive use) inner east london paragraph 1(1)(c) (two bedrooms) inner east london paragraph 1(1)(d) (three bedrooms) inner east london paragraph 1(1)(e) (four bedrooms) inner north london paragraph 1(1)(a) (one bedroom, shared accommodation) inner north london paragraph 1(1)(b) (one bedroom, exclusive use) inner north london paragraph 1(1)(c) (two bedrooms) inner north london paragraph 1(1)(d) (three bedrooms) inner north london paragraph 1(1)(e) (four bedrooms) inner south east london paragraph 1(1)(b) (one bedroom, exclusive use) inner south east london paragraph 1(1)(c) (two bedrooms) inner south east london paragraph 1(1)(d) (three bedrooms) inner south east london paragraph 1(1)(e) (four bedrooms) inner south west london paragraph 1(1)(a) (one bedroom, shared accommodation) inner south west london paragraph 1(1)(b) (one bedroom, exclusive use) inner south west london paragraph 1(1)(c) (two bedrooms) inner south west london paragraph 1(1)(d) (three bedrooms) inner south west london paragraph 1(1)(e) (four bedrooms) inner west london paragraph 1(1)(a) (one bedroom, shared accommodation) inner west london paragraph 1(1)(c) (two bedrooms) inner west london paragraph 1(1)(d) (three bedrooms) inner west london paragraph 1(1)(e) (four bedrooms) ipswich paragraph 1(1)(a) (one bedroom, shared accommodation) ipswich paragraph 1(1)(b) (one bedroom, exclusive use) ipswich paragraph 1(1)(c) (two bedrooms) ipswich paragraph 1(1)(d) (three bedrooms) ipswich paragraph 1(1)(e) (four bedrooms) kendal paragraph 1(1)(c) (two bedrooms) kendal paragraph 1(1)(d) (three bedrooms) kernow west paragraph 1(1)(a) (one bedroom, shared accommodation) kings lynn paragraph 1(1)(c) (two bedrooms) kings lynn paragraph 1(1)(d) (three bedrooms) kings lynn paragraph 1(1)(e) (four bedrooms) lancaster paragraph 1(1)(a) (one bedroom, shared accommodation) leicester paragraph 1(1)(a) (one bedroom, shared accommodation) leicester paragraph 1(1)(d) (three bedrooms) lincolnshire fens paragraph 1(1)(b) (one bedroom, exclusive use) lincolnshire fens paragraph 1(1)(c) (two bedrooms) lincolnshire fens paragraph 1(1)(d) (three bedrooms) lincolnshire fens paragraph 1(1)(e) (four bedrooms) lothian paragraph 1(1)(a) (one bedroom, shared accommodation) lothian paragraph 1(1)(b) (one bedroom, exclusive use) lothian paragraph 1(1)(c) (two bedrooms) lothian paragraph 1(1)(d) (three bedrooms) luton paragraph 1(1)(a) (one bedroom, shared accommodation) luton paragraph 1(1)(b) (one bedroom, exclusive use) luton paragraph 1(1)(c) (two bedrooms) luton paragraph 1(1)(d) (three bedrooms) luton paragraph 1(1)(e) (four bedrooms) maidstone paragraph 1(1)(a) (one bedroom, shared accommodation) maidstone paragraph 1(1)(b) (one bedroom, exclusive use) maidstone paragraph 1(1)(c) (two bedrooms) maidstone paragraph 1(1)(d) (three bedrooms) medway & swale paragraph 1(1)(b) (one bedroom, exclusive use) medway & swale paragraph 1(1)(c) (two bedrooms) medway & swale paragraph 1(1)(d) (three bedrooms) medway & swale paragraph 1(1)(e) (four bedrooms) mendip paragraph 1(1)(a) (one bedroom, shared accommodation) mendip paragraph 1(1)(e) (four bedrooms) merthyr cynon paragraph 1(1)(a) (one bedroom, shared accommodation) mid & east devon paragraph 1(1)(a) (one bedroom, shared accommodation) mid & west dorset paragraph 1(1)(a) (one bedroom, shared accommodation) mid staffs paragraph 1(1)(d) (three bedrooms) milton keynes paragraph 1(1)(b) (one bedroom, exclusive use) milton keynes paragraph 1(1)(c) (two bedrooms) milton keynes paragraph 1(1)(d) (three bedrooms) milton keynes paragraph 1(1)(e) (four bedrooms) monmouthshire paragraph 1(1)(a) (one bedroom, shared accommodation) neath port talbot paragraph 1(1)(a) (one bedroom, shared accommodation) newbury paragraph 1(1)(b) (one bedroom, exclusive use) newbury paragraph 1(1)(c) (two bedrooms) newbury paragraph 1(1)(d) (three bedrooms) newbury paragraph 1(1)(e) (four bedrooms) north cheshire paragraph 1(1)(a) (one bedroom, shared accommodation) north clwyd paragraph 1(1)(a) (one bedroom, shared accommodation) north cornwall & devon borders paragraph 1(1)(e) (four bedrooms) north devon paragraph 1(1)(a) (one bedroom, shared accommodation) north lanarkshire paragraph 1(1)(a) (one bedroom, shared accommodation) north west kent paragraph 1(1)(a) (one bedroom, shared accommodation) north west kent paragraph 1(1)(b) (one bedroom, exclusive use) north west kent paragraph 1(1)(c) (two bedrooms) north west kent paragraph 1(1)(d) (three bedrooms) north west kent paragraph 1(1)(e) (four bedrooms) north west london paragraph 1(1)(a) (one bedroom, shared accommodation) north west london paragraph 1(1)(b) (one bedroom, exclusive use) north west london paragraph 1(1)(c) (two bedrooms) north west london paragraph 1(1)(d) (three bedrooms) north west wales paragraph 1(1)(a) (one bedroom, shared accommodation) northampton paragraph 1(1)(a) (one bedroom, shared accommodation) northampton paragraph 1(1)(b) (one bedroom, exclusive use) northampton paragraph 1(1)(c) (two bedrooms) northampton paragraph 1(1)(d) (three bedrooms) northampton paragraph 1(1)(e) (four bedrooms) northants central paragraph 1(1)(a) (one bedroom, shared accommodation) northants central paragraph 1(1)(b) (one bedroom, exclusive use) northants central paragraph 1(1)(c) (two bedrooms) northants central paragraph 1(1)(d) (three bedrooms) northants central paragraph 1(1)(e) (four bedrooms) northumberland paragraph 1(1)(a) (one bedroom, shared accommodation) nottingham paragraph 1(1)(d) (three bedrooms) nottingham paragraph 1(1)(e) (four bedrooms) outer east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer east london paragraph 1(1)(b) (one bedroom, exclusive use) outer east london paragraph 1(1)(c) (two bedrooms) outer east london paragraph 1(1)(d) (three bedrooms) outer east london paragraph 1(1)(e) (four bedrooms) outer north east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer north east london paragraph 1(1)(b) (one bedroom, exclusive use) outer north east london paragraph 1(1)(c) (two bedrooms) outer north east london paragraph 1(1)(d) (three bedrooms) outer north east london paragraph 1(1)(e) (four bedrooms) outer north london paragraph 1(1)(b) (one bedroom, exclusive use) outer north london paragraph 1(1)(c) (two bedrooms) outer north london paragraph 1(1)(d) (three bedrooms) outer south east london paragraph 1(1)(a) (one bedroom, shared accommodation) outer south east london paragraph 1(1)(b) (one bedroom, exclusive use) outer south east london paragraph 1(1)(c) (two bedrooms) outer south east london paragraph 1(1)(d) (three bedrooms) outer south east london paragraph 1(1)(e) (four bedrooms) outer south london paragraph 1(1)(b) (one bedroom, exclusive use) outer south london paragraph 1(1)(c) (two bedrooms) outer south london paragraph 1(1)(e) (four bedrooms) outer south west london paragraph 1(1)(a) (one bedroom, shared accommodation) outer south west london paragraph 1(1)(b) (one bedroom, exclusive use) outer west london paragraph 1(1)(a) (one bedroom, shared accommodation) outer west london paragraph 1(1)(b) (one bedroom, exclusive use) outer west london paragraph 1(1)(c) (two bedrooms) outer west london paragraph 1(1)(e) (four bedrooms) oxford paragraph 1(1)(a) (one bedroom, shared accommodation) oxford paragraph 1(1)(b) (one bedroom, exclusive use) pembrokeshire paragraph 1(1)(a) (one bedroom, shared accommodation) peterborough paragraph 1(1)(b) (one bedroom, exclusive use) peterborough paragraph 1(1)(c) (two bedrooms) peterborough paragraph 1(1)(d) (three bedrooms) peterborough paragraph 1(1)(e) (four bedrooms) plymouth paragraph 1(1)(b) (one bedroom, exclusive use) portsmouth paragraph 1(1)(b) (one bedroom, exclusive use) portsmouth paragraph 1(1)(c) (two bedrooms) portsmouth paragraph 1(1)(d) (three bedrooms) reading paragraph 1(1)(b) (one bedroom, exclusive use) reading paragraph 1(1)(c) (two bedrooms) reading paragraph 1(1)(d) (three bedrooms) rotherham paragraph 1(1)(a) (one bedroom, shared accommodation) rugby & east paragraph 1(1)(a) (one bedroom, shared accommodation) rugby & east paragraph 1(1)(b) (one bedroom, exclusive use) rugby & east paragraph 1(1)(c) (two bedrooms) rugby & east paragraph 1(1)(d) (three bedrooms) rugby & east paragraph 1(1)(e) (four bedrooms) salisbury paragraph 1(1)(a) (one bedroom, shared accommodation) salisbury paragraph 1(1)(b) (one bedroom, exclusive use) scarborough paragraph 1(1)(a) (one bedroom, shared accommodation) scottish borders paragraph 1(1)(e) (four bedrooms) solihull paragraph 1(1)(a) (one bedroom, shared accommodation) south cheshire paragraph 1(1)(a) (one bedroom, shared accommodation) south east herts paragraph 1(1)(b) (one bedroom, exclusive use) south east herts paragraph 1(1)(c) (two bedrooms) south east herts paragraph 1(1)(d) (three bedrooms) south gwynedd paragraph 1(1)(a) (one bedroom, shared accommodation) south lanarkshire paragraph 1(1)(e) (four bedrooms) south west essex paragraph 1(1)(a) (one bedroom, shared accommodation) south west essex paragraph 1(1)(b) (one bedroom, exclusive use) south west essex paragraph 1(1)(c) (two bedrooms) south west essex paragraph 1(1)(d) (three bedrooms) south west herts paragraph 1(1)(a) (one bedroom, shared accommodation) south west herts paragraph 1(1)(b) (one bedroom, exclusive use) south west herts paragraph 1(1)(c) (two bedrooms) south west herts paragraph 1(1)(d) (three bedrooms) southampton paragraph 1(1)(b) (one bedroom, exclusive use) southampton paragraph 1(1)(c) (two bedrooms) southampton paragraph 1(1)(d) (three bedrooms) southend paragraph 1(1)(b) (one bedroom, exclusive use) southend paragraph 1(1)(c) (two bedrooms) southend paragraph 1(1)(d) (three bedrooms) southend paragraph 1(1)(e) (four bedrooms) southern greater manchester paragraph 1(1)(a) (one bedroom, shared accommodation) southern greater manchester paragraph 1(1)(b) (one bedroom, exclusive use) southern greater manchester paragraph 1(1)(c) (two bedrooms) southern greater manchester paragraph 1(1)(d) (three bedrooms) southern greater manchester paragraph 1(1)(e) (four bedrooms) staffordshire north paragraph 1(1)(a) (one bedroom, shared accommodation) staffordshire north paragraph 1(1)(e) (four bedrooms) stevenage & north herts paragraph 1(1)(b) (one bedroom, exclusive use) stevenage & north herts paragraph 1(1)(c) (two bedrooms) stevenage & north herts paragraph 1(1)(d) (three bedrooms) stevenage & north herts paragraph 1(1)(e) (four bedrooms) sunderland paragraph 1(1)(a) (one bedroom, shared accommodation) sussex east paragraph 1(1)(b) (one bedroom, exclusive use) sussex east paragraph 1(1)(c) (two bedrooms) sussex east paragraph 1(1)(d) (three bedrooms) sussex east paragraph 1(1)(e) (four bedrooms) swindon paragraph 1(1)(a) (one bedroom, shared accommodation) swindon paragraph 1(1)(b) (one bedroom, exclusive use) swindon paragraph 1(1)(c) (two bedrooms) swindon paragraph 1(1)(d) (three bedrooms) swindon paragraph 1(1)(e) (four bedrooms) taff rhondda paragraph 1(1)(a) (one bedroom, shared accommodation) taunton & west somerset paragraph 1(1)(a) (one bedroom, shared accommodation) thanet paragraph 1(1)(b) (one bedroom, exclusive use) thanet paragraph 1(1)(c) (two bedrooms) thanet paragraph 1(1)(e) (four bedrooms) torfaen paragraph 1(1)(a) (one bedroom, shared accommodation) tyneside paragraph 1(1)(a) (one bedroom, shared accommodation) vale of glamorgan paragraph 1(1)(a) (one bedroom, shared accommodation) walton paragraph 1(1)(b) (one bedroom, exclusive use) walton paragraph 1(1)(c) (two bedrooms) warwickshire south paragraph 1(1)(a) (one bedroom, shared accommodation) warwickshire south paragraph 1(1)(b) (one bedroom, exclusive use) warwickshire south paragraph 1(1)(c) (two bedrooms) warwickshire south paragraph 1(1)(d) (three bedrooms) west cumbria paragraph 1(1)(a) (one bedroom, shared accommodation) west lothian paragraph 1(1)(c) (two bedrooms) west lothian paragraph 1(1)(d) (three bedrooms) west wiltshire paragraph 1(1)(a) (one bedroom, shared accommodation) west wiltshire paragraph 1(1)(c) (two bedrooms) west wiltshire paragraph 1(1)(d) (three bedrooms) west wiltshire paragraph 1(1)(e) (four bedrooms) weston-super-mare paragraph 1(1)(c) (two bedrooms) weston-super-mare paragraph 1(1)(d) (three bedrooms) winchester paragraph 1(1)(a) (one bedroom, shared accommodation) winchester paragraph 1(1)(b) (one bedroom, exclusive use) winchester paragraph 1(1)(e) (four bedrooms) worcester south paragraph 1(1)(b) (one bedroom, exclusive use) worcester south paragraph 1(1)(e) (four bedrooms) worthing paragraph 1(1)(b) (one bedroom, exclusive use) worthing paragraph 1(1)(c) (two bedrooms) worthing paragraph 1(1)(d) (three bedrooms) worthing paragraph 1(1)(e) (four bedrooms) yeovil paragraph 1(1)(d) (three bedrooms) . signed by authority of the secretary of state for work and pensions justin tomlinson parliamentary under secretary of state department for work and pensions 11th december 2018

part 1 introduction citation and commencement 1 these regulations may be cited as the european public limited-liability company (amendment etc.) (eu exit) regulations 2018 and come into force on exit day . part 2 amendment of subordinate legislation amendment of the european public limited-liability company regulations 2004 2 the european public limited-liability company regulations 2004 are amended in accordance with regulations 3 to 47. 3 in regulation 2 ( ec directive and ec regulation) - a in the heading omit "ec directive and"; b omit the definition of "the ec directive". 4 in regulation 3 (interpretation) - a in paragraph (1) - i in the definition of "se" - aa after "ec regulation " insert ", as it had effect immediately before exit day,"; bb omit "which is to be, or is,"; ii after the definition of "se", insert - " uk societas" means an se on or after exit day. ; b in paragraphs (3) and (4) - i omit "or the ec directive"; ii omit "or directive". 5 in the heading to part 2 (registration of ses and the registrar etc.), for "ses" substitute "uk societates". 6 in regulation 4 (the registrar), for "an se" substitute "a uk societas". 7 omit regulations 5 to 12. 8 before regulation 13 (documents sent to the registrar) insert - conversion of an se to a uk societas: obligations on the registrar 12a 1 in respect of any se which remains registered in the united kingdom immediately before exit day, the registrar must - a amend the register, so that on and after exit day - i "uk societas" replaces "se" in the se's name, and ii where appropriate, any use of "european public limited-liability company" or "societas europaea", is replaced by "united kingdom societas", save that this shall not apply where this information is recorded in documents registered in respect of that se before exit day; b within 21 days of exit day, issue to the uk societas a certificate (a "certificate of conversion") confirming that the uk societas - i has been converted to a uk societas on exit day pursuant to articles aa1 and aaa1 of the ec regulation, ii is governed by the law of - aa england and wales, where its registered office is situated in england or wales, bb scotland, where its registered office is situated in scotland, or cc northern ireland, where its registered office is situated in northern ireland. 2 the certificate in paragraph (1)(b) - a must be signed by the registrar or authenticated by the registrar's official seal; and b is conclusive evidence that on and after exit day the se is a uk societas. 3 paragraphs (1) and (2) do not apply to an se in respect of which a transfer proposal has been drawn up, delivered and published under article 8 until such time as the registrar is satisfied that the transfer did not take effect before exit day. 4 paragraph (5) applies in relation to an se - a which immediately before exit day is registered in a member state pursuant to a transfer of its registered office from the united kingdom to that member state in accordance with article 12; but b whose registration in the united kingdom has not been deleted in accordance with article 8 before exit day. 5 the registrar must delete the registration of an se to which this paragraph applies from the register as soon as reasonably practicable and must cause to be published in the gazette notice of that deletion. 6 in this regulation, "article 8" and "article 12" mean article 8 and article 12 of the ec regulation, as it had effect immediately before exit day. references in the companies act 2006 to a certificate of incorporation 12b 1 following the conversion of an se to a uk societas, references in sections 80 (change of name: registration and issue of new certificate of incorporation), 1064 (public notice of issue of certificate of incorporation) and 1065 (right to certificate of incorporation) of the companies act 2006 to a company's certificate of incorporation shall be construed as a reference to the certificate of conversion given under regulation 12a(1)(b). 2 a requirement in those sections for the registrar to issue a certificate of incorporation to a company shall - a be construed as a requirement to issue a certificate of conversion similar to the certificate under regulation 12a(1)(b); and b apply with such other modifications as the registrar considers necessary in consequence of sub-paragraph (a). . 9 in regulation 13 (documents sent to the registrar) , omit paragraph (2). 10 in regulation 13a (application of language requirements to documents relating to ses) - a in the heading, for "ses" substitute "uk societates"; b in paragraph (2) - i in sub-paragraph (b), in the substituted section (2) - aa omit sub-paragraphs (a) to (c); bb in sub-paragraph (d), for "those regulations" substitute "the european public limited-liability company regulations 2004"; cc in sub-paragraph (e), for "se" substitute "uk societas"; ii in sub-paragraph (c), for "an se" substitute "a uk societas"; c in paragraph (3), for "an se" substitute "a uk societas"; d in paragraph (4) after "the ec regulation", insert "as it had effect at the time of such delivery,"; e omit paragraph (5). 11 in regulation 14 (application of the 2006 act to the registration of ses) - a in the heading, for "ses" substitute "uk societates"; b in sub-paragraph (1)(a) - i for "ses" substitute "uk societates"; ii after "the ec regulation", insert ", including as they had effect at the time of any such registration". 12 in regulation 15 (false statements in documents delivered to the registrar) - a in paragraph (a), omit "regulations 5 to 10 and"; b omit paragraph (b). 13 omit regulations 55 to 58. 14 in regulation 59 (power of the management or administrative organ of an se to amend statutes where in conflict with employee involvement arrangements (article 12(4))) - a in the heading, for "an se" substitute "a uk societas"; b for "se" substitute "uk societas". 15 in regulations 61, 62 and 64, for "an se", in each place it occurs, substitute "a uk societas". 16 in regulation 65 (timing of the first general meeting of an se (article 54(1))) - a in both the heading and the text of the regulation, for "an se" substitute "a uk societas"; b for "an se's" substitute "its"; c after "incorporation", insert "as an se". 17 in regulation 66 (proportion of shareholders of an se who may require one or more additional items to be put on the agenda of any general meeting (article 56)) - a in both the heading and the text of the regulation, for "an se" substitute "a uk societas"; b for "the se's" substitute "the uk societas's". 18 in regulation 67 (ses subject to law on public limited liability companies as regard the expression of their capital (article 67(1))) - a in the heading, for "ses" substitute "uk societates"; b for "an se" substitute "a uk societas". 19 omit regulations 68 to 70. 20 in regulation 71 (publication of other documents or information (articles 8(12), 15(2), 59(3) and 65)) - a in the heading, omit "8(12), 15(2),"; b omit paragraphs (3) and (4). 21 omit regulations 72 to 74. 22 in regulation 75 (competent authorities) - a in paragraph (a), for "8, 54, 55 and 64" substitute "54 and 55"; b omit paragraphs (b) and (c). 23 in regulation 76 (enforcement of obligation to amend statutes in conflict with arrangements for employee involvement) - a in paragraph (1) - i in sub-paragraph (a), for "an se" substitute "a uk societas"; ii in sub-paragraph (b), for "se" substitute "uk societas"; b in sub-paragraphs (2)(a)-(c), for "an se", in each place it occurs, substitute "a uk societas". 24 in regulation 77 (records of an se transferred under article 8(11) or a public company ceasing to exist under article 29(1) and (2)) - a for the heading substitute "records of an se transferred under article 8 of the ec regulation (as it had effect immediately before exit day)"; b for paragraph (1) substitute - 1 where the registration of an se is deleted under regulation 12a(5) following a transfer of its registered office to another member state, the records of that se kept by the registrar must continue to be kept by her for a period of twenty years following such a deletion. ; c in paragraph (2) - i after "regulation 11", insert "of these regulations, as they had effect at the time of delivery"; ii after "article 8(8)", insert "of the ec regulation, as it had effect at the time of issue,". 25 in regulation 78 (application of enactments to members of supervisory, management and administrative organs) - a in paragraph (1), for "ses" substitute "uk societates"; b in paragraph (5), for "se" substitute "uk societas". 26 in regulation 79 (register of members of supervisory organ) - a in paragraph (1), for "se" substitute "uk societas"; b in paragraph (3), for "se's" substitute "uk societas's"; c in paragraph (4) - i in the words before sub-paragraph (a), for "se" substitute "uk societas"; ii in the words after sub-paragraph (b), for "se's" substitute "uk societas's"; d in paragraph (5), for "se" substitute "uk societas"; e in paragraph (6) - i for "an se" substitute "a uk societas"; ii for each of the remaining occurrences of "se" substitute "uk societas"; f in paragraph (10) - i for "an se" substitute "a uk societas"; ii for the remaining occurrence of "se" substitute "uk societas". 27 in regulation 80 (particulars of members to be registered under regulation 79: individuals) - a in paragraph (1), in the words before sub-paragraph (a), for "an se's" substitute "a uk societas's"; b in paragraph (5), for "the se's" substitute "the uk societas's". 28 in regulation 80a (particulars of members to be registered under regulation 79: corporate members and firms) - a for "an se's" substitute "a uk societas's"; b for paragraph (c) substitute - c in the case of a limited company that is a uk-registered company, the registered number; . 29 in regulation 80b (register of residential addresses of members of an se's supervisory organ) - a in the heading, for "an se's" substitute "a uk societas's"; b in paragraph (1), for "se" substitute "uk societas"; c in paragraph (3), for "se's", in both places, substitute "uk societas's"; d in paragraph (4) - i for "an se" substitute "a uk societas"; ii for each of the remaining occurrences of "se" substitute "uk societas"; e in paragraph (7) - i for "an se" substitute "a uk societas"; ii for the remaining occurrence of "se" substitute "uk societas". 30 in regulation 80c (duty to notify registrar of changes) - a in paragraph (1) - i for "an se" substitute "a uk societas"; ii for the remaining occurrence of "se" substitute "uk societas"; b in paragraphs (1a) and (2), for "se's" substitute "uk societas's"; c in paragraph (3) - i for "an se" substitute "a uk societas"; ii for "se's", in both places, substitute "uk societas's"; d in paragraph (3a), for "se's" substitute "uk societas's"; e in paragraph (4) - i for "an se" substitute "a uk societas"; ii for the remaining occurrences of "se" substitute "uk societas". 31 in regulation 80d (protected information: restriction on use or disclosure by se) - a in the heading, for "se" substitute "uk societas"; b for "an se" substitute "a uk societas". 32 in regulation 80da (information within section 790zf(2): restriction on use or disclosure by an se) - a in both the heading and the text of the regulation, for "an se" substitute "a uk societas"; b after "regulations 5 to 10 and 85", insert "of these regulations, as they had effect at the time such protected information was delivered to the registrar". 33 in regulation 80e (putting a member of the supervisory organ's address on the public record) - a for "an se" substitute "a uk societas"; b for "se's", in both places, substitute "uk societas's". 34 in regulation 81 (the se as a body corporate) - a in the heading, for "se" substitute "uk societas"; b in paragraph (1) - i for "an se", in both places, substitute "a uk societas"; ii omit "whether or not registered in the united kingdom"; c in paragraph (2), for "an se" substitute "a uk societas". 35 in regulation 82 (notification of amendments to statutes and insolvency events (articles 59(3) and 65)) - a in paragraph (1), for "se" substitute "uk societas"; b in paragraph (1a), for "se's", substitute "uk societas's"; c in paragraph (2), for "se" substitute "uk societas". 36 in regulation 83 (accounting reference period and financial year of transferring se) - a in the heading, for "se" substitute "uk societas"; b in paragraph (1), in the words before sub-paragraph (a) - i for "an se transfers" substitute "a uk societas had before exit day, and while an se, transferred"; ii after "article 8", insert "of the ec regulation, as it had effect at the time of that transfer, that uk societas's"; c in sub-paragraph (1)(a), omit "its"; d in sub-paragraph (1)(b) - i omit "its"; ii for "se" substitute "uk societas"; e in sub paragraphs (2) and (3), for "transferring se" substitute "uk societas". 37 omit regulation 84. 38 in the heading to part 7 (provisions relating to the conversion of an se to a public company in accordance with article 66 of the ec regulation), for "an se" substitute "a uk societas". 39 in regulation 85 (registration of a public company by the conversion of an se) - a in the heading, for "an se" substitute "a uk societas"; b in paragraph (1) - i in the words before sub-paragraph (a), for "an se" substitute "a uk societas"; ii in sub-paragraph (d), for "se" substitute "uk societas"; c in paragraph (2), for "se's" substitute "uk societas's"; d in paragraphs (5), (8) and (9), for "se", in each place it occurs, substitute "uk societas"; e in paragraph (11), sub-paragraph (a) - i for "se" substitute "uk societas"; ii after "registered" insert "as an se"; f in paragraph (12), for "se", in both places, substitute "uk societas". 40 in regulation 85a (statement of compliance) , for "an se" substitute "a uk societas". 41 in regulation 86 (publication of draft terms of conversion) , for "se's" substitute "uk societas's". 42 in regulation 87 (registration under the 2006 act) - a in paragraph (3) - i for "an se" substitute "a uk societas"; ii for the remaining occurrence of "se" substitute "uk societas"; b in paragraph (4), for "se" substitute "uk societas". 43 in regulation 88 (effect of registration) , for "se", in each place it occurs, substitute "uk societas". 44 in regulation 89 (records of a converting se) for "se", in each place it occurs, substitute "uk societas". 45 in schedule 1a (modifications of provisions of the 2006 act applying in relation to documents sent to the registrar etc ) - a in paragraph 3, for "an se", in each place it occurs, substitute "a uk societas"; b in paragraph 4(a) - i for "se" substitute "uk societas"; ii after "registration", insert "or its conversion from an se"; c in paragraph 4(b), for "an se" substitute "a uk societas"; d in paragraphs 5 and 6, for "an se" substitute "a uk societas". 46 in schedule 2 (provisions of the 2006 act applying to the registration of ses) - a in the heading, for "ses" substitute "uk societates"; b in paragraphs 1, 2, 3 and 4, for "an se", in each place it occurs, substitute "a uk societas". 47 in schedule 4 (modifications of the companies acts etc) - a in paragraph 5, for "se" substitute "uk societas"; b in paragraph 11, for "se", in both places, substitute "uk societas". amendment of the european public limited-liability company (employee involvement) (great britain) regulations 2009 48 the european public limited-liability company (employee involvement) (great britain) regulations 2009 are amended in accordance with regulations 49 to 65. 49 in regulation 3 (interpretation) - a in paragraph (1) - i omit the definitions of "absolute majority vote" and "agency worker"; ii for the definition of "employee involvement agreement" substitute - "employee involvement agreement" means - an agreement reached before exit day between the special negotiating body and the competent organs of the participating companies which governs the arrangements for the involvement of employees within the uk societas, an agreement reached before or after exit day between the special negotiating body and the competent organs of the participating companies which governs the arrangements for the involvement of employees within the se, an agreement reached after exit day following a special negotiating body having been reconvened under regulation 17 of these regulations, which governs the arrangements for the involvement of employees within the uk societas; ; iii for the definition of "information and consultation representative" substitute - "information and consultation representatives" means representatives elected or appointed to act pursuant to information and consultation procedures established in an employee involvement agreement instead of a representative body; ; iv omit the definition of "participation"; v before the definition of "representative body" insert - "relevant state" means an eea state or the united kingdom; ; vi for the definition of "se" substitute - "se" means a european public limited-liability company (or societas europaea) within the meaning of the ec regulation, as it has effect in eu law as amended from time to time; ; vii omit the definitions of "se established by merger", "se established by formation of a holding company or subsidiary company" and "se established by transformation"; viii for the definition of "standard rules on employee involvement" substitute - "standard rules on employee involvement" means - in respect of a uk societas the rules on employee involvement which apply by virtue of regulation 19, as it had effect immediately before exit day, in respect of an se the rules laid down by the eea state in which it has its registered office; ; ix omit the definitions of "suitable information relating to the use of agency workers", "two thirds majority vote" and "uk members of the special negotiating body"; x at the end, insert - "uk societas" means a european public limited-liability company (or societas europaea) within the meaning of the ec regulation, as it had effect immediately before exit day, which on exit day converted to a united kingdom societas within the meaning of the ec regulation. ; b in paragraph (2) - i after "the ec directive", insert ", subject to the stated modifications"; ii for "information" substitute - "information", read as if - for "member state" there were substituted "relevant state", after each occurrence of "se" there were inserted "or the uk societas" ; iii after "consultation" insert ", read as if after each occurrence of "se" there were inserted "or the uk societas"; c after paragraph (2) insert - 2a where an employee involvement agreement was reached before exit day for a uk societas, or where the standard rules on employee involvement apply in respect of that uk societas, on and after exit day any reference to an "eea state" in that agreement or those rules, insofar as they apply to that uk societas, must, where appropriate, be read as if they were to "an eea state and the united kingdom. ; d omit paragraph (4). 50 in regulation 4 (application of these regulations) - a for paragraph (1) substitute - 1 these regulations apply in respect of a uk societas. ; b omit paragraph (2); c in paragraph (3), for sub-paragraph (d) substitute - d an employee of an se or a representative of such an employee. . 51 omit regulations 5 to 16. 52 in regulation 17 (decision not to open, or to terminate, negotiations) - a omit paragraphs (1) and (2); b in paragraph (3) - i omit sub-paragraphs (a) and (b); ii in sub-paragraph (c), for "the special negotiating body" substitute "a special negotiating body"; c in paragraph (4) - i for sub-paragraph (b) substitute - b by at least 10% of the employees of the uk societas and its subsidiaries, or by employees' representatives representing at least that percentage of those employees; ; ii in sub-paragraph (c)(ii) - aa omit "every participating company or, where the se has been registered,"; bb for "se" substitute "uk societas"; iii after paragraph (c), insert - d references in this regulation to paragraph (1) and regulation 16(4) are to those provisions in these regulations, as they had effect at the time of that decision and publication. . 53 omit regulations 18 and 19. 54 in regulation 20 (disputes about the operation of an employee involvement agreement or the standard rules on employee involvement) - a in paragraph (1), for "or of the se" substitute ", the se or the uk societas"; b in sub-paragraphs (3)(b), (4)(b), (5)(a) and in both places in the words before sub-paragraph (a) of paragraph (7), after "the se", insert "or the uk societas"; c in paragraph (9), for "or the se" substitute ", the se or the uk societas". 55 in regulation 21 (penalties), in the words after sub-paragraph (5)(b), after "the se" insert "or the uk societas". 56 in regulation 22 (misuse of procedures) - a in paragraph (1) - i in the words before sub-paragraph (a) - aa for "or an se" substitute ", an se or a uk societas"; bb after "the se", insert "or the uk societas"; ii in sub-paragraph (a) - aa after "the se", insert "or the uk societas"; bb for the second occurrence of "its" substitute "their"; b in sub-paragraph (2)(b), after "its registration", insert "as an se (including registration as an se which subsequently converted to a uk societas on exit day); c in sub-paragraph (3)(b), after "the se", insert "or the uk societas". 57 in regulation 24 (breach of statutory duty), in paragraph (1) - a after sub-paragraph (a), insert - aa a uk societas, ; b in sub-paragraph (b), after "an se", insert "or a uk societas". 58 in regulation 25 (withholding of information) - a in paragraph (1) - i in the words before sub-paragraph (a), after "neither an se", insert ", nor a uk societas,"; ii in sub-paragraph (a), after "the se", in both places, insert "or the uk societas,"; b in paragraph (2) - i in the words before sub-paragraph (a), after "the se" insert ", the uk societas"; ii in the words after sub-paragraph (b), after "the se", in both places, insert ", uk societas". 59 in regulation 26 (right to time off for members of special negotiating body etc.) in sub-paragraph (1)(a), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas,". 60 in regulation 29 (unfair dismissal) - a in sub-paragraph (2)(a), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas"; b in paragraph (6) - i in sub-paragraph (c), after "special negotiating body" insert "(including one reconvened under regulation 17, in a uk societas)"; ii in sub-paragraph (d), after "special negotiating body" insert "(including one reconvened under regulation 17, in a uk societas)"; iii in sub-paragraph (e), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas". 61 in regulation 31 (detriment) - a in sub-paragraph (2)(a), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas"; b in paragraph (6) - i in sub-paragraph (c), after "special negotiating body" insert "(including one reconvened under regulation 17, in a uk societas)"; ii in sub-paragraph (d), after "special negotiating body" insert "(including one reconvened under regulation 17, in a uk societas)"; iii in sub-paragraph (e), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas". 62 in regulation 34 ( cac proceedings) - a in the words before sub-paragraph (3)(a) - i omit "participating company,"; ii for "se" substitute "uk societas"; b in the words before sub-paragraph (4)(a) - i omit "participating company or"; ii for "an se" substitute "a uk societas". 63 in regulation 35 (appeal tribunal: location of certain proceedings under these regulations), in sub-paragraphs (1)(a) and (1)(b) - a omit "participating company,"; b for "se" substitute "uk societas". 64 in regulation 41 (existing employee involvement rights) - a in paragraph (1) - i after "an se" for ", its" substitute "or a uk societas, or their"; ii for "eea state" substitute "relevant state"; iii after "registration of the se" insert "(including an se which converted to a uk societas on exit day)"; b after paragraph (2) insert - 2a in this regulation "participation" means the influence of the representative body and the employees' representatives in the se or the uk societas by way of the right to - a elect or appoint some of the members of the se or the uk societas's supervisory or administrative organ, or b recommend or oppose the appointment of some or all of the members of the se or the uk societas's supervisory or administrative organ. . 65 omit the schedule. amendment of the european public limited-liability company (employee involvement) (northern ireland) regulations 2009 66 the european public limited-liability company (employee involvement) (northern ireland) regulations 2009 are amended in accordance with regulations 67 to 82. 67 in regulation 3 (interpretation) - a in paragraph (1) - i omit the definitions of "absolute majority vote" and "agency worker"; ii for the definition of "employee involvement agreement" substitute - "employee involvement agreement" means - an agreement reached before exit day between the special negotiating body and the competent organs of the participating companies which governs the arrangements for the involvement of employees within the uk societas, an agreement reached before or after exit day between the special negotiating body and the competent organs of the participating companies which governs the arrangements for the involvement of employees within the se, an agreement reached after exit day following a special negotiating body having been reconvened under regulation 17 of these regulations, which governs the arrangements for the involvement of employees within the uk societas; ; iii for the definition of "information and consultation representative" substitute - "information and consultation representatives" means representatives elected or appointed to act pursuant to information and consultation procedures established in an employee involvement agreement instead of a representative body; ; iv omit the definition of "participation"; v before the definition of "representative body" insert - "relevant state" means an eea state or the united kingdom; ; vi for the definition of "se" substitute - "se" means a european public limited-liability company (or societas europaea) within the meaning of the ec regulation, as it has effect in eu law as amended from time to time; ; vii omit the definitions of "se established by merger", "se established by formation of a holding company or subsidiary company" and "se established by transformation"; viii for the definition of "standard rules on employee involvement" substitute - "standard rules on employee involvement" means - in respect of a uk societas the rules on employee involvement which apply by virtue of regulation 19, as it had effect immediately before exit day, in respect of an se the rules laid down by the eea state in which it has its registered office; ; ix omit the definitions of "suitable information relating to the use of agency workers", "two thirds majority vote" and "uk members of the special negotiating body"; x at the end, insert - "uk societas" means a european public limited-liability company (or societas europaea) within the meaning of the ec regulation, as it had effect immediately before exit day, which on exit day converted to a united kingdom societas within the meaning of the ec regulation. ; b in paragraph (2) - i after "the ec directive", insert ", subject to the stated modifications"; ii for "information" substitute - "information", read as if - for "member state", there were substituted "relevant state", after each occurrence of "se" there were inserted "or the uk societas" ; iii after "consultation" insert ", read as if after each occurrence of "se" there were inserted "or the uk societas"; c after paragraph (2) insert - 2a where an employee involvement agreement was reached before exit day for a uk societas, or where the standard rules on employee involvement apply in respect of that uk societas, on and after exit day, any reference to an "eea state" in that agreement or those rules, insofar as they apply to that uk societas, must, where appropriate, be read as if they were to "an eea state and the united kingdom. ; d omit paragraph (4). 68 in regulation 4 (application of these regulations) - a for paragraph (1) substitute - 1 these regulations apply in respect of a uk societas. ; b omit paragraph (2); c in paragraph (3), for sub-paragraph (c) substitute - d an employee of an se or a representative of such an employee. . 69 omit regulations 5 to 16. 70 in regulation 17 (decision not to open, or to terminate, negotiations) - a omit paragraphs (1) and (2); b in paragraph (3) - i omit sub-paragraphs (a) and (b); ii in sub-paragraph (c), for "the special negotiating body" substitute "a special negotiating body"; c in paragraph (4) - i for sub-paragraph (b) substitute - b by at least 10% of the employees of the uk societas and its subsidiaries, or by employees' representatives representing at least that percentage of those employees; ; ii in sub-paragraph (c)(ii) - aa omit "every participating company or, where the se has been registered,"; bb for "se" substitute "uk societas"; iii after paragraph (c), insert - d references in this regulation to paragraph (1) and regulation 16(4) are to those provisions in these regulations, as they had effect at the time of that decision and publication. . 71 omit regulations 18 and 19. 72 in regulation 20 (disputes about the operation of an employee involvement agreement or the standard rules on employee involvement) - a in paragraph (1), for "or of the se" substitute ", the se or the uk societas"; b in sub-paragraphs (3)(b), (4)(b), (5)(a) and in both places in the words before sub-paragraph (a) of paragraph (7), after "the se", insert "or the uk societas"; c in paragraph (9), for "or the se" substitute ", the se or the uk societas". 73 in regulation 21 (penalties), in the words after sub-paragraph (5)(b), after "the se" insert "or the uk societas". 74 in regulation 22 (misuse of procedures) - a in paragraph (1) - i in the words before sub-paragraph (a) - aa for "or an se" substitute ", an se or a uk societas"; bb after "the se", insert "or the uk societas"; ii in sub-paragraph (a) - aa after "the se", insert "or the uk societas"; bb for the second occurrence of "its" substitute "their"; b in sub-paragraph (2)(b), after "its registration", insert "as an se (including registration as an se which subsequently converted to a uk societas on exit day); c in sub-paragraph (3)(b), after "the se", insert "or the uk societas". 75 in regulation 24 (breach of statutory duty), in paragraph (1) - a after sub-paragraph (a), insert - aa a uk societas, ; b in sub-paragraph (b), after "an se", insert "or a uk societas". 76 in regulation 25 (withholding of information) - a in paragraph (1) - i in the words before sub-paragraph (a), after "neither an se", insert ", nor a uk societas,"; ii in sub-paragraph (a), after "the se", in both places, insert "or the uk societas,"; b in paragraph (2) - i in the words before sub-paragraph (a), after "the se" insert ", the uk societas"; ii in the words after sub-paragraph (b), after "the se", in both places, insert ", uk societas". 77 in regulation 26 (right to time off for members of special negotiating body etc.) in sub-paragraph (1)(a), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas,". 78 in regulation 29 (unfair dismissal) - a in sub-paragraph (2)(a), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas"; b in paragraph (6) - i in sub-paragraph (c), after "special negotiating body" insert "(including one reconvened under regulation 17, in a uk societas)"; ii in sub-paragraph (d), after "special negotiating body" insert "(including one reconvened under regulation 17, in a uk societas)"; iii in sub-paragraph (e), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas". 79 in regulation 31 (detriment) - a in sub-paragraph (2)(a), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas"; b in paragraph (6) - i in sub-paragraph (c), after "special negotiating body" insert "(including one reconvened under regulation 17, in a uk societas)"; ii in sub-paragraph (d), after "special negotiating body" insert "(including one reconvened under regulation 17, in a uk societas)"; iii in sub-paragraph (e), after "special negotiating body" insert "reconvened under regulation 17, in a uk societas". 80 in regulation 34 (industrial court proceedings), in the words before sub-paragraph (3)(a) - a omit "participating company,"; b for "se" substitute "uk societas". 81 in regulation 39 (existing employee involvement rights) - a in paragraph (1) - i after "an se" for ", its" substitute "or a uk societas, or their"; ii for "eea state" substitute "relevant state"; iii after "registration of the se" insert "(including an se which converted to a uk societas on exit day)"; b after paragraph (2) insert - 2a in this regulation "participation" means the influence of the representative body and the employees' representatives in the se or the uk societas by way of the right to - a elect or appoint some of the members of the se or the uk societas's supervisory or administrative organ, or b recommend or oppose the appointment of some or all of the members of the se or the uk societas's supervisory or administrative organ. . 82 omit the schedule. amendment of the registrar of companies (fees) (european economic interest grouping and european public limited-liability company) regulations 2012 83 the registrar of companies (fees) (european economic interest grouping and european public limited-liability company) regulations 2012 are amended in accordance with regulations 84 to 86. 84 in regulation 2 (interpretation) - a before the definition of "the 2006 act" insert - "the ec regulation means council regulation 2157/2001/ec of 8 october 2001 on the statute for a european company; ; b omit the definition of "se"; c after the definition of "xml gateway" and "xml" insert - "uk societas" means a european public limited-liability company, within the meaning of the ec regulation, as it had effect immediately before exit day, which was registered in the united kingdom and which on exit day converted to a united kingdom societas within the meaning of the ec regulation. . 85 in regulation 3 (fees payable in respect of functions relating to the registration of documents by the registrar), for "ses" substitute "uk societates". 86 in schedule 1 (the performance of functions relating to the registration of documents by the registrar) - a for the heading to paragraph 1 substitute "words and expressions used in the ec regulation"; b in paragraph 1 (meaning of "the ec regulation" and words and expressions used in those regulations) - i omit sub-paragraph (1); ii in paragraph (2) - aa for "enactment set out in sub-paragraph (1)" substitute "ec regulation"; bb for "those enactments" substitute "that enactment"; c in paragraph 6 (european public limited liability companies) - i for the heading substitute "uk societates"; ii in the words before sub-paragraph (a), for "ses" substitute "uk societates"; iii omit sub-paragraph (a); iv in sub-paragraph (b), for "an se" substitute "a uk societas"; v omit sub-paragraph (c). amendment of the european public limited-liability company (register of people with significant control) regulations 2016 87 the european public limited-liability company (register of people with significant control) regulations 2016 , are amended in accordance with regulations 88 to 95. 88 in regulation 2 (interpretation) - a in the definition of "se", for "which is to be, or is, registered in the united kingdom" substitute ", as it had effect immediately before exit day, which was registered in the united kingdom"; b after the definition of "se" insert - "uk societas" means an se which on exit day converted to a united kingdom societas within the meaning of council regulation 2157/2001/ec of 8 october 2001 on the statute of a european company. . 89 omit regulation 4. 90 in regulation 5 - a for "ses" substitute "uk societates"; b in the substituted section (c), after "2004" insert "as they had effect when the statement was delivered". 91 in regulation 6, for "ses" substitute "uk societates". 92 in the heading to part 4 (modification of the 2016 regulations in their application to ses), for "ses" substitute "uk societates". 93 for regulation 7 substitute - 7 the 2016 regulations must be read as though regulations 27 (application by a subscriber to a memorandum of association requiring the registrar to refrain from disclosing an individual's usual residential address information to a credit reference agency) and 38 (application by a subscriber to a memorandum of association requiring the registrar to refrain from using or disclosing an individual's secured information) were omitted. . 94 omit regulation 8. 95 in regulation 9 - a for "ses" substitute "uk societates"; b in paragraph (3), after "regulation 38", insert "as it had effect before exit day". part 3 amendment of retained direct eu legislation amendment of council regulation 2157/2001/ec of 8 october 2001 on the statute for a european company 96 council regulation 2157/2001/ec of 8 october 2001 on the statute for a european company is amended in accordance with regulations 97 to 139. 97 before article 1 insert - article a1 in this regulation - "the 2004 regulations" means the european public limited-liability company regulations 2004 ; "the 2009 employee involvement (gb) regulations" means the european public limited-liability company (employee involvement) (great britain) regulations 2009 ; "the 2009 employee involvement ( ni ) regulations" means the european public limited-liability company (employee involvement) (northern ireland) regulations 2009 ; "the companies acts" has the meaning given by section 2 of the companies act 2006 ; "se" means a european public limited-liability company (or societas europaea) within the meaning of this regulation, as it had effect immediately before exit day and means an se registered in the united kingdom. article aa1 1 on exit day every se which remains registered in the united kingdom immediately before exit day converts to a united kingdom societas (or uk societas), and on and after exit day "uk societas" replaces "se" in its name. 2 a uk societas is deemed to have in place of its existing statutes, statutes that comprise the provisions of its existing statutes save that, as they apply from exit day - a "uk societas" replaces "se" in any reference to the se's name; b any use of "european public limited-liability company" or "societas europaea" is replaced by "united kingdom societas" or "uk societas"; c any reference in those statutes to directive 2001/86/ec of 8 october 2001 supplementing the statute for a european company with regard to the involvement of employees is read, where appropriate and where that reference remains operative, as though it were a reference to the 2009 employee involvement (gb) regulations, or (as the case may be) the 2009 employee involvement (ni) regulations; d any reference in those statutes to the ec regulation, the 2004 regulations, the 2009 employee involvement (gb) regulations, or the 2009 employee involvement (ni) regulations, is read, where appropriate and where that reference remains operative, as though it is a reference to those enactments as they form part of retained eu law. 4 paragraphs 1 and 2 do not apply to an outgoing se (as to which, see paragraphs (4) and (5) of regulation 12a of the 2004 regulations). 5 in paragraph 4, an "outgoing se" means an se - a which, immediately before exit day, is registered in a member state pursuant to a transfer of its registered address from the united kingdom to that member state; but b whose registration in the united kingdom has not been deleted before exit day, in accordance with article 8 of this regulation, as it applied immediately before exit day. 6 the provisions of article 59 are disapplied for the purposes of this regulation. article aaa1 1 the uk societas retains the legal personality it had when it was an se. 2 save as regards any rights or obligations which are no longer applicable to a uk societas as a result of the european public limited-liability company (amendment etc.) (eu exit) regulations 2018, the conversion of an se to a uk societas - a does not affect any rights or obligations of the uk societas, or render defective any legal proceedings by or against it; and b any legal proceedings that might have been continued or commenced against it when it was an se may be continued or commenced against it as a uk societas. 3 the records of an se relating to any period before it became a uk societas, in accordance with this regulation, shall be treated for the purposes of this regulation, the companies acts and the 2004 regulations as if they were records of that uk societas. . 98 in article 1 - a omit paragraph 1; b in paragraphs 2 and 3, for "an se" substitute "a uk societas"; c for paragraph 4 substitute - 4 employee involvement in a uk societas shall be governed by the provisions of - a for england and wales and for scotland, the 2009 employee involvement (gb) regulations; or b for northern ireland, the 2009 employee involvement (ni) regulations. . 99 omit articles 2 and 3. 100 in article 4 - a omit paragraph 1; b in paragraph 2, after "subscribed capital" insert "of a uk societas"; c in paragraph 3 - i for "the laws of a member state" substitute "any enactment or rule of law"; ii for "ses" substitute "uk societates"; iii omit "with registered offices in that member state". 101 in article 5 - a for "4(1) and (2)" substitute "4(2)"; b for "an se" substitute "a uk societas"; c omit "with a registered office in the member state in which the se is registered". 102 in article 6, for "se", in both places, substitute "uk societas". 103 omit articles 7 and 8. 104 in article 9 - a in paragraph 1 - i in the words before point (a), for "an se" substitute "a uk societas"; ii for point (c)(i) substitute - i the 2004 regulations, (for england and wales and for scotland) the 2009 employee involvement (gb) regulations, or (for northern ireland) the 2009 employee involvement (ni) regulations; ; iii in point (c)(ii) - aa for "the provisions of member states' laws" substitute "any enactment or rule of law"; bb omit "formed in accordance with the law of the member state in which the se has its registered office"; iv in point (c)(iii), omit "formed in accordance with the law of the member state in which the se has its registered office"; b omit paragraph 2; c in paragraph 3 - i for "an se" substitute "a uk societas"; ii for "national laws" substitute "enactments or rules of law"; iii for "those laws" substitute "they"; iv for "se" substitute "uk societas". 105 in article 10 - a for "an se" substitute "a uk societas"; b omit "in every member state"; c omit "formed in accordance with the law of the member state in which it has its registered office". 106 in article 11 - a in paragraph 1 - i for "an se" substitute "a uk societas"; ii for "se" substitute "uk societas"; b in paragraph 2 - i for "ses" substitute "uk societates"; ii for "se" substitute "uk societas"; c in paragraph 3 - i for "a member state" substitute "england and wales, scotland or northern ireland"; ii for "the date of entry into force of this regulation" substitute "exit day"; iii for "se" substitute "uk societas". 107 in article 12 - a omit paragraphs 1 to 3; b in paragraph 4 - i in the first subparagraph - aa for "se" substitute "uk societas"; bb for "directive" substitute "(for england and wales and for scotland) the 2009 employee involvement (gb) regulations, or (for northern ireland) the 2009 employee involvement (ni) regulations"; ii omit the second subparagraph. 108 in article 13 - a for "an se" substitute "a uk societas"; b for "the laws of the member state in which the se has its registered office in accordance with directive 68/151/eec " substitute "the 2004 regulations". 109 omit articles 14 to 37. 110 in the heading to title 3 (structure of the se), for "the se" substitute "the uk societas". 111 in article 38, in the words before point (a), for "an se" substitute "a uk societas". 112 in article 39 - a in paragraph 1 - i for "se" substitute "uk societas"; ii omit the second sentence; b in paragraph 2, omit the second subparagraph; c in paragraph 3 - i for "se" substitute "uk societas"; ii omit the last sentence; d in paragraph 4 - i at the start insert "subject to regulation 61 of the 2004 regulations,"; ii omit the last sentence; e omit paragraph 5. 113 in article 40 - a in paragraph 1, for "se" substitute "uk societas"; b in paragraph 2 for " directive 2001/86/ec " substitute - - a part 3 of the 2004 regulations, as it had effect prior to its revocation by the european public limited-liability company (amendment) regulations 2009; b for england and wales and for scotland, the 2009 employee involvement (gb) regulations; c for northern ireland, the 2009 employee involvement (ni) regulations; ; c in paragraph 3 - i at the start insert "subject to regulation 62 of the 2004 regulations,"; ii omit the second sentence. 114 in article 41 - a in paragraph 1, for "se's" substitute "uk societas's"; b in paragraph 2, for "se" substitute "uk societas"; c in paragraph 3, omit the second sentence. 115 in article 43 - a in paragraph 1 - i for "se" substitute "uk societas"; ii omit the second sentence; b in paragraph 2 - i at the start, insert "subject to regulation 64 of the 2004 regulations"; ii for "se's" substitute "uk societas's"; iii omit the second sentence; iv in the second subparagraph, for " directive 2001/86/ec " substitute - a for england and wales and for scotland, the 2009 employee involvement (gb) regulations; b for northern ireland, the 2009 employee involvement (ni) regulations. ; c in paragraph 3, for " directive 2001/86/ec " substitute - - a part 3 of the 2004 regulations, as they had effect at the time those arrangements were determined; b for england and wales and for scotland, the 2009 employee involvement (gb) regulations; c for northern ireland, the 2009 employee involvement (ni) regulations. ; d omit paragraph 4. 116 in article 44, for "se's" substitute "uk societas's". 117 in article 47 - a in paragraph 1 - i for "an se's" substitute "a uk societas's", ii for "the law" substitute "any enactment or rule of law"; iii omit "in the member state in which the se's registered office is situated"; b in paragraph 2 - i in the words before point (a), for "se" substitute "uk societas"; ii in point (a) - aa for "the law of the member state in which the se's registered office is situated" substitute "any enactment or rule of law"; bb omit "governed by the law of that member state"; iii in point (b), omit - aa "governed by the law of a member state"; bb "delivered in a member state"; c in paragraph 3 - i for "an se's" substitute "a uk societas's"; ii for "the law" substitute "any enactment or rule of law"; iii omit "in the member state in which the se's registered office is situated"; d in paragraph 4, for "national law" substitute "any enactment or rule of law". 118 in article 48 - a in paragraph 1 - i for "se's" substitute "uk societas's"; ii omit the second subparagraph; b omit paragraph 2. 119 in article 49 - a for "an se's" substitute "a uk societas's"; b for "se" substitute "uk societas"; c for "national law provisions" substitute "any enactment or rule of law". 120 in article 50 - a in paragraph 1, in the words before point (a), for "se" substitute "uk societas"; b omit paragraph 3. 121 in article 51 - a for "an se's" substitute "a uk societas's"; b omit "in the member state in which the se's registered office is situated"; c for "se" substitute "uk societas". 122 in article 52 - a for point (b), substitute - b (for england and wales and for scotland) the 2009 employee involvement (gb) regulations, or (for northern ireland) the 2009 employee involvement (ni) regulations. ; b in the second subparagraph - i omit "governed by the law of the member state in which the se's registered office is situated"; ii for "the law of that member state" substitute "any enactment or rule of law"; iii for "se's" substitute "uk societas's". 123 in article 53, omit "in the member state in which the se's registered office is situated". 124 in article 54 - a in paragraph 1 - i at the start insert "subject to regulation 68 of the 2004 regulations"; ii for "an se", substitute "a uk societas"; iii for "the law of the member state in which the se's registered office is situated" substitute "any enactment or rule of law"; iv for "the se" substitute "the uk societas"; v omit the second sentence; b in paragraph 2 - i for "the national law" substitute "any enactment or rule of law"; ii omit "in the member state in which the se's registered office is situated". 125 in article 55 - a in paragraph 1 - i for "an se's" substitute "a uk societas's"; ii for "se" substitute "uk societas"; iii for "se's" substitute "uk societas's"; iv omit "or national legislation"; b in paragraph 3 - i omit "within the jurisdiction of which the se's registered office is situated"; ii for "national provisions" substitute "any enactment or rule of law". 126 omit article 56. 127 in article 57, omit "in the member state in which an se's registered office is situated". 128 in article 59 - a in paragraph 1 - i at the start, insert "subject to regulation 59 of the 2004 regulations"; ii for "an se's" substitute "a uk societas's"; iii omit "in the member state in which an se's registered office is situated"; b omit paragraph 2; c in paragraph 3, for "an se's" substitute "a uk societas's". 129 in article 60, for "an se" substitute "a uk societas". 130 in article 61 - a omit "subject to article 62"; b for "an se" substitute "a uk societas"; c after "public limited-liability companies" insert ", or where it is a credit or financial institution or an insurance undertaking, the rules applicable to those institutions or undertakings"; d omit "under the law of the member state in which its registered office is situated". 131 omit article 62. 132 in article 63 - a for "an se" substitute "a uk societas"; b omit "formed in accordance with the law of the member state in which its registered office is situated". 133 omit article 64. 134 in article 65, for "provisions of national law" substitute "any enactment or rule of law". 135 in article 66 - a in paragraph 1 - i for "an se" substitute "a uk societas"; ii omit from "governed by" to the end of the paragraph; b in paragraph 2, for "an se" substitute "a uk societas"; c in paragraph 3, for "se" substitute "uk societas"; d in paragraph 4, for "the manner laid down in each member state's law in accordance with article 3 of directive 68/151/eec " substitute "in accordance with regulation 86 of the 2004 regulations"; e in paragraph 5, for "the national provisions adopted in implementation of article 10 of directive 78/855/eec , by a judicial or administrative authority in the member state to which the se being converted into a public limited liability company is subject" substitute "section 909 of the companies act 2006 (expert's report (merger)) "; f in paragraph 6 - i for "se" substitute "uk societas"; ii for "the provisions of national law adopted in implementation of article 7 of directive 78/855/eec " substitute "section 907 of the companies act 2006 (approval of members of merging companies)". 136 in article 67 - a in paragraph 1 - i omit the first sentence; ii at the start of the second sentence insert "notwithstanding regulation 67 of the 2004 regulations,"; b omit the second paragraph. 137 omit articles 68 and 69. 138 after article 70, omit "this regulation shall be binding in its entirety and directly applicable in all member states.". 139 omit annex 1 (public limited liability companies referred to in article 2(1)) and annex 2 (public and private limited liability companies referred to in article 2(2)). part 4 transitional and savings provisions provisions in respect of amendments made to the european public limited-liability company regulations 2004 and council regulation 2157/2001/ec of 8 october 2001 on the statute for a european company 140 in regulations 141 to 145 - "the 2004 regulations" means the european public limited-liability company regulations 2004 ; "the 2006 act" means the companies act 2006 ; "the ec regulation" means council regulation 2157/2001/ec of 8 october 2001 on the statute for a european company; "se" means a european public limited-liability company (or societas europaea) within the meaning of the ec regulation, as it had effect immediately before exit day, that was registered in the united kingdom; "uk societas" means a se which on exit day converted to a uk societas within the meaning of the ec regulation. 141 despite the amendments and revocations made by these regulations - a regulation 13 of the 2004 regulations (documents sent to the registrar), as it applies in respect of the application and modification of section 1094 of the 2006 act ; and b regulation 14 of the 2004 regulations (application of the 2006 act to the registration of ses), as it applies in respect of the application and modification of section 1084 of the 2006 act, continue to have effect, on and after exit day, in relation to an se which dissolved before exit day. 142 1 to the extent that enactments or rules of law applied to a dissolved se immediately before exit day, by virtue of applying to a public limited-liability company pursuant to the ec regulation, they continue to apply to a dissolved se after exit day. 2 if an se dissolved before exit day, and accordingly did not convert to a uk societas under the ec regulation, but after exit day is restored to the register, upon restoration it is deemed to have become a uk societas on exit day. 143 1 where the amendments made by regulation 28 would (apart from this paragraph) require a uk societas's register of supervisory organ members to contain additional particulars in respect of an existing corporate member, the uk societas need not comply with that requirement until three months after exit day. 2 in this paragraph, "existing corporate member" means a body corporate, or a firm that is a legal person under the law by which it is governed, whose particulars were contained in the uk societas's register of supervisory organ members immediately before exit day. 144 despite the amendments and revocations made by these regulations, regulation 88 (effect of registration), together with paragraphs 2 to 9 of schedule 4 (modifications of the companies acts) of the 2004 regulations as they had effect immediately before exit day, continues to have effect on and after exit day, in respect of an se that converted to a public limited-liability company in accordance with article 66 of the ec regulation, as it had effect immediately before exit day. 145 where an se has converted on exit day to a uk societas, that uk societas is required to comply with the provisions in part 6 (trading disclosures) of the company, limited liability partnership and business (names and trading disclosures) regulations 2015 within the period of three months beginning on exit day. provisions in respect of amendments made to the european public limited-liability company (employee involvement) (great britain) regulations 2009 146 1 despite the revocations and amendments made by these regulations, an employee who was a member of a special negotiating body before exit day - a may after exit day present a complaint to an employment tribunal under regulation 28 (right to time off: complaints to tribunals) of the european public limited-liability company (employee involvement) (great britain) regulations 2009, and regulation 28a (extension of time limit to facilitate conciliation before institution of proceedings) applies accordingly, that the employer - i has unreasonably refused to permit the employee to take time off as required under regulation 26 (right to time off for members of special negotiating body etc.), or ii has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 27 (right to remuneration for time off under regulation 26), provided the complaint is in respect of a time off before exit day; b who is dismissed, is to be regarded as unfairly dismissed within the terms of regulation 29(2) and (3) (unfair dismissal), and regulation 30 (subsidiary provisions relating to unfair dismissal) applies accordingly, provided the reason (or, if more than one, the principal reason) for the dismissal occurred before exit day; c has the right not to be subjected to any detriment within the terms of regulation 31(2) and (3) (detriment), and regulation 32 (detriment: enforcement and subsidiary provisions) applies accordingly, provided the grounds for the detriment occurred before exit day. 147 in regulations 148 to 152 - "the pre-exit 2009 gb regulations" means the european public limited-liability company (employee involvement) (great britain) regulations 2009, as they had effect immediately before exit day; "the 2009 gb regulations" means the european public limited-liability company (employee involvement) (great britain) regulations 2009; "se" means a european public limited-liability company (or societas europaea) within the meaning of the ec regulation, as it had effect immediately before exit day. 148 despite the amendments and revocations made by these regulations, regulations 3 and 7 to 18 of the pre-exit 2009 gb regulations continue, on and after exit day, to have effect in relation to a special negotiating body reconvened under regulation 17 (decision not to open, or to terminate, negotiations) of the 2009 gb regulations, as appropriate and practicable and subject to the modifications in regulation 149. 149 the modifications to the pre-exit 2009 regulations are as follows - a references to "eea state", "an eea state" or "eea states" are to be read as though they were references to "relevant state", "a relevant state" or "relevant states"; b references to "se" or "se's" are to be read as if they were references to "uk societas" or "uk societas's" - i in regulation 3 (interpretation) - aa in paragraph (1), in the definitions of "employee involvement agreement" and "participation"; bb in paragraph (2), in the definitions of "information" and "consultation"; ii in regulation 15(2)(g) and (3a); iii in the definition of "reduction of participation rights" in regulation 16(3); and iv in regulation 17(3)(b), (4)(b)(ii) and (c)(ii); c otherwise, regulation 3 (interpretation) is to be read as if amended by these regulations, save as if - i in paragraph (1) the following definitions were not omitted - aa "absolute majority vote"; bb "agency worker"; cc "participation"; dd "se established by merger"; ee "se established by formation of a holding company or subsidiary company"; ff "se established by transformation"; gg "suitable information relating to the use of agency workers"; hh "two thirds majority vote"; ii "uk members of the special negotiating body"; ii the definition of "information and consultation representative" were omitted; iii after "participation" there were inserted - "relevant state" means an eea state or the united kingdom; ; iv for the definition of "se" there were substituted - "se" means a european public limited liability company (or societas europaea) within the meaning of the ec regulation, as it had effect immediately before exit day; ; v in paragraph (2), the definition of "special negotiating body" were to a special negotiating body reconvened after exit day under regulation 17 (decision not to open, or to terminate, negotiations) of these regulations, as they have effect after exit day; d regulation 14 (negotiations to reach an employee involvement agreement) is to be read as if paragraphs (2) and (3) were omitted. 150 regulations 146 to 149 are without prejudice to the application otherwise, in these circumstances, of the remaining regulations of the 2009 gb regulations. 151 if an employee involvement agreement is not agreed following the reconvening of a special negotiating body, the standard rules on employee involvement in the schedule to the pre-exit 2009 gb regulations do not apply. 152 if an employee involvement agreement is agreed following the reconvening of a special negotiating body, the provisions of the 2009 gb regulations apply thereafter. provisions in respect of amendments made to the european public limited-liability company (employee involvement) (northern ireland) regulations 2009 153 1 despite the revocations and amendments made by these regulations, an employee who was a member of a special negotiating body before exit day - a may after exit day present a complaint to an industrial tribunal under regulation 28 (right to time off: complaints to tribunals) of the european public limited-liability company (employee involvement) (northern ireland) regulations 2009, that the employer - i has unreasonably refused to permit the employee to take time off as required under regulation 26 (right to time off for members of special negotiating body etc.), or ii has failed to pay the whole or any part of any amount to which the employee is entitled under regulation 27 (right to remuneration for time off under regulation 26), provided the complaint is in respect of a time off before exit day; b who is dismissed, is to be regarded as unfairly dismissed within the terms of regulation 29(2) and (3) (unfair dismissal), and regulation 30 (subsidiary provisions relating to unfair dismissal) applies accordingly, provided the reason (or, if more than one, the principal reason) for the dismissal occurred before exit day; c has the right not to be subjected to any detriment within the terms of regulation 31(2) and (3) (detriment), and regulation 32 (detriment: enforcement and subsidiary provisions) applies accordingly, provided the grounds for the detriment occurred before exit day. 154 in regulations 155 to 159 - "the pre-exit 2009 ni regulations" means the european public limited-liability company (employee involvement) (northern ireland) regulations 2009, as they had effect immediately before exit day; "the 2009 ni regulations" means the european public limited-liability company (employee involvement) (northern ireland) regulations 2009; "se" means a european public limited-liability company (or societas europaea) within the meaning of the ec regulation, as it had effect immediately before exit day. 155 despite the amendments and revocations made by these regulations, regulations 3 and 7 to 18 of the pre-exit 2009 ni regulations continue, on and after exit day, to have effect in relation to a special negotiating body reconvened under regulation 17 (decision not to open, or to terminate, negotiations) of the 2009 ni regulations, as appropriate and practicable and subject to the modifications in regulation 156. 156 the modifications to the pre-exit 2009 regulations are as follows - a references to "eea state", "an eea state" or "eea states" are to be read as though they were references to "relevant state", "a relevant state" or "relevant states"; b references to "se" or "se's" are to be read as if they were references to "uk societas" or "uk societas's" - i in regulation 3 (interpretation) - aa in paragraph (1), in the definitions of "employee involvement agreement" and "participation"; bb in paragraph (2), in the definitions of "information" and "consultation"; ii in regulation 15(2)(g) and (3a); iii in the definition of "reduction of participation rights" in regulation 16(3); and iv in regulation 17(3)(b), (4)(b)(ii) and (c)(ii); c otherwise, regulation 3 (interpretation) is to be read as if amended by these regulations, save as if - i in paragraph (1) the following definitions were not omitted - aa "absolute majority vote"; bb "agency worker"; cc "participation"; dd "se established by merger"; ee "se established by formation of a holding company or subsidiary company"; ff "se established by transformation"; gg "suitable information relating to the use of agency workers"; hh "two thirds majority vote"; ii "uk members of the special negotiating body"; ii the definition of "information and consultation representative" were omitted; iii after "participation" there were inserted - "relevant state" means an eea state or the united kingdom; ; aa for the definition of "se" there were substituted - "se" means a european public limited liability company (or societas europaea) within the meaning of the ec regulation, as it had effect immediately before exit day; ; iv in paragraph (2), the definition of "special negotiating body" were to a special negotiating body reconvened after exit day under regulation 17 (decision not to open, or to terminate, negotiations) of these regulations, as they have effect after exit day; d regulation 14 (negotiations to reach an employee involvement agreement) is to be read as if paragraphs (2) and (3) were omitted. 157 regulations 154 to 156 are without prejudice to the application otherwise, in these circumstances, of the remaining regulations of the 2009 ni regulations. 158 if an employee involvement agreement is not agreed following the reconvening of a special negotiating body, the standard rules on employee involvement in the schedule to the pre-exit 2009 ni regulations do not apply. 159 if an employee involvement agreement is agreed following the reconvening of a special negotiating body, the provisions of the 2009 ni regulations apply thereafter. kelly tolhurst minister for small business, consumers and corporate responsibility department for business, energy and industrial strategy 3rd december 2018

citation and commencement 1 these regulations may be cited as the school information (england) (amendment) regulations 2018 and come into force on 1st september 2018. amendment to the school information (england) regulations 2008 2 1 the school information (england) regulations 2008 are amended as follows. 2 in schedule 4 (specified information to be published on a school's website), after paragraph 14 insert - 15 1 in this paragraph - a "careers guidance" has the meaning given in section 42a(7) of the education act 1997("the 1997 act") ; b "careers programme" means the school's strategy, plans and arrangements for delivering careers guidance; and c "relevant phase" has the meaning given in section 42a(6) of the 1997 act . 2 information of the school's careers programme that relates to the delivery of careers guidance provided to pupils in the relevant phase of their education in accordance with section 42a of the 1997 act (provision of careers guidance in schools in england) and must include the following information for the academic year - a the name, email address and telephone number of the school's careers leader, being the individual who leads and co-ordinates the careers programme; b a summary of the careers programme including details as to how pupils, parents, teachers and employers may access information regarding the careers programme; c how the school measures and assesses the impact of the careers programme on pupils; d the date of the school's next review of the information published under this sub-paragraph. . anne milton minister of state department for education 26th march 2018

citation and commencement 1 1 this order may be cited as the test valley (electoral changes) order 2018. 2 this article and article 2 come into force on the day after the day on which this order is made. 3 the remainder of this order comes into force - a for the purpose of proceedings preliminary, or relating, to the election of councillors, on the day after the day on which it is made; b for all other purposes, on the ordinary day of election of councillors in england and wales in 2019. interpretation 2 1 in this order "the map" means the map marked "map referred to in the test valley (electoral changes) order 2018", held by the local government boundary commission for england . 2 where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature. wards of the borough of test valley 3 1 the existing wards of the borough of test valley are abolished. 2 the borough of test valley is divided into 20 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 abbotts ann, andover, enham alamein, michelmersh & timsbury, smannell, romsey, romsey extra and valley park 4 1 the existing wards of the parishes of abbotts ann, andover, enham alamein, michelmersh & timsbury, smannell, romsey, romsey extra and valley park are abolished. 2 each of the parishes mentioned in paragraph (1) is divided into the parish wards listed in the entries in the second column of the table in schedule 2 which relate to that parish. 3 each parish ward comprises the area identified on the map by reference to the name of the parish ward. 4 the number of councillors to be elected for each parish ward is the number specified by the entry in the third column of the table in schedule 2 which relates to that parish ward. sealed with the seal of the local government boundary commission for england jolyon jackson chief executive local government boundary commission for england 15th january 2018

citation and commencement 1 this order may be cited as the electronic monitoring (responsible persons) (amendment) order 2018 and comes into force on 10th january 2019. amendment to the electronic monitoring (responsible persons) order 2018 2 1 article 3(a) of the electronic monitoring (responsible persons) order 2018 is amended as follows. 2 for sub-paragraph (ii), substitute - ii alcohol monitoring systems limited, lancashire gate, 21 tiviot dale, stockport, cheshire, sk1 1td (company number 07993509). iii buddi limited, talbot house, 17 church street, rickmansworth, hertfordshire, wd3 1de (company number 05308826). . rory stewart minister of state ministry of justice 26th november 2018

part 1 preliminary citation and commencement 1 1 this order may be cited as the silvertown tunnel order 2018. 2 subject to article 39 (application of part 4), this order comes into force on 31st may 2018. interpretation 2 1 in this order, unless otherwise stated - "the 1961 act" means the land compensation act 1961 ; "the 1965 act" means the compulsory purchase act 1965 ; "the 1968 act" means the port of london act 1968 ; "the 1980 act" means the highways act 1980 ; "the 1981 act" means the compulsory purchase (vesting declarations) act 1981 ; "the 1984 act" means the road traffic regulation act 1984 ; "the 1990 act" means the town and country planning act 1990 ; "the 1991 act" means the new roads and street works act 1991 ; "the 1999 act" means the greater london authority act 1999 ; "the 2004 act" means the traffic management act 2004 ; "the 2008 act" means the planning act 2008 ; "the 2009 act" means the marine and coastal access act 2009 ; "address" includes any number or address for the purposes of electronic transmission; "apparatus" has the same meaning as in part 3 of the 1991 act; "the authorised development" means the development described in schedule 1 (authorised development); "authorised person" means - a person acting in the course of that person's duties who - is an employee, agent, contractor or sub-contractor of tfl; or is authorised by tfl to exercise one or more of its functions under this order; or a constable, police community support officer, an officer of the driver and vehicle standards agency, an officer of the health and safety executive, person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the fire and rescue services act 2004 or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the police reform act 2002 , acting in the execution of that person's duties within the tunnels; "the blackwall tunnel" means the existing twin bore road tunnel under the river thames between blackwall and the greenwich peninsula and forming part of the a102 road, which is a gla road, as shown by solid green lines on the tunnels location and operational boundaries plans; "the blackwall tunnel approaches" means the northern and southern approaches to the blackwall tunnel, the linear extent of which is shown by dashed green lines on the tunnels location and operational boundaries plans; "the blackwall tunnel area" means the extent of the public highway comprised in and along the blackwall tunnel and the blackwall tunnel approaches; "the book of reference" means the document of that description set out in schedule 14 (documents to be certified) 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; "business day" means a day other than a saturday or sunday, which is not christmas day, good friday or a bank holiday under section 1 (bank holidays) of the banking and financial dealings act 1971 ; "carriageway" has the same meaning as in the 1980 act; "the charging policy" means the document described as the charging policies and procedures set out in schedule 14 certified by the secretary of state as the charging policies and procedures for the purposes of this order, or any revision of that document approved by the mayor of london under article 53 (the charging policy); "the classification of roads (classification) plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the classification of roads (classification) plans for the purposes of this order; "the classification of roads (designation) plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the classification of roads (designation) plans for the purposes of this order; "commence" means beginning to carry out any material operation (as defined in section 56(4) of the 1990 act) forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, and "commencement" is to be construed accordingly; "construct" includes execution, placing, altering, replacing, relaying and removal, and "construction" is to be construed accordingly; "cycle track" has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 act ; "dangerous goods" means a substance or article of which the international carriage by road is prohibited, or authorised on certain conditions, by annex a of the european agreement concerning the international carriage of dangerous goods by road as from time to time amended; "electronic transmission" means a communication transmitted - by means of an electronic communications network; or by other means but while in electronic form; "the engineering section drawings and plans" means the documents of that description set out in schedule 14 certified by the secretary of state as the engineering section drawings and plans for the purposes of this order; "the environmental statement" means the documents of that description set out in schedule 14 certified by the secretary of state as the environmental statement for the purposes of this order; "flood risk activity" has the same meaning as in the environmental permitting (england and wales) regulations 2016 ; "footpath" and "footway" have the same meaning as in the 1980 act; "the general arrangement plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the general arrangement plans for the purposes of this order; "the gla" means the greater london authority; "gla road" has the same meaning as in the 1980 act ; "highway", "highway authority" and "local highway authority" have the same meaning as in the 1980 act; "highways england" means highways england company limited (company no. 9346363); "the land plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the land plans for the purposes of this order; "the limits of deviation" means the limits of deviation referred to in article 5 (limits of deviation); "maintain" includes inspect, repair, adjust, alter, remove or reconstruct, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of "maintain" is to be construed accordingly; "mayoral development corporation" means a corporation established under section 198 of the localism act 2011 ; "the mmo" means the marine management organisation; "the monitoring and mitigation strategy" means the document of that description set out in schedule 14 certified by the secretary of state as the monitoring and mitigation strategy for the purposes of this order and which in particular contains commitments in respect of - traffic monitoring; air quality monitoring; noise monitoring; socio-economic monitoring; and the implementation of mitigation; "motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads and a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle; "the order land" means the land shown coloured pink and the land shown coloured blue on the land plans and described in the book of reference; "the order limits" means the order limits shown on the works plans; "owner", in relation to land, has the same meaning as in section 7 (interpretation) of the acquisition of land act 1981 ; "the pla" means the port of london authority; "the relevant planning authority" means the local planning authority for the land in question, being the council of the royal borough of greenwich or the council of the london borough of newham, as the case may be, or any successor to either of those councils as planning authority; "registered keeper" means the person in whose name a vehicle is registered under the vehicle excise and registration act 1994 ; "the rights of way and access plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the rights of way and access plans for the purposes of this order; "the silvertown tunnel" means the twin bore road tunnel to be constructed as work no. 1, and as shown by solid blue lines on the tunnels location and operational boundaries plans; "the silvertown tunnel approaches" means the northern and southern approaches to the silvertown tunnel, the linear extent of which is shown by dashed blue lines on the tunnels location and operational boundaries plans; "the silvertown tunnel area" means the extent of the public highway to be comprised in and along the silvertown tunnel and the silvertown tunnel approaches; "the special category land plan" means the plan of that description set out in schedule 14 certified by the secretary of state as the special category land plan for the purposes of this order; "statutory undertaker" means any statutory undertaker for the purposes of section 127(8) (statutory undertakers' land) of the 2008 act; "stig" means the silvertown tunnel implementation group, the consultative body established by article 66 (silvertown tunnel implementation group); "street" means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 act, together with land on the verge of a street or between two carriageways, and includes part of a street; "street authority", in relation to a street, has the same meaning as in part 3 of the 1991 act; "tfl" means transport for london, the body corporate established under section 154 of the 1999 act, of windsor house, 42 victoria street, london, sw1h 0tl; "traffic authority" has the same meaning as in section 121a of the 1984 act; "the traffic regulation measures (speed limits and restricted roads) plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the traffic regulation measures (speed limits and restricted roads) plans for the purposes of this order; "the traffic regulation measures (clearways and prohibitions) plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the traffic regulation measures (clearways and prohibitions) plans for the purposes of this order; "the tribunal" means the lands chamber of the upper tribunal; "tunnel services building" means a building constructed for the purpose of housing any plant and equipment, office, control centre or welfare facilities associated with the operation of the silvertown tunnel; "the tunnels areas" means the blackwall tunnel area and the silvertown tunnel area; "the tunnels" means the blackwall tunnel and the silvertown tunnel; "the tunnels location and operational boundaries plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the tunnels location and operational boundaries plans for the purposes of this order; "watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and "the works plans" means the plans of that description set out in schedule 14 certified by the secretary of state as the works plans for the purposes of this order. 2 references in this order to tfl include any wholly-owned subsidiary (as defined in section 1159 of the companies act 2006 ) of tfl. 3 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 airspace above its surface and references in this order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the enjoyment of interests or rights and are for the benefit of land which is acquired under this order or is otherwise comprised in the order land. 4 all distances, directions and lengths referred to in this order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work. 5 for the purposes of this order, all areas described in square metres in the book of reference are approximate. 6 references in this order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plan to which the reference applies. 7 references in this order to numbered works are references to the works as numbered in schedule 1 (authorised development). part 2 works provisions principal powers disapplication of legislation, etc. 3 1 the following enactments do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within any maintenance period defined in article 30(14) , any maintenance of any part of the authorised development - a metropolis management (thames river prevention of floods) amendment act 1879 , subject to paragraph (3) ; b metropolitan board of works (various powers) act 1882 ; c london county council (general powers) act 1907 ; d london overground wires &c. act 1933 ; e london county council (general powers) act 1957 ; f london county council (general powers) act 1961 ; g london county council (general powers) act 1962 ; h sections 66 to 75 of the 1968 act; i greater london council (general powers) act 1970 ; j thames barrier and flood prevention act 1972 ; k thames water authority land drainage byelaws 1981; l greater london council (general powers) act 1986 ; m section 24 (restrictions on abstraction) of the water resources act 1991 ; n the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6a of schedule 25 to the water resources act 1991; o regulation 12 (requirement for environmental permit) of the environmental permitting (england and wales) regulations 2016 in respect of a flood risk activity only; and p the provisions of the neighbourhood planning act 2017 in so far as they relate to temporary possession of land under articles 29 and 30 of this order. 2 despite the provisions of section 208 (liability) of the 2008 act, for the purposes of regulation 6 of the community infrastructure levy regulations 2010 any building comprised in the authorised development is deemed to be - a a building into which people do not normally go; or b a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery. 3 the disapplication of the metropolis management (thames river prevention of floods) amendment act 1879 by paragraph (1)(a) does not affect the environment agency's ability to use the powers vested in it under that act against any person, other than tfl and any other person exercising a power under this order, provided that the use of those powers vested in the agency does not interfere with the construction of the authorised development. 4 following the expiry of any maintenance period defined in article 30(14) , the requirement under section 70 (works not to be constructed, etc., without works licence) of the 1968 act to obtain a works licence under section 66 (licensing of works) of that act does not apply to anything done within any structure forming part of the authorised development in connection with its operation or maintenance or any other function of tfl. development consent granted by the order 4 1 subject to the provisions of this order, including the requirements in schedule 2 (requirements), tfl is granted development consent for the authorised development. 2 any enactment applying to land within, adjoining or sharing a common boundary with the order limits (other than land comprising part of the river thames outside of the order limits) has effect subject to the provisions of this order. limits of deviation 5 1 subject to paragraph (2) , tfl must construct the authorised development within the order limits and, so far as all non-linear works comprised in the authorised development are concerned, within the limits of deviation for those works shown on the works plans. 2 in constructing or maintaining the authorised development, tfl may deviate - a laterally within the order limits in the case of any linear work comprised in the authorised development, so that the centre line of that work may be situated up to 3 metres either side of the centre line of that work shown on the works plans; and b vertically from the levels shown on the engineering section drawings and plans - i to any extent upwards not exceeding 0.5 metres except in relation to the parts of the authorised development referred to in column (1) of the table below, where the extent of permitted deviation for each such part is set out in column (2) of that table; and ii to any extent downwards as may be found to be necessary or convenient. (1) part of authorised development (2) upwards vertical deviation limit work nos. 1(a), 1(b), 1(c) and 1(e) (1) where any part of the authorised development referred to in column (1) is located below the bed of the river thames, to any extent not exceeding 1.5 metres provided that the deviation would not result in the level of the bed within the navigable channel of the river thames being above 5.80 metres below chart datum. (2) where any part of the authorised development referred to in column (1) is located elsewhere, to any extent not exceeding 3 metres. 3 without limitation on the scope of paragraph (1) , in constructing or maintaining the authorised development tfl may - a deviate by up to 3 metres from the points of commencement and termination of any linear work comprised in the authorised development shown on the works plans; and b deviate from the design of any tunnel or tunnel structure and vary the number of tunnel cross-passages shown on the engineering section drawings and plans. 4 in this article, reference to - a a "linear work" is a reference to any work shown on the works plans by way of a centre line; and b a "non-linear work" is a reference to any other work shown on the works plans. streets street works 6 1 tfl may, for the purposes of the authorised development, enter on so much of any street and may - a break up or open the street, or any sewer, drain or tunnel under it; b tunnel or bore under the street; c place apparatus in the street; d maintain apparatus in the street or change its position; and e execute any works required for or incidental to any works referred to in sub-paragraphs (a) , (b) , (c) and (d) . 2 the authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 act. 3 tfl must not carry out works to any street under paragraph (1) for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent. application of the 1991 act 7 1 works executed under this order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of part 3 (street works in england and wales) of the 1991 act as major highway works if - a they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (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 are, in relation to works which are major highway works by virtue of paragraph (1) , to be construed as references to tfl. 3 the following provisions of the 1991 act do not apply in relation to any works executed under the powers of 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 tfl under the powers conferred by article 10 (temporary stopping up and restriction of use 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 75 (inspection fees); section 76 (liability for cost of temporary traffic regulation); and 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 nothing in article 8 (construction and maintenance of new, altered or diverted streets) - a affects the operation of section 87 (prospectively maintainable highways) of the 1991 act, and tfl is not by reason of any duty under that article to maintain a street to be taken to be the street authority in relation to that street for the purposes of part 3 of that act; or b has effect in relation to street works as respects which the provisions of part 3 of the 1991 act apply. construction and maintenance of new, altered or diverted streets 8 1 any street (other than a gla road) constructed under this order must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed in writing with the street authority, must be maintained by and at the expense of tfl for a period of 12 months from its completion and thereafter by the street authority. 2 where a street (other than a gla road) is altered or diverted under this order, the altered or diverted part of the street must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed in writing with the street authority, that part of the street must be maintained by and at the expense of tfl for a period of 12 months from its completion and thereafter by the street authority. 3 where land not previously part of the public highway comes to form part of the public highway by virtue of the construction, diversion or alteration of a street under this order, unless otherwise agreed with the street authority the land is deemed to have been dedicated as public highway on the expiry of a period of 12 months from completion of the street that has been constructed, altered or diverted. 4 in any action against tfl in respect of loss or damage resulting from any failure by tfl to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that tfl had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic. 5 for the purposes of a defence under paragraph (4) , the court must in particular have regard to the following matters - a the character of the street and the traffic which was reasonably to be expected to use it; b the standard of maintenance appropriate for a street of that character and used by such traffic; c the state of repair in which a reasonable person would have expected to find the street; d whether tfl knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and e where tfl could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant to prove that tfl had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that tfl had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions. 6 the date of completion of any works referred to in paragraphs (1) and (2) is to be agreed between tfl and the street authority, acting reasonably. permanent stopping up of streets and private means of access 9 1 subject to the provisions of this article, tfl may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in columns (1) and (2) of parts 1, 2, 3 and 4 of schedule 3 (permanent stopping up of highways and private means of access) to the extent specified and described in column (3) of those parts of that schedule. 2 no street or private means of access specified in columns (1) and (2) of parts 1 and 3 of schedule 3 (being a street or private means of access to be stopped up for which a substitute is to be provided) is to be wholly or partly stopped up under this article unless - a the new street or private means of access to be constructed and substituted for it, which is specified in column (4) of that part of that schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or b a temporary alternative route for the passage of such traffic as could have used the street or private means of access to be stopped up is first provided and subsequently maintained by tfl, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a) . 3 no street or private means of access specified in columns (1) and (2) of parts 2 and 4 of schedule 3 (being a street or private access to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all of the land which abuts on either side of the street or private means of access to be stopped up. 4 the condition referred to in paragraph (3) is that - a tfl is in possession of the land; b there is no right of access to the land from the street or private means of access concerned; c there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or d the owners and occupiers of the land have agreed to the stopping up. 5 not less than 28 days prior to the stopping up of each section of highway identified in columns 1 to 3 of parts 1 and 2 of schedule 3 tfl must erect a notice upon the highway at, or as close as reasonably practicable to, each point of stopping up, specifying the date and extent of the stopping up and, in the case of a highway mentioned in part 1 of schedule 3, giving details of the substitute or new highway to be provided. 6 where a street or private means of access has been stopped up under this article - a all rights of way over or along the street or private means of access so stopped up are extinguished; and b tfl may appropriate and use for the purposes of the authorised development so much of the site of the street or private means of access as is bounded on both sides by land owned by tfl. 7 any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under part 1 (determination of questions of disputed compensation) of the 1961 act. 8 this article is subject to article 32 (apparatus and rights of statutory undertakers in stopped up streets). temporary stopping up and restriction of use of streets 10 1 tfl may, during and for the purposes of carrying out the authorised development, 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 (3) , prevent all persons from passing along the street. 2 without limitation on the scope of paragraph (1) , tfl may use any street temporarily stopped up under the powers conferred by this article and lying within the order limits as a temporary working site. 3 tfl must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access. 4 tfl must not temporarily stop up, alter or divert any street for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent. 5 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 (determination of questions of disputed compensation) of the 1961 act. access to works 11 tfl may, for the purposes of the authorised development and with the consent of the street authority, form and lay out such other means of access or improve existing means of access, at such locations within the order limits as tfl reasonably requires for the purposes of the authorised development. agreements with street authorities 12 1 a street authority and tfl may enter into agreements with respect to - a the construction of any new street including any structure carrying the street, whether or not over or under any part of the authorised development; b the strengthening or improvement of any street under the powers conferred by this order; c the maintenance of any street or of the structure of any bridge or tunnel carrying a street over or under the authorised development; d any stopping up, alteration or diversion of a street under the powers conferred by this order; e the execution in the street of any of the authorised development; or f any such works as the parties may agree. 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; b include an agreement between tfl and the street authority specifying a reasonable time for completion of the works; c provide for the dedication of any new street as public highway further to section 38 (power of highway authorities to adopt by agreement) of the 1980 act; and d contain such terms as to payment and otherwise as the parties consider appropriate. use of private roads for construction 13 1 tfl may use any private road within the order limits 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 development. 2 tfl 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. supplemental powers discharge of water 14 1 subject to paragraphs (3) and (4) , tfl may use any watercourse, public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the order limits, make openings into, and connections with, the watercourse, public sewer or drain. 2 any dispute arising from the making of connections to or the use of a public sewer or drain by tfl under paragraph (1) 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 tfl must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs, whose consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld or delayed. 4 tfl must not make any opening into any public sewer or drain except - a in accordance with plans approved by the person to whom the sewer or drain belongs; and b where that person has been given the opportunity to supervise the making of the opening. 5 tfl must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 6 nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the environmental permitting (england and wales) regulations 2016 . 7 in this article - a "public sewer or drain" means a sewer or drain which belongs to the gla, the homes and communities agency, the environment agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker, a mayoral development corporation or an urban development corporation; and b other expressions, excluding watercourse, used both in this article and in the water resources act 1991 , have the same meaning as in that act. protective works to buildings 15 1 subject to the following provisions of this article, tfl may at its own expense and from time to time carry out such protective works to any building lying within the order limits as tfl considers necessary or expedient. 2 protective works may be carried out - a at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or b after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for public use. 3 subject to paragraph (5) , for the purpose of determining how the functions under this article are to be exercised tfl may enter and survey - a any building falling within paragraph (1) and any land within its curtilage; and b where necessary or expedient, land which is adjacent to the building falling within paragraph (1) but outside its curtilage (whether or not such adjacent land is inside or outside the order limits), and place on, leave on and remove from the land monitoring apparatus. 4 for the purpose of carrying out protective works to a building under this article tfl may (subject to paragraphs (5) and (6) ) - a enter the building (and any land within its curtilage); and b where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (whether or not such adjacent land is inside or outside the order limits) but not any building erected on it, and in either case tfl 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 (and land within its curtilage) or land; c a right under paragraph (4)(a) to enter and take possession of a building (and land within its curtilage); or d a right under paragraph (4)(b) to enter and take possession of land, tfl 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 a notice is served under paragraph (5)(a) , (5)(c) or (5)(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 of whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 68 (arbitration). 7 tfl must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights. 8 where - a protective works are carried out under this article to a building; and b within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for public use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development, tfl must compensate the owners and occupiers of the building for any loss or damage sustained by them. 9 without affecting article 38 (no double recovery), nothing in this article relieves tfl from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 act. 10 any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under part 1 (determination of questions of disputed compensation) of the 1961 act. 11 subject to paragraph (6), section 13 (refusal to give possession to acquiring authority) of the 1965 act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 act. 12 in this article "protective works" in relation to a building means - a underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development; b any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development; and c any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk of such operation being disrupted. authority to survey and investigate land 16 1 tfl may for the purposes of this order enter on - a any land within the order limits; and b where reasonably necessary, any land which is adjacent to but outside the order limits, and - i survey or investigate the land; ii without limitation to the scope of sub-paragraph (i) , make trial holes in such positions on the land as tfl thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; iii without limitation to the scope of sub-paragraph (i) , carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and iv place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 2 no land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land. 3 any person entering land under this article on behalf of tfl - a must, if so required, before or after entering the land, produce written evidence of their 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 the trial holes. 4 no trial holes are to be made under this article - a in land located within the highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority. 5 tfl 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 (determination of questions of disputed compensation) of the 1961 act. 6 section 13 (refusal to give possession to acquiring authority) of the 1965 act applies to the entry onto land under this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 act. work in the river thames: conditions 17 1 construction of the authorised development must be carried out so that - a at any time, the suspension of the public right of navigation under articles 29(3) (temporary use of land for carrying out the authorised development) or 30(3) (temporary use of land for maintaining the authorised development) applies to no more of the river than is necessary in the circumstances; and b if it becomes necessary for such suspension to relate to the whole width of the river within the order limits, all reasonable steps are taken to secure that the period of suspension is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part where the public right of navigation is so suspended. 2 not later than 40 business days prior to the proposed commencement date of any suspension of the public right of navigation under article 29(3) or 30(3) , tfl must give notice to the pla, except in the case of an emergency when tfl must give such notice as is reasonably practicable. 3 a notice given under paragraph (2) must provide details of the proposed suspension, including particulars of - a commencement date; b duration; and c the affected area, and must include an explanation of the need for the proposed suspension. 4 any suspension of the public right of navigation under article 29(3) or 30(3) must not take place except in accordance with the approval in writing given by the pla and any conditions imposed by the pla under this article or determined in accordance with article 68 (arbitration). 5 the pla may in relation to any application for approval under this paragraph (4) impose reasonable conditions for any purpose described in paragraph (6) . 6 conditions imposed under paragraph (5) may include conditions as to - a the limits of any area subject to a temporary suspension of the public right of navigation; b the duration of any temporary suspension; c the means of marking or otherwise providing warning in the river thames of any area affected by a temporary suspension of the public right of navigation; and d the use by tfl of the area subject to any temporary suspension so as not to interfere with any other part of the river thames or affect its use. 7 following an approval of any such suspension given by the pla under paragraph (4) or determined in accordance with article 68 , the pla must issue a notice to mariners within 10 business days of the approval, giving the commencement date and other particulars of the suspension to which the approval relates, and that suspension will take effect on the date specified and as otherwise described in the notice. 8 subject to paragraph (9) , an application for approval under this article is deemed to have been refused if it is neither given nor refused within 30 business days of the pla receiving the notice under paragraph (2) . 9 an approval of the pla under this article is not deemed to have been unreasonably withheld, and approval is not deemed to have been refused, if approval within the time limited by paragraph (8) has not been given pending the outcome of any consultation on the approval in question that the pla is obliged to carry out in the proper exercise of its functions. 10 except in the case of an emergency, tfl must notify the owner of any mooring and the owner or master of any vessel or structure likely to be materially affected by any proposal to exercise the powers conferred by this order at least 35 days before the exercise of those powers. 11 if - a by reason of the exercise of the powers conferred by this order it is reasonably necessary for the owner of any mooring to incur costs in temporarily or permanently altering, removing, re-siting, repositioning or reinstating that mooring, or laying down and removing substituted moorings or buoys, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and b the owner of the mooring in question gives to tfl not less than 28 days' notice of its intention to incur such costs, and acting reasonably takes into account any representations which tfl may make in response to the notice within 14 days of the receipt of the notice, tfl must pay the costs reasonably so incurred by the owner of that mooring. 12 a person may not without the consent in writing of tfl (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 development; 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 development. felling or lopping of trees 18 1 tfl may fell or lop any tree or shrub within or overhanging land within the order limits, or cut back its roots, if tfl reasonably believes it to be necessary to do so to prevent the tree or shrub - a from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or b from constituting a danger to persons using the authorised development. 2 in carrying out any activity authorised by paragraph (1) , tfl must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity. 3 any dispute as to a person's entitlement to compensation under paragraph (2) , or as to the amount of compensation, is to be determined under part 1 (determination of questions of disputed compensation) of the 1961 act. part 3 powers of acquisition and possession of land powers of acquisition compulsory acquisition of land 19 1 tfl may acquire compulsorily so much of the order land as is required for the authorised development, or to facilitate it, or as is incidental to it. 2 this article is subject to article 22 (2) (compulsory acquisition of rights), article 27 (2) (acquisition of subsoil, etc., only) and article 29 (temporary use of land for carrying out the authorised development). compulsory acquisition of land - incorporation of the minerals code 20 parts 2 and 3 of schedule 2 (minerals) to the acquisition of land act 1981 are incorporated into this order subject to the modifications that - a paragraph 8(3) is not incorporated; and b for "the acquiring authority" substitute "tfl". time limit for exercise of powers to possess land temporarily or to acquire land compulsorily 21 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 (compulsory purchase under acquisition of land act of 1946) of the 1965 act; and b no declaration is to be executed under section 4 (execution of declaration) of the 1981 act as applied by article 26 (application of the 1981 act), in relation to any part of the order land. 2 the authority conferred by article 29 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1) , except that nothing in this paragraph prevents tfl from remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. compulsory acquisition of rights 22 1 subject to paragraphs (2) , (3) and (5) , tfl may acquire such rights over the order land or impose restrictive covenants affecting the land as may be required for any purpose for which that land may be acquired under article 19 (compulsory acquisition of land), by creating them as well as acquiring rights already in existence. 2 in the case of the order land specified in columns (1) and (2) of schedule 4 (land in which only new rights etc., may be acquired) tfl's powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants as tfl may require for or in connection with the authorised development. 3 subject to schedule 2a (counter-notice requiring purchase of land) to the 1965 act (as substituted by paragraph 10 of schedule 5 (modification of compensation and compulsory purchase enactments for creation of new rights), where tfl acquires a right over land or the benefit of a restrictive covenant , tfl is not required to acquire a greater interest in that land. 4 schedule 5 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 act in their application to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant. 5 tfl may not under paragraph (1) impose restrictive covenants affecting the land situated within any of the regions mentioned in article 52 . private rights over land 23 1 subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this order are extinguished - a from the date of acquisition of the land by tfl, whether compulsorily or by agreement; or b on the date of entry onto the land by tfl under section 11(1) (powers of entry) of the 1965 act, whichever is the earlier. 2 subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or burden of the restrictive covenant - a from the date of the acquisition of the right or the benefit of the restrictive covenant by tfl, whether compulsorily or by agreement; or b on the date of entry onto the land by tfl under section 11(1) of the 1965 act (power of entry), whichever is the earlier. 3 subject to the provisions of this article, all private rights over any part of the order land that is vested in or acquired by tfl are extinguished on commencement of any activity authorised by this order which interferes with or breaches those rights. 4 subject to the provisions of this article, all private rights over land of which tfl takes temporary possession under this order are suspended and unenforceable for as long as tfl remains in lawful possession of the land. 5 any person who suffers loss by the extinguishment or suspension of any private right or by the imposition of any restrictive covenant under this article is entitled to compensation to be determined, in case of dispute, under part 1 (determination of questions of disputed compensation) of the 1961 act. 6 this article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 act or article 31 (statutory undertakers) applies. 7 paragraphs (1) to (4) have effect subject to - a any notice given by tfl before - i the completion of the acquisition of the land or the acquisition of the rights or the imposition of restrictive covenants over or affecting the land; ii tfl's appropriation of it; iii tfl's entry onto it; or iv tfl's taking temporary possession of it, that any or all of those paragraphs do not apply to any right specified in the notice; and b any agreement made at any time between tfl and the person in or to whom the right in question is vested or belongs. 8 if any such agreement as is referred to in paragraph (7)(b) - a is made with a person in or to whom the right is vested or belongs; and b is expressed to have effect also for the benefit of those deriving title from or under that person, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 9 references in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect. power to override easements and other rights 24 1 any authorised activity which takes place on land within the order limits (whether the activity is undertaken by tfl or by any person deriving title from tfl or by any contractors, servants or agents of tfl) is authorised by this order if it is done in accordance with the terms of this order, notwithstanding that it involves - a an interference with an interest or right to which this article applies; or b a breach of a restriction as to the user of land arising by virtue of a contract. 2 in this article "authorised activity" means - a the erection, construction or maintenance of any part of the authorised development; b the exercise of any power authorised by this order; or c the use of any land (including the temporary use of land). 3 the interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract. 4 where an interest, right or restriction is overridden by paragraph (1) , compensation - a is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection) of the 1965 act; and b is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where - i the compensation is to be estimated in connection with a purchase under that act; or ii the injury arises from the execution of works on or use of land acquired under that act. 5 where a person deriving title under tfl by whom the land in question was acquired - a is liable to pay compensation by virtue of paragraph (4) ; and b fails to discharge that liability, the liability is enforceable against tfl. 6 nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article. modification of part 1 of the 1965 act 25 1 part 1 of the 1965 act, as applied to this order by section 125 (application of compulsory acquisition provisions) of the 2008 act, is modified as follows. 2 in section 4a(1) (extension of time limit during challenge) for "section 23 of the acquisition of land act 1981 (application to high court in respect of compulsory purchase order), the three year period mentioned in section 4" substitute "section 118 of the planning act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 21 (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily) of the silvertown tunnel order 2018 ". 3 in section 11a (powers of entry: further notice of entry) - a in subsection (1)(a), after "land" insert "under that provision"; b in subsection (2), after "land" insert "under that provision". 4 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 21 of the silvertown tunnel order 2018". 5 in schedule 2a (counter-notice requiring purchase of land not in notice to treat) - a for paragraphs 1(2) and 14(2) substitute - 2 but see article 27(4) (acquisition of subsoil, etc., only) of the silvertown tunnel order 2018, which excludes the acquisition of subsoil or airspace only from this schedule ; and b after paragraph 29, end insert - part 4 interpretation 30 in this schedule, references to entering on and taking possession of land do not include doing so under article 15 (protective works to buildings), 29 (temporary use of land for carrying out the authorised development) or 30 (temporary use of land for maintaining the authorised development) of the silvertown tunnel order 2018. application of the 1981 act 26 1 the 1981 act applies as if this order were a compulsory purchase order. 2 the 1981 act, as applied by paragraph (1), has effect with the following modifications. 3 in section 1 (application of act) for subsection (2) substitute - 2 this section applies to any minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order. 4 in section 5 (earliest date for execution of declaration), in subsection (2), omit the words from ", and this subsection" to the end. 5 omit section 5a (time limit for general vesting declaration). 6 in section 5b (extension of time limit during challenge) for "section 23 of the acquisition of land act 1981 (application to high court in respect of compulsory purchase order), the three year period mentioned in section 5a" substitute "section 118 (legal challenges relating to applications for orders granting development consent) of the planning act 2008, the five year period mentioned in article 21 of the silvertown tunnel order 2018". 7 in section 6 (notices after execution of declaration), in subsection (1)(b), for "section 15 of, or paragraph 6 of schedule 1 to, the acquisition of land act 1981" substitute "section 134 (notice of authorisation of compulsory acquisition) of the planning act 2008". 8 in section 7 (constructive notice to treat) in subsection (1)(a), omit "(as modified by section 4 of the acquisition of land act 1981)". 9 in schedule a1 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute - 2 but see article 27(4) (acquisition of subsoil, etc., only) of the silvertown tunnel order 2018 , which excludes the acquisition of subsoil or airspace only from this schedule. 10 references to the 1965 act in the 1981 act are to be construed as references to the 1965 act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 act (and as modified by article 25 (modification of part 1 of the 1965act)) to the compulsory acquisition of land under this order. acquisition of subsoil, etc., only 27 1 tfl may acquire compulsorily so much of, or such rights over, the subsoil of and airspace over the land referred to in paragraph (1) of article 19 (compulsory acquisition of 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 in the case of the order land specified in columns (1) and (2) of schedule 6 (land in which only subsoil or new rights above subsoil and surface may be acquired) tfl's powers of compulsory acquisition under article 19 are limited to - a the acquisition of such subsoil; and b the acquisition of such easements or other new rights and the imposition of restrictive covenants in the remaining subsoil and the surface of the land, as tfl may require for or in connection with the authorised development. 3 where tfl acquires any part of, or rights over, the subsoil or surface of or airspace over land referred to in paragraphs (1) or (2) , tfl is not required to acquire an interest in any other part of the land. 4 the following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only - a schedule 2a (counter-notice requiring purchase of land not in notice to treat) to the 1965 act; b schedule a1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 act; and c section 153(4a) (blighted land: proposed acquisition of part interest; material detriment test) of the town and country planning act 1990. 5 paragraphs (3) and (4) are to be disregarded where tfl acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory. 6 references in paragraph (2)(a) to subsoil are references to the subsoil lying at and below the depths specified in column (3) of schedule 6 beneath the level of the surface of the land, and references to the remaining subsoil in paragraph (2)(b) are references to the part of the subsoil lying above the shallowest part of the subsoil acquired under paragraph (2)(a) but below the level of the surface of the land. 7 for the purposes of paragraph (6) "the level of the surface of the land" means - a in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building; b in the case of a river, dock, canal, navigation, watercourse or other water area, the level of the surface of the ground covered by water; or c in any other case, ground surface level, at the time of this order coming into force. rights over or under streets 28 1 tfl may enter on, appropriate and use so much of the subsoil of, or airspace over, any street within the order limits as may be required for the purposes of the authorised development. 2 subject to paragraph (3) , tfl may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street. 3 paragraph (2) does not apply in relation to - a any subway or underground building; or b any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street. 4 subject to paragraph (5) , any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without tfl acquiring any part of that person's interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under part 1 of the 1961 act. 5 compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing 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 use of land for carrying out the authorised development 29 1 tfl may, in connection with the carrying out of the authorised development but subject to article 21(1) (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily) - a enter on and take temporary possession of - i the land specified in columns (1) and (2) of schedule 7 (land of which only temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that schedule relating to the part of the authorised development specified in column (4) of that schedule; and ii any of the order land 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 rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 act; b remove any buildings and vegetation from that land; c construct temporary works (including the provision of means of access) and buildings on that land; d construct any works on that land as are mentioned in schedule 1 (authorised development); and e provide any temporary car parking or storage facilities on that land for the benefit of landowners or occupiers temporarily displaced as a result of the carrying out of the authorised development. 2 tfl's temporary possession of any part of the river thames under paragraph (1) is limited to what is reasonably necessary for tfl safely to construct the authorised development but tfl is not permitted by this article to take temporary possession of the entire width of the river thames within the order limits except in an emergency. 3 at times and places where tfl has taken temporary possession of any part of the river thames under this article, on the coming into effect of a notice to mariners in accordance with article 17(7) (work in the river thames: conditions), the public right of navigation over that part of the river thames is suspended and unenforceable against the pla. 4 any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by tfl, to be determined, in case of dispute, under part 1 of the 1961 act. 5 not less than 14 days before entering on and taking temporary possession of land under this article tfl must serve notice of the intended entry on the owners and occupiers of the land and that notice must state the works, facilities or other purpose for which tfl intends to take possession of the land. 6 tfl 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 any land specified in paragraph (1)(a)(i) , after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (4) of schedule 7; or b in the case of any land referred to in paragraph (1)(a)(ii) , after the end of the period of one year beginning with the date of completion of the works, use of facilities or other purpose for which temporary possession of the land was taken unless tfl has, by the end of that period, served a notice of entry under section 11 of the 1965 act or made a declaration under section 4 of the 1981 act in relation to that land. 7 before giving up possession of land of which temporary possession has been taken under this article, tfl must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but tfl is not required to - a replace a building removed under this article; b restore the land on which any permanent works have been constructed under paragraph (1)(d) ; c remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development; or d remove any measures installed over or around statutory undertakers' apparatus to protect that apparatus from the authorised development. 8 tfl must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article. 9 any dispute as to a person's entitlement to compensation under paragraph (8) , or as to the amount of the compensation, is to be determined under part 1 (determination of questions of disputed compensation) of the 1961 act. 10 nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 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 (8) and nothing in this article affects any liability to pay compensation to the pla under paragraph 49 of schedule 13 (protective provisions). 11 where tfl takes possession of land under this article, tfl is not required to acquire the land or any interest in it. 12 section 13 (refusal to give possession to acquiring authority) of the 1965 act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 act. temporary use of land for maintaining the authorised development 30 1 subject to paragraph (5) , at any time during the maintenance period relating to any of the authorised development, tfl may - a enter upon and take temporary possession of any land within the order limits if possession is reasonably required for the purpose of maintaining the authorised development; b enter on any land within the order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and c 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 tfl's temporary possession of any part of the river thames under paragraph (1) is limited to what is reasonably necessary for tfl safely to carry out any maintenance of the authorised development but tfl is not permitted by this article to take temporary possession of the entire width of the river thames within the order limits except in an emergency. 3 at times and places where tfl has taken temporary possession of any part of the river thames under this article, on the coming into effect of a notice to mariners in accordance with article 17(7) (work in the river thames: conditions) the public right of navigation over that part of the river thames will be suspended and unenforceable against the pla. 4 any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by tfl, to be determined, in case of dispute, under part 1 of the 1961 act. 5 paragraph (1) does not authorise tfl 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. 6 not less than 28 days before entering upon and taking temporary possession of land under this article tfl must serve notice of the intended entry on the owners and occupiers of the land and that notice must state the purpose for which tfl intends to take possession of the land including the particulars of the part of the authorised development for which possession is to be taken. 7 tfl may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken. 8 before giving up possession of land of which temporary possession has been taken under this article, tfl must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land. 9 tfl 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. 10 any dispute as to a person's entitlement to compensation under paragraph (9) , or as to the amount of the compensation, is to be determined under part 1 (determination of questions of disputed compensation) of the 1961 act. 11 nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 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 (9) and nothing in this article affects any liability to pay compensation to the pla under paragraph 49 of schedule 13 (protective provisions). 12 where tfl takes possession of land under this article, it is not required to acquire the land or any interest in it. 13 section 13 (refusal to give possession to the acquiring authority) of the 1965 act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 act. 14 in this article "the maintenance period", in relation to any part of the authorised development, means the period of 5 years beginning with the date on which - a that part of the authorised development is first opened for public use (where that part of the authorised development is intended to be used by the public); or b in respect of any other part of the authorised development, that part is first brought into operational use by tfl. supplementary statutory undertakers 31 1 subject to the provisions of article 22(2) (compulsory acquisition of rights), schedule 13 (protective provisions) and paragraph (2) , tfl may - a exercise the powers conferred by articles 19 (compulsory acquisition of land) and 22 (compulsory acquisition of rights) in relation to so much of the order land as belongs to statutory undertakers; and b extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers over or within the order land. 2 paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply - a part 3 (street works in england and wales) of the 1991 act; or b article 32 (apparatus and rights of statutory undertakers in stopped up streets). apparatus and rights of statutory undertakers in stopped up streets 32 1 where a street is stopped up under article 9 (permanent stopping up of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this order had not been made. 2 where a street is stopped up under article 9 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by tfl must - a remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or b provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a) . 3 subject to the following provisions of this article, tfl must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with - a the execution of the relocation works required in consequence of the stopping up of the street; and b the doing of any other work or thing rendered necessary by the execution of the relocation works. 4 if in the course of the execution of relocation works under paragraph (2) - a apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or b apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by tfl, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess. 5 for the purposes of paragraph (4) - a an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and b where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined. 6 an amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4) ) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit. 7 paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of part 3 of the 1991 act, but instead - a the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that act and any regulations for the time being having effect under that section; and b the allowable costs are to be borne by tfl and the statutory utility in such proportions as may be prescribed by any such regulations. 8 in this article - "relocation works" means work executed, or apparatus provided, under paragraph (2) ; and "statutory utility" means a statutory undertaker for the purposes of the 1990 act or a public communications provider as defined in section 151(1) (interpretation) of the communications act 2003 . recovery of costs of new connection 33 1 where any apparatus of a public utility undertaker or of a public communications provider is removed under article 31 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from tfl compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 2 paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 31 , any person who is - a the owner or occupier of premises the drains of which communicated with that sewer; or b the owner of a private sewer which communicated with that sewer, is entitled to recover from tfl compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant. 3 this article does not have effect in relation to apparatus to which article 32 (apparatus and rights of statutory undertakers in stopped up streets) or part 3 of the 1991 act applies. 4 in this article - "public communications provider" has the same meaning as in section 151(1) (interpretation) of the communications act 2003; and "public utility undertaker" means a gas, water, electricity or sewerage undertaker. special category land 34 1 on the exercise by tfl of the relevant order powers, so much of the special category land as is required for the purposes of the exercise of those rights is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise of the relevant order powers. 2 in this article - "the relevant order powers" means powers exercisable over the special category land by tfl under article 22 (compulsory acquisition of rights); and "the special category land" means the land identified as forming open space and numbered 03-021, 03-029, 03-037, 03-037b and 03-037c in the book of reference and on the special category land plan. disposals by the greater london authority 35 1 the following are not to be regarded as a disposal by the gla for the purposes of section 333zc (disposal etc of land held for housing and regeneration purposes) of the 1999 act - a the making of any agreement between tfl and the gla before this order comes into force in anticipation of the exercise of the powers of this order by tfl; b the implementation of any such agreement; and c the exercise of the powers of this order by tfl in accordance with that agreement. 2 in this article the gla includes a company or body through which the gla exercises functions in relation to housing or regeneration. 3 paragraph (1)(a) does not apply to a subsequent variation of any agreement made between tfl and the gla before this order comes into force. compensation disregard of certain interests and improvements 36 1 in assessing the compensation payable to any person on the acquisition from that person of any land or right over 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 as part of the authorised development was not reasonably necessary and was undertaken with a view to 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 as part of the authorised development, directly or indirectly concerned. set-off for enhancement in value of retained land 37 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 development. 2 in assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 22 (compulsory acquisition of rights), 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 development. 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. no double recovery 38 compensation is not payable in respect of the same matter both under this order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this order. part 4 operational provisions application of part 4 39 1 articles 42 (power to operate and use the tunnels) and 43 (closing the tunnels) only apply and have effect from the date the silvertown tunnel is first opened for public use. 2 articles 44 (removal of motor vehicles) to 46 (dangerous goods), 48 (byelaws relating to the silvertown tunnel area and the blackwall tunnel area) and 49 (fixed penalty notices) only apply - a to the blackwall tunnel area from the date of the commencement of construction of the silvertown tunnel; and b to the silvertown tunnel area from the date the silvertown tunnel is first opened for public use. 3 for the purposes of this part the date of commencement of construction of the silvertown tunnel is the date specified in a notice published by tfl in the london gazette. maintenance of the authorised development 40 1 tfl may at any time maintain the authorised development. 2 paragraph (1) does not extend to any maintenance works which would give rise to any materially new or materially different environmental effects to those assessed in the environmental statement. 3 on the expiry of any maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development) in respect of any part of the authorised development, but subject to article 3(4) (disapplication of legislation, etc.), sections 66 (licensing of works) to 75 (lands above mean high water level) of the 1968 act apply to the exercise of the powers of this article in relation to that part. local legislation relating to the blackwall tunnel 41 the provisions of the thames tunnel (blackwall) act 1887 and the london county council (tunnel and improvements) act 1938 , and any other local enactment relating to the blackwall tunnel area, have effect subject to the provisions of this order. power to operate and use the tunnels 42 tfl may operate and use the tunnels. closing the tunnels 43 1 tfl may, whenever in its opinion it is necessary to do so, close either or both of the tunnels, whether wholly or partially. 2 where tfl proposes to close either or both of the tunnels, it must except in an emergency - a give not less than 7 days' notice in such manner as tfl considers appropriate; and b throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnels giving warning of the closure. 3 in this article "emergency" means any circumstance existing or imminent which tfl considers is likely to cause danger to - a persons or property, including the tunnels or any person in or using the tunnels; or b the environment. removal of motor vehicles 44 1 if any obstruction is caused by a motor vehicle waiting, loading, unloading or breaking down in the tunnels areas, the person in charge of the motor vehicle must immediately remove it; and if that person fails to do so an authorised person may take all reasonable steps to remove the obstruction. 2 an authorised person who removes a motor vehicle under paragraph (1) may do so by towing or driving the motor vehicle or in such other manner as the authorised person may think necessary and may take such measures in relation to the motor vehicle as the authorised person considers necessary to enable the motor vehicle to be removed. 3 where an authorised person requires a person to remove a motor vehicle which is causing an obstruction in the circumstances described under paragraph (1) and the authorised person determines that the manner of removal proposed by the person required to remove it may cause danger to other persons using the road, the authorised person may require the motor vehicle to be moved in such other manner as the authorised person considers safe or may remove or arrange for the removal of the motor vehicle if the person required to remove it refuses to remove it in the manner so required. 4 a motor vehicle removed by an authorised person under this article - a may be returned immediately to the person in charge of that motor vehicle; or b where immediate return of that motor vehicle to the person in charge of it is not practicable or appropriate, must be delivered to tfl or to a person authorised by tfl to keep motor vehicles so removed ("the custodian" in either case). 5 in a case where the owner of the motor vehicle has disclaimed all rights of ownership of the motor vehicle and its contents, the custodian may dispose of them in such manner as it sees fit at any time. 6 in any case not falling within paragraph (5) , a motor vehicle or its contents must not be disposed of before the end of the period of five weeks beginning with the date on which the motor vehicle was removed and until the custodian has, for the purpose of ascertaining the owner of the motor vehicle, taken such steps as are specified in paragraph (7) and either - a the custodian has failed to ascertain the name and address of the owner; or b the owner has failed to comply with a notice complying with paragraph (8) served on the owner by post. 7 the steps referred to in paragraph (6) are - a if the motor vehicle carries a united kingdom registration mark, the custodian must ascertain from the records kept by the secretary of state under the vehicle excise and registration act 1994 the name and address of the person by whom the motor vehicle is kept; and b if the motor vehicle does not carry such a registration mark, the custodian must make such inquiries as appear to the custodian reasonably practicable to ascertain the owner of the motor vehicle. 8 a notice under paragraph (6)(b) must be addressed to the owner which - a states - i reasons for the removal of the motor vehicle; ii the place to which the motor vehicle has been removed; iii the registration mark and make of the motor vehicle; iv the steps to be taken to obtain possession of the motor vehicle; v the outstanding penalty charges payable in respect of the motor vehicle; and vi that unless the motor vehicle is removed by the owner on or before the date specified in sub-paragraph (b) , the custodian intends to dispose of it; and b requires the owner to remove the motor vehicle from the custody of the custodian within 21 days of the date on which the notice was served. 9 the custodian is entitled to treat the registered keeper of the motor vehicle as the person entitled to its contents unless and to the extent that some other person satisfies the custodian of their claim to all or part of them. 10 where it appears to the custodian that more than one person is the owner of the motor vehicle - a the notice under paragraph (6)(b) must be sent to all persons appearing to be the owner of the motor vehicle; and b the motor vehicle may not be disposed of in accordance with paragraph (5) unless all persons appearing to be the owners have disclaimed all rights of ownership. 11 where a motor vehicle has been removed and delivered into the custody of a custodian in accordance with paragraph (4) , the custodian may (whether or not any claim is made under this article) recover from the person who was the owner of the motor vehicle when the motor vehicle was removed the charges applied by paragraph (16) for - a its removal and storage; and b if the motor vehicle has been disposed of, its disposal. 12 where, by virtue of paragraph (11)(a) , any sum is recoverable in respect of a motor vehicle by a custodian, the custodian is entitled to retain custody of it until that sum is paid. 13 where - a it appears to the custodian that more than one person is the owner of the motor vehicle; and b one of those owners, or a person authorised by one of those owners, has gained possession of the motor vehicle under paragraph (19) , then the owner who gained possession of the motor vehicle under paragraph (19) must be treated as the owner from whom the sum is recoverable. 14 where - a it appears to the custodian that more than one person is the owner; and b one of those owners has made a claim under paragraph (23) that satisfies the conditions in paragraph (24) , then the owner who made the claim under paragraph (23) must be treated as the owner from whom the sum is recoverable. 15 where - a it appears to the custodian that more than one person is the owner of the motor vehicle; and b neither paragraph (13) nor paragraph (14) applies, then those persons must be treated as jointly and severally liably for the prescribed charges. 16 penalty charges in respect of the removal, storage and disposal of vehicles imposed by a statement of charges published under article 54(5) (power to charge for use of the tunnels) apply to the removal, storage and disposal of motor vehicles under this article. 17 a person ("the claimant") may take possession of a motor vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under this article, if the conditions specified in paragraph (18) are satisfied. 18 the conditions are that - a the claimant satisfies the custodian that the claimant is the owner of the motor vehicle or that the claimant is authorised by the owner to take possession of the motor vehicle; and b all outstanding penalty charges applied by paragraph (16) are paid to tfl. 19 on giving the claimant possession of a motor vehicle pursuant to this article, the custodian must give the claimant a statement of the right of the owner (or the person in charge of the motor vehicle when the motor vehicle was removed) to appeal, of the steps to be taken in order to appeal and of the address to which representations should be sent. 20 where it appears to the custodian that more than one person is the owner of the motor vehicle, or person authorised by the owner, the custodian must give possession of the motor vehicle to the first claimant who satisfied the conditions set out in paragraph (18) . 21 schedule 8 (removal of motor vehicles and recovery of penalty charges) has effect in relation to appeals against the imposition of penalty charges and the service of penalty charge notices. 22 an adjudicator appointed by the lord chancellor under regulation 3 of the road user charging (enforcement and adjudication) (london) regulations 2001 is an adjudicator for the purposes of hearing appeals under schedule 8. 23 if, after a motor vehicle has been disposed of by a custodian pursuant to this article, a person claims to have been the owner of the motor vehicle at the time when it was disposed of and the conditions specified in paragraph (24) are fulfilled, a sum calculated in accordance with paragraph (25) is payable by the custodian to the owner. 24 the conditions are that - a the person claiming satisfies the custodian that the person so claiming was the owner of the motor vehicle at the time it was disposed of; b the claim is made before the end of the period of one year beginning with the date on which the motor vehicle was disposed of; and c no previous claim in respect of the motor vehicle has been made. 25 the sum payable under paragraph (23) is calculated by deducting from the proceeds of sale the sums that would have been payable under paragraph (18)(b) had the motor vehicle been claimed by the owner immediately before its disposal together with such penalty charge as may be imposed in respect of the disposal of a motor vehicle. 26 where it appears to the custodian of a motor vehicle that more than one person is the owner, the custodian must treat the first person who makes a claim that satisfies the conditions set out in paragraph (24) as the owner for the purposes of this article. 27 for the purposes of this article the owner of a motor vehicle is taken to be the person by whom the motor vehicle is kept; and in determining for those purposes who was the owner of the motor vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the motor vehicle was at that time registered under the vehicle excise and registration act 1994 . 28 for the purposes of this article "breaking down" includes by way of a mechanical defect, lack of fuel, oil, water or power required for the motor vehicle or any other circumstances in which a person in charge of the motor vehicle could not immediately, safely and without damage to the motor vehicle or its accessories drive it under its own power away from the tunnels areas. removal of other obstructions 45 1 where an obstruction or hazard is caused in the tunnels areas by a load falling from a motor vehicle and the person in charge of the motor vehicle fails to remove it, an authorised person may take all reasonable steps to remove the load. 2 an authorised person - a may return a load which the authorised person has removed immediately to the person in charge of the motor vehicle from which it has fallen; or b where a return of the load which the authorised person has removed to the person in charge of the motor vehicle from which it has fallen is not practicable or appropriate, must deliver the load to tfl or to a person authorised by tfl to keep loads so removed ("the custodian" in either case). 3 the custodian must take reasonable steps to ascertain the identity of the owner of the load. 4 where the custodian has been unable to ascertain contact details for the owner of the load, the custodian may dispose of or sell the load as the custodian thinks fit. 5 where the custodian has been able to ascertain contact details for the owner of the load, the custodian must notify such person that - a the load is in the possession of the custodian; b the owner must take possession of the load within five weeks of the date of the notice; c the owner may only take possession of the load on the payment of the custodian's expenses in removing and storing the load; and d if the owner fails to act in accordance with the requirements in the notice, title in the load vests in the custodian. 6 the custodian may recover any expenses reasonably incurred in the removal and storage of a load from the owner of the load. 7 unless the owner of the load acts in accordance with the notice requirements, title in the load vests in the custodian on the date specified in the notice. 8 where a load consists of, or includes, liquids or semi-liquids or items which are loose or an aggregate, or noxious, perishable or otherwise hazardous or difficult to collect-up or remove, and the driver of the motor vehicle fails to remove it or the fallen load poses a hazard, paragraphs (2) to (7) do not apply and an authorised person or custodian (as the case may be) may, as it sees fit, immediately wash, clean or clear away or remove the fallen load or otherwise dispose of it or sell it. dangerous goods 46 1 charges imposed under article 54 (power to charge for use of the tunnels) may include provision for charges to be imposed for - a escorting motor vehicles carrying dangerous goods through the tunnels; and b the recovery of tfl's reasonable administrative costs incurred in granting applications for consent to taking such goods into the tunnels to the extent required by byelaws made under article 48 (byelaws relating to the silvertown tunnel area and the blackwall tunnel area). 2 tfl is to be treated as having in the tunnels areas the same enforcement powers as any body mentioned in regulation 32 (enforcement) of the carriage of dangerous goods and the use of transportable pressure equipment regulations 2009 in relation to roads and to the extent permitted by regulation 32. 3 the exercise of the enforcement powers mentioned in paragraph (2) is subject to any limitation which applies to the health and safety executive under the regulations. 4 nothing in this article prejudices or prevents a body mentioned in regulation 32 of the carriage of dangerous goods and the use of transportable pressure equipment regulations 2009 from exercising any power conferred on it by those regulations. no apparatus in the silvertown tunnel area without consent 47 1 regardless of anything contained in any enactment, no person is to enter upon, break up or interfere with the silvertown tunnel area, or any part of it, for the purpose of placing or doing anything in or in relation to any sewer, drain, main, pipe, wire or other apparatus or executing any work except with the written consent of tfl and in accordance with such terms and conditions as tfl may determine, including as to payment, such consent not to be unreasonably withheld and any disputes as to failure to consent or over terms and conditions to be subject to the arbitration provisions in article 69 (arbitration). 2 this article is subject to paragraph 50 of schedule 13 (protective provisions). byelaws relating to the silvertown tunnel area and the blackwall tunnel area 48 1 tfl may make byelaws regulating - a the efficient management and operation of the tunnels areas; b travel in the tunnels areas; c the maintenance of order in the tunnels areas; and d the conduct of persons in the tunnels areas. 2 the byelaws contained in schedule 9 (blackwall and silvertown tunnels byelaws) - a are to be treated as byelaws made by tfl under paragraph (1) and subsequently confirmed by the secretary of state on the date this order comes into force; b take effect on the date this article applies to the blackwall tunnel area or the silvertown tunnel area, as the case may be, by virtue of article 39 (application of part 4); and c continue to have effect in relation to the blackwall tunnel area and the silvertown tunnel area until such time as they are amended or revoked by further byelaws made under paragraph (1) . 3 subject to paragraph (4) , the provisions of subsections 236(3) to (8), (10c) and (11) of the local government act 1972 (procedure etc., for byelaws) apply in relation to byelaws made by tfl under paragraph (1) , except that the application of section 236(10c) only requires tfl to send a copy of any byelaws made by it and subsequently confirmed to - a the mayor of london; b the council of the london borough of newham; c the council of the london borough of tower hamlets; and d the council of the royal borough of greenwich. 4 tfl may make byelaws under paragraph (1) in accordance with the procedure in the byelaws (alternative procedure) (england) regulations 2016 as if those regulations applied to the making and revoking of byelaws under this article. 5 byelaws made under this article are enforceable by tfl and any authorised person. 6 a person who breaches any byelaw made under this article commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 7 the blackwall tunnel by-laws 1968 are revoked as from the date of the commencement of construction of the silvertown tunnel. fixed penalty notices 49 1 this article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 48 (byelaws relating to the silvertown tunnel area and the blackwall tunnel area). 2 the authorised person may serve on that person a fixed penalty notice in respect of the offence. 3 where a person is given a fixed penalty notice under this article in respect of an offence - a no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and b that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice. 4 a fixed penalty notice must state - a the amount of the fixed penalty; b particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence; c the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and d that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice. 5 the amount of the fixed penalty is - a one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or b one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction. 6 an authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the united kingdom. 7 payment of the deposit must be made - a in person to the authorised person by cash, credit or debit card, if the authorised person has the necessary means to accept payment in that manner; b by telephone by credit or debit card to the number stipulated in the fixed penalty notice for making payments; or c by app. 8 tfl must apply the deposit towards payment of the fixed penalty. 9 in any proceedings a certificate which - a purports to be signed on behalf of the chief finance officer of tfl; and b states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. 10 in this article - "app" means a software application for use on an electronic device which provides for payment by credit or debit card and which is provided by tfl for that purpose; "credit card" means a card or similar thing issued to any person, use of which enables the holder to defer payment of the deposit; "debit card" means a card or similar thing issued by any person, use of which causes the deposit to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking facilities; and "fixed penalty notice" means a notice offering the opportunity of the discharge of liability to conviction of an offence under byelaws made under article 48 . classification of roads, etc. 50 1 the roads described in paragraphs 1 to 3 and 19 to 22 of part 1 of schedule 10 (classification of roads, etc.) are to be classified as the a12 from such day as tfl may determine, as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 act. 2 the roads described in paragraphs 6 to 18 of part 1 of schedule 10 are be classified as the a102 from such day as tfl may determine, as if such classification had been made under section 12(3) of the 1980 act. 3 the roads described in paragraphs 4 to 18 of part 1 of schedule 10 are to become gla roads on such day as tfl may determine, as if from that day they were the subject of an order directing the same under section 14b (orders of the authority changing what are gla roads) of the 1980 act. 4 the road described in part 2 of schedule 10 is to cease to be a gla road on such day as tfl may determine, as if from that day it was the subject of an order directing the same under section 14b of the 1980 act. 5 tfl must publish a notice in the london gazette of any determination it makes under this article specifying the details of the determination and the date on which it takes effect. operational land for purposes of the 1990 act 51 development consent granted by this order 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 for the purposes of that act) of the 1990 act. restrictions on other works in the river thames 52 1 for the purposes of ensuring the protection of the silvertown tunnel, the pla must not carry out the following activities within the part of the river thames that is situated within the order limits without the consent of tfl, which must not be unreasonably withheld or delayed - a in regions 1, 3 and 4 (subject to paragraph (2) ) - i any dredging below the lines shown on the river restrictions section; ii the installation of a mooring or other structure where its foundation would be at a depth exceeding 1 metre below the bed of the river thames; iii any piling activities; or iv any designation of any anchorage; and b in region 2 - i any dredging which would result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river thames lying at a depth exceeding 5.80 metres below chart datum; or ii any other activity which might reasonably be expected to result in any part of the surface of the bed of the river thames lying at a depth exceeding 5.80 metres below chart datum, subject, in relation to dredging (sub-paragraphs (a)(i) and (b) (i) ) or any activity within sub-paragraph (b) (ii) , to the addition of any 'over-dredge' of 0.5 metres where this occurs in the course of a standard dredging methodology being employed. 2 in the event that the navigable channel of the river thames has moved such that any part of it lies within region 4, the pla must give notice in writing to tfl as soon as reasonably practicable, and in any event before carrying out any dredging or other activity which as the result of the move requires tfl's consent under paragraph (1) . 3 a notice given under paragraph (2) has the effect that the restrictions applicable to region 2 apply to that part of region 4 within which any part of the navigable channel of the river thames lies. 4 subject to paragraph (5) , the pla must not grant a river works licence under section 66 (licensing of works) of the 1968 act or a dredging licence under section 73 (licensing of dredging, etc) of that act - a in respect of any region, licensing any activity mentioned in paragraph (1)(a) or (1)(b) ; or b within any new part of the river thames, licensing any activity, without the consent of tfl, which must not be unreasonably withheld or delayed. 5 paragraph (4) does not have effect until tfl has notified the pla of a designation under paragraph (9)(a)(ii) . 6 if tfl receives an application for consent under paragraph (4) and fails to notify the pla of its decision before the end of the period of 28 days beginning on the day on which the application was received, tfl is deemed to have refused its consent. 7 if the pla contravenes the provisions of paragraph (1) , or if any activity is carried out by any other person but the provisions of paragraph (4) have not been complied with in relation to the activity, tfl may by notice in writing require the pla, or the person who is carrying out or has carried out the activity concerned, to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of tfl) within a reasonable time specified in the notice and to restore the part of the river thames concerned to its former condition. if the person to whom the notice is given fails to comply with the notice, tfl may carry out the work required by the notice and recover the reasonable costs of so doing from that person. 8 after receiving from tfl as built drawings under paragraph 36 of schedule 13 (protective provisions), the pla must as soon as reasonably practicable update its navigation charts to illustrate the position of the silvertown tunnel. 9 tfl must - a designate - i the person to whom notice should be given under paragraph (2) ; and ii the person to whom an application for consent should be made under paragraph (4) , (and may from time to time alter any such designation); and b give the pla written notification of any such designation. 10 for the purposes of this article any reference to a region is a reference to the corresponding region shown on the river restrictions plan and the grid coordinates of each region are set out below and also shown on the river restrictions plan - point reference easting northing region 1 1 539864.6015 180232.1903 2 539847.9342 180191.5763 3 539824.5778 180151.609 4 539803.7353 180122.9387 34 539861.0333 180050.4348 35 539866.7186 180056.4268 36 539902.0684 180100.2796 37 539929.491 180145.2861 region 2 5 539795.0307 180110.7227 6 539763.774 180079.5465 7 539726.8623 180046.611 8 539693.5971 180012.3733 9 539661.4484 179985.9174 10 539660.3067 179984.9779 26 539715.2125 179913.7872 27 539721.437 179922.604 28 539734.3574 179934.3838 29 539747.3322 179946.2132 30 539760.2525 179957.6318 31 539789.1704 179980.5417 32 539828.1578 180015.7859 33 539850.7088 180039.5534 region 3 11 539648.3561 179975.9124 12 539614.2705 179951.6187 13 539610.4355 179951.6816 14 539592.3566 179937.4617 15 539578.0493 179928.2188 16 539571.9822 179924.3817 17 539568.9903 179922.7014 18 539559.0454 179917.192 19 539550.5843 179913.8412 20 539548.9716 179914.0205 21 539541.4966 179912.8632 22 539604.3438 179829.269 23 539673.1334 179877.5185 24 539704.0919 179903.7208 region 4 north 4 539803.7353 180122.9387 5 539795.0307 180110.7227 33 539850.7088 180039.5534 34 539861.0333 180050.4348 region 4 south 10 539660.3067 179984.9779 11 539648.3561 179975.9124 24 539704.0919 179903.7208 25 539714.0652 179912.162 26 539715.2125 179913.7872 11 in this article - "new part of the river thames" means any part of the river thames within the order limits (not shown on the river restrictions plan and the river restrictions section) that is created as a result of the river walls shown on that plan and section being repaired or replaced so that the width of the river thames is increased; "the river restrictions section" means the document of that description listed in schedule 14 (documents to be certified) certified by the secretary of state as the river restrictions section for the purposes of this order; "the river restrictions plan" means the document of that description listed in schedule 14 certified by the secretary of state as the river restrictions plan for the purposes of this order; and "the river thames" means so much of the river thames including streams, creeks and watercourses as is below mean high water level. 12 any dispute arising between tfl and the pla under this article is to be determined as provided in article 68 (arbitration). part 5 user charging the charging policy 53 1 tfl must exercise its functions under this part in accordance with the policies and procedures set out in the charging policy. 2 tfl may revise the charging policy but only after it has - a consulted in relation to the proposed changes to the charging policy - i organisations it considers representative of regular users of the tunnels; and ii the members of stig; b had regard to the responses to the consultation carried out under sub-paragraph (a) ; and c submitted the proposed revised charging policy to the mayor of london for approval. 3 any revised charging policy proposed by tfl will only have effect if it is approved by the mayor of london, who may approve it with or without modifications. 4 if the mayor of london intends to approve a revised charging policy with material modifications, the mayor of london must consult - a organisations the mayor considers representative of regular users of the tunnels; and b the members of stig, on the proposed modifications and must have regard to any responses to the consultation received when deciding whether to approve a revised charging policy. power to charge for use of the tunnels 54 1 subject to and in accordance with the provisions of this part, from the date when the silvertown tunnel is first opened for public use, tfl may levy charges in respect of motor vehicles using either of the tunnels. 2 the charge payable to tfl for use of the tunnels by any motor vehicle is at such a level for that class of vehicle as tfl may from time to time determine. 3 tfl may determine different charges (including a nil charge) - a as between the tunnels; b for different classes of motor vehicles; c for different times of the day; d for different days of the week; e for different directions of travel; and f for different methods or means of recording, administering, collecting or paying the charge. 4 any charge payable to tfl under this article may be waived, suspended, reduced, compounded or discounted by tfl at any time. 5 tfl must publish the charges determined under paragraph (3) in a statement of charges in such manner as tfl considers appropriate not later than 56 days before the charges are intended to take effect. 6 the statement of charges published under paragraph (5) must set out, amongst other things - a the tunnels in respect of which the charges apply; b the classification of motor vehicles for the purposes of determining the charge payable by any motor vehicle; c the times at and days on which the charges will be payable; d the amount of the charges payable; e exemptions from charges; f discounts from charges; g any documents or equipment specified by tfl under article 55(3) (payment and recovery of charges and penalty charges); h payment means or methods; i a summary of the applicable enforcement provisions; and j any matter related to the provisions applied by article 56(3) (penalty charges, examination of motor vehicles, etc.). 7 where any motor vehicle falls within the definition of more than one class of vehicles it is deemed to fall in the class of vehicle bearing the highest charge. 8 references in this part to classes of motor vehicles are references to the classes defined or described by reference to any characteristics of the motor vehicles or to any other circumstances. payment and recovery of charges and penalty charges 55 1 the person liable to pay any charge payable under this part, and any penalty charge imposed in connection with this part, is the registered keeper of the motor vehicle concerned. 2 the charge, and any penalty charge, must be paid by such methods or means as may be specified in the statement of charges published under article 54(5) (power to charge for use of the tunnels). 3 to enable the collection of charges by a particular method or means of payment tfl may specify in the statement of charges - a documents required to be displayed by; or b equipment required to be carried on board, any motor vehicle in respect of which the charge is to be paid using that method or means of payment. 4 tfl may enter into an agreement with any person ("an advance payment agreement") under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used in the blackwall tunnel or the silvertown tunnel may be paid in advance. 5 an advance payment agreement may relate to such use of the blackwall tunnel or the silvertown tunnel, on such number of occasions or during such period, as may be provided by it, may provide for a reduction in the charges payable and may make any other necessary provision including in relation to payment of an administration charge. 6 where any charge payable under this part, and any penalty charge imposed in connection with this part, remains unpaid after it has become due for payment, tfl may recover from the person liable to pay the charge the amount of the charge together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay. 7 tfl may appoint any person to collect as its agent any charge payable under this part and any penalty charge imposed in connection with this part. penalty charges, examination of motor vehicles, etc. 56 1 regulations made under paragraph 12 (penalty charges) of schedule 23 (road user charging) to the 1999 act have effect in relation to the tunnels as if the statement of charges published under article 54(5) (power to charge for use of the tunnels) is a charging scheme made by order under that schedule, tfl is the charging authority and the tunnels are the charging area. 2 the following paragraphs of schedule 23 to the 1999 act, and any regulations made under them, have effect in relation to the tunnels as if the statement of charges published under article 54(5) is a charging scheme made by order under that schedule, tfl is the charging authority and the tunnels are the charging area - a paragraph 14 (installation of equipment on roads or elsewhere); b paragraph 25 (offences); c paragraph 26 (examination of motor vehicles, etc.); d paragraph 27 (removal or immobilisation of motor vehicles); and e paragraph 30 (evidence). 3 sections 5 (contravention of requirement of tfl scheme), 6 (extension of power to include enforcement provisions in tfl scheme) and 8 (failure to notify changes in eligibility for exemptions etc.) of the transport for london act 2008 apply to the tunnels as if the statement of charges published under article 54(5) is a tfl scheme within the meaning of that act. application by tfl of charges levied 57 the charges payable under this part, and any penalty charges imposed in connection with this part, may be applied by tfl in - a paying the costs and expenses incurred in planning, consenting, designing, constructing, managing, operating and maintaining the silvertown tunnel (including in relation to the implementation of necessary mitigation) and any costs associated with financing any of the same; b paying the costs and expenses incurred in managing, operating and maintaining the blackwall tunnel and any costs associated with financing any of the same; c providing such funds as are, or are likely to be, necessary to discharge tfl's obligations contained in any agreement entered into by tfl under article 59 (transfer of benefit of order, etc.); d making payment into any maintenance or reserve fund kept in respect of the silvertown tunnel or the blackwall tunnel; and e making payments to tfl's general fund. part 6 miscellaneous and general benefit of order 58 1 subject to article 59 (transfer of benefit of order, etc.) and paragraph (2) , the provisions of this order conferring functions on tfl have effect solely for the benefit of tfl. 2 paragraph (1) does not apply to the works for which the consent is granted by this order for the express protection, benefit or accommodation of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development. transfer of benefit of order, etc. 59 1 tfl may, regardless of any provision in any enactment, enter into agreements - a to transfer, charge or otherwise dispose of to another person ("the transferee") any interest of tfl in the authorised development or tfl's right to construct, maintain, use or operate the authorised development; or b to grant to another person ("the grantee") for a period agreed between tfl and the grantee any interest of tfl in the authorised development or tfl's right to construct, maintain, use or operate the authorised development; and c that are connected with or consequential on any agreement entered into under sub-paragraph (a) or (b) , and, with the consent of the mayor of london, tfl may provide for the transferee, the grantee or another person to exercise or be responsible for any functions of tfl relevant to those agreements, including any of its functions under this order, either exclusively or concurrently with tfl or any other person. 2 any agreement referred to in paragraph (1) may provide (to the extent tfl considers necessary in connection with the design, construction, financing, funding, maintenance, use or operation of the authorised development) for - a any matters that are connected with the matters referred to in that paragraph or are consequential on them; b the financing or defraying of, or the making of contributions by tfl or by any other person towards, the cost of designing, constructing, maintaining, using or operating the authorised development; c tfl to provide services and facilities to the transferee, grantee or any other person on such terms (including as to payment) as the parties think fit; and d tfl or the transferee, grantee or any other person to provide guarantees, indemnities or any other form of security. 3 where an agreement has been made under paragraph (1) , references in this order, or in any document certified under article 65 (certification of documents), to tfl are to be read as including references to the transferee, the grantee or any other person who may exercise, enjoy or be responsible for any functions of tfl pursuant to that agreement. 4 paragraph (3) does not apply to - a the code of construction practice mentioned in paragraph 5 of schedule 2 (requirements); and b references to "the tfl board" in procedure 1 and procedure 2 of the charging policy. 5 the exercise by any person further to any agreement made under paragraph (1) , of the functions conferred by or under this order or any other enactment, is subject to the same restrictions, liabilities and obligations as would apply by or under this order if those powers were exercised by tfl. 6 subject to paragraph (7) , any consent given by the mayor of london under paragraph (1) may be given subject to such reasonable terms and conditions as the mayor considers appropriate in the circumstances. 7 the mayor of london must not give consent under paragraph (1) to any proposal for the transfer of any compulsory acquisition or temporary possession function unless the secretary of state has certified in writing that the secretary of state is satisfied that the person proposed to exercise or be responsible for that function has sufficient resources to discharge all associated compensation liabilities. 8 tfl must within 10 business days after entering into an agreement under paragraph (1) in relation to which any functions of tfl in respect of the deemed marine licence granted by article 62 are transferred to another party, notify the mmo in writing, and the notice must include particulars of the other party to the agreement under paragraph (1) and details of the extent, nature and scope of the functions transferred or otherwise dealt with which relate to the deemed marine licence granted under article 62 . 9 in this article - a "compulsory acquisition or temporary possession function" means any function of tfl under articles 19 , 22 , 23 , 27 , 28 , 29 and 30 ; b "functions" means statutory and other powers, duties, rights, interests and obligations; c references to the authorised development include references to any land held in connection with the authorised development; and d references to the authorised development include references to the provisions of this order relating to the use and operation of the blackwall tunnel. application of landlord and tenant law 60 1 this article applies to any agreement entered into by tfl under article 59 (transfer of benefit of order, etc.) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement. 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 enactment or rule of law to which paragraph (2) applies is to apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to - a exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter; b confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or c restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease. traffic regulation measures 61 1 subject to the provisions of this article, tfl may, for the purposes of the authorised development - a make provision, in respect of those roads specified in column (2) of part 1 of schedule 11 (traffic regulation measures, etc.), as to the speed limit and restricted road status of those roads as specified in column (3) of that part of that schedule; b make provision, in respect of those roads specified in column (2) of part 2 of schedule 11, as to the clearway status of, and the application of other prohibitions to, those roads as specified in column (3) of that part of that schedule; c make provision, in respect of those roads specified in column (2) of part 3 of schedule 11, as to prescribed routes to apply to those roads as specified in column (3) of that part of that schedule; d in respect of those roads specified in column (2) of part 4 of schedule 11, revoke or vary the orders specified in column (3) of that part of that schedule in the manner specified in column (4) of that part of that schedule; e vary the orders specified in column (2) of part 5 of schedule 11 in the manner specified in column (3) of that part of that schedule; and f revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 act in so far as it is inconsistent with any prohibition, restriction or other provision made by tfl under this paragraph. 2 no speed limit imposed by or under this order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 act) of the road traffic exemptions (special forces) (variation and amendment) regulations 2011 when used in accordance with regulation 3(5) of those regulations. 3 without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, tfl may, in so far as necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance and operation of the authorised development - 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 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 tfl. 4 the power conferred by paragraph (3) may be exercised at any time prior to the expiry of 24 months from the opening of the silvertown tunnel for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (3) may have effect both before and after the expiry of that period. 5 tfl must not exercise the powers conferred by paragraph (1) or (3) unless tfl has - a given not less than - i 12 weeks' notice in writing of tfl's intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or ii 4 weeks' notice in writing of tfl's intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily, to the chief officer of police and to the traffic authority in whose area the road is situated and that notice must include the time periods within which the traffic authority may specify the manner in which, under sub-paragraph (b) , tfl must advertise its intention to exercise the powers conferred by paragraph (1) or (3) ; and b advertised tfl's intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of tfl's intention in the case of sub-paragraph (a)(i) , or within 7 days of its receipt of notice of tfl's intention in the case of sub-paragraph (a)(ii) . 6 any prohibition, restriction or other provision made by tfl under paragraph (1) or (3) - a has effect as if duly made by, as the case may be - i the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 act; or ii the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces) 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; b is deemed to be a traffic order for the purposes of, as the case may be - i schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 act; or ii part 2 (bus lanes) to the london local authorities act 1996 ; and c must be advertised in the same manner as tfl's intention to make the prohibition, restriction or other provision was under paragraph (5)(b) . 7 any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by tfl from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3) within a period of 24 months from the opening of the silvertown tunnel for public use. 8 before exercising the powers conferred by paragraphs (1) or (3) tfl must consult such persons as tfl considers necessary and appropriate and have regard to the representations made to tfl by any such person. 9 in the case of saffron avenue as identified in part 2 of schedule 11 (traffic regulation measures, etc.) (and shown on sheet 4 of the traffic regulation measures (clearways and prohibitions) plans), the powers conferred by this article cannot be exercised by tfl without the consent of the owner of that road. 10 expressions used in this article and in the 1984 act have the same meaning in this article as in that act. deemed marine licence 62 the marine licence set out in schedule 12 (deemed marine licence) is deemed to have been issued under part 4 of the 2009 act for the licensed activities set out in part 1, and subject to the licence conditions set out in part 2, of that licence. defence to proceedings in respect of statutory nuisance 63 1 where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the environmental protection act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that act no order is to be made, and no fine may be imposed, under section 82(2) of that act if - a the defendant shows that the nuisance - i relates to premises used by tfl for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the control of pollution act 1974 ; ii is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or b the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided. 2 section 61(9) of the control of pollution act 1974 does not apply where the consent relates to the use of premises by tfl for the purposes of or in connection with the construction or maintenance of the authorised development. protective provisions 64 schedule 13 (protective provisions) has effect. certification of documents 65 1 as soon as practicable after the making of this order, tfl must submit copies of each of the plans and documents set out in schedule 14 (documents to be certified) to the secretary of state for certification as true copies of those plans and documents. 2 where any plan or document set out in schedule 14 requires to be amended to reflect the terms of the secretary of state's decision to make this order, that plan or document in the form amended to the secretary of state's satisfaction is the version of the document required to be submitted for certification under paragraph (1) . 3 a plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy. 4 tfl must, following certification of the plans and documents in accordance with paragraph (1) , make those plans and documents available in electronic form for inspection by members of the public. silvertown tunnel implementation group 66 1 tfl must establish and fund the reasonable secretarial and administrative costs of a consultative body to be known as the silvertown tunnel implementation group (in this order referred to as "stig"). 2 stig will comprise one representative of each of the following bodies - a tfl; b the gla; c the council of the london borough of barking and dagenham; d the council of the london borough of bexley; e the council of the london borough of bromley; f the city of london corporation; g the council of the royal borough of greenwich; h the council of the london borough of hackney; i the council of the london borough of lewisham; j the council of the london borough of newham; k the council of the london borough of redbridge; l the council of the london borough of southwark; m the council of the london borough of tower hamlets; n the council of the london borough of waltham forest; and o highways england, or any other person which in place of highways england - i is for the time being the traffic authority for the dartford river crossings between dartford, kent and thurrock, essex; or ii is for the time being the traffic authority for the proposed new river crossing known as the lower thames crossing east of gravesend, kent and tilbury, essex, if the crossing is granted development consent under the 2008 act. 3 each body mentioned in paragraph (2)(b) to (2)(o) above must notify tfl of the identity of its nominated representative. 4 if any person nominated under paragraph (3) cannot attend a stig meeting, the nominating body may nominate a person (on an occasional or standing basis, as it determines) to act as the nominating body's substitute representative at the meeting. 5 tfl must consult the other members of stig on the following matters relating to implementation of the authorised development - a the extent, nature and duration of monitoring to be implemented in accordance with the monitoring and mitigation strategy; b the proposals for the initial bus services that will operate through the tunnels when the silvertown tunnel opens for public use; c the monitoring reports produced in accordance with the monitoring and mitigation strategy; d any proposed revisions to the charging policy under article 53 (the charging policy); and e the level of charges required to be paid for use of the tunnels under article 54 (power to charge for use of the tunnels) and any exemptions and discounts. 6 in taking any decision in respect of any of the matters set out in paragraph (5) , tfl must have regard to any recommendations or representations made by a member of stig in response to the consultation carried out under that paragraph. 7 unless otherwise agreed by stig, tfl must convene a meeting of stig, chaired by a representative elected by the members of stig, at least twice a year on a date to be determined by tfl, including on each occasion that tfl publishes a monitoring report in accordance with the monitoring and mitigation strategy. 8 the first meeting of stig must be held not less than three years before the date on which the silvertown tunnel is expected to open for public use. 9 part va (access to meetings and documents of certain authorities, committees and sub-committees) of the local government act 1972 and the public bodies (admission to meetings) act 1960 do not apply to stig or to its meetings or proceedings. 10 tfl must publish on its website agendas, reports, minutes and other relevant documents relating to the operation of stig as soon as reasonably practicable after they become available. service of notices 67 1 a notice or other document required or authorised to be served for the purposes of this order may be served - a by post; b by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or c with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission. 2 where the person on whom a notice or other document to be served for the purposes of this order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body. 3 for the purposes of section 7 (references to service by post) of the interpretation act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise - a in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and b in any other case, the last known address of that person at the time of service. 4 where for the purposes of this order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by - a addressing it to that person by name or by the description of "owner", or as the case may be "occupier", of the land (describing it); and b either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land. 5 where a notice or other document required to be served or sent for the purposes of this order is served or sent by electronic transmission the requirement is taken to be fulfilled only where - a the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission; b the notice or document is capable of being accessed by the recipient; c the notice or document is legible in all material respects; and d the notice or document is in a form sufficiently permanent to be used for subsequent reference. 6 where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable. 7 any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8) . 8 where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this order - a that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and b such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given. 9 this article must not be taken to exclude the employment of any method of service not expressly provided for by it. 10 in this article "legible in all material respects" means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form. arbitration 68 except where otherwise expressly provided for in this order and unless otherwise agreed in writing between the parties, any difference under any provision of this order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the president of the institution of civil engineers. consents, agreements and approvals 69 1 where any application is made to a relevant authority, the consent, agreement or approval concerned must, if given, be given in writing and is not to be unreasonably withheld or delayed. 2 if a relevant authority which has received an application fails to notify tfl of its decision before the end of the period of 28 days beginning with the date on which the application was received, the relevant authority is deemed to have given its consent, agreement or approval, as the case may be. 3 any application to which this article applies must include a written statement that the provisions of paragraph (2) apply to that application. 4 in this article - "application" means an application or request for any consent, agreement or approval required or contemplated by articles 6 (street works), 8 (construction and maintenance of new, altered or diverted streets), 10 (temporary stopping up and restriction of use of streets), 11 (access to works), 16 (authority to survey and investigate land) and 61 (traffic regulation measures); and "relevant authority" means a planning authority, a traffic authority, a highway authority or a street authority. signed by authority of the secretary of state for transport natasha kopala head of the transport and works act orders unit department for transport 10th may 2018

citation, commencement and application 1 1 these regulations may be cited as the combined authorities (spatial development strategy) regulations 2018 and come into force on 9th august 2018. 2 these regulations apply in relation to the following authorities - a the greater manchester combined authority ; b the liverpool city region combined authority ; c the west of england combined authority . interpretation 2 1 in these regulations - "by advertisement" means by publication in the london gazette and by local advertisement; "by local advertisement" means by publication on at least one occasion in two successive weeks in a newspaper circulating in the combined authority area; "the combined authority area" means the area of - the greater manchester combined authority, the liverpool city region combined authority, or the west of england combined authority as appropriate; and "the gla act" means the greater london authority act 1999, as applied with modifications in relation to - the greater manchester combined authority and the combined authority area, by the greater manchester combined authority (functions and amendment) order 2016, the liverpool city region combined authority and the combined authority area, by the liverpool city region combined authority (functions and amendment) order 2017, and the west of england combined authority and the combined authority area, by the west of england combined authority order 2017. 2 these regulations apply in relation to proposals to alter or replace the spatial development strategy as they apply in relation to a proposed spatial development strategy. part 1 form and content of the spatial development strategy title of the spatial development strategy 3 the title of the spatial development strategy shall include the words "spatial development strategy". content of the spatial development strategy 4 1 the spatial development strategy shall contain a reasoned justification of the combined authority's strategy for spatial development in the combined authority area. 2 those parts of the spatial development strategy which comprise the combined authority's strategy for spatial development in the combined authority area and those parts which comprise the reasoned justification required by paragraph (1) shall be clearly identified in the spatial development strategy. 3 where there is a conflict between the written statement in the spatial development strategy formulating the combined authority's strategy for spatial development in the combined authority area and any other part of the spatial development strategy, the provisions of that statement prevail. diagrams in the spatial development strategy 5 1 the spatial development strategy shall contain a diagram, called the key diagram, illustrating the combined authority's strategy for spatial development in the combined authority area. 2 the spatial development strategy may also contain a diagram, called an inset diagram, drawn to a larger scale than the key diagram, and illustrating the application of the combined authority's general policies to part of the area covered by the spatial development strategy. 3 where an inset diagram is included in the spatial development strategy, the area covered by the inset diagram shall be identified on the key diagram and the application of the general policies to that area shall be illustrated on that inset diagram only. 4 no key diagram or inset diagram contained in the spatial development strategy shall be on a map base. 5 the title of the spatial development strategy shall be set out on the key diagram and on any inset diagram contained in the spatial development strategy and the key diagram and any inset diagram shall include an explanation of any symbol or notation used in the diagram. 6 the spatial development strategy may include diagrams in addition to the key diagram and the inset diagram, which identify strategic locations; such diagrams may be on a map base. regard to be had to certain matters and statement of regard 6 1 in formulating the strategy for spatial development in the combined authority area the combined authority shall, in addition to the matters specified in section 342(1) of the gla act (matters to which the mayor is to have regard), have regard to - a the national waste management plan within the meaning of the waste (england and wales) regulations 2011 ; b the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment; c the need, in the long term - i to maintain appropriate safety distances between establishments and residential areas, buildings and areas of public use, recreational areas and as far as possible, major transport routes; ii to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures. 2 the reasoned justification required by regulation 4(1) shall contain a statement of the regard the combined authority has had in formulating the strategy for spatial development in the combined authority area to the matters specified in section 342(1) of the gla act and in paragraph (1). part 2 procedure - spatial development strategy public participation 7 1 the places at which the combined authority is required by section 335(2)(b) of the gla act (public participation) to make the proposed spatial development strategy available for inspection are - a at the principal office of the combined authority, and such other places within the combined authority area as the combined authority considers appropriate, during normal office hours, and b on the combined authority's website. 2 the proposed spatial development strategy shall be accompanied by an appraisal (referred to in these regulations as a "sustainability appraisal") of how it contributes towards the achievement of sustainable development. 3 the local planning authority for each constituent council shall make available for inspection at its principal office and during such period as is specified in the advertisement published pursuant to paragraph (4) a copy of the proposed spatial development strategy and of the sustainability appraisal; and the combined authority shall give to each authority such notice and such documents as they require in order to comply with this paragraph. 4 the combined authority shall, as soon as reasonably practicable after it makes copies of the proposed spatial development strategy and of the sustainability appraisal available for inspection pursuant to section 335(2)(b), give notice by advertisement in the form set out in form 1 in the schedule to these regulations. 5 the persons, in addition to those persons set out in section 335(3)(a) to (c) and (e) of the gla act , to whom the combined authority is required to send a copy of the proposed spatial development strategy, are - a natural england, b the environment agency, and c the historic buildings and monuments commission for england ("historic england"). 6 subject to paragraph (7), the prescribed period for the purposes of section 335(7)(b) of the gla act is a period of not less than 12 weeks ending on such date as the combined authority shall specify in the notice published pursuant to paragraph (4). 7 where the combined authority makes available pursuant to section 335(2)(b) of the gla act proposed alterations to the spatial development strategy which in the combined authority's opinion constitute minor alterations, the prescribed period for the purposes of section 335(7)(b) of the gla act is a period of not less than six weeks ending on such date as the combined authority shall specify in the notice published pursuant to paragraph (4). 8 the period in paragraphs (6) and (7) begins with the date on which a notice given pursuant to paragraph (4) is first published in a newspaper. 9 a representation is made in accordance with these regulations for the purposes of section 335(7)(a) of the gla act if it is made in writing and addressed to the combined authority at the address indicated in the notice published pursuant to paragraph (4). 10 the combined authority shall, from the date referred to in paragraph (6) until the proposed spatial development strategy is published or withdrawn, make available for inspection at those places at which the proposed spatial development strategy was made available for inspection, a copy of all representations made in accordance with these regulations. 11 the combined authority shall not be required to have regard to any representations made in respect of the spatial development strategy after the date specified in the notice published pursuant to paragraph (4). examination in public 8 1 the combined authority shall, as soon as reasonably practicable after the secretary of state has appointed a person or persons (referred to in these regulations as "the panel") pursuant to section 338(3) of the gla act to conduct the examination in public, send to the panel a copy of all representations made in accordance with these regulations. 2 the panel shall, not later than 12 weeks before the opening of the examination in public, and after consulting the combined authority - a make available for inspection, at those places at which the proposed spatial development strategy was made available for inspection, a draft list of - i the matters to be examined at the examination in public; and ii the persons who will be invited to take part in the examination in public; b give notice by advertisement in the form set out in form 2 in the schedule to these regulations; and c send to the secretary of state a copy of the notice published pursuant to sub-paragraph (b). 3 representations on the draft list referred to in paragraph (2)(a) above may be made in writing to the person or body at the address indicated in the notice published pursuant to paragraph (2)(b) above, within 28 days of the date on which that notice is first published in a newspaper. 4 the panel shall, not later than six weeks before the opening of the examination in public, and after consulting the combined authority - a notify those persons who are invited to take part of the matters to be examined; b make available for inspection, at those places at which the draft list referred to in paragraph (2)(a) above was made available for inspection, a list of - i the matters to be examined at the examination in public, and ii the persons who will be invited to take part in the examination in public; and c give notice by advertisement of - i the places and times at which the lists mentioned in sub-paragraph (b) will be available for inspection, ii the address where the examination in public is to be held, iii the dates of the examination in public, and iv the name or title of the officer to whom and the address to which written submissions on the matters to be examined at the examination in public should be sent. 5 written submissions may be made on the matters to be examined at the examination in public to the person or body at the address indicated in the notices published pursuant to paragraphs (2)(b) and (4)(c) above. 6 the panel shall not be required to consider a written submission from any person unless - a the written submission concerns one or more matters to be examined at the examination in public; b the written submission is shorter than 2000 words in length; and c the panel has received no later than 3 weeks before the opening of the examination in public such number of copies of the submission as the panel may reasonably require in order to send a copy of that submission to each person invited to take part in the examination in public. 7 the report of the panel shall be in writing. 8 at the same time as the panel sends a copy of that report to the combined authority it shall send a copy to the secretary of state. 9 the combined authority shall, before the expiry of a period of 8 weeks beginning with the day it receives that report - a make the report available for inspection at those places at which the proposed spatial development strategy was made available for inspection, and b send a copy of the report to each constituent council. publication 9 1 the prescribed period for the purposes of section 337(4)(b) of the gla act (publication) is the relevant period determined in accordance with paragraphs (6) to (8) of regulation 7. 2 the combined authority shall not publish the spatial development strategy unless: a the combined authority has sent to the secretary of state - i a statement of its intention to publish the spatial development strategy, ii a copy of the spatial development strategy which it intends to publish, and iii where the combined authority proposes not to accept any recommendation contained in the report of the panel, a statement of its reasons for not accepting that recommendation; and b a period of six weeks or such longer period as the secretary of state in writing requires, have elapsed beginning with the date notified to the combined authority in writing by the secretary of state as the date he received the latest of those statements and that copy. 3 when the combined authority publishes the spatial development strategy it shall: a give notice by advertisement in the form set out in form 3 in the schedule to these regulations; b serve notice in similar form on the persons specified in section 335(3)(c) and (d) of the gla act; c make available for inspection at those places at which the proposed spatial development strategy was made available for public inspection - i a copy of the spatial development strategy, ii a copy of any direction given by the secretary of state under section 337(7) of the gla act, iii a copy of any written statement of the secretary of state indicating for the purposes of section 337(8)(a) of the gla act that the combined authority has satisfied the secretary of state that the combined authority has made the modifications to the proposed spatial development strategy necessary to conform with any such direction; and iv where the combined authority has not accepted any recommendation contained in the report of the panel, a statement of its reason for not accepting that recommendation; and d send to the secretary of state and to each constituent council a copy of the spatial development strategy, the notice published pursuant to sub-paragraph (a), and any statement of the reasons prepared pursuant to sub-paragraph (c)(iv). withdrawal of proposals 10 on the withdrawal of the spatial development strategy pursuant to section 336(1) of the gla act the combined authority shall give notice by advertisement in the form set out in form 4 in the schedule to these regulations. part 3 availabilty of documents duty to make documents available 11 1 the combined authority shall make available for public inspection at its principal office any direction given by the secretary of state under - a section 340(2) (reviews of the strategy), or b section 341(2) (alteration or replacement), of the gla act. 2 subject to paragraph (3), where a person or body makes a document available for inspection under these regulations that person or body shall make that document available at the time and place specified in any relevant notice published by that person or body under these regulations until the expiry of a period of six weeks beginning with the date of publication of a notice that the proposed spatial development strategy has been published or withdrawn. 3 a person or body making a document available for inspection under these regulations shall, on request and on payment of any reasonable charge required by that person or body, provide, as soon as reasonably practicable, a copy of that document. 4 a copy of the spatial development strategy made available for inspection under regulation 9(3)(c) shall remain so available until printed copies of the strategy are made available for inspection under regulation 12. availability of spatial development strategy after publication 12 1 as soon as reasonably practicable after the combined authority has published the spatial development strategy under section 337(1) of the gla act the combined authority shall secure that printed copies of the spatial development strategy are made available for inspection during normal office hours at its principal office and, on payment of any reasonable fee required by the combined authority, for purchase. 2 the combined authority shall continue to make printed copies of the spatial development strategy available for public inspection and purchase under paragraph (1) until the spatial development strategy is altered or replaced. signed by authority of the secretary of state for housing, communities and local government jake berry parliamentary under secretary of state ministry of housing, communities and local government 10th july 2018

citation and commencement 1 these regulations may be cited as the social fund funeral expenses amendment regulations 2018 and come into force on 2nd april 2018. amendment of the social security (claims and payments) regulations 1987 2 1 the social security (claims and payments) regulations 1987 are amended in accordance with this regulation. 2 in regulation 2(1) (interpretation) , after the definition of "shared additional pension" insert - "social fund funeral payment" means a funeral payment within the meaning of regulation 7(1) of the social fund maternity and funeral expenses (general) regulations 2005 ; . 3 in regulation 32za(2) (information given electronically) at the end insert - ; (k)a social fund funeral payment . 4 in schedule 4 (prescribed times for claiming benefit), in the entry in column 2 relating to paragraph 9 (social fund payment in respect of funeral expenses) for "3 months" substitute "6 months". 5 in schedule 9zc , in paragraph 2(1) (conditions for the use of electronic communication) at the end insert - ; (k)a social fund funeral payment . amendment of the social fund maternity and funeral expenses (general) regulations 2005 3 the social fund maternity and funeral expenses (general) regulations 2005 are amended in accordance with regulations 4 to 7. definition of funeral 4 in regulation 3 (interpretation) omit the definition of "funeral". responsible person: residence in care home 5 in regulation 8(2) (funeral payments: supplementary) after sub-paragraph (f) insert - ff a person resident in a care establishment within the meaning of regulation 3(3), whose accommodation and care costs are met in whole or in part by a local authority within the meaning of the local government act 1972 or the local government etc (scotland) act 1994 ;" . amount of funeral payment 6 in regulation 9 (amount of funeral payment) - a for paragraph (3)(a)(i) substitute i the necessary costs of obtaining a new burial plot for the deceased and a right of burial in that plot, whether or not that right is exclusive ; b omit paragraphs (3)(b)(ii) and (iii); and c after paragraph (3)(b) insert - ba the cost of obtaining any medical reference, report or other documentation required in connection with the disposal of the body of the deceased, whether by burial, cremation or otherwise; ; d in paragraph (8) for "with an exclusive right of burial" substitute " with a right of burial in that plot, whether or not that right is exclusive". deductions from funeral payments 7 in regulation 10 (deductions from an award of a funeral payment) omit paragraphs (1)(c), (2) and (3) . signed by authority of the secretary of state kit malthouse parliamentary under-secretary of state department for work and pensions 18th january 2018

citation, commencement and interpretation 1 1 this order may be cited as the plymouth hospitals national health service trust (establishment) (amendment) order 2018 and comes into force on 1st april 2018. 2 in this order, "the establishment order" means the plymouth hospitals national health service trust (establishment) order 1993 . change of name and savings 2 1 in article 1(2) of the establishment order (citation, commencement and interpretation) in the definition of "the trust", for "plymouth hospitals" substitute "university hospitals plymouth". 2 in article 2 of the establishment order, for "plymouth hospitals" substitute "university hospitals plymouth". 3 the change of name effected by paragraphs (1) and (2) does not - a affect any right or obligation of any person; or b invalidate any instrument (whether made before, on or after the day on which this order comes into force) which refers to the plymouth hospitals national health service trust, and all instruments or other documents which refer to that name must be construed as referring to the university hospitals plymouth national health service trust. change to nature and functions of the trust 3 for article 3 of the establishment order (nature and functions of the trust), substitute - 3 the trust's functions are to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service. . change of requirements relating to directors 4 for article 4 of the establishment order (directors of the trust), substitute - 4 1 the trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors. 2 since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 5(1)(d) of schedule 4 to the 2006 act, one of the non-executive directors must be appointed from the university of plymouth. . removal of specification of "operational date" 5 1 in article 1(2) of the establishment order (citation, commencement and interpretation), omit the definition of "operational date". 2 for article 5 of the establishment order (operational date and accounting date of the trust) and the heading to that article, substitute - accounting date of the trust 5 the accounting date of the trust is 31st march. . revocation of expired provisions 6 article 6 (limited functions before operational date) and article 7 (assistance by health authorities before operational date) of the establishment order are revoked. consequential provision 7 in article 1(2) of the establishment order (citation, commencement and interpretation), omit the definition of "the act". signed by authority of the secretary of state for health and social care. stephen barclay minister of state, department of health and social care 27th march 2018

citation 1 this order may be cited as the scotland act 1998 (agency arrangements) (specification) order 2018. commencement 2 this order comes into force immediately after the end of the period determined in accordance with regulation 4 of the scotland act 2016 (transitional) regulations 2017 (duration of modification of the scotland act 1998 in respect of functions relating to benefits for disability and industrial injury and carer's benefits). specification of functions 3 any function of the scottish ministers to which article 4 or 5 applies is specified for the purposes of section 93(1) of the scotland act 1998. functions relating to disability, industrial injuries and carer's benefits 4 1 this article applies to any function that is - a conferred by a pre-commencement enactment; and b exercisable by the scottish ministers by virtue of section 22 (disability, industrial injuries and carer's benefits) of the scotland act 2016 . 2 in paragraph (1)(a), "pre-commencement enactment" has the meaning given in section 32 (functions exercisable within devolved competence) of the scotland act 2016. ancillary functions 5 1 this article applies to any function that is - a conferred by an enactment; and b exercisable by the scottish ministers in connection with a function to which article 4 applies; but only to the extent that it is so exercisable. 2 for the avoidance of doubt, in paragraph (1)(a), "enactment" has the meaning given in section 126(1) (interpretation) of the scotland act 1998 . ceri king deputy clerk of the privy council

citation, commencement, application and interpretation 1 1 these regulations may be cited as the zootechnical standards (england) regulations 2018 and they come into force on 1st november 2018. 2 they apply in relation to england. 3 in these regulations - a expressions used in the animal breeding regulation have the same meaning for the purposes of these regulations as in that regulation; b "the animal breeding regulation" means regulation ( eu ) 2016/1012 of the european parliament and of the council on zootechnical and genealogical conditions for the breeding, trade in and entry into the union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending regulation (eu) no 652/2014, council directives 89/608/ eec and 90/425/eec and repealing certain acts in the area of animal breeding . designation of the secretary of state as the competent authority 2 the secretary of state is the competent authority for the purpose of the animal breeding regulation. enforcement 3 the animal breeding regulation is enforced by the competent authority. notifications 4 1 any notice to be served under the animal breeding regulation may be sent to the operator by post or electronically to the postal or electronic address provided by the operator to the competent authority. 2 if the notice is sent to the operator electronically it is to be treated as given only if - a the operator has indicated to the competent authority willingness to receive notification by electronic means and provided an address suitable for that purpose; and b the notification was sent to that address. obligation to inform the competent authority of a change in contact details 5 1 this regulation applies where an operator's contact details change ("changed contact details"). 2 subject to paragraph (3), the operator must give the competent authority notice of its changed contact details within a period of 10 working days beginning with the day on which the change occurs. 3 notice given under this regulation must be sent to the competent authority at the specified address. 4 in this regulation, "specified address" means the postal or electronic address given by the secretary of state from time to time for the purposes of this regulation. penalties 6 article 47(1) of the animal breeding regulation makes provision in relation to non-compliance with that regulation, including by setting out a list of particular actions which the competent authority may take in the event of non-compliance. review in respect of a decision taken under article 47(2)(a) of the animal breeding regulation 7 1 where the competent authority has given a breed society or breeding operation a notice under article 47(2)(a) of the animal breeding regulation in respect of a decision to withdraw the recognition of the breed society or breeding operation granted in accordance with article 4(3) of that regulation, that breed society or breeding operation may apply to the competent authority for a reconsideration of the decision given in that notice. 2 an application under paragraph (1) must - a be made by the breed society or breeding operation within the period of 28 days beginning with the day on which the relevant notice is served; and b state the reasons for making the application and be accompanied by such evidence as the breed society or breeding operation believes supports those reasons. 3 the competent authority may request evidence from the breed society or breeding operation in support of the application. 4 the competent authority must as soon as reasonably practicable - a consider the application and make a decision in respect of it; b give written notification to the breed society or breeding operation stating whether the decision is confirmed or reversed; and c if the decision is reversed, take the appropriate action in respect of the reversed decision. 5 the availability of a review under this regulation does not prevent a notice described in paragraph (1) having effect immediately upon being served. amendment of the trade in animals and related products regulations 2011 8 1 the trade in animals and related products regulations 2011 are amended as follows. 2 in regulation 15(1) (procedure on importation), after sub-paragraph (c) insert - d the checks required by article 37(1) of regulation (eu) 2016/1012 of the european parliament and of the council of 8 june 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending regulation (eu) no 652/2014, council directives 89/608/eec and 90/425/eec and repealing certain acts in the area of animal breeding, . 3 in regulation 43(2) (review), after sub-paragraph (d) insert - e regulation (eu) 2016/1012 of the european parliament and of the council of 8 june 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending regulation (eu) no 652/2014, council directives 89/608/eec and 90/425/eec and repealing certain acts in the area of animal breeding, . 4 in schedule 1 (european union legislation), at the end insert - regulation (eu) 2016/1012 of the european parliament and of the council of 8 june 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof purebred breeding animals, hybrid breeding pigs and the germinal products thereof . revocations 9 the horses (zootechnical standards) (england) regulations 2006 and the zootechnical standards (england) regulations 2012 are revoked . review 10 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in these regulations; and b publish a report setting out the conclusions of the review. 2 the first report must be published before 1st november 2023. 3 subsequent reports must be published at intervals not exceeding five years. 4 section 30(3) of the small business, enterprise and employment act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the animal breeding regulation 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). george eustice parliamentary under secretary of state department for environment, food and rural affairs 26th september 2018

part 1 preliminary provisions citation and commencement 1 1 these regulations may be cited as the fulfilment businesses (approval scheme) regulations 2018. 2 subject to paragraph (3), these regulations come into force on 1st april 2018. 3 parts 3 and 4 come into force on 1st april 2019, except in relation to dealing with contraventions mentioned in regulation 14(1)(a). interpretation 2 in these regulations - "application" means an application required to be made to the commissioners under regulation 4; "customer" means, in relation to a third country goods fulfilment business , the person referred to in section 48(1)(a) or (b) of the finance (no. 2) act 2017; "notice" means a notice in writing, including electronic; "notice of approval" means, in relation to an application for approval made under regulation 4(1)(a), a notice given by the commissioners in accordance with regulation 6(1)(a) or (3)(a); "specified" means specified in a notice published by the commissioners for the purposes of these regulations, and "specify" is construed accordingly. applications and other communications with the commissioners 3 1 an application or notification required to be made or given under these regulations must be made or given - a in any specified form, b by any specified method, and c providing any specified information. 2 the commissioners may specify that an application, or other communication with the commissioners, is to be made electronically. part 2 approval, variation and revocation procedure applications for approval and to vary an approval 4 1 an application must be made to the commissioners - a for approval to carry on a third country fulfilment goods business, and b to vary any condition or restriction to which an approval is subject. 2 an application under paragraph (1)(a) must be made on or before - a 30th june 2018, in the case of a person carrying on a third country goods fulfilment business as at 31st march 2018, b 30th september 2018, in the case of a person who commences carrying on a third country goods fulfilment business between 1st april 2018 and 30th june 2018, and c the later of 1st october 2018 and the day on which a person commences carrying on a third country goods fulfilment business, in all other cases. 3 an application under paragraph (1)(b) cannot be made if the variation is in respect of a matter which - a is subject to - i review under section 15c (review by hmrc ) or section 15e (review out of time) of the finance act 1994 , or ii appeal under section 16 (appeals to a tribunal) of the finance act 1994 , or b was refused on such review or appeal. amendment of an application 5 1 an application may be amended by notification to the commissioners at any time before the commissioners have given notice under regulation 6(1) in relation to that application. 2 where such an amendment is notified, the application is treated as made to the commissioners on the day the notification is received by the commissioners. response to an application 6 1 the commissioners must, as soon as reasonably practicable after receiving an application, give notice to the applicant - a accepting the application, b rejecting the application, or c requesting additional information or permission for the commissioners to inspect any premises from which the applicant will carry on the third country goods fulfilment business, or both, by or on a specific date. 2 where an applicant - a fails to provide the additional information by the specific date, or b fails to permit the inspection of premises on the specific date, the application is treated as withdrawn on that date. 3 where the commissioners have received the additional information requested or inspected the premises, the commissioners must, as soon as reasonably practicable after the later of the date of receipt or inspection, give notice to the applicant - a accepting the application, or b rejecting the application. 4 where an application for approval is accepted, the notice under paragraph (1)(a) or (3)(a) must - a include the unique reference number assigned by the commissioners to the approved person, b state the date from which approval has effect, c contain any condition or restriction imposed by the commissioners, and d refer to the obligations set out in part 3 of these regulations. 5 where an application to vary any condition or restriction is accepted, the notice under paragraph (1)(a) or (3)(a) must - a identify how the approval is varied, and b state the date on which the variation has effect. 6 where an application is rejected, the notice under paragraph (1)(b) or (3)(b) must give the reasons for the rejection. variation or revocation of approval by the commissioners 7 where the commissioners vary any condition or restriction to which an approval is subject or revoke an approval , the commissioners must give notice of the variation or revocation to the approved person which - a states the date on which the variation or revocation has effect which cannot be earlier than the date the notice is given, b in the case of a variation, identifies how the approval is varied, and c gives the reasons for the variation or revocation. part 3 obligations imposed on approved persons customer not meeting uk obligations 8 1 an approved person must notify the commissioners where the approved person knows or has reasonable grounds to suspect that a customer has not met a relevant obligation. 2 notification must be given within 30 days beginning with the day on which the approved person first knows or has reasonable grounds to suspect that the customer has not met a relevant obligation. 3 if within 40 days beginning with the day on which the approved person first knows or has reasonable grounds to suspect that the customer has not met a relevant obligation, the approved person still knows or has reasonable grounds to suspect that the customer is not meeting a relevant obligation, the approved person must cease to carry on a third country goods fulfilment business with that customer as soon as reasonably practicable. 4 an approved person must not commence a third country goods fulfilment business with a person where the approved person knows or has reasonable grounds to suspect that that person has not met a relevant obligation. 5 in this regulation and regulation 9, a "relevant obligation" means a vat or customs duty obligation in relation to third country goods. notice to a customer of uk obligations 9 1 an approved person must give a notice to each customer that - a contains specified information relating to relevant obligations, b states that the approved person must notify the commissioners where the approved person knows or has reasonable grounds to suspect that the customer has not met a relevant obligation, c states that the approved person must as soon as reasonably practicable cease to carry on a third country goods fulfilment business if, within 40 days beginning with the day on which the approved person first knows or has reasonable grounds to suspect that the customer has not met a relevant obligation, the approved person still knows or has reasonable grounds to suspect that the customer is not meeting a relevant obligation, and d states that if the approved person fails to comply with the obligations referred to in paragraph (b) or (c), the approved person may be liable to a penalty of 3,000 for each failure and may have their approval to carry on a third country goods fulfilment business revoked. 2 a notice under paragraph (1) must be given to a customer on or before the later of - a 30th april 2019, b 30 days beginning with the day on which the approved person receives a notice of approval, and c 30 days beginning with the day on which the approved person begins to carry on a third country goods fulfilment business with that customer. 3 where the specified information referred to in paragraph (1)(a) is amended by the commissioners, an approved person must give further notice to all of that person's customers containing the amended specified information within 30 days beginning with the day on which the approved person is notified by the commissioners of the amendment. customer due diligence and record keeping 10 1 an approved person must maintain a record of the following information - a the name and contact details of each customer, b the vat registration number of each customer or, in cases where a customer is exempt from vat registration, the reference number relating to that customer's exemption from vat registration issued by her majesty's revenue and customs, c a description of the type and quantity of the third country goods stored for each customer, d any import entry number of the third country goods stored for each customer, e the country to which the third country goods are delivered from storage, f a copy of the notice required to be given to each customer under regulation 9, and g any specified further information relating to customers and third country goods. 2 the information in paragraph (1) must be - a preserved for a period of six years beginning on the date the information is first held by the approved person, and b made available for inspection by an officer when required. 3 in this regulation, "officer" means a person appointed under section 2(1) of the commissioners for revenue and customs act 2005 . verification of a customer's vat registration number 11 1 an approved person must verify the - a vat registration number, or b reference number relating to a customer's exemption from vat registration issued by her majesty's revenue and customs ("vat exemption reference number") held in relation to each customer in accordance with any specified verification process. 2 verification in relation to each customer, must be - a carried out for the first time on or before the later of - i 30th april 2019, ii 30 days beginning with the day on which the approved person receives a notice of approval, and iii 60 days beginning with the day on which the approved person begins to carry on a third country goods fulfilment business with a customer, and b repeated in accordance with a specified frequency or, if different, set out in the notice of approval. 3 if the verification process fails to verify a customer vat registration number an approved person must notify the commissioners, within 30 days beginning with the day on which the verification is carried out. change to registered details 12 1 an approved person must notify the commissioners of any change in that person's registered details. 2 notification must be given on or before the later of 30th april 2019 and 30 days beginning with the day on which the change occurred. 3 in this regulation, "registered details" means such specified information relating to approved persons which is contained in the register of approved persons . ceasing to carry on a third country goods fulfilment business 13 where an approved person has ceased to carry on a third country goods fulfilment business, that person must notify the commissioners within 30 days beginning with the day on which the activity ceased. part 4 penalties penalty assessment 14 1 the commissioners may assess a penalty where a person fails to comply with - a the requirements set out in regulation 4(2), b any condition or restriction to which an approval is subject, or c the obligations set out in part 3. 2 in this part references to a "contravention" are to failing to comply with the requirements, conditions, restrictions or obligations mentioned in paragraph (1)(a) to (c). 3 if the commissioners assess a penalty they must give notice to the person who is liable for the penalty. 4 a notice under paragraph (3) must state the contravention in respect of which the penalty is assessed. 5 an assessment of a penalty under this part may not be made later than one year after evidence of facts sufficient in the opinion of the commissioners to indicate the contravention comes to their knowledge. 6 two or more contraventions may be treated by the commissioners as a single contravention for the purposes of assessing a penalty under this part. amount of penalty 15 1 the amount of the penalty is - a 500 for a contravention of the requirement imposed under regulation 4(2), b subject to paragraph (2), 500 for each month that a contravention referred to in sub-paragraph (a) continues, c 3,000 for each contravention of the obligations imposed under regulation 8, and d in all other cases, 500 for each contravention. 2 the total amount of penalties under paragraph (1)(b) must not exceed 3,000. special reduction 16 1 if the commissioners think it right because of special circumstances, they may reduce a penalty under this part. 2 in paragraph (1), "special circumstances" does not include inability to pay. reasonable excuse 17 1 liability to a penalty does not arise under this part if the person liable for the penalty satisfies the commissioners or (on an appeal made to the appeal tribunal) the tribunal that there is a reasonable excuse for the contravention. 2 for the purposes of paragraph (1), reliance on another person to do anything is not a reasonable excuse unless the person otherwise liable for the penalty took reasonable care to avoid the contravention. 3 in this regulation "appeal tribunal" has the same meaning as in chapter 2 of part 1 of the finance act 1994 . payment and recovery 18 1 a penalty payable under this part must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued. 2 a penalty under this part is recoverable as a debt due to the crown. penny ciniewicz justin holliday two of the commissioners for her majesty's revenue and customs 5th march 2018

citation and commencement 1 this order may be cited as the pensions increase (review) order 2018 and comes into force on 9th april 2018. interpretation 2 1 in this order, "the act" means the social security pensions act 1975. 2 in this order, any reference to a pension is a reference to a pension which began before 9th april 2018 . pensions increase: annual rate and lump sums 3 1 this article applies to an official pension if - a a qualifying condition is satisfied; or b the pension is - i a derivative pension; ii a substituted pension; or iii a relevant injury pension. 2 in relation to any period on or after 9th april 2018, the pension authority may increase the annual rate of the pension - a for a pension which began before 10th april 2017, by 3 per cent; b for a pension which began on or after 10th april 2017, by 3 per cent multiplied by - a 12 where a is the number of complete months in the period between the beginning date of the pension and 9th april 2018. 3 in relation to a lump sum which is payable on or after 10th april 2017 but before 9th april 2018, the pension authority may increase the lump sum by 3 per cent multiplied by - a 12 where a is the number of complete months in the period between the beginning date for the lump sum (or, if later, 10th april 2017) and the date on which it became payable. reductions in respect of guaranteed minimum pensions 4 1 where - a a pension is entitled to an increase in a guaranteed minimum pension on 9th april 2018; and b entitlement to that guaranteed minimum pension arises from an employment from which (either directly, or indirectly by virtue of the payment of a transfer credit) entitlement to the official pension also arises; the amount by reference to which any increase is calculated for the purposes of article 3(2) must be reduced by an amount equal to the rate of the guaranteed minimum pension unless the treasury otherwise direct in accordance with the provisions of section 59a of the act . 2 where on the death of a deceased spouse or civil partner a person becomes entitled to a guaranteed minimum pension in relation to a surviving spouse's pension or a surviving civil partner's pension, the amount by reference to which any increase is calculated for the purposes of article 3(2) must be reduced in accordance with section 59(5za) of the act. rebecca harris andrew stephenson two of the lords commissioners of her majesty's treasury 8th march 2018

citation and commencement 1 1 this order may be cited as the licensing of houses in multiple occupation (prescribed description) (england) order 2018. 2 this order comes into force on 1st october 2018. application 2 this order applies in relation to an hmo in england . interpretation 3 in this order "the act" means the housing act 2004. description of hmos prescribed by the secretary of state 4 an hmo is of a prescribed description for the purpose of section 55(2)(a) of the act if it - a is occupied by five or more persons; b is occupied by persons living in two or more separate households; and c meets - i the standard test under section 254(2) of the act; ii the self-contained flat test under section 254(3) of the act but is not a purpose-built flat situated in a block comprising three or more self-contained flats; or iii the converted building test under section 254(4) of the act. transitional provision 5 a licence issued under part 3 of the act has effect as if issued under part 2 of the act in respect of an hmo that - a is licensed under part 3 prior to 1st october 2018, and b is required to be licensed under part 2 from that date. revocation 6 the licensing of houses in multiple occupation (prescribed descriptions) (england) order 2006 is revoked. review 7 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in this order, and b publish a report setting out the conclusions of the review. 2 the first report must be published before 6th april 2023. 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 article must, in particular - a set out the objectives intended to be achieved by the regulatory provision referred to in paragraph 1(a), b assess the extent to which those objectives are achieved, c assess whether those objectives remain appropriate, and d if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision. 5 in this article, "regulatory provision" has the same meaning as in sections 28 to 32 of the small business, enterprise and employment act 2015 . signed by authority of the secretary of state for housing, communities and local government heather wheeler parliamentary under secretary of state ministry of housing, communities and local government 20th february 2018

citation and commencement 1 these regulations may be cited as the banking act 2009 (fees) regulations 2018 and come into force on 10th july 2018. scale of fees 2 1 the treasury approve the following scale of fees payable to the bank of england by an operator of a recognised payment system, and by a specified service provider in relation to such a system - a a fee for the supervision of a recognised payment system or service provider ("supervision fee"); b an additional fee ("special projects fee") but only if the bank of england considers that events require further supervision of a recognised payment system or service provider. 2 in respect of a recognised payment system or specified service provider, the supervision fee must not in any one year exceed 760,000. 3 in respect of a recognised payment system or specified service provider, the special projects fee must not in any one year exceed 500,000. 4 in any one year, the fees charged by the bank of england must not exceed the total costs incurred by the bank arising out of its supervision of recognised payment systems and specified service providers. paul maynard andrew stephenson two of the lords commissioners of her majesty's treasury 18th june 2018

part 1 introduction citation and commencement 1 these regulations may be cited as the international recovery of maintenance (hague convention on the international recovery of child support and other forms of family maintenance 2007) (eu exit) regulations 2018 and come into force on exit day. interpretation 2 in these regulations - a "the 2007 hague convention" means the convention on the international recovery of child support and other forms of family maintenance concluded on 23 november 2007 at the hague ; b "maintenance obligation" means an obligation to pay maintenance under a maintenance decision within the meaning of article 19, or a maintenance arrangement within the meaning of article 30; c "the relevant central authority in the united kingdom" means - i for england and wales, the lord chancellor; ii for scotland, the scottish ministers; iii for northern ireland, the department of justice; d "the relevant competent authority in the united kingdom" means - i for england and wales, the family court; ii for scotland, the sheriff court; iii for northern ireland, a magistrates' court; e "request" means, as the context requires - i an application in a category referred to in article 10; ii a direct request within the meaning of article 37; or iii a request for specific measures within the meaning of article 7; f "the section 4 rights" has the meaning given by regulation 3, and a reference to an article is a reference to an article of the 2007 hague convention. part 2 the rights etc deriving from the 2007 hague convention rights etc deriving from the 2007 hague convention 3 1 the section 4 rights have effect in the united kingdom on and after exit day - a subject to and in accordance with regulations 4 to 7; and b subject to paragraph (2). 2 if a declaration made by the eu relating to article 2(3) regarding the extension of chapters ii and iii of the 2007 hague convention to spousal support has effect immediately before exit day, the section 4 rights are to continue to apply on and after exit day on the basis that chapters ii and iii are so extended. 3 in these regulations, the section 4 rights are the rights, powers, liabilities, obligations, restrictions, remedies and procedures which - a are derived from the 2007 hague convention, and b continue to be recognised in domestic law by virtue of section 4 of the european union (withdrawal) act 2018. 4 the articles of, and the declarations under, the 2007 hague convention from which the section 4 rights are derived are - a articles 2, 3, 5 to 15, 17, 18, 19 to 23, 25 to 34, 36, 37 to 40, 42 to 46, 48 to 53, and 56; b any declaration referred to in paragraph (2). payments falling due under maintenance obligations towards a person under 21 years of age before the 2007 hague convention again enters into force for the united kingdom 4 1 this regulation applies in relation to payments under maintenance obligations arising from a parent-child relationship towards a person under the age of 21 years, where such payments fall due before the 2007 hague convention again enters into force for the united kingdom. 2 subject to paragraph (3), at any time before the 2007 hague convention again enters into force for the united kingdom, a creditor in relation to an obligation mentioned in paragraph (1) may seek enforcement of any payment falling due under that obligation as if the united kingdom remained without interruption a state bound by the 2007 hague convention, and the section 4 rights have effect accordingly. 3 where, before exit day, a maintenance obligation mentioned in paragraph (1) was governed by the rules of the eu, such that the rules of the 2007 hague convention did not apply by virtue of article 51(4), paragraph (2) shall not apply to any payment falling due under that maintenance obligation before exit day. 4 in this regulation, "creditor" has the meaning given by article 3 (and, where the context so requires, as extended by article 36). maintenance obligations and requests before exit day 5 1 this regulation applies in relation to maintenance obligations and requests, other than those to which regulation 4 applies, where - a payments fall due; b an application, or request for specific measures, is received by the relevant central authority in the united kingdom; or c a direct request is received by the relevant competent authority in the united kingdom, after the 2007 hague convention entered into force for the united kingdom by virtue of being a member state, but before exit day. 2 the section 4 rights have effect as if - a the united kingdom were a state bound by the 2007 hague convention on and after exit day, and b article 51(4) operated as it would have operated if the united kingdom had also continued to be a member state. 3 notwithstanding the effect that articles 48 to 50 and 51(1) to (3) would produce if the united kingdom were a state bound by the 2007 hague convention, the section 4 rights do not have effect as regards the maintenance obligation or request if and to the extent that their having effect would conflict with a treaty obligation of the united kingdom. maintenance obligations and requests before the 2007 hague convention again enters into force for the united kingdom 6 1 this regulation applies in relation to maintenance obligations and requests, other than those to which regulation 4 applies, where - a payments fall due; b an application, or request for specific measures, is received by the relevant central authority in the united kingdom; or c a direct request is received by the relevant competent authority in the united kingdom, on or after exit day, but before the 2007 hague convention again enters into force for the united kingdom. 2 the section 4 rights have effect as if - a the united kingdom were a state bound by the 2007 hague convention on and after exit day, and b article 51(4) operated accordingly (and not as if the united kingdom were also a member state). 3 notwithstanding the effect that articles 48 to 50 and 51(1) to (3) would produce if the united kingdom were a state bound by the 2007 hague convention, the section 4 rights do not have effect as regards the maintenance obligation or request if and to the extent that their having effect would conflict with a treaty obligation of the united kingdom. requests and maintenance obligations after the 2007 hague convention again enters into force for the united kingdom 7 1 this regulation applies if the 2007 hague convention again enters into force for the united kingdom on or after exit day. 2 the section 4 rights are to have effect in relation to requests and maintenance obligations consistent with the application of the 2007 hague convention by the united kingdom upon that new entry into force, and in accordance with article 56. 3 paragraph (2) is not to be read as requiring article 51(4) to operate as if the united kingdom were a member state after that entry into force. part 3 modification and amendment of primary and secondary legislation primary and subordinate legislation giving effect to the 2007 hague convention 8 1 provision made by the legislation mentioned in paragraph (3) in relation to the 2007 hague convention also applies in a case where regulation 4, 5 or 6 applies. 2 where the provision so applies in a particular case, it has effect as if the provision were made in relation to the section 4 rights, as the section 4 rights have effect in that case (see regulation 3(2) and regulation 4(2) and (3), 5(2) and (3) or 6(2) and (3)). 3 the legislation referred to in paragraph (1) is - a the maintenance orders act 1958 ; b the maintenance and affiliation orders act (northern ireland) 1966 ; c the administration of justice act 1970 ; d the attachment of earnings act 1971 ; e the magistrates' courts (northern ireland) order 1981 f the civil jurisdiction and judgments act 1982 ; g the magistrates' courts (civil jurisdiction and judgments act 1982) rules (northern ireland) 1986 ; h the debtors (scotland) act 1987 ; i the social security administration act 1992 ; j the social security administration (northern ireland) act 1992 ; k the debt arrangement and attachment (scotland) act 2002 ; l the civil legal aid (scotland) regulations 2002 ; m the bankruptcy and diligence etc. (scotland) act 2007 ; n the armed forces (forfeiture and deductions) regulations 2009 ; o the family procedure rules 2010 ; p the legal aid, sentencing and punishment of offenders act 2012 ; q the international recovery of maintenance (hague convention 2007 etc.) regulations 2012 ; r the international recovery of maintenance (hague convention 2007) (scotland) regulations 2012 ; s the international recovery of maintenance (hague convention 2007 etc.) regulations (northern ireland) 2012 ; t the civil legal aid (financial resources and payment for services) regulations 2013 ; u the legal aid (financial resources and payment for services) (legal persons) regulations 2013 . the international recovery of maintenance (hague convention 2007 etc.) regulations 2012 9 in the international recovery of maintenance (hague convention 2007 etc.) regulations 2012 - a in regulation 5 (the convention), omit "which are not european union member states"; b in schedule 1, paragraph 1(1) (interpretation), in the definition of "contracting state", omit "other than an eu member state". part 4 amendment of retained direct eu legislation council decision of 31 march 2011 (2011/220/eu) 10 council decision of 31 march 2011 on the signing, on behalf of the european union, of the hague convention of 23 november 2007 on the international recovery of child support and other forms of family maintenance (2011/220/eu) is revoked. council decision of 9 june 2011 (2011/432/eu) 11 council decision of 9 june 2011 on the approval, on behalf of the european union, of the hague convention of 23 november 2007 on the international recovery of child support and other forms of family maintenance (2011/432/eu) is revoked. signed by authority of the secretary of state for justice lucy frazer parliamentary under-secretary of state ministry of justice 30th october 2018

1 this order may be cited as the european union (definition of treaties) (economic partnership agreements and trade agreement) (eastern and southern africa states, southern african development community states, ghana and ecuador) order 2018. 2 in respect of each treaty specified in the schedule to this order, this order comes into force on the date on which the treaty enters into force for the united kingdom . this order ceases to have effect on the day on which the european communities act 1972 is repealed by section 1 of the european union (withdrawal) act 2018 . 3 the treaties specified in the schedule to this order are to be regarded as eu treaties as defined in section 1(2) of the european communities act 1972 . richard tilbrook clerk of the privy council

part 1 introductory citation, commencement and application 1 1 this order may be cited as the export control (venezuela sanctions) order 2018 and comes into force on 26th february 2018. 2 an offence may be committed under this order - a in the united kingdom by any person; b elsewhere by a person who is a united kingdom person within the meaning of section 11 of the export control act 2002. interpretation 2 1 in this order - "the 1979 act" means the customs and excise management act 1979 ; "eu authorisation" means an authorisation granted under article 4(1), 6(1) or 7(1) of the venezuela sanctions regulation; and "the venezuela sanctions regulation" means council regulation (eu) no 2017/2063 concerning restrictive measures in view of the situation in venezuela and references to that regulation are references to that regulation as amended from time to time. 2 a term used both in this order and the venezuela sanctions regulation has the meaning that it bears in that regulation. part 2 offences in relation to prohibitions in the venezuela sanctions regulation offences related to goods and technology in the eu common list of military equipment 3 1 a person who is knowingly concerned in an activity which is prohibited by a provision of the venezuela sanctions regulation mentioned in paragraph (2) with intent to evade that prohibition commits an offence and may be arrested. 2 the provisions are - a article 2(1)(a) (prohibition on the provision of technical assistance, brokering services and other services related to goods and technology listed in the eu common list of military equipment and to the provision, manufacture, maintenance and use of goods and technology listed in the eu common list of military equipment to any natural or legal person, entity or body in, or for use in, venezuela); b article 2(1)(b) (prohibition on the provision of finance or financial assistance related to goods and technology listed in the eu common list of military equipment to any natural or legal person, entity or body in, or for use in, venezuela). 3 paragraph (1) does not apply to a person who is concerned in an activity which is authorised under article 4(1) of the venezuela sanctions regulation. offences related to items listed in annex i of the venezuela sanctions regulation 4 1 a person who is knowingly concerned in an activity (other than the export of goods) which is prohibited by a provision of the venezuela sanctions regulation mentioned in paragraph (2) with intent to evade that prohibition commits an offence and may be arrested. 2 the provisions are - a article 3(a) (prohibition on the sale or transfer of equipment listed in annex i of the venezuela sanctions regulation to any natural or legal person, entity or body in, or for use in, venezuela); b article 3(b) (prohibition on the provision of technical assistance, brokering and other services related to the equipment listed in annex i of the venezuela sanctions regulation to any natural or legal person, entity or body in, or for use in, venezuela); c article 3(c) (prohibition on financing or financial assistance related to the equipment listed in annex i of the venezuela sanctions regulation to any natural or legal person, entity or body or for use in, venezuela). 3 paragraph (1) does not apply to a person who is concerned in an activity which is authorised under article 4(1) of the venezuela sanctions regulation. offence related to items listed in annex ii of the venezuela sanctions regulation 5 1 a person who is knowingly concerned in an activity (other than the export of goods) which is prohibited by a provision of the venezuela sanctions regulation mentioned in paragraph (2) with intent to evade that prohibition commits an offence and may be arrested. 2 the provisions are - a article 6(1) (prohibition on sale, supply, transfer or export of items listed in annex ii of the venezuela sanctions regulation to any person, entity or body in, or for use in, venezuela, without prior authorisation); b article 7(1)(a) (prohibition on providing technical assistance or brokering services related to the items listed in annex ii of the venezuela sanctions regulation to any person, entity or body or for use in venezuela, without prior authorisation); c article 7(1)(b) (prohibition on financing or financial assistance related to the items listed in annex ii of the venezuela sanctions regulation to any person, entity or body in venezuela, without prior authorisation); d article 7(1)(c) (prohibition on providing telecommunications or internet monitoring or interception services to or for the benefit of venezuela's government, public bodies, corporations and agencies or any person or entity acting on their behalf, without prior authorisation). part 3 supplementary offences circumvention of prohibitions in the venezuela sanctions regulation 6 1 a person commits an offence and may be arrested where that person participates, knowingly and intentionally, in an activity (other than the export of goods) the object or effect of which (whether directly or indirectly) is - a to circumvent a prohibition in a provision of the venezuela sanctions regulation mentioned in paragraph (2); or b to enable or facilitate the contravention of any such prohibition. 2 the provisions are article 2(1)(a), article 2(1)(b), article 3(a), article 3(b), article 3(c), article 6(1), article 7(1)(a), article 7(1)(b) and article 7(1)(c). offences related to eu authorisations 7 1 a person commits an offence and may be arrested where, for the purpose of obtaining an eu authorisation, that person - a makes any statement or furnishes any document or information which to that person's knowledge is false in a material particular; or b recklessly makes any statement or furnishes any document or information which is false in a material particular. 2 an eu authorisation granted in the circumstances referred to in paragraph (1) is void from the time it was granted. part 4 enforcement and penalties penalties 8 1 a person guilty of an offence under the provisions of this order mentioned in paragraph (2) is liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding six months or to a fine, or to both; ii in northern ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; iii in scotland, to imprisonment for a term not exceeding twelve months or 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. 2 the provisions are - a article 3(1) in connection with the prohibitions in article 2(1)(b) of the venezuela sanctions regulation; b article 4(1) in connection with the prohibitions in article 3(c) of the venezuela sanctions regulation; c article 5(1) in connection with the prohibitions in article 7(1)(b) or 7(1)(c) of the venezuela sanctions regulation; d article 6; e article 7(1). 3 a person guilty of an offence under the provisions of this order mentioned in paragraph (4) is liable - a on summary conviction - i in england and wales, to imprisonment for a term not exceeding six months or to a fine, or to both; ii in northern ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; iii in scotland, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum, or to both; b on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or to both. 4 the provisions are - a article 3(1) in connection with the prohibitions in article 2(1)(a) of the venezuela sanctions regulation; b article 4(1) in connection with the prohibitions in article 3(a) or 3(b) of the venezuela sanctions regulation; c article 5(1) in connection with the prohibitions in article 6(1) or 7(1)(a) of the venezuela sanctions regulation. 5 in the case of an offence committed after the commencement of section 154(1) of the criminal justice act 2003 , for "six months" in paragraph (1)(a)(i) substitute "twelve months". 6 in the case of an offence committed under the 1979 act in connection with the prohibitions on exportation in articles 3(a) or 6(1) of the venezuela sanctions regulation, sections 68(3)(b) and 170(3)(b) of that act have effect as if for the words "7 years" there were substituted the words "10 years". application of the 1979 act 9 1 where the commissioners for her majesty's revenue and customs investigate or propose to investigate any matter with a view to determining - a whether there are grounds for believing that an offence under this order has been committed; or b whether a person should be prosecuted for such an offence, the matter shall be treated as an assigned matter. 2 section 77a of the 1979 act (provisions as to information powers) applies to a person concerned in an activity which, if not authorised by an eu authorisation, would contravene article 3(a) or 6(1) of the venezuela sanctions regulation. 3 section 138 of the 1979 act (provision as to arrest of person) applies to the arrest of a person for an offence under this order as it applies to the arrest of a person for an offence under the customs and excise acts. 4 sections 145 , 146 , 146a , 147 , 148, 150 , 151 , 152 , 154 and 155 of the 1979 act (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties under this order as they apply in relation to offences and penalties under the customs and excise acts. 5 in this article, "the customs and excise acts" and "assigned matter" have the same meanings as in section 1 of the 1979 act. part 5 miscellaneous amendment to the export control order 2008 10 schedule 4 to the export control order 2008 is amended as follows - a in part 2, before "zimbabwe" insert "venezuela"; and b in part 4, omit "venezuela". part 6 general review 11 1 the secretary of state must from time to time - a carry out a review of this order; b set out the conclusions of the review in a report; and c publish the report. 2 in carrying out the review the secretary of state must, so far as is reasonable, have regard to the rules on penalties applicable to infringements of the provisions of the venezuela sanctions regulation and the measures taken to implement them in european union member states. 3 the report must in particular - a set out the objectives intended to be achieved by the rules on penalties applicable to infringements of the provisions of the venezuela sanctions regulation established by this order and the measures taken to implement them; b assess the extent to which those objectives are achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 4 the first report under this order must be published before the end of five years beginning with the day on which this order comes into force. 5 reports under this order are afterwards to be published at intervals not exceeding five years. liam fox secretary of state for international trade department for international trade 29th january 2018

citation and commencement 1 1 these regulations may be cited as the occupational pension schemes (employer debt and miscellaneous amendments) regulations 2018. 2 these regulations come into force on 6th april 2018. amendments to the occupational pension schemes (employer debt) regulations 2005 2 the occupational pension schemes (employer debt) regulations 2005 are amended in accordance with regulations 3 to 11. amendments to regulation 2 3 1 regulation 2 (interpretation) is amended as follows. 2 in paragraph (1) - a after the definition of "the corresponding assets" insert - "deferred debt arrangement" means an arrangement that takes effect in accordance with regulation 6f ; ; b in the definition of "employer" , after "6," insert "6a, 6f,"; c after the definition of "frozen scheme" insert - "the fsd regulations" means the pensions regulator (financial support directions etc.) regulations 2005 ; . 3 in paragraph (3a) in the definition of "receiving employer" for sub-paragraph (b)(ii) substitute - ii not associated but falls within paragraph (3b) , . 4 after paragraph (3a), insert - 3b an employer falls within this paragraph where it is - a a limited company, limited partnership or limited liability partnership; b a charitable company; or c a cio. 3c for the purposes of paragraph (3b) - a "charitable company" - i in relation to england and wales, has the meaning given by section 193 of the charities act 2011("the 2011 act") ; and ii in relation to scotland, has the meaning given by section 112 of the companies act 1989 ; b "cio" - i in relation to england and wales, means a charitable incorporated organisation within the meaning of part 11 of the 2011 act; and ii in relation to scotland, means a scottish charitable incorporated organisation within the meaning of section 49 of the charities and trustee investment (scotland) act 2005 ; c "limited company" has the meaning given by section 3(1) of the companies act 2006 act; d "limited liability partnership" has the meaning given by section 1(2) of the limited liability partnerships act 2000 ; and e "limited partnership" has the meaning given by section 4 of the limited partnerships act 1907 . 3d where regulation 6f(6)(f) applies, the definitions of "exiting employer" and "receiving employer" in paragraph (3a) shall be deemed to include deferred employers. . 5 after paragraph (4d) insert - 4e for the purposes of these regulations "deferred employer" in relation to a multi-employer scheme means a person - a who formerly employed at least one active member of the scheme in respect of whom defined benefits were accruing; b in respect of whom a relevant event has not occurred; and c who - i has proposed to the trustees or managers of the scheme to enter into a deferred debt arrangement; and ii having made that proposal, is participating in a deferred debt arrangement. . amendments to regulation 6za 4 in regulation 6za(1)(c)(employment-cessation events: general) for "regulation 6a" substitute "regulations 6a and 6f". amendments to regulation 6a 5 1 regulation 6a (employment-cessation events: periods of grace) is amended as follows. 2 in paragraph (1) - a for "2 months" substitute "3 months"; b in sub-paragraph (a), after "scheme" insert "or enters into a deferred debt arrangement"; c for sub-paragraph (b) substitute - b if at any time during the period of grace a - i no longer intends to employ any person who will be an active member of the scheme; or ii does not intend to enter into a deferred debt arrangement by the last day of the period of grace, a must notify the trustees or managers of the scheme and a must be treated as if the period of grace had not applied; . 3 in paragraph (2), after "these regulations" insert "and regulation 16 of the fsd regulations (multi-employer schemes)". amendments to regulation 6e 6 1 regulation 6e (flexible apportionment arrangements) is amended as follows. 2 in paragraph (1) for "a flexible" substitute "except in the case of a frozen scheme, a flexible". 3 in paragraph (1)(b) - a at the end of sub-paragraph (i) insert "or"; and b at the end of sub-paragraph (ii) for "applied; or" substitute "applied.". 4 omit paragraph (1)(b)(iii) and after paragraph (1) insert - 1a where the scheme is a frozen scheme, the flexible apportionment arrangement takes effect on the date on which the conditions in paragraph (2) are met. . insertion of new regulation 6f 7 after regulation 6e insert - deferred debt arrangement 6f 1 a deferred debt arrangement takes effect on the date on which the trustees or managers of the scheme, being satisfied that the conditions in paragraphs (2) and (3) are met, consent in writing to the arrangement. 2 the condition in this paragraph is that an employment-cessation event - a has occurred in relation to the deferred employer before the date on which the conditions in paragraph (3) are met; or b would have occurred in relation to the deferred employer if the deferred employer had not entered into and remained in a period of grace in accordance with regulation 6a until immediately before the date on which the deferred debt arrangement is to take effect. 3 the conditions in this paragraph are - a the scheme is not in an assessment period within the meaning of part 2 of the 2004 act (the board of the pension protection fund) or being wound up; and b the trustees or managers of the scheme are satisfied that - i an assessment period is unlikely to begin in relation to the scheme within the period of 12 months beginning with the date on which the trustees or managers expect the deferred debt arrangement to take effect; and ii the deferred employer's covenant with the scheme is not likely to weaken materially within the period of 12 months beginning with the date on which the trustees or managers expect the deferred debt arrangement to take effect. 4 a deferred employer must be treated during the period that the deferred debt arrangement is in place - a as if employing at least one person who is an active member of the scheme; and b for the purposes of these regulations and regulation 16 of the fsd regulations (multi-employer schemes), as an employer in relation to the scheme. 5 where a deferred debt arrangement is in place the deferred employer must be treated as if the employment-cessation event in paragraph (2) had not, or would not have, occurred. 6 the deferred debt arrangement terminates on the first date on which one of the following events occurs - a the deferred employer commences employing a person who is an active member of the scheme; b the deferred employer and the trustees or managers of the scheme agree that an employment-cessation event shall be treated as having occurred for the purposes of bringing the deferred debt arrangement to an end in relation to the deferred employer; c a relevant event occurs in relation to the deferred employer; d all the employers in the scheme have experienced a relevant event or have become deferred employers; e the scheme commences winding up; f the deferred employer restructures, unless - i the restructuring falls within either regulation 6zb (employment-cessation events: exemptions) or regulation 6zc; and ii where the receiving employer is a deferred employer, the trustees or managers of the scheme are satisfied that the conditions in paragraph (3) are met; g a freezing event as defined in regulation 9(2)(b)(frozen schemes and former employers) occurs in relation to the scheme; h the trustees or managers of the scheme serve a notice on the deferred employer stating that the deferred debt arrangement has come to an end on the grounds that the trustees or managers of the scheme are reasonably satisfied that - i the deferred employer has failed to comply materially with its duties under the scheme funding regulations; ii the deferred employer's covenant with the scheme is likely to weaken materially in the next 12 months; or iii the deferred employer has failed to comply materially with its duties under regulation 6 (duty to disclose information) of the occupational pension schemes (scheme administration) regulations 1996 . 7 for the purposes of these regulations where - a an event referred to in paragraph (6)(a) or (e) of this regulation occurs, the deferred employer must be treated as if the employment-cessation event in paragraph (2) had not, or would not have, occurred; b an event referred to in paragraph (6)(b), (c), (d) or (h) of this regulation occurs, the date of that event must be treated as the date of the employment-cessation event in relation to the deferred employer; c the deferred employer restructures in circumstances where - i paragraph (6)(f) of this regulation does not apply, the date of the restructuring must be treated as the date of the employment-cessation event in relation to the deferred employer; ii paragraph (6)(f) of this regulation applies - aa if the receiving employer is not a deferred employer, paragraph (6)(a) of this regulation applies to the receiving employer; and bb if the receiving employer is a deferred employer, the deferred debt arrangement must continue; d a freezing event referred to in paragraph (6)(g) of this regulation occurs, the deferred employer - i becomes a former employer in relation to the scheme for the purposes of regulation 9 (frozen schemes and former employers); and ii must be treated as if the employment-cessation event referred to in paragraph (2)(a) had not, or would not have, occurred and the deferred debt arrangement had never taken effect. . amendments to regulation 8 8 for paragraph (2)(a)(i) of regulation 8 (single employer sections, multi-employer sections etc.) , substitute - i any contributions payable to the scheme by an employer in relation to the scheme, or by a member in employment under that employer, are allocated to that employer's section, or if more than one section applies to that employer, to the section which is appropriate in respect of the employment in question; and . amendments to regulation 9 9 1 regulation 9 (frozen schemes and former employers) , is amended as follows. 2 in paragraph (2)(a) after "scheme relates" insert - and, in the case of a frozen scheme includes any person who employed persons in the description of employment to which the scheme relates immediately before the relevant time, . 3 after paragraph (3) insert - 3a where a scheme which has one or more deferred employers experiences a freezing event as defined in paragraph (2)(b), the deferred employers must all be treated as if they have ceased to employ persons in the description of employment to which the scheme relates immediately before the relevant time. . amendments to schedule 1b 10 1 paragraph 2 of schedule 1b (notifiable events) is amended as follows. 2 in sub-paragraph (1) - a in sub-paragraph (b) for "effect." substitute "effect; or"; b after sub-paragraph (b), insert - c a deferred debt arrangement taking effect; or d any event which terminates a deferred debt arrangement in accordance with regulation 6f(6). . 3 in sub-paragraph (2) for "the making of the decision" substitute "the trustees or managers of the scheme make the decision or become aware of the event.". insertion of new regulation 19 11 after regulation 18 (consequential amendments) insert - review 19 1 the secretary of state must from time to time - a carry out a review of the regulatory provision contained in regulation 6f of these regulations; and b publish a report setting out the conclusions of the review. 2 the first report must be published before 6th april 2023. 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). . amendments to the occupational pension schemes (scheme funding) regulations 2005 12 1 schedule 2 of the occupational pension schemes (scheme funding) regulations 2005 (modifications of the act and regulations) is amended as follows. 2 after paragraph 3a (employers in periods of grace) insert - period of grace followed by a deferred debt arrangement 3b in a case where a period of grace is immediately followed by a deferred debt arrangement as the result of the trustees or managers of the scheme being satisfied that the conditions in regulation 6f(2)(b) and (3) of the occupational pension schemes (employer debt) regulations 2005 are met, the period of grace and the deferred debt arrangement are to be treated as one continuous period of time for the purposes of part 3 of the 2004 act and these regulations. employers in deferred debt arrangements 3c 1 this paragraph applies where a deferred employer is treated under regulation 6f(4) of the occupational pension schemes (employer debt) regulations 2005 (deferred debt arrangement) as if it employed at least one person who is an active member of a scheme. 2 where this paragraph applies, part 3 of the 2004 act and these regulations are modified so that references to "employer" include a reference to a deferred employer. 3 this paragraph ceases to apply where the deferred debt arrangement referred to in regulation 6f of the occupational pension schemes (employer debt) regulations 2005 in respect of the deferred employer comes to an end in accordance with that regulation. 3d for the purposes of paragraphs 3b and 3c - "deferred debt arrangement" and "deferred employer" have the meanings given in regulation 2(1) (interpretation) of the occupational pension schemes (employer debt) regulations 2005. . signed by authority of the secretary of state for work and pensions guy opperman parliamentary under secretary of state department for work and pensions 22nd february 2018

part 1 general citation and commencement 1 this order may be cited as the newcastle upon tyne, north tyneside and northumberland combined authority (establishment and functions) order 2018 and comes into force on the day after the day on which it is made. interpretation 2 in this order other than in schedule 5 - "the 1985 act" means the housing act 1985 "the 1989 act" means the local government and housing act 1989 ; "the 1999 act" means the greater london authority act 1999 ; "the 2003 act" means the local government act 2003 ; "the 2008 act" means the housing and regeneration act 2008 ; "the 2009 act" means the local democracy, economic development and construction act 2009; "the 2011 act" means the localism act 2011 ; "the 2014 order" means the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority order 2014 ; "combined area" means the area consisting of the areas of the constituent councils; "the combined authority" means the newcastle upon tyne, north tyneside and northumberland combined authority; "the commencement date" means the date on which this order comes into force; "constituent councils" means the councils for the local government areas of newcastle upon tyne, north tyneside and northumberland; "corporation" means a corporation established by the secretary of state in accordance with section 198 of the 2011 act, as modified by schedule 4 to this order, following the designation of an area of land by the combined authority; "interim mayor" means the additional member appointed in accordance with paragraph 2 of schedule 1; "ita" means the tyne and wear integrated transport authority; "mayor" means the mayor for the combined area as provided for by article 5, except in the term "interim mayor" or "mayor of london"; "joint transport committee" means the committee appointed under article 8; "the local enterprise partnership" means the board of the north east local enterprise partnership. part 2 establishment of the newcastle upon tyne, north tyneside and northumberland combined authority establishment of the newcastle upon tyne, north tyneside and northumberland combined authority and renaming of the former durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority 3 1 the combined authority is established for the combined area. 2 the combined authority is to be a body corporate and to be known as the newcastle upon tyne, north tyneside and northumberland combined authority. 3 the functions of the combined authority are those functions conferred or imposed upon it by this order or by any enactment (whenever passed or made), or as may be delegated to it by or under this order or any other enactment (whenever passed or made). 4 the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority established by article 3 of the 2014 order is to be known as the durham, gateshead, south tyneside and sunderland combined authority. constitution of the combined authority 4 schedule 1 (which makes provision about the constitution of the combined authority) has effect. mayor 5 1 there is to be a mayor for the combined area. 2 the first election for the return of a mayor is to take place on 2nd may 2019. 3 subsequent elections for the return of a mayor must take place - a on the ordinary day of election in 2024; and b in each subsequent fourth year on the same day as the ordinary day of election. 4 the mayor's term of office - a begins with the fourth day after the day of the poll at the election for the return of a mayor for the combined area; and b ends with the third day after the day of the poll at the next election for the return of a mayor for the combined area. 5 in this article, "the ordinary day of election", in relation to any year, means the day which is the ordinary day of election in that year of councillors for counties in england and districts in accordance with sections 37 and 37a of the representation of the people act 1983 . political advisers 6 1 the mayor may appoint one person as the mayor's political adviser. 2 any appointment under paragraph (1) is an appointment as an employee of the combined authority. 3 no appointment under paragraph (1) may extend beyond - a the term of office for which the mayor who made the appointment was elected; or b where the mayor who made the appointment ceases to be the mayor before the end of the term of office for which the mayor was elected, the date on which the mayor ceases to hold that office. 4 a person appointed under paragraph (1) is to be regarded for the purposes of part 1 of the 1989 act (political restriction of officers and staff) as holding a politically restricted post under a local authority. 5 subject to paragraph (6), section 9(1), (8), (9) and (11) of the 1989 act (assistants for political groups ), apply in relation to an appointment under paragraph (1) as if - a any appointment to that post were the appointment of a person in pursuance of that section; and b the combined authority were a relevant authority for the purposes of that section. 6 subsection (3) of section 9 of the 1989 act applies in relation to an appointment under paragraph (1) as if the words "and that the appointment terminates" to the end of that subsection were omitted. part 3 transport transfer of functions etc. relating to transport 7 1 the following functions are transferred to the combined authority - a the functions of an integrated transport authority which were exercisable by the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority immediately before the commencement date insofar as they relate to the combined area; b the functions of a county council under parts 4 and 5 of the transport act 1985 which were exercisable by the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority immediately before the commencement date insofar as they relate to the combined area; c the functions of a county council as local transport authority under part 2 of the transport act 2000 which were exercisable by the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority immediately before the commencement date insofar as they relate to the combined area; and d the issuing of levies in respect of the costs relating to the combined area reasonably attributable to the exercise of functions relating to transport under section 74 of the local government finance act 1988 to the councils for the local government areas of - i newcastle upon tyne; ii north tyneside; and iii northumberland. 2 subject to paragraph (3), the property, rights and liabilities that were transferred to the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority under article 6(2)(b) of the 2014 order, and any other such property, rights and liabilities which have subsequently accrued to that authority in consequence of that transfer are to be held jointly by the durham, gateshead, south tyneside and sunderland combined authority and the combined authority. 3 the durham, gateshead, south tyneside and sunderland combined authority will continue to be the scheme employer for the purposes of the local government pension scheme regulations 2013 in place of the ita and will continue to be responsible for meeting the liabilities of the tyne and wear pension fund in respect of benefits due to or in respect of the ita's employees or former employees, or any liabilities of any predecessor authority. 4 in any enactment (whenever passed or made) - a any reference to an integrated transport area; or b any reference which falls to be read as a reference to such an area, is to be treated as including a reference to the combined area. 5 in any enactment (whenever passed or made) - a any reference to any integrated transport authority; or b any reference which falls to be read as a reference to such an authority, is to be treated as including a reference to the combined authority. 6 any reference in any enactment (whenever passed or made) relating to - a a function of a county council under part 4 or 5 of the transport act 1985, or b a function of a county council as local transport authority under part 2 of the transport act 2000, and which is a reference to a county, or to any class of area which includes a county, is to be treated as including a reference to the combined area. 7 any reference in any enactment (whenever passed or made) relating to - a a function of a county council under part 4 or 5 of the transport act 1985; or b a function of a county council as local transport authority under part 2 of the transport act 2000, and which is a reference to a county council, or to any class of body which includes a county council, is to be treated as including a reference to the combined authority. establishment of joint transport committee 8 1 the combined authority and the durham, gateshead, south tyneside and sunderland combined authority must appoint a joint transport committee in accordance with schedule 2. 2 schedule 2 (which makes provision about the constitution of the joint transport committee) has effect. functions to be exercised by joint transport committee 9 1 the functions specified in the following sub-paragraphs are exercisable only by the joint transport committee - a the functions of an integrated transport authority which are exercisable by the durham, gateshead, south tyneside and sunderland combined authority by virtue of articles 6 and 7 of the 2014 order; b the functions of a county council which are exercisable by the durham, gateshead, south tyneside and sunderland combined authority by virtue of articles 8 and 9 of the 2014 order; c the functions of an integrated transport authority or county council which are exercisable by the combined authority by virtue of article 7(1)(a) to (c) and (4) to (7) of this order; d the functions of the combined authority and the durham, gateshead, south tyneside and sunderland combined authority as authorities under part 2 of the transport act 1968 ; e the functions of the combined authority and the durham, gateshead, south tyneside and sunderland combined authority as combined authorities under parts 4 and 5 of the transport act 1985; f the functions of the combined authority and the durham, gateshead, south tyneside and sunderland combined authority as local transport authorities under part 2 of the transport act 2000; g anything to be done in relation to the property, rights and liabilities referred to in article 7(2); and h the setting of any transport levy to be issued under article 27(5) of this order or article 5(3) of the 2014 order. 2 the joint transport committee may arrange for the exercise of any of the functions referred to in paragraph (1) by - a the constituent council for the area in relation to which the function is to be exercised; b an officer of the combined authority or the durham, gateshead, south tyneside and sunderland combined authority; or c a sub-committee appointed in accordance with paragraph (3). 3 the membership of a sub-committee of the joint transport committee is to be determined by the joint transport committee and may include any - a member or substitute member of the combined authority or the durham, gateshead, south tyneside and sunderland combined authority; or b member of a constituent council appointed to the sub-committee by that council. 4 for the purposes of exercising the functions mentioned in paragraph (1) the joint transport committee may do anything that the combined authority or the durham, gateshead, south tyneside and sunderland combined authority may do under section 113a of the 2009 act (general power of epb or combined authority) . 5 the joint transport committee must designate an officer of the combined authority or the durham, gateshead, south tyneside and sunderland combined authority as the proper officer for transport being the principal officer to assist the committee in its exercise of the transport functions exercisable by the committee under paragraph (1). 6 any arrangements made by the joint transport committee under this article for the exercise of any functions by a constituent council, sub-committee or officer must not prevent the joint transport committee from exercising those functions. 7 any enactment relating to those functions to be discharged by the joint transport committee or the authorities by whom or the areas in respect of which they are to be exercised, has effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the area in respect of which they are to be exercised. 8 for the purpose of this article, "constituent council" means any of the councils for the local government areas of durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland. 9 standing orders made under section 106 of the local government act 1972 (standing orders) are subject to the provisions on the quorum and proceedings of the joint transport committee contained in schedule 2 to this order. 10 in this article, "proper officer" has the same meaning as in section 270(3) of the local government act 1972 . passenger transport executive 10 1 in this article "the executive" means the tyne and wear passenger transport executive. 2 the executive is to be an executive body of the combined authority for the purposes of part 5 of the local transport act 2008 and part 6 of the 2009 act. 3 in the application of section 101 of the local government act 1972 (arrangements for the discharge of functions) to the combined authority, the executive is to be treated as if it were an officer of the combined authority. amendments to the transport act 1968 11 in section 9 of the transport act 1968 (integrated transport areas and passenger transport) - a in subsection (1)(b) - i in sub-paragraph (ia) after "area" insert "(except as mentioned in sub-paragraph (ib))"; ii after sub-paragraph (ia) insert - ib in relation to the areas of the durham, gateshead, south tyneside and sunderland combined authority and the newcastle upon tyne, north tyneside and northumberland combined authority, those authorities acting jointly through the joint transport committee appointed under article 8 of the newcastle upon tyne, north tyneside and northumberland combined authority (establishment and functions) order 2018; ; b in subsection (1)(c), for sub-paragraph (ie) substitute - ie in relation to the areas of the durham, gateshead, south tyneside and sunderland combined authority and the newcastle upon tyne, north tyneside and northumberland combined authority, the tyne and wear passenger transport executive; ; and c after subsection (6b) insert - 6c subsection (1)(ab) applies in relation to each of the authorities within subsection (6d) as if for the words "an area for which a combined authority is established" there were substituted "the area consisting of the areas for which the durham, gateshead, south tyneside and sunderland combined authority and the newcastle upon tyne, north tyneside and northumberland combined authority are established". 6d the authorities referred to in subsection (6c) are - a the durham, gateshead, south tyneside and sunderland combined authority; b the newcastle upon tyne, north tyneside and northumberland combined authority. . modifications to the transport act 2000 12 1 section 108 of the transport act 2000 (local transport plans) applies in relation to the combined authority and the durham, gateshead, south tyneside and sunderland combined authority as if - a any reference to the area of a local transport authority were a reference to the area consisting of the areas for which the durham, gateshead, south tyneside and sunderland combined authority and the combined authority are established; and b in subsection (4) for paragraph (ca) there were substituted - ca the durham, gateshead, south tyneside and sunderland combined authority and the newcastle upon tyne, north tyneside and northumberland combined authority acting jointly through the joint transport committee appointed under article 8 of the newcastle upon tyne, north tyneside and northumberland combined authority (establishment and functions) order 2018, . 2 the combined authority is not to be treated as a mayoral combined authority for the purposes of section 123a(4)(a) of the transport act 2000 . part 4 housing and regeneration housing and regeneration 13 1 the functions of the constituent councils described in the following provisions are exercisable by the combined authority in relation to the combined area - a section 1 of the 2011 act (local authority's general power of competence) so far as those functions are exercisable for the purpose of economic development and regeneration; b section 8 of the 1985 act (periodical review of housing needs); c section 11 of the 1985 act (provision of board and laundry facilities); d section 12 of the 1985 act (provision of shops, recreation grounds, etc) ; e section 17 of the 1985 act (acquisition of land for housing purposes); and f section 18 of the 1985 act (duties with respect to buildings acquired for housing purposes). 2 the exercise of the functions in paragraphs (1)(c) to (e) requires the consent of - a all members of the combined authority appointed by the constituent councils whose area contains any part of the land in relation to which the function is to be exercised; or b substitute members acting in place of those members, to be provided at a meeting of the combined authority 3 the functions in paragraph (1) are exercisable by the combined authority concurrently with the constituent councils. 4 any requirement in any enactment for a constituent council to exercise any of the functions described in paragraph (1) may be fulfilled by the exercise of that function by the combined authority. 5 the provisions referred to in paragraph (1) apply to the combined authority as they apply to a constituent council. 6 for the purposes of paragraph (1)(b) to (f) the combined authority is to be treated as a local housing authority for the combined area. conferral of functions the homes and communities agency has in relation to the combined area 14 1 the functions of the homes and communities agency ("hca") which are specified in the following provisions of the 2008 act are to be functions of the combined authority that are exercisable in relation to the combined area - a section 5 (powers to provide housing or other land); b section 6 (powers for regeneration, development or effective use of land); c section 7 (powers in relation to infrastructure); d section 8 (powers to deal with land etc); e section 9 (acquisition of land); f section 10 (restrictions on disposal of land); g section 11 (main powers in relation to acquired land) ; h section 12 (powers in relation to, and for, statutory undertakers); i paragraphs 19 and 20 of schedule 3 (powers in relation to burial grounds and consecrated land etc); and j paragraphs 1, 2, 3, 4, 6, 10 and 20 of schedule 4 (extinguishment or removal powers for the hca). 2 the combined authority must exercise the functions described in the provisions specified in paragraph (1) for the purposes of, or for purposes incidental to the objective of - a improving the supply and quality of housing in the combined area; b securing the regeneration or development of land or infrastructure in the combined area; c supporting in other ways the creation, regeneration or development of communities in the combined area or their continued well-being; and d contributing to the achievement of sustainable development and good design in the combined area, with a view to meeting the needs of people living in the combined area. 3 the functions described in the provisions specified in paragraph (1) are - a exercisable concurrently with the hca; and b subject to schedules 2 (acquisition of land) and 3 (main powers in relation to land acquired by the hca) to the 2008 act. 4 in paragraph (2) "good design" and "needs" have the meanings given by section 2(2) of the 2008 act and the reference to improving the supply of housing includes a reference to improving the supply of particular kinds of housing. 5 chapters 1 and 2 of part 1 of and schedules 2 to 4 to, the 2008 act apply in relation to the powers of the combined authority to acquire land for housing and infrastructure under the functions specified in paragraph (1) and land acquired by the combined authority under those functions as they apply to the hca and land acquired by the hca with the modifications made by parts 1 and 2 of schedule 3. part 5 mayoral development corporation mayoral development corporation 15 1 the combined authority has, in relation to the combined area, functions corresponding to the functions described in the provisions in the 2011 act referred to in paragraph (2), that the mayor of london has in relation to greater london. 2 the provisions in the 2011 act referred to in paragraph (1) are - a section 197 (designation of mayoral development areas); b section 199 (exclusion of land from mayoral development areas); c section 200 (transfers of property etc to a mayoral development corporation) ; d section 202 (functions in relation to town and country planning); e section 204 (removal or restriction of planning functions); f section 214 (powers in relation to discretionary relief from non-domestic rates); g section 215 (reviews); h section 216 (transfers of property, rights and liabilities) ; i section 217 (dissolution: final steps); j section 219 (guidance by the mayor); k section 220 (directions by the mayor); l section 221 (consents); m paragraph 1 of schedule 21 (membership); n paragraph 2 of schedule 21 (terms of appointment of members); o paragraph 3 of schedule 21 (staff); p paragraph 4 of schedule 21 (remuneration etc: members and staff); q paragraph 6 of schedule 21 (committees); and r paragraph 8 of schedule 21 (proceedings and meetings). application of provisions in the localism act 2011 16 1 chapter 2 of part 8 of the 2011 act (mayoral development corporations) applies in relation to the combined authority as it applies in relation to the mayor of london, with the modifications made by schedule 4. 2 chapter 2 of part 8 of the 2011 act applies in relation to a corporation as it applies in relation to a mayoral development corporation, with the modifications made by schedule 4. 3 subject to paragraph (6), in any enactment (whenever passed or made) - a any reference to a mayoral development corporation; or b any reference which falls to be read as a reference to a mayoral development corporation, is to be treated as including a reference to a corporation. 4 for the purposes of any transfer scheme relating to a corporation under any provisions of the 2011 act applied with modifications by this order, paragraph 9 of schedule 24 to the 2011 act (transfers under scheme under section 200(1) or (4) or 216(1)) applies in relation to - a any property, rights or liabilities transferred to or from a corporation in accordance with a transfer scheme; or b anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities to or from a corporation in accordance with such a transfer scheme, as it applies in relation to a mayoral development corporation. 5 for the purposes of establishing a corporation, giving the corporation a name, giving effect to any decisions notified to the secretary of state (under sections 199(4) (exclusion of land from mayoral development areas), 202(8) (decisions about planning functions), or 214(6) (powers in relation to discretionary relief from non-domestic rates) of the 2011 act or in relation to the transfer of land to or from a corporation under any provision of the 2011 act, applied with modifications by this order, section 235 of the 2011 act (orders and regulations) applies in relation to - a the power of a minister of the crown to make an order under sections 198(2) (mayoral development corporations: establishment) and 200(6) (transfers of property etc to a mayoral development corporation) of that act; and b the power of the treasury to make regulations under paragraph 9(2) of schedule 24 to that act, as it applies in relation to the establishment of a mayoral development corporation, giving the corporation a name, giving effect to any decisions notified to the secretary of state (under sections 199(4), 202(8) and 214(6) of the 2011 act) or in relation to the transfer of land to or from a mayoral development corporation. 6 paragraph (3) does not apply to - a paragraph 9(8)(a) of schedule 2 to the channel tunnel rail link act 1996 (works: further and supplementary provisions) ; b section 31(1a) of the 1999 act (limits of the general power) ; c section 38 of the 1999 act (delegation) ; d section 60a(3) of the 1999 act (confirmation hearings etc for certain appointments by the mayor) ; e section 68(6) of the 1999 act (disqualification and political restriction) ; f section 73 of the 1999 act (monitoring officer) ; g section 403b of the 1999 act (acquisition of land by mdc and tfl for shared purposes) ; h section 424 of the 1999 act (interpretation) ; i section 24(4) of the planning and compulsory purchase act 2004 (conformity with spatial development strategy) ; and j paragraph 8(8)(a) of schedule 2 to the crossrail act 2008 (works: further and supplementary provisions) . 7 in this article "transfer scheme" means a transfer scheme under section 200(1) or (4) or 216(1) of the 2011 act. mayoral development corporation: incidental provisions 17 1 the following provisions of the 1989 act apply in relation to a corporation as if it were a local authority - a section 1 (disqualification and political restriction of certain officers and staff) , and b sections 2 and 3a (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section. 2 section 5 of the 1989 act (designation and reports of monitoring officer) applies in relation to the combined authority as if a corporation were a committee of the combined authority. 3 section 32 of the 2003 act applies in relation to expenditure of a corporation but as if - a each reference to a functional body were a reference to a corporation; b each reference to the greater london authority were a reference to the combined authority; c each reference to the mayor of london were a reference to the mayor; and d subsection (7) were omitted. part 6 additional functions education, skills and training functions 18 1 the functions of the constituent councils described in the provisions set out in paragraph (2), are exercisable by the combined authority in relation to the combined area. 2 the provisions referred to in paragraph (1) are - a section 51a of the further and higher education act 1992 (duty to provide for named individuals ; b sections 15za, 15zb, 15zc, 18a(1)(b), 514a and 560a of the education act 1996 (duties and powers related to the provision of education and training for persons over compulsory school age) ; c section 13a of the education act 1996 (duty to promote high standards and fulfilment of potential) ; d section 10 of the education and skills act 2008 (local authority to promote fulfilment of duty imposed by section 2) ; e section 12 of the education and skills act 2008 (duty to make arrangements to identify persons not fulfilling duty imposed by section 2) ; f section 68 of the education and skills act 2008 (support services: provision by local authorities) ; g section 70 of the education and skills act 2008 (local authorities: supplementary powers) ; h section 71 of the education and skills act 2008 (provision of support on conditional basis: learning and support agreements) ; and i section 85 of the education and skills act 2008 (co-operation as regards provision of 14-19 education and training) . 3 the functions are exercisable concurrently with the constituent councils. 4 any requirement in any enactment for a constituent council to exercise any of the functions referred to in paragraph (1) may be fulfilled by the exercise of that function by the combined authority. 5 the provisions referred to in paragraph (1) apply to the combined authority as they apply to a constituent council. other functions 19 1 the functions of the constituent councils described in the provisions set out in paragraph (2) are exercisable by the combined authority in relation to the combined area. 2 the provisions referred to in paragraph (1) are - a section 144 of the local government act 1972 (the power to encourage visitors and provide conference and other facilities) ; b section 145 of the local government act 1972 (provision of entertainments) ; and c section 69 of the 2009 act (duty to prepare an assessment of economic conditions). 3 the functions referred to in paragraph (1) are exercisable concurrently with the constituent councils. 4 any requirement in any enactment for a constituent council to exercise such a function may be fulfilled by the exercise of that function by the combined authority. 5 the provisions referred to in paragraph (1) apply to the combined authority as they apply to a constituent council. incidental provisions 20 1 the provisions set out in paragraph (2) have effect as if the combined authority were a local authority for the purposes of those provisions. 2 the provisions referred to in paragraph (1) are - a section 113 of the local government act 1972 (placing staff at the disposal of other local authorities) ; b section 142(2) of the local government act 1972 (power to arrange for publication of information etc relating to the functions of the authority) ; and c section 222 of the local government act 1972 (power to prosecute and defend legal proceedings) . 3 the combined authority has the power to exercise any of the functions described in subsection (1)(a) and (b) of section 88 of the local government act 1985 (research and collection of information) whether or not a scheme is made under that section. 4 for the purposes of paragraph (3) of this article, paragraphs (a) and (b) of section 88(1) of the local government act 1985 has effect as if a reference to "that area" were a reference to the combined area. 21 1 section 13 of the local government and housing act 1989 (voting rights of members of certain committees: england and wales) has effect as if - a in subsection (4), after paragraph (e) there were inserted - ea subject to subsection (4a), a committee appointed by the newcastle upon tyne, north tyneside and northumberland combined authority; ; and b after subsection (4) there were inserted - 4a a person who is a member of a committee falling within paragraph (ea) of subsection (4) or a sub-committee appointed by such a committee must for all purposes be treated as a non-voting member of that committee or sub-committee unless that person is a member of one of the constituent councils as defined by article 2 of the newcastle upon tyne, north tyneside and northumberland combined authority (establishment and functions) order 2018. . 22 1 column 1 of the table in part 2 of schedule 3 (appropriate administering authority) to the local government pension scheme regulations 2013 is amended in accordance with paragraph (2). 2 for "an employee of the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority established by the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority order 2014" substitute - an employee of the following combined authorities - a the durham, gateshead, south tyneside and sunderland combined authority established by the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority order 2014; and b the newcastle upon tyne, north tyneside and northumberland combined authority established by the newcastle upon tyne, north tyneside and northumberland combined authority (establishment and functions) order 2018. 23 1 the transport levying bodies regulations 1992 are amended as follows. 2 in regulation 2 (interpretation) - a insert after the definition of the "1992 act" - "the 2014 order" means the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority order 2014; "the 2018 order" means the newcastle upon tyne, north tyneside and northumberland combined authority (establishment and functions) order 2018; b in the definition of "combined authority" - aa omit "or" before "(ah)";; bb after "(ah)" insert "or (ai)". 3 in regulation 3 (application) - i in sub-paragraph (ae), for "the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority", substitute "the durham, gateshead, south tyneside and sunderland combined authority"; ii after sub-paragraph (ah) insert - ai the newcastle upon tyne, north tyneside and northumberland combined authority established by the newcastle upon tyne, north tyneside and northumberland combined authority (establishment and functions) order 2018. 4 after regulation 7(4)(ad) (apportionment of levies) insert - ae in the case of levies to be issued by the newcastle upon tyne, north tyneside and northumberland combined authority pursuant to article 27(5), in accordance with regulation 7b. . 5 for regulation 7b substitute - calculation and apportionment of levies issued by the durham, gateshead, south tyneside and sunderland combined authority and the newcastle upon tyne, north tyneside and northumberland combined authority 7b 1 the amounts of the levies to be issued by the durham, gateshead, south tyneside and sunderland combined authority and the newcastle upon tyne, north tyneside and northumberland combined authority ("the authorities") under article 5(3) of the 2014 order and article 27(5) of the 2018 order to their constituent councils for the financial year 2019 to 2020, or any subsequent financial year, are to be determined by the joint transport committee in accordance with the following provisions of this regulation. 2 the joint transport committee must apportion the estimated relevant expenditure of the authorities for the financial year in question between - a expenditure which the joint transport committee estimates will be attributable to the exercise of the authorities' functions in relation to the county of tyne and wear ("the tyne and wear component"); b expenditure which the joint transport committee estimates will be attributable to the exercise of the authorities' functions in relation to the county of durham (the durham component); and c expenditure which the joint transport committee estimates will be attributable to the exercise of the authorities' functions in relation to the county of northumberland ("the northumberland component"). 3 the tyne and wear component must be met by means of the levy issued to - a the councils for the local government areas of gateshead, south tyneside and sunderland by the durham, gateshead, south tyneside and sunderland combined authority under article 5(3)(a) of the 2014 order; and b the councils for the local government areas of newcastle upon tyne and north tyneside by the newcastle upon tyne, north tyneside and northumberland combined authority under article 27(5)(a) and (b) of the 2018 order. 4 the durham component must be met by means of the levy issued to durham county council under article 5(3)(b) of the 2014 order. 5 the northumberland component must be met by means of the levy issued to northumberland county council under article 27(5)(c) of the 2018 order. 6 where, in respect of any financial year, the joint transport committee estimates that the apportionment of the actual expenditure of the authorities between the tyne and wear, durham and northumberland components will differ from that estimated under paragraph (2), the joint transport committee must make appropriate adjustments to its estimates under paragraph (2) for the following financial year. 7 those adjustments must be made with a view to ensuring that, so far as practicable and taking one year with another, the proportions in which relevant expenditure is met by the levies referred to in paragraph (3) to (5) reflect the actual expenditure of the authorities on the tyne and wear, durham and northumberland components. 8 the proportions in which the levy issued to the councils under paragraph (3) is to be shared among those councils are to be determined in the same way as proportions determined under regulation 7(3) in the case of a levy issued by an integrated transport authority. 9 in this regulation, "joint transport committee" means the joint transport committee appointed under article 8 of the newcastle upon tyne, north tyneside and northumberland combined authority (establishment and functions) order 2018. . 24 1 the sub-national transport body (transport for the north) regulations 2018 are amended as follows. 2 in the definition of "constituent authorities" in regulation 2 - i for "the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority" substitute "the durham, gateshead, south tyneside and sunderland combined authority"; ii after "north lincolnshire borough council" insert "newcastle upon tyne, north tyneside and northumberland combined authority". data sharing 25 1 the functions of the constituent councils described in section 17a (sharing of information) of the crime and disorder act 1998 are exercisable by the combined authority in relation to the combined area. 2 the combined authority is a relevant authority for the purposes of section 115 (disclosure of information) of the crime and disorder act 1998 . 3 the functions mentioned in paragraph (1) are exercisable concurrently with the constituent councils. part 7 mayoral functions and funding functions exercisable only by the mayor 26 1 the functions set out in paragraph (2) are general functions exercisable only by the mayor. 2 the functions referred to in paragraph (1) are - a the functions of the combined authority in the following enactments - i section 9(2) of the 2008 act (acquisition of land); and ii section 17 of the 1985 act (acquisition of land for housing purposes) insofar as they are exercisable for the purpose of acquiring land compulsorily in accordance with section 17(3); and b the functions of the combined authority corresponding to the functions specified in the following provisions of the 2011 act - i section 197 (designation of mayoral development areas); ii section 199 (exclusion of land from mayoral development areas); iii section 200 (transfer of property etc. to a mayoral development corporation); iv section 202 (functions in relation to town and country planning); v section 204 (removal or restriction of planning functions); vi sections 214 to 217; vii sections 219 to 221; and viii paragraphs 1 to 4, 6 and 8 of schedule 21 (mayoral development corporations). 3 the exercise by the mayor of the functions mentioned in paragraph (2)(a) requires the consent of - a all members of the combined authority appointed by the constituent councils whose area contains any part of the land subject to the proposed compulsory acquisition; or b substitute members acting in place of those members. 4 the exercise by the mayor of the functions corresponding to the functions contained in section 197(1) (designation of mayoral development areas) of the 2011 act requires the consent of - a all members of the combined authority appointed by a constituent council whose local government area contains any part of the area to be designated as a mayoral development area; or b substitute members acting in place of those members. 5 the exercise by the mayor of the functions corresponding to the functions contained in section 199(1) (exclusion of land from mayoral development areas) of the 2011 act in respect of any mayoral development area requires the consent of - a all members of the combined authority appointed by a constituent council whose local government area contains any part of the area to be excluded from a mayoral development area; or b substitute members acting in place of those members. 6 the exercise by the mayor of the functions corresponding to the functions contained in section 202(2) to (4) of the 2011 act (functions in relation to town and country planning) in respect of any mayoral development area requires the consent of - a the northumberland national park authority if the combined authority proposes to exercise the functions in respect of the whole or any part of the area of the northumberland national park; and b each member of the combined authority appointed by a constituent council, or a substitute member acting in place of that member, whose local government area contains the whole or any part of the area in respect of which the combined authority proposes to exercise the functions. 7 for the purpose of paragraphs (3), (4) and (5) and (6)(b), the consent must be given at a meeting of the combined authority. 8 members and officers of the combined authority may assist the mayor in the exercise of the functions mentioned in paragraph (1). 9 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 27 1 subject to paragraphs (2) and (5), the constituent councils must ensure that the costs of the combined authority reasonably attributable to the exercise of its functions are met. 2 subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the mayor in, or in connection with, the exercise of the functions specified in article 26(1), to the extent that the mayor has not decided to meet these costs from other resources available to the combined authority. 3 any amount payable by each of the constituent councils to ensure that the costs of the combined authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in equal shares between the constituent councils. 4 in relation to the expenditure mentioned in paragraph (2) - a to the extent to which such expenditure is met by amounts payable under arrangements made under paragraph (3) - i the mayor must agree with the combined authority the total expenditure mentioned in paragraph (2) in advance of incurring this expenditure; and ii in the absence of the agreement specified in paragraph (i), no such expenditure may be incurred; and b any precept issued in relation to such expenditure under section 40 of the local government finance act 1992 is to be disregarded from any calculation of the costs of the expenditure. 5 the costs of the combined authority reasonably attributable to the exercise of its functions relating to transport must be met by means of three separate levies issued by the authority to the councils for the local government areas of - a newcastle upon tyne; b north tyneside; and c northumberland, under section 74 of the local government finance act 1988 and in accordance with the transport levying bodies regulations 1992. 6 a levy issued by the durham, gateshead, south tyneside and sunderland combined authority under section 74 of the local government finance act 1988 to the councils for the local government areas of newcastle upon tyne, north tyneside and northumberland in respect of the financial year beginning 1st april 2018 has effect for that year from and after the commencement date as if it had been so issued by the combined authority. continuity 28 1 nothing in this order affects the validity of anything done, before the commencement date, by or in relation to - a the ita with respect to the functions, property, rights and liabilities transferred under article 6 of the 2014 order and article 7 of this order; b durham county council and northumberland county council with respect to the functions transferred under article 8 of the 2014 order; c durham county council and northumberland county council with respect to the functions transferred under article 7(1)(b) and (c); and d the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority with respect to functions exercised in relation to the combined area immediately before the commencement date. 2 anything (including legal proceedings) which - a is in the process of being done by or in relation to the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority immediately before the commencement date; and b which relates to any functions of the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority exercised in relation to the combined area excluding the functions exercisable by the joint transport committee under article 9(1)(a) to (g), may be continued by or in relation to the combined authority. 3 anything which - a is in effect immediately before the commencement date; and b which was made or done by or in relation to the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority for the purposes of or otherwise in connection with any functions exercised in relation to the combined area excluding the functions exercisable by the joint transport committee under article 9(1)(a) to (g), has effect as if made or done by or in relation to the combined authority. 4 the combined authority is to be substituted for the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority in any instruments, contracts or legal proceedings which - a are made or commenced before the commencement date; and b relate to any of the functions exercisable by the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority in relation to the combined area excluding the functions exercisable by the joint transport committee under article 9(1)(a) to (g). 5 anything (including legal proceedings) which is in the process of being done by or in relation to a relevant body immediately before the commencement date and which relates to the functions exercisable by the joint transport committee under article 9(1)(a) to (g) may be continued by the combined authority and the durham, gateshead, south tyneside and sunderland combined authority acting jointly. 6 anything which - a is in effect immediately before the commencement date; and b which was made or done by or in relation to a relevant body for the purposes of or otherwise in connection with any of the functions exercisable by the joint transport committee under article 9(1)(a) to (g), has effect as if made or done by or in relation to the combined authority and the durham, gateshead, south tyneside and sunderland combined authority acting jointly. 7 the combined authority and the durham, gateshead, south tyneside and sunderland combined authority are jointly to be substituted for a relevant body in any instruments, contracts or legal proceedings which - a are made or commenced before the commencement date; b and relate to any of the functions exercisable by the joint transport committee under article 9(1)(a) to (g). 8 paragraphs (2) to (7) are subject to article 11(6) of the 2014 order. 9 for the purposes of this article, a relevant body is - a the ita; b durham county council; c northumberland county council; and d the durham, gateshead, newcastle upon tyne, north tyneside, northumberland, south tyneside and sunderland combined authority. 10 a reference in this article to anything made or done by or in relation to a relevant body includes a reference to anything which by virtue of any enactment is to be treated a having been made or done by or in relation to that authority. amendments to the 2014 order 29 schedule 5 (which makes amendments to the 2014 order) has effect. signed by authority of the secretary of state for housing, communities and local government jake berry parliamentary under secretary of state ministry of housing, communities and local government 1st november 2018

citation and commencement 1 this order may be cited as the armed forces and reserve forces (compensation scheme) (amendment no. 2) order 2018 and comes into force - a as regards article 2(2), on 1st april 2019; b in all other regards, on 28th february 2019. amendment of the armed forces and reserve forces (compensation scheme) order 2011 2 1 the armed forces and reserve forces (compensation scheme) order 2011 is amended as follows. 2 in article 4 (definition of salary), after paragraph (3), insert - 4 in relation to a member or former member who is (or was) serving on flexible terms for any period, the amounts to be used for any calculation under this article in respect of that period of flexible service are to be determined as though the member or former member had not served on flexible terms for that period. 5 in this article - "flexible service" means one or both of the following types of service - part-time service; restricted separation service, and references to a member serving on flexible terms must be construed accordingly; "part-time service" means - for enlisted members, a period of service where the member is serving in accordance with an arrangement provided for in regulations made under section 329(2)(ha) of the armed forces act 2006 ; for members who are officers, a period of service on equivalent terms of service; "restricted separation service" means - for enlisted members, a period of service where the member is serving in accordance with an arrangement which does not restrict the member's service in a particular area but does make it subject to other geographic restrictions provided for in regulations made under s329(2)(i) of the armed forces act 2006 ; for members who are officers, a period of service on equivalent terms of service. . 3 in schedule 3, in part 1, in table 9, after item 35, insert - 35a 15 overuse injury of foot or heel which has not required operative treatment. tobias ellwood parliamentary under secretary of state ministry of defence 11th october 2018

citation and commencement 1 these regulations may be cited as the relevant overseas schemes (transfer of sums and assets) regulations 2018 and come into force on 6th april 2018. interpretation 2 in these regulations "part", "section" or "schedule", without more, means a part, section or schedule of the finance act 2004. relevant overseas transfer 3 1 paragraph 2 applies where there is a transfer within section 169(7b) (relevant overseas transfer) of sums or assets which, if the relevant overseas scheme were a registered pension scheme, would represent - a rights in respect of a scheme pension to which a member of that relevant overseas pension scheme has become entitled ("the original pension") and those sums and assets are, after the transfer, applied towards the provision of a scheme pension ("the new pension"), or b a member's flexi-access drawdown fund ("the original pension") or a member's drawdown pension fund ("the original pension") under that relevant overseas scheme, which, after the transfer, is designated as available for payment of a drawdown pension ("the new pension") or applied towards the provision of a scheme pension ("the new pension"). 2 the new pension is to be treated as if it were the original pension for the purposes of part 4 prescribed in the table. prescribed purposes - relevant overseas transfer provision purpose paragraph 2a(3) and (5) of schedule 28 (unauthorised payments) to determine - the rate payable when the member became entitled to the pension, and the amount of any lump sum on which there is no liability to tax to which the member became entitled in conjunction with the pension, by reference to the original pension. paragraph 8 of schedule 28 (member's drawdown pension fund) to determine whether the member's funds are newly designated funds to prevent the funds becoming newly designated funds as a result of the transfer. paragraph 1(1) and (3)(a) of schedule 29 (pension commencement lump sum) to determine whether the member has become entitled to a lump sum in connection with the member becoming entitled to the new pension by reference to the original pension (to prevent a lump sum to which a member becomes entitled in connection with becoming entitled to the new pension being a pension commencement lump sum). paragraph 14(3) of schedule 29 (pension protection lump sum death benefit) to determine - the amount crystallised by reason of the member becoming entitled to the pension (ac) by reference to the member becoming entitled to the original pension, the amount of the pension paid (ap) as that paid in respect of the original pension and the new pension in respect of the period between the member becoming entitled to the original pension and the member's death, and the total amount of the pension protection lump sum death benefit (tpls) by reference to that paid in respect of the original pension and the new pension. paragraph 16(3) of schedule 29 (annuity protection lump sum death benefit) to determine - the amount crystallised by reason of the member becoming entitled to the pension (ac) by reference to the member becoming entitled to the original pension, the amount paid (ap) as that paid in respect of the original pension and the new pension in respect of the period between the member becoming entitled to the original pension and the member's death, and the total amount of the annuity protection lump sum death benefit (tpls) by reference to that paid in respect of the original pension and the new pension. term and reduction in the rate of new pension 4 1 in the case of a new pension treated as the original pension by virtue of regulation 3(2) a reduction of that pension is a prescribed circumstance for the purposes of paragraph 2(4) of schedule 28 (scheme pension) if - a the rate of the pension payable under the new pension on the day on which the member becomes entitled to it is not less than the rate payable under the original pension immediately before the original pension ceased to be payable, save to the extent that any reduction reflects reasonable administration costs of the transfer of sums or assets, and b where the new pension is payable until the later of the member's death and the end of a term certain, that term ends before the date on which the term certain under the original pension would have ended. 2 in paragraph (1)(a) "administration costs" includes the payment of wages, salaries or fees to persons engaged in administering the pension scheme. justin holliday melissa tatton two of the commissioners for her majesty's revenue and customs 14th march 2018

citation and commencement 1 these regulations may be cited as the education (pupil information) (england) (amendment) regulations 2018 and come into force on 1st september 2018. amendments to the education (pupil information) (england) regulations 2005 2 schedule 1 to the education (pupil information) (england) regulations 2005 is amended as follows - a in paragraph 2(2)(a) after "p scale 4" omit "or above", b in paragraph 2(2)(b) after "p scale 4" omit "or above", and c omit sub-paragraph 2(2)(c). 3 schedule 2 to the education (pupil information) (england) regulations 2005 is amended as follows - a in paragraph 6(3)(a) after "p scale 4" omit "or above", b in paragraph 6(3)(b) after "p scale 4" omit "or above", and c omit sub-paragraphs (c) and (d). nick gibb minister of state department for education 6th june 2018

citation 1 this order may be cited as the double taxation relief (base erosion and profit shifting) order 2018. double taxation and international enforcement arrangements to have effect 2 it is declared that - a the arrangements specified in the convention set out in the schedule to this order have been made; b the arrangements have been made with a view to affording relief from double taxation in relation to capital gains tax, corporation tax and income tax and taxes of a similar character imposed by the laws of territories outside of the united kingdom; and c it is expedient that those arrangements should have effect. ceri king deputy clerk of the privy council

part 1 general provisions title, application and commencement 1 these regulations may be cited as the carcase classification and price reporting (england) regulations 2018; they apply in england and come into force on 3rd december 2018. interpretation 2 1 in these regulations - "the 2010 regulations" means the beef and pig carcase classification (england) regulations 2010 ; "adult bovine animal" means a bovine animal aged eight months or more; "approved slaughterhouse" means an establishment used for slaughtering pigs or adult bovine animals, the meat of which is intended for human consumption and which is approved or conditionally approved under article 4 of regulation (ec) no 853/2004 of the european parliament and of the council laying down specific hygiene rules for food of animal origin ; "authorised officer" means a person authorised by the secretary of state for the purposes of these regulations, but does not include a person appointed for the purpose of considering an appeal under regulation 11; "bovine carcase" means a carcase or half-carcase of a slaughtered adult bovine animal bearing a health mark provided for in article 5(2) of, and chapter iii of section 1 of annex 1 to, regulation (ec) no 854/2004 of the european parliament and of the council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption ; and in this definition - "carcase" means the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning, and "half-carcase" means the product obtained by separating the carcase symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and ischiopubic symphysis; "classification" means - the classification of bovine carcases in accordance with the european beef provisions, or the classification of pig carcases in accordance with the european pig provisions and with regulation 15, as the case may be and cognate terms are to be construed accordingly; "clean pig" means a pig which has not been used for breeding; "commission delegated regulation" means commission delegated regulation (eu) 2017/1182 supplementing regulation (eu) no 1308/2013 of the european parliament and of the council as regards the union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals; "commission implementing regulation" means commission implementing regulation (eu) 2017/1184 laying down rules for the application of regulation (eu) no 1308/2013 of the european parliament and of the council as regards the union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals; "european beef provision" means a provision which is specified in column 2 of schedule 1, the subject matter of which is described in column 3 of that schedule; "european pig provision" means a provision which is specified in column 2 of schedule 2, the subject matter of which is described in column 3 of that schedule; "operator" means a person carrying on the business of an approved slaughterhouse; "pig carcase" means the body of a slaughtered clean pig, bled and eviscerated, whole or divided down the mid-line; "prescribed communication" means a communication of the results of the classification as required by article 1 of the commission implementing regulation; and "regulation (eu) 2013" means regulation (eu) no 1308/2013 of the european parliament and of the council establishing a common organisation of the markets in agricultural products. 2 other terms used in these regulations that are also used in regulation (eu) 2013, the commission delegated regulation or the commission implementing regulation have the meaning they bear in those regulations. 3 in these regulations, any reference to - a regulation (eu) 2013, b the commission delegated regulation, or c the commission implementing regulation, is to be construed as a reference to that instrument as amended from time to time. transitional provisions 3 any notice, licence, approval or authorisation, given or granted under the 2010 regulations and which has effect at the coming into force of these regulations remains in force as if it were given or granted under these regulations. consequential amendments 4 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), for "commission regulation 1249/2008 laying down detailed rules on the implementation of the community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof" substitute the following at the appropriate place - "commission delegated regulation (eu) 2017/1182 supplementing regulation (eu) no 1308/2013 of the european parliament and of the council as regards the union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals"; and "commission implementing regulation (eu) 2017/1184 laying down rules for the application of regulation (eu) no 1308/2013 of the european parliament and of the council as regards the union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals". revocations 5 the following are revoked - a the beef and pig carcase classification (england) regulations 2010; b regulation 2 of the single common market organisation (consequential amendments) regulations 2013 ; and c regulation 28 of the environment, food and rural affairs (miscellaneous amendments) (england) regulations 2018 . part 2 notifications by operators notifications by operators 6 1 every person who - a is an operator on 3rd december 2018, or b becomes an operator on a subsequent date must, within 28 days of 3rd december 2018 or of the date on which that person becomes an operator as the case may be, give notice to the secretary of state of the particulars specified in paragraph (3). 2 a person - a who has given notice, or who has been deemed to have given notice, under regulation 5(1) or (2) of the 2010 regulations, and b to whom these regulations apply by virtue of regulation 7 or regulation 13 is deemed to have given notice under paragraph (1). 3 the particulars referred to in paragraph (1) are - a the full name and address of the operator; b where the operator is a partnership or has joint owners, the full names and addresses of all the partners or joint owners; c where the operator is a body corporate, the full name, registered office address and registration number of the body; and d the address, telephone number and approval number of the slaughterhouse. 4 where any change occurs in any of the particulars specified in paragraph (3), the operator must within 28 days of the change give notice to the secretary of state of the particulars of the change. 5 where an operator ("o") ceases to be the operator of an approved slaughterhouse, o must within 10 days of the cessation give notice to the secretary of state of - a the date of the cessation; and b the person (if any) succeeding o as operator of that slaughterhouse. 6 where an approved slaughterhouse ceases to be such a slaughterhouse, its operator must within 10 days of such cessation give notice to the secretary of state of the date of that cessation. part 3 bovine carcases application of these regulations to small-scale bovine operators 7 1 a small-scale bovine operator is not required to classify bovine carcases. 2 these regulations do not apply to a small-scale bovine operator which does not classify carcases. 3 but if a small-scale bovine operator chooses to classify bovine carcases, these regulations apply in relation to that operator and the classification of those carcases. 4 in this regulation, "small-scale bovine operator" means an operator of an approved slaughterhouse at which fewer than 150 adult bovine animals per week as an annual average are slaughtered. 5 any small-scale bovine operator who, until the coming into force of these regulations, was required to classify bovine carcases under the 2010 regulations shall not by that reason alone be deemed to have chosen to do so for the purposes of paragraph (3). 6 nothing in this regulation prevents the application of these regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator's slaughterhouse. competent authority: bovine carcases 8 1 the secretary of state is the competent authority for the purposes of - a article 12(2)(b) of the commission delegated regulation (additional provisions on classification by automated grading techniques); b articles 13 and 14 of the commission delegated regulation and article 14 of the commission implementing regulation (reporting of market prices and calculation of average price per class); c article 17(2) of the commission delegated regulation (supplementary provisions for reporting of market prices for carcases); d article 4(1) of the commission implementing regulation (making and keeping reports for on-the-spot checks). 2 the secretary of state is responsible for - a authorisation of automated grading methods for beef carcases as described in article 10 of the commission delegated regulation; b notifications to the commission as described in article 25 of the commission delegated regulation; c on-the-spot checks as described in articles 2 and 3 of the commission implementing regulation. licence to carry out classification 9 1 the secretary of state may grant a licence to carry out visual classification of bovine carcases to any person who applies for such a licence and who appears to the secretary of state to be qualified to carry out the classification, if the secretary of state is satisfied that the person is a fit and proper person to carry out classification of bovine carcases. 2 the licence may be made subject to such terms and conditions as the secretary of state considers necessary for the purposes of paragraph (1). 3 in addition to the power to revoke a licence in the circumstances mentioned in article 4(2) of the commission implementing regulation (incorrect classification, presentations or identifications), the secretary of state may suspend or revoke a licence granted to a person under this regulation if - a the person has contravened any of the terms or conditions of that licence; or b the secretary of state is satisfied that the person holding that licence is no longer a fit and proper person to carry out classification of bovine carcases. 4 where the secretary of state takes any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 11, the secretary of state must - a inform the person of the decision in writing; b give the reasons; and c explain that there is a right of appeal to a person appointed by the secretary of state. licence for automated grading 10 1 the secretary of state may grant to the operator of an approved slaughterhouse a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse, if the secretary of state is satisfied on the application of the operator for such a licence that the equipment and the manner of its operation would meet the standards required by article 9(b) and 10(2) (read with part a of annex iv ) of the commission delegated regulation. 2 the licence may be made subject to such terms and conditions as are necessary to ensure compliance with those standards. 3 in addition to the power to revoke a licence in the circumstances mentioned in article 4(2) of the commission implementing regulation, the secretary of state may suspend or revoke a licence granted to an operator under this regulation if - a the operator has contravened any of the terms or conditions of the licence; or b the secretary of state considers that the automated grading equipment no longer meets the standards required by the commission delegated regulation, whether for reasons connected with the equipment itself or with the operator's manner of operation of the equipment. 4 where the secretary of state takes any decision in relation to a licence under this regulation which gives rise to a right to appeal under regulation 11, the secretary of state must - a inform the person of the decision in writing; b give the reasons; and c explain that there is a right of appeal to a person appointed by the secretary of state. appeals regarding licences 11 1 a person may appeal against - a a decision by the secretary of state to refuse an application by that person for a licence under regulation 9 or 10; b a term or condition imposed by the secretary of state in a licence granted to that person under regulation 9 or 10; or c a decision by the secretary of state to suspend or revoke a licence under regulation 9 or 10. 2 the appeal must be made to a person appointed for the purpose by the secretary of state. 3 the secretary of state may also make written representations to the appointed person concerning the decision. 4 the appointed person must consider the appeal and any representations made by the secretary of state and must report in writing to the secretary of state with the person's conclusions on the appeal and a recommendation as to the manner in which the matter should be finally determined by the secretary of state. 5 the secretary of state must then make a final determination and notify the appellant of that determination and the reasons for it. records: bovine carcases 12 1 an operator of an approved slaughterhouse must keep a record of the particulars specified in schedule 3 relating to each bovine carcase which is classified in that slaughterhouse. 2 the operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates. part 4 pig carcases exemption for small-scale pig operators 13 1 these regulations do not apply to the operator of an approved slaughterhouse at which fewer than 500 clean pigs per week as an annual average are slaughtered. 2 nothing in paragraph (1) prevents the application of these regulations to an operator in relation to bovine carcases if adult bovine animals are also slaughtered in that operator's slaughterhouse. competent authority: pig carcases 14 1 the secretary of state is the competent authority for the purposes of - a article 7(4) of the commission delegated regulation (classification and weighing); b article 12(2)(b) of the commission delegated regulation (additional provisions on classification by automated grading techniques); c articles 13 and 14 of the commission delegated regulation and article 14 of the commission implementing regulation (reporting of market prices and calculation of average price per class); d article 17(2) of the commission delegated regulation (supplementary provisions for reporting of market prices for carcases); e article 4(1) of the commission implementing regulation (making and keeping reports for on-the-spot checks). 2 the secretary of state is responsible for - a authorisation of automated grading methods for pig carcases as described in article 11 of the commission delegated regulation; b notifications to the commission as described in article 25 of the commission delegated regulation; c on-the-spot checks as described in articles 2 and 3 of the commission implementing regulation. authorised grading methods 15 1 the classification of pig carcases must be carried out at an approved slaughterhouse - a using an authorised grading method provided for in article 11 of the commission delegated regulation; and b using grading techniques provided for in article 11 of the commission delegated regulation which are operated by qualified personnel. 2 in this regulation, "qualified personnel" refers to any person who is proficient in using the equipment and the grading techniques being operated by that person. records instead of marking 16 an operator or the person responsible for the classification of pigs may, instead of marking a carcase in accordance with the european pig provisions set out in part 2 of schedule 2, draw up a record for that carcase which comprises at least - a the individual identification of the carcase by any unalterable means; b the warm weight of the carcase; and c the result of the classification. records: pig carcases 17 1 an operator of an approved slaughterhouse must keep a record of the particulars specified in schedule 4 relating to each pig carcase which is classified in that slaughterhouse. 2 the operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates. part 5 enforcement and offences notices 18 1 any notice required or authorised under these regulations to be given to any person must be in writing. 2 any such notice may be given by - a delivering it to the person; b leaving it at the person's proper address; or c sending it by post to the person at that address. 3 where any such notice is to be given to a body corporate, it may be given to an officer of the body. 4 for the purposes of this regulation, the proper address of any person to whom a notice is to be given is the person's last known address, except that in the case of a body corporate or an officer of the body, the proper address is the address of the registered or principal office of the body. 5 in this regulation - "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and "officer", in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate. powers of entry 19 1 an authorised officer may at any reasonable hour and on producing, if so required, a duly authenticated authorisation, enter an approved slaughterhouse and any associated premises in which carcases may be handled or records relating to those carcases may be kept, for the purpose of ascertaining whether - a any offence under these regulations is being or has been committed on the premises; or b there is on the premises any evidence of any such offence. 2 the officer may be accompanied by such other persons as the officer considers necessary. 3 a justice of the peace may by signed warrant permit an authorised officer to enter any premises, if necessary by reasonable force, if satisfied on sworn information in writing that - a there is reasonable ground for entry into the premises for any purpose in paragraph (1); and b any of the following conditions are met - i admission to the premises has been refused, or a refusal is anticipated and (in either case) notice of intention to apply for a warrant has been given to the operator; ii asking for admission, or the giving of such notice, would defeat the object of the entry; iii the case is one of urgency; or iv the premises are unoccupied, or the operator is temporarily absent. 4 a warrant granted under this regulation continues in force for three months. 5 an officer who enters any unoccupied premises, or premises from which the operator is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry. powers of authorised officers 20 an authorised officer entering premises under these regulations may - a inspect any bovine carcase or pig carcase or part of such a carcase, or any carcase or part of a carcase which the officer reasonably suspects to be a bovine or pig carcase or part of such a carcase; b examine any record which an operator is required to keep under regulation 12 or 17 or under the commission delegated regulation or the commission implementing regulation, and where any such record is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been in use in connection with that record; c require that copies of or extracts from any such record be produced and, where such record is kept by means of a computer, require it to be produced in a form in which it may be taken away; and d retain any such record which the officer has reason to believe may be required as evidence in proceedings under these regulations. enforcement notices 21 1 if the secretary of state has reason to believe that a person has committed an offence under these regulations, the secretary of state may give that person an enforcement notice in accordance with paragraph (2). 2 an enforcement notice must - a state the secretary of state's grounds for believing that an offence has been committed; b specify the matter that constitutes the offence; c specify what that person must stop doing, or the measures that, in the secretary of state's opinion, the person must take in order to comply with these regulations; d require the person to stop doing the action specified in the notice, or to take the measures specified in the notice or measures at least equivalent to them, within the period (being not less than 14 days) specified in the notice; e inform the person of the right of appeal conferred by regulation 22; and f inform the person of the period within with such an appeal may be brought. 3 any person who contravenes or fails to comply with an enforcement notice is guilty of an offence. appeals against enforcement notices 22 1 a person may appeal to a magistrates' court against an enforcement notice if that person has reason to believe that the notice should not have been given. 2 a person may appeal within the period of one month beginning with the date on which the notice was given. 3 the procedure is by way of complaint for an order; and the magistrates' court act 1980 applies to the proceedings. 4 on an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court thinks fit. penalty notices 23 1 if the secretary of state has reason to believe that a person has committed an offence under these regulations, the secretary of state may give that person a notice (a "penalty notice") in accordance with paragraphs (2) and (3). 2 a penalty notice may be of any amount. 3 a penalty notice must - a give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence; b state the amount of the penalty; c state the period during which, by virtue of regulation 24, proceedings will not be taken for the offence; d state the person to whom and the address at which the penalty may be paid; and e state the means by which payment of the penalty may be made. restriction on proceedings for penalty offence 24 1 where a person is given a penalty notice - a no proceedings may be brought against that person for the offence to which that notice relates before the end of the period of 28 days, beginning with the date on which the notice was given; and b that person may not be convicted of the offence if the penalty is paid in accordance with regulation 25 before the end of that period. 2 paragraph (1) does not apply if the penalty notice is withdrawn in accordance with regulation 26. payment of penalty 25 1 payment of any penalty must be made to the secretary of state by sending it by post or by such method as may be specified in the penalty notice. 2 in any proceedings a certificate purporting to be signed by or on behalf of the secretary of state stating that payment of a penalty was or was not received by the date specified in the certificate is evidence of the facts stated. withdrawal of penalty notice 26 1 a penalty notice may be withdrawn if the secretary of state has reason to believe that it ought not to have been given (whether to the person named in the penalty notice or otherwise). 2 a penalty notice may be withdrawn by the secretary of state giving notice to the person named in the penalty notice before or after payment of the penalty. 3 where a penalty notice is withdrawn, the secretary of state must repay any penalty paid under the penalty notice to the person named in the penalty notice within 28 days, beginning with the date on which notice of the withdrawal of the penalty notice was sent. offences: european beef provisions 27 any person who - a fails to comply with any requirement under a european beef provision, or b contravenes any prohibition contained in a european beef provision, is guilty of an offence. offences: european pig provision 28 1 any person who - a fails to comply with any requirement under a european pig provision, or b contravenes any prohibition contained in a european pig provision, is guilty of an offence. 2 but where an operator or the person responsible for the classification of pig carcases draws up a record in compliance with the conditions referred to in regulation 16 (records instead of marking) no offence is committed by failure to comply with or contravening a part 2 european pig provision. 3 in this regulation, "part 2 european pig provision" means a provision which is specified in column 2 of part 2 of schedule 2. offences: notifications by operators 29 any person who fails to comply with any requirement of regulation 6 (notification by operators) is guilty of an offence. offences: licences (bovine carcases) 30 1 if classification of a bovine carcase is carried out at an approved slaughterhouse - a without a licence granted under regulation 9, or b in breach of any term or condition of such a licence, the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence. 2 if classification of a bovine carcase is carried out at an approved slaughterhouse by means of automated grading equipment - a without a licence granted under regulation 10 for the use of that equipment at that slaughterhouse, or b in breach of any terms or condition of such a licence, the person who carries out that classification and the operator of that slaughterhouse are each guilty of an offence. 3 any person who makes an alteration to a licence granted under regulation 9 or 10 is guilty of an offence. offences: authorised grading methods (pig carcases) 31 if classification of a pig carcase is carried out at an approved slaughterhouse using a grading method or grading technique in a manner which fails to comply with the requirements of regulation 15, the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence. offences: records and marks 32 1 any person who fails to comply with any requirement of regulation 12 (records: bovine carcases) or regulation 17 (records: pig carcases) is guilty of an offence. 2 any person who marks a bovine carcase or part of such a carcase - a as prescribed by article 8(1), (2)(a), (3)(a) (read with the second paragraph of article 8(3)), (4) and (5) of the commission delegated regulation, or b in a way closely resembling the marking prescribed by those provisions, which is likely to mislead, is guilty of an offence. 3 any person who marks a pig carcase or part of such a carcase - a as prescribed by article 8(1), (2)(b), (3)(c) (read with the second paragraph of article 8(3)), (4) and (5) of the commission delegated regulation, or b in a way closely resembling the marking prescribed by those provisions, which is likely to mislead, is guilty of an offence. offences: obstruction etc. 33 any person who - a without reasonable excuse, obstructs any person acting under these regulations, b without reasonable cause, fails to give any person acting under these regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these regulations, c gives any person acting under these regulations any information knowing it to be false or misleading, or d fails to produce any document or record when required to do so by any person acting under these regulation, is guilty of an offence. period for bringing prosecution 34 1 proceedings for an offence under regulations 21(3), 27, 28, 29, 30, 31, 32(1) or 33 may be brought within a period of 12 months from the date on which the prosecutor first knows of evidence sufficient, in the prosecutor's opinion, to justify proceedings. 2 but no such proceedings may be brought more than 18 months from the commission of the offence. 3 for the purposes of paragraph (1) - a a certificate signed by or on behalf of the prosecutor and stating the date on which the prosecutor first knew of evidence sufficient to justify the proceedings is conclusive evidence of that fact; b a certificate stating the matter and purporting to be so signed is deemed to be so signed unless the contrary is proved. offences by bodies corporate 35 1 if an offence under these regulations committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer, that 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 that member's functions of management as if that member were a director of the body. 3 in this regulation, "officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. defence of due diligence 36 it is a defence for a person charged with an offence under these regulations (p) to prove that p took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by p or by a person under p's control. offences: punishment 37 1 a person guilty of an offence under - a regulation 21(3) (enforcement notices), b regulation 27 (european beef provisions), c regulation 28 (european pig provisions), d regulation 29 (notifications by operators), e regulation 30 (licences (bovine carcases)), f regulation 31 (authorised grading methods: (pig carcases)), g regulation 32(1) (records), or h regulation 33 (obstruction etc.) is liable on summary conviction to a fine. 2 a person guilty of an offence under regulation 32(2) or (3) (misleading marks etc.) is liable - a on summary conviction to a fine; or b on conviction on indictment, to a fine. george eustice minister of state department for environment, food and rural affairs 6th november 2018

citation and commencement 1 this order may be cited as the armed forces act 2006 (amendment of schedule 2) order 2018 and comes into force on 1st march 2018. amendment of schedule 2 to the armed forces act 2006 2 1 schedule 2 to the armed forces act 2006 (schedule 2 offences) is amended as follows. 2 in paragraph 12(at), omit "3, 66, 67 or". tobias ellwood parliamentary under secretary of state ministry of defence 5th february 2018

part 1 general citation, commencement extent and application 1 1 these regulations may be cited as the police and firefighters' pensions (amendment) regulations 2018. 2 these regulations come into force on 8th october 2018 but - a regulations 4 and 43 have effect from 6th april 2006; b regulations 40 and 44 have effect from 1st april 2007; c regulations 41 and 45 have effect from 1st december 2009; d regulations 7 to 22, 24 to 29, 31 to 37 and 46 have effect from 1st april 2015. 3 these regulations extend to england and wales. 4 part 3 of these regulations applies in england only. part 2 police pensions chapter 1 amendment to the police pensions regulations 1987 2 1 the police pensions regulations 1987 are amended in accordance with this regulation. 2 after part n insert - part o voluntary scheme pays arrangement o1 1 a member of a police force may serve notice on the police pension authority requesting the authority to discharge that member's liability to an annual allowance charge where the conditions in paragraph (2) are satisfied. 2 the conditions mentioned in paragraph (1) are that - a the police pension authority is not jointly liable under section 237b of the finance act 2004 (liability of scheme administrator) in relation to the charge; b the pension scheme input amount for a tax year for the member in relation to all police pension schemes of which the individual is a member, exceeds the annual allowance applicable to that member for that tax year; and c the amount of the member's liability to an annual allowance charge for a tax year exceeds 1,000. 3 the police pension authority may fix a date in relation to any tax year by which a notice under paragraph (1) must be given. 4 where the police pension authority discharges a liability under paragraph (1), consequential adjustment must be made to the member's entitlement to benefits under this scheme on a basis that is just and reasonable having regard to normal actuarial practice. 5 in this rule - "annual allowance" has the meaning given in section 228 (annual allowance) of the finance act 2004; "annual allowance charge" has the meaning given in section 227 (annual allowance charge) of the finance act 2004; "pension scheme input" has the meaning given in section 237b(2) of the finance act 2004; "tax year" means a period of one year which is the period of assessment for income tax purposes; and "police pension schemes" means this scheme, the pension scheme set out in the police pensions regulations 2006 or the scheme set out in the police pensions regulations 2015. . chapter 2 amendments to the police pensions regulations 2006 3 the police pensions regulations 2006 are amended in accordance with regulations 4 and 5. surviving cohabiting partners 4 1 in regulation 40(2)(a) (survivors) - a for the words before paragraph (i) substitute "the following conditions are met"; b in paragraph (iii) omit "(where they are of opposite sexes)" and "(where they are of the same sex)"; c omit paragraph (iv); and d omit "and had not revoked that declaration before his death;". 2 omit regulation 40(4). 3 in regulation 46 (lump sum death grant) - a in paragraph (4)(c) at the beginning insert "subject to paragraph (4a),"; and b after paragraph (4) insert - 4a unless paragraph (4b) applies, a police pension authority must pay a grant to a person of the description in paragraph (4)(b) if a grant was paid to a different person under paragraph (4)(c) or (d) before this paragraph came into force. 4b this paragraph applies where the police pension authority are of the opinion that the person of the description in paragraph (4)(b) has benefited from all of the grant paid under paragraph (4)(c) or (d). 4c the amount of a grant payable under paragraph (4a) is an amount up to the amount calculated under paragraph (3), but the police pension authority may pay such lower amount as they consider appropriate in all the circumstances if they are of the opinion that the person has benefited from some of the grant paid under paragraph (4)(c) or (d). . voluntary scheme pays arrangements 5 after regulation 85 (reduction of benefits where lifetime allowance charge payable) insert - voluntary scheme pays arrangement 85a 1 a regular police officer may serve notice on the police pension authority requesting the authority to discharge that officer's liability to an annual allowance charge where the conditions in paragraph (2) are satisfied. 2 the conditions mentioned in paragraph (1) are that - a the police pension authority is not jointly liable under section 237b of the finance act 2004 (liability of scheme administrator) in relation to the charge; b the pension scheme input amount for a tax year for the officer in relation to all police pension schemes of which the officer is a member, exceeds the annual allowance applicable to that officer for that tax year; and c the amount of the officer's liability to an annual allowance charge for a tax year exceeds 1,000. 3 the police pension authority may fix a date in relation to any tax year by which a notice under paragraph (1) must be given. 4 where the police pension authority discharges a liability under paragraph (1), consequential adjustment must be made to the officer's entitlement to benefits under this scheme on a basis that is just and reasonable having regard to normal actuarial practice. 5 in this regulation - "annual allowance" has the meaning given in section 228 (annual allowance) of the finance act 2004; "annual allowance charge" has the meaning given in section 227 (annual allowance charge) of the finance act 2004; "pension scheme input" has the same meaning as in section 237b(2) of the finance act 2004; "tax year" means a period of one year which is the period of assessment for income tax purposes; and "police pension schemes" means this scheme, the scheme set out in the 1987 regulations or the scheme set out in the police pension regulations 2015. . chapter 3 amendments to the police (injury benefits) regulations 2006 6 the police (injury benefits) regulations 2006 are amended in accordance with regulations 7 to 22. interpretation 7 in regulation 2 (meaning of certain expressions and references - general provisions) after paragraph (b) insert - ba any reference to an officer being a member of a pension scheme, however expressed, includes a reference to an officer entitled to be a member of that scheme who has opted out of making contributions, or who was entitled to be a member but has died; . pensionable and average pensionable pay and aggregate pension contributions 8 1 in regulation 4 (pensionable and average pensionable pay and aggregate pension contributions) before paragraph (1), insert - a1 this regulation applies in relation to a member of a police force who is a member of the 1987 scheme or the 2006 scheme, but who is not a member of the 2015 scheme. . 2 after regulation 4 insert - members with 2015 scheme service 4a 1 this regulation applies in relation to a member of a police force who is a member of the 2015 scheme. 2 subject to paragraphs (3) and (4), for the purpose of calculating an award payable under these regulations to or in respect of the member - a the annual value of the member's pensionable pay is the annualised amount of pensionable earnings payable to the member on the last day of service; and b the member's average pensionable pay in relation to a continuous period of pensionable service is the member's final pay in relation to that period of service. 3 for the purpose of paragraph (2)(b), in respect of an award payable to a member, if the member's final pay is calculated by reference to an earnings year in which the member was in part-time service, pensionable earnings payable to the member in respect of that year is calculated as if the member was in full-time service for that year. 4 for the purpose of calculating an award payable to an adult survivor, adult dependant relative or child survivor of the member, if the member was in part-time service for any period during that member's continuous period of pensionable service, the member's average pensionable pay is calculated in accordance with paragraph (5). 5 final pay is calculated - a for a transition member with continuity of service, as if that person had remained in the 1987 scheme or the 2006 scheme, as the case may be (see regulation 4); b for a member of the 2015 scheme who is not a transition member with continuity of service, according to the formula - p a p where - p is the final pay for the member, or if the member's final pay is calculated by reference to an earnings year in which the member was in part-time service, the full-time equivalent pay of the member for that earnings year, and ap is the appropriate proportion, calculated in accordance with paragraph (6). 6 the appropriate proportion is calculated as follows - a step 1: for each full year of pensionable service, divide the member's pensionable pay received by the full-time equivalent pensionable pay; b step 2: for any part year of pensionable service, divide the member's pensionable pay received by the full-time equivalent pensionable pay that the member would have received for working the same part of that year; c step 3: add the sums obtained in steps 1 and 2; d step 4: divide the total obtained in step 3 by the number of years of pensionable service in that member's continuous period of pensionable service. 7 in paragraph 6 - a "pensionable service" means a period of pensionable service under the 2015 scheme; and b the reference to "full-time equivalent pensionable pay" in steps 1 and 2 is to be read as a reference to "pensionable pay" for any year or part year in which the member's pensionable service was full-time. 8 for the purpose of calculating a death gratuity payable to or in respect of the member, the amount of the member's aggregate pension contributions is - a for a member of the 2015 scheme who is not a transition member with continuity of service, the amount of all member contributions and payments for added pension made by the member under the 2015 regulations; and b for a 1987 transition member with continuity of service - i the amount of all member contributions and payments for added pension made by the member under the 2015 regulations, and ii the amount of aggregate member contributions made under the 1987 scheme; c for a 2006 transition member with continuity of service - i the amount of all member contributions and payments for added pension made by the member under the 2015 regulations, and ii the amount of aggregate member contributions made under the 2006 scheme. 9 in this regulation - "continuous period of pensionable service" means - for a member of the 2015 scheme who is not a transition member with continuity of service, the member's continuous period of pensionable service under the 2015 scheme; for a 1987 transition member with continuity of service, the total of - the member's continuous period of pensionable service under the 2015 scheme, and the member's pensionable service under the 1987 scheme before the member's transition date; for a 2006 transition member with continuity of service, the total of - the member's continuous period of pensionable service under the 2015 scheme, and the member's pensionable service under the 2006 scheme before the member's transition date; "continuous period of pensionable service under the 2015 scheme" is to be construed in accordance with regulation 2 of the 2015 regulations; "earnings year" means - the 12 months ending with the member's last day of pensionable service under the 2015 scheme; or the earnings year mentioned in regulation 159(1)(b) (meaning of "final pay") of the 2015 regulations; "final pay" has the meaning given in regulation 159 of the 2015 regulations; "pensionable earnings" has the meaning given in regulation 33 (pensionable earnings) of the 2015 regulations. . disablement 9 in regulation 7 (disablement) before paragraph (1) insert - a1 this regulation applies in relation to a member of a police force who is a member of the 1987 scheme or 2006 scheme, and who is not a member of the 2015 scheme, at the time when the question as to whether the person is permanently disabled arises under these regulations for decision. . permanent disablement 10 after regulation 7 insert - permanent disablement in relation to a 2015 scheme member 7a 1 this regulation applies in relation to a member of a police force who is a member of the 2015 scheme at the time when the question as to whether the person is permanently disabled arises under these regulations for decision. 2 the person is disabled for the purpose of these regulations if the person is medically unfit within the meaning of chapter 1 of part 6 (retirement pensions payable on grounds of permanent medical unfitness: general) of the 2015 regulations. 3 the person is permanently disabled for the purpose of these regulations if at the time the decision is made, the disability is likely to be permanent. 4 in the case of a person who is totally disabled for the purpose of these regulations, paragraph (3) has effect, for the purposes of regulations 12 and 21 of these regulations, as if the reference to the person's disability being likely to be permanent were a reference to the total disablement of that person being likely to be permanent. 5 where it is necessary to determine the degree of a person's disablement, it must be determined by reference to the degree to which the person's earning capacity has been affected as a result of an injury received without the person's own default in the execution of duty as a member of a police force. 6 for the purpose of paragraph (5), a person is deemed to be totally disabled if, as a result of an injury received without the person's own default in the execution of duty as a member of a police force, the person is receiving treatment as an in-patient at a hospital. 7 where a person has retired before becoming disabled and the date on which the person becomes disabled cannot be ascertained, it is taken to be the date on which the claim that the person is disabled is first made known to the police pension authority. . disablement gratuity 11 in regulation 12 (disablement gratuity) after paragraph (3) insert - 4 for the purpose of paragraph (2)(b), the amount of aggregate pension contributions for a person with service under the 2015 scheme is - a for a person with service only under the 2015 scheme, the sum of all member contributions and payments for added pension made by the person under the 2015 regulations in relation to the person's period of service under the 2015 scheme; b for a person who is or was a 1987 transition member with continuity of service, the sum of contributions - i calculated as if sub-paragraph (a) applied, and ii calculated as if paragraph (3)(a) applied; and c for a person who is or was a 2006 transition member with continuity of service, the sum of contributions - i calculated as if sub-paragraph (a) applied, and ii calculated as if paragraph (3)(b) applied. . adult survivor's special award 12 in regulation 13 (adult survivor's special award) - a in paragraph (2)(b), for the words after "greater of" to the end, substitute "the amounts mentioned in paragraph (2a)"; and b after paragraph (2), insert - 2a the amounts are - a for a member of the 1987 scheme who is not a member of the 2015 scheme - i the member's average pensionable pay, and ii 2 times the annual amount of ill-health pension which would have been payable under regulation b3 (policeman's ill-health award) of the 1987 regulations to the member had the member retired on the ground of permanent disablement on the date of the member's death; b for a member of the 2006 scheme who is not a member of the 2015 scheme - i the member's average pensionable pay, and ii 2 times the annual amount of ill-health pension which would have been payable under regulation 29 (police officer's ill-health pension) of the 2006 regulations to the member had the member retired meeting the criteria for a standard ill-health pension and an enhanced ill-health top up pension on the date of the member's death; c for a member of the 2015 scheme - i the member's average pensionable pay, and iii 2 times the annual amount of ill-health pension which would have been payable under regulation 102(3)(b) (entitlement to ill-health pension) of the 2015 regulations had the member retired meeting the upper tier threshold for payment of an ill-health pension under regulation 101(2) (payment thresholds) of those regulations on the date of the member's death. . death gratuity 13 in regulation 21(2) (death gratuity) , for the words from "regulation h1" to "2006 regulations" substitute "part 4 of these regulations". abatement of certain gratuities in respect of gratuities otherwise payable 14 in regulation 22 (abatement of certain gratuities in respect of gratuities otherwise payable) - a in paragraph (1) omit "or, as the case may be, regulation 44 or 45 of the 2006 regulations"; b in paragraph (2)(a)(i) - i after "above or" insert "any gratuities paid", and ii for "as the case may be, regulation 44 or 45 of the 2006 regulations" substitute " regulation 44 or 45 of the 2006 regulations or, as the case may be, regulation 165 or 166 of the 2015 regulations"; c at the end of paragraph (2)(a)(ii) add "and" and after that insert - iii any lump sum death grant paid under regulation 156 of the 2015 regulations; ; d for paragraph (2)(b)(ii)(c), substitute - c the deceased officer's average pensionable pay was greater than 2 times the annual amount of the ill-health pension which would have been payable - aa under regulation b3 of the 1987 regulations to the deceased officer if that officer had retired on the grounds of permanent disability on the day on which that officer had died (whether or not it was in fact greater), or ab under regulation 29 of the 2006 regulations if, on the date of the member's death, the member had retired meeting the criteria for a standard ill-health pension and an enhanced ill-health top up pension (whether or not it was in fact greater), ac under regulation 102(3)(b) of the 2015 regulations if, on the date of the member's death, the member had retired meeting the upper tier threshold for payment of an ill-health pension under regulation 101(2) (payment thresholds) of those regulations (whether or not it was in fact greater); and e in paragraph (2)(c), for "or, as the case may be, regulation 44 of the 2006 regulations" substitute, ", regulation 44 of the 2006 regulations or, as the case may be, regulation 165 or 166 of the 2015 regulations". gratuity in lieu of adult survivor's special pension 15 in regulation 24 (gratuity in lieu of adult survivor's special pension) - a in paragraph (5), for "the 1987 regulations or the 2006 regulations" substitute "a police pension scheme"; and b after paragraph (6) insert - 7 in this regulation, "a police pension scheme" means the 1987 scheme, the 2006 scheme or the 2015 scheme. . limitation on discretion to grant a gratuity in lieu of an adult survivor's special pension or a child's special allowance 16 in regulation 26 (limitation on discretion to grant a gratuity) - a in paragraph (1), after "2006 regulations" insert ", or a retirement pension under the 2015 regulations"; b in paragraph (2)(b), for "or regulation 38 of the 2006 regulations" substitute ", regulation 38 of the 2006 regulations or regulation 124 of the 2015 regulations"; and c in the full-out text that follows paragraph (2)(b), after "regulation b7" insert "or regulation 124 of the 2015 regulations". prevention of duplication 17 in regulation 27 (prevention of duplication) - a in paragraph (1)(a), after "2006 regulations" insert "or a surviving adult's pension under regulation 137 of the 2015 regulations"; and b in paragraph (1)(b), after "2006 regulations" insert "or an eligible child's pension under regulation 145 of the 2015 regulations". increase of adult survivor's special pension or child's special allowance during first 13 weeks 18 in regulation 28 (increase of adult survivor's special pension or child's special allowance during first 13 weeks) - a in paragraph (1)(b), for "or part 4 of the 2006 regulations" substitute ", part 4 of the 2006 regulations or part 7 of the 2015 regulations"; b in the opening words of paragraph (2), for "or regulation 42 of the 2006 regulations" substitute ", regulation 42 of the 2006 regulations or eligible child's pension under regulation 145 of the 2015 regulations"; c in paragraph (2)(b)(ii), for "or, as the case may be, part 4 of the 2006 regulations" insert ", part 4 of the 2006 regulations or, as the case may be, a retirement pension under part 7 of the 2015 regulations"; and d after paragraph (3) insert - 3a in paragraph (3)(a) "pensionable pay for the week" in relation to a member of the 2015 scheme means 1/52 of that member's annual pensionable pay calculated in accordance with regulation 4a. . reference of medical questions 19 in regulation 30(2)(reference of medical questions) - a for "or regulation 69 of the 2006 regulations" substitute ", regulation 71 of the 2006 regulations or regulation 81, 83, 86 or 117 of, or schedule 1 to, the 2015 regulations"; and b for "or, as the case may be, part 7 of the 2006 regulations" substitute ", part 7 of the 2006 regulations or, as the case may be, part 6 or 7 of, or schedule 1 to, the 2015 regulations". reassessment of injury pension 20 in regulation 37 (reassessment of injury pension) - a in paragraph (2), after "2006 regulations" insert "or a retirement pension under the 2015 regulations"; b in paragraph (3), for "or regulation 51(5) or (6) of the 2006 regulations" substitute ", regulation 51(5) or (6) of the 2006 regulations or regulation 111 or 115 of the 2015 regulations"; and c in paragraph (4), after "2006 regulations" insert "or a full retirement pension which came into payment early on grounds of permanent medical unfitness ceases to be paid under regulation 116 of the 2015 regulations". glossary of expressions 21 in schedule 1 (glossary of expressions) - a after the definition of "the 1987 regulations" insert - "the 1987 scheme" means the scheme set out in the 1987 regulations; "1987 transition member" has the meaning given in paragraph 1 of schedule 4 to the 2015 regulations; ; b after the definition of "the 2006 regulations" insert - "the 2006 scheme" means the scheme set out in the 2006 regulations; "2006 transition member" has the meaning given in paragraph 1 of schedule 4 to the 2015 regulations; "the 2015 regulations" means the police pensions regulations 2015; "the 2015 scheme" means the scheme set out in the 2015 regulations; ; c in the definition of "aggregate pension contributions" after "regulation 4(4)" insert "or 4a(8), as the case may be"; d in the definition of "average pensionable pay" after "regulation 4(2)" insert "or 4a(2)(b) as the case may be"; e in the definition of "disablement" after "regulation 7" insert "or 7a, as the case may be"; f in the definition of "pensionable pay" after "regulation 4(1)" insert "or regulation 4a(2)(a) as the case may be"; g after the definition of "the pensions (increase) acts" insert - "period of eligible service under the 2015 scheme" in relation to a member of that scheme, means a period in which the member is in eligible service as defined in regulation 21 of the 2015 regulations other than a period in which the member is on - a career break as defined in regulation 2 of those regulations; or any other period of unpaid leave mentioned in regulation 21(3)(b) of those regulations; "period of pensionable service under the 2015 scheme", in relation to a member of that scheme, means the total of - any period of pensionable service as defined in section 37 of the public service pensions act 2013 ; any period of assumed pay as defined in regulation 34(2) of the 2015 regulations; and any period of eligible service under the 2015 scheme in respect of which the member had opted out of that scheme; ; h after the definition of "step child" insert - "totally disabled" has the meaning given in regulation 7(6); "transition member with continuity of service" means - a 1987 transition member with continuity of service within the meaning of paragraph 4 of schedule 4 to the 2015 regulations; or a 2006 transition member with continuity of service within the meaning of paragraph 5 of that schedule. . police officer's injury award 22 in schedule 3 (police officer's injury award) - a in paragraph 1(b) after "police officer" insert "who is not eligible to be a member of the 2015 scheme other than as a transition member with continuity of service,"; b after paragraph 1(b) insert - c in the case of a police officer who is eligible to be a member of the 2015 scheme but who is not eligible to be a transition member with continuity of service, any of whose service by virtue of which that officer's pensionable service is reckonable was part-time, the amount given by multiplying the amount that the gratuity would be if all the service were full-time service by the appropriate proportion; d in sub-paragraph (c) the appropriate proportion is calculated as follows - i step 1: for each full year of pensionable service, divide the officer's pensionable pay received by the full-time equivalent pensionable pay, ii step 2: for any part year of pensionable service, divide the officer's pensionable pay received by the pensionable pay equivalent to the full-time pensionable pay that an officer would have received for working the same part of the year in question, iii step 3: add the sums obtained in steps 1 and 2, iv step 4: divide the total obtained in step 3 by the number of years of pensionable service involved; e in sub-paragraph (d) - i the reference to "full-time equivalent pensionable pay" in steps 1 and 2 is to be read as a reference to "pensionable pay" for any year or part year in which the officer's pensionable service was full-time, and ii "pensionable service" means a period of pensionable service under the 2015 scheme. ; c in paragraph 3(b) after "police officer" insert "who is not a member of the 2015 scheme,"; d after paragraph 3(b) insert - c in the case of a police officer who is eligible to be a member of the 2015 scheme, but who is not eligible to be a transition member with continuity of service any of whose service by which that officer's pensionable service is reckonable was part-time, the amount given by multiplying the amount that the officer's minimum income guarantee would be if all the service were full-time service by the appropriate proportion calculated in accordance with paragraph 1(d). ; e after paragraph 4 insert - 4a in the case of a police officer who is eligible to be a transition member of the 2015 scheme with continuity of service, paragraphs 1 and 3 apply to that officer as if all that officer's service had been in the 1987 scheme, or the 2006 scheme, as the case may be. ; f in paragraph 5 , for "or regulation 9(1) of the 2006 regulations" substitute ", regulation 9(1) of the 2006 regulations or regulation 30 of the 2015 regulations"; g in paragraph 6 - i in sub-paragraph (1) for "or, as the case may be, part 4 of the 2006 regulations" substitute ", part 4 of the 2006 regulations or, as the case may be, part 7 of the 2015 regulations", ii in sub-paragraph (2), omit the "or" after paragraph (b) and insert - ba in accordance with regulation 124 of the 2015 regulations (option to commute part of pensions); or , iii in sub-paragraph (3) for "or as the case may be, regulation 9(1) of the 2006 regulations" substitute ", regulation 9(1) of the 2006 regulations or, as the case may be, regulation 30 of the 2015 regulations"; h after paragraph 6 insert - 6a in this schedule, references to service in the 2015 scheme as being "reckonable" are to be construed as references to service which would be pensionable service within the meaning of section 37 of the public service pensions act 2013. . chapter 4 amendments to the police pension fund regulations 2007 23 the police pension fund regulations 2007 are amended in accordance with regulations 24 to 29. interpretation 24 in regulation 2 (interpretation) after the definition of the 2006 regulations insert - "the 2015 regulations" means the police pension regulations 2015 ; "the 2015 scheme" means the pension scheme set out in the 2015 regulations; . operation of police pension fund 25 in regulation 3 (establishment, maintenance and operation of a police pension fund) after paragraph (6)(b) insert - ba the 2015 regulations; . payments in and out of the police pension fund 26 1 in regulation 4(1) (particular payments into the police pension fund) - a in sub-paragraph (a) for "or regulation 7(1) of the 2006 regulations" substitute ", regulation 7(1) of the 2006 regulations or regulation 171 of the 2015 regulations"; b in sub-paragraph (b) for "or regulation 10(2)(b) of the 2006 regulations" substitute ", regulation 10(2)(b) of the 2006 regulations or regulation 173 of the 2015 regulations"; c in sub-paragraph (c) for "or regulation 13 of the 2006 regulations" substitute ", regulation 13 of the 2006 regulations or regulation 177 of the 2015 regulations"; d in sub-paragraph (d) for "or regulation 15(1)(b) of the 2006 regulations" substitute ", regulation 15(1)(b) of the 2006 regulations or regulation 191 of the 2015 regulations"; e in sub-paragraph (e) for "or regulation 56(2) of the 2006 regulations" substitute ", regulation 56(2) of the 2006 regulations or schedule 3 to the 2015 regulations"; f in sub-paragraph (f), at the end add "or regulation 219(3) of the 2015 regulations"; and g in sub-paragraph (g) for "or regulation 78(6) of the 2006 regulations" substitute ", regulation 78(6) of the 2006 regulations or regulation 185(2) of the 2015 regulations". 2 in regulation 4(2) (particular payments out of the police pension fund) - a in sub-paragraph (a) for "or part 4 of the 2006 regulations" substitute ", part 4 of the 2006 regulations or parts 7 or 9 of, or parts 6 or 7 of schedule 4 to, the 2015 regulations"; b in sub-paragraph (c) for "or regulation 9(4) of the 2006 regulations" substitute ", regulation 9(4) of the 2006 regulations or regulation 176(2) of the 2015 regulations"; c in sub-paragraph (d) for "or part 6 of the 2006 regulations" substitute ", part 6 of the 2006 regulations or part 8 of the 2015 regulations"; d in sub-paragraph (e) for "or regulation 78 of the 2006 regulations" substitute ", regulation 78 of the 2006 regulations or regulation 180 of the 2015 regulations"; e in sub-paragraph (f) after "regulation 84 of the 2006 regulations" insert "or regulation 219 of the 2015 regulations"; and f in sub-paragraph (g) at the end add "or regulation 220(2)(a) of the 2015 regulations". police authority contributions 27 1 in regulation 5(1) (which relates to police pension authority contributions) - a for "24.2%" substitute "21.3%"; and b for "or regulation 7(1) of the 2006 regulations" substitute ", regulation 7(1) of the 2006 regulations or regulation 171 of the 2015 regulations". 2 in regulation 5(2)(b) for "or regulations 10 or 13 of the 2006 regulations" substitute ", regulations 10 or 13 of the 2006 regulations or regulations 173 or 177 of the 2015 regulations". 3 in regulation 5(3) - a for "subject to paragraph (4)" substitute "subject to paragraphs (4) and (5a)"; and b for "or regulation 23 of the 2006 regulations" substitute ", regulation 23 of the 2006 regulations or regulation 33 of the 2015 regulations". 4 after regulation 5(5) insert - 5a where an active member of the 2015 scheme is taken by regulation 34 of the 2015 regulations to have received earnings during a period of assumed pensionable pay, the pensionable pay for this regulation is the amount determined under regulation 34(1) of those regulations. . 5 in regulation 5(6) for "or regulation 9(4) of the 2006 regulations" substitute ", regulation 9(4) of the 2006 regulations or regulation 176 of the 2015 regulations". 6 after regulation 5(9) insert - 9a where an active member of the 2015 scheme retires with an entitlement to an ill-health pension under regulation 102 of the 2015 regulations, the police pension authority must transfer from the police fund into the police pension fund an amount equal to twice the final pay of the member concerned, calculated in accordance with regulation 159 of the 2015 regulations. 9b where a transition member of the 2015 scheme retires with an entitlement to an ill-health pension under paragraph 23 of schedule 4 to the 2015 regulations, the police pension authority must transfer from the police fund into the police pension fund an amount equal to twice the final pay of the transition member concerned, calculated in accordance with regulation 159 of the 2015 regulations. . 7 after regulation 5(10) insert - 11 in this regulation - "active member of the 2015 scheme" means a person who is in pensionable service under the 2015 scheme; and "transition member of the 2015 scheme" has the same meaning as in regulation 2 (interpretation) of the 2015 regulations. . awards under the police (injury benefit) regulations 2006 28 1 in regulation 7(1)(a), (2) and (4) (awards under the police (injury benefit) regulations 2006), for "or the 2006 regulations" substitute ", the 2006 regulations or the 2015 regulations". 2 in regulation 7(7) for "and regulation 27 of the injury benefit regulations" substitute ", regulation 27 of the injury benefit regulations and regulation 167 of the 2015 regulations". further sums payable out of the police pension fund and the police fund 29 in regulation 11(2) (further sums payable out of the police pension fund and the police fund), after "the injury benefit regulations" insert ", the 2015 regulations". chapter 5 amendments to the police pensions regulations 2015 30 the police pensions regulations 2015 are amended in accordance with regulations 31 to 38. index adjustment 31 in the definition of "index adjustment" in regulation 2 (interpretation) in paragraph (a), for "that scheme year" substitute "the previous scheme year". national crime agency officers 32 in the table in regulation 5 (members of a police force other than a home police force), in the 3rd row of column 1, omit "based in england, wales or scotland". adjustment of active member account 33 in regulation 62 (adjustment of active member account after period of unpaid family leave or unpaid sick leave), in paragraph (2) for "at the beginning of the" substitute "immediately before the commencement of the". surviving cohabiting partners 34 1 in regulation 135 (meaning of "surviving adult partner") - a in paragraph (1)(a) - i for "the member has sent to the scheme manager a written declaration in a form required by the scheme manager signed by both the member and p that" substitute "the following conditions are met", and ii omit paragraph (iv); b omit paragraph (1)(b); and c omit paragraphs (3) and (4). 2 in regulation 156 (persons who may be paid lump sum death grant) - a in paragraph (2)(b)(i) for "stated in the declaration under" substitute "in paragraphs (1)(a)(i) to (iii) of"; b in paragraphs (4) and (5), at the beginning of both paragraphs insert "subject to paragraph (5a)"; and c after paragraph (5) insert - 5a unless paragraph (5b) applies, the scheme manager must pay a grant to a person of the description in paragraph (2), if a grant was paid to a different person under paragraph (4) or (5) before this paragraph came into force. 5b this paragraph applies where the scheme manager is of the opinion that the person of the description in paragraph (2) has benefited from all of the grant paid under paragraph (4) or (5). 5c the amount of a grant payable under paragraph (5a) is an amount up to the amount calculated under regulation 161, but the scheme manager may pay such lower amount as it considers appropriate in all the circumstances, if it is of the opinion that the person has benefited from some of the grant paid under paragraph (4) or (5). . death gratuities 35 1 in regulation 166 (death gratuity - estate), in paragraph (1) before sub-paragraph (a) insert - za who dies as an active member; . 2 in paragraph 34 of schedule 4 (death gratuity - estate) - a in paragraph (2), for "may in its discretion" substitute "must"; and b in paragraph (3), for "may" substitute "must". member contributions 36 in regulation 172 (option to pay member contributions for period of unpaid leave), in paragraph (7) for "at the beginning of the" substitute "immediately before the commencement of the". payment of annual allowance charge 37 1 in regulation 222 (reduction of benefits where annual allowance charge paid by scheme manager) - a for paragraph (1)(a), substitute - a a member gives a valid notice to the scheme manager - i of joint and several liability to an annual allowance charge under section 237b of the fa 2004, or ii of liability to an annual allowance charge in accordance with regulation 222a; and ; and b in paragraph (3), after sub-paragraph (a) insert - aa in the case to which paragraph (1)(a)(ii) applies, where the liability has arisen in relation to more than one police pension scheme, must be proportionate to the part of that liability which relates to this scheme; and . 2 after regulation 222 insert - voluntary scheme pays arrangement 222a 1 a member may serve notice on the scheme manager requesting the scheme manager to discharge an annual allowance charge where the conditions in paragraph (2) are satisfied. 2 the conditions mentioned in paragraph (1) are that - a the scheme manager is not jointly liable under section 237b of the fa 2004 (liability of scheme administrator) in relation to the charge; b the pension scheme input amount for a tax year for the member in relation to all police pension schemes of which the individual is a member, exceeds the annual allowance applicable to that member for that tax year; and c the amount of the member's liability to an annual allowance charge for a tax year exceeds 1,000. 3 the scheme manager may fix a date in relation to any tax year by which a notice under paragraph (1) must be given. 4 where the scheme manager satisfies a liability under paragraph (1), consequential adjustment must be made to the member's entitlement to benefits under this scheme on a basis that is just and reasonable having regard to normal actuarial practice. 5 in this regulation - "annual allowance" has the meaning given in section 228 (annual allowance) of fa 2004; "annual allowance charge" has the meaning given in section 227 (annual allowance charge) of fa 2004; "pension scheme input amount" has the same meaning as in section 237b(2) (liability of scheme administrator) of fa 2004; "police pension schemes" means this scheme, the 1987 scheme or the 2006 scheme; "tax year" means a period of one year which is a period of assessment for income tax purposes. . transitional members 38 in paragraph 39 of schedule 4 (calculation of weighted accrual for service in the 1987 scheme), for paragraph (7) substitute - 7 the annual rate of pension payable to the member under the 1987 scheme is the higher of - a the amount calculated by multiplying the accrual rate by the member's final pay; or, b where a member is entitled to a deferred pension under regulation b5 (policeman's deferred pension) and under part 6 (policeman's deferred pension) of schedule b, the amount of pension that would have been payable under the 1987 scheme if those provisions applied for the calculation instead of sub-paragraphs (3) to (6) of this paragraph. . part 3 firefighter pensions chapter 1 amendments to the firefighters' pension scheme order 1992 39 the firefighters' pension scheme order 1992 is amended in accordance with regulations 40 and 41. increases to split pensions: 1992 scheme 40 in rule b5a (entitlement to two pensions) after paragraph (3) insert - 3a the amount of the first pension determined under paragraph (3) or (4b)(a), is increased for each year before the firefighter's last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the day after the date of the firefighter's last day of service at the higher rate of pay, to which the pensions (increase) act 1971 applied. . commutation of small pension credits: 1992 scheme 41 in rule ia2(1) (commutation of the pension credit benefits), for "in the circumstances described in regulation 3(2)(b) of the pension sharing (pension credit benefit) regulations 2000 (commutation of pension credit benefit: small pensions)" substitute "where the amount of pension payable under rule ia1 does not exceed the trivial commutation lump sum limit in paragraph 7 of schedule 29 to the finance act 2004 (lump sum rule) ". chapter 2 amendment to the firefighters' pension scheme (england) order 2006 42 schedule 1 to the firefighters' pension scheme (england) order 2006 (the new firefighters' pension scheme (england)) is amended in accordance with regulations 43 to 45. surviving cohabiting partners 43 1 in the table of contents, in the heading to chapter 1 of part 4, and in the entries relating to rules 1 and 5 in that chapter, for "nominated partners" substitute "cohabiting partners". 2 in part 1, in rule 2(1) (interpretation) - a in the definition of "child" , in paragraph (a)(iii) for "nominated partner" substitute "cohabiting partner"; b after the definition of child's pension insert - "cohabiting partner" has the meaning given by rule 1(5a) of part 2; ; c omit the definition of "nominated partner". 3 in part 2 (scheme membership, cessation and retirement) in rule 1 (scheme membership) - a in paragraph (5)(b) for "nominated partner" substitute "cohabiting partner"; b omit paragraphs (6) to (9) ; and c after paragraph (11) insert - 12 for the purposes of this rule - a "cohabitating partner" in relation to the scheme member is a person - who has been living with the scheme member, otherwise than as the scheme member's spouse or civil partner, at the date on which the question of the cohabiting partner's status in relation to the scheme member falls to be considered, is not the spouse or civil partner of any other person, is financially dependent on the scheme member, or is, with the scheme member, in a state of mutual financial dependency, and is in a long-term relationship with the scheme member and could enter into a marriage or civil partnership with the scheme member; "long-term relationship" means a relationship that has continued, to the exclusion of any other relationship, for a period of at least two years ending with the date on which the question of the person's status in relation to the scheme member falls to be considered, or such shorter period as the authority may in any particular case think fit; and "scheme member" means a firefighter member, a deferred member or a pensioner member. . 4 in part 3 (personal awards), in rule 11(2)(a) (allocation of pension) for "nominated partner" substitute "cohabiting partner". 5 in part 4 (survivors' pensions) - a in the heading to chapter 1 and the heading to rule 1 immediately below that, for "nominated partners", on both occasions substitute "cohabiting partners"; b in paragraphs (1), (2) and (3) of rule 1, for "nominated partner" substitute "cohabiting partner"; and c in the heading to rule 5, for "nominated partners" substitute "cohabiting partners". 6 in part 7 (reservists), in rule 3(3) (awards on death or permanent disablement) for "nominated partner" substitute "cohabiting partner". increases to split pensions: 2006 scheme 44 in part 3, in rule 7 (entitlement to two pensions) - a in paragraph (2) for "paragraphs (3) and (4)" substitute "paragraphs (3), (3a) and (4)"; and b after paragraph (3) insert - 3a the amount of the first pension determined under paragraph (3), is increased for each year before the firefighter's last day of service by an amount equivalent to that which would apply if the first pension were a pension in payment commencing from the date that paragraph (1) first applied to the member, to which the pensions (increase) act 1971 applied. . commutation of small pension credits: 2006 scheme 45 in part 6 (pension sharing on divorce), in rule 2 (commutation of whole of pension credit benefits) in paragraph (1), for "in the circumstances described in regulation 3(2)(b) of the pension sharing (pension credit benefit) regulations 2000 (commutation of pension credit benefit: small pensions)" substitute "where the amount of pension payable under this part does not exceed the trivial commutation lump sum limit in paragraph 7 of schedule 29 to the finance act 2004 (lump sum rule) ". chapter 3 amendments to the firefighters' pension scheme (england) regulations 2014 46 1 the firefighters' pension scheme (england) regulations 2014 are amended in accordance with this regulation. 2 in paragraph 45 of schedule 2 (acceptance of club transfer value payments), after "relates to a member's final salary benefit" insert "apart from a payment from the 1992 scheme as that scheme has effect in scotland, wales and northern ireland". we consent to the making of these regulations craig whittaker paul maynard two of the lords commissioners of her majesty's treasury 6th september 2018 nick hurd minister of state home department 10th september 2018

1 this instrument may be cited as the warrington borough council (construction of warrington waterfront - centre park link bridge) scheme 2017 confirmation instrument 2018 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of schedule 2 to the highways act 1980. 2 the warrington borough council (construction of warrington waterfront - centre park link bridge) scheme 2017, and as set out in the schedule, is hereby confirmed with modifications. 3 the scheme as confirmed is set out in the schedule (including the plans) and copies of the scheme with its accompanying plans are deposited at the offices of the department for transport, floor 13 (imd), ashdown house, st leonards on sea, hastings, east sussex tn37 7ga and at the offices of the warrington borough council, contact warrington, 26-30 horsemarket street, warrington wa1 1xl. signed by authority of the secretary of state for transport c j miller a senior civil servant in the department for transport 18th december 2018

citation, commencement and extent 1 1 these regulations may be cited as the natural mineral water, spring water and bottled drinking water (england) (amendment) regulations 2018 and come into force on 6th april 2018. 2 they extend to england and wales. amendment of the natural mineral water, spring water and bottled drinking water (england) regulations 2007 2 the natural mineral water, spring water and bottled drinking water (england) regulations 2007 are amended as follows. amendment of regulation 2 (interpretation) 3 in regulation 2(1) - a at the appropriate places insert the following definitions - "pesticides" has the meaning given in note 6 of part b of annex 1 to council directive 98/83/ec on the quality of water for human consumption ; ; "polycyclic aromatic hydrocarbons" means - benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene, and indeno(1,2,3-cd)pyrene; ; "trihalomethanes" means - chloroform, bromoform, dibromochloromethane, and bromodichloromethane. ; b in the definition of "parameter", for the words from "second column" to the end substitute "first column of any table in schedule 2 or the first column of the table in section 1 of part 9 of schedule 12"; c omit the definition of "prescribed concentration or value"; d at the end of the definition of "relevant authority" omit "and". amendment of regulation 3 (exemptions) 4 for regulation 3(1)(a) substitute - a is a medicinal product within the meaning of directive 2001/83/ec of the european parliament and of the council on the community code relating to medicinal products for human use ; . amendment of regulation 14 (marking, labelling and advertising of bottled drinking water) 5 in regulation 14, in paragraphs (a) and (b), in the words before sub-paragraph (i), omit the words from "which" to "annex i". amendment of regulation 16 (enforcement) 6 1 regulation 16 is amended as follows. 2 in paragraph (5) - a in sub-paragraph (a) - i in the words before paragraph (i), for "to check" substitute ", including checks to determine"; ii in paragraph (i), at the end insert "and"; iii omit paragraphs (ii) to (iv); b omit sub-paragraphs (b) to (d). 3 in paragraph (6), omit ", (b) and (d)". insertion of regulation 16a (monitoring of bottled spring water and bottled drinking water) 7 after regulation 16, insert - monitoring of water bottled and labelled as "spring water" and bottled drinking water 16a each food authority must, in accordance with schedule 12, maintain a monitoring programme for, and monitor, any water that - a is water to which paragraph 3 of schedule 12 applies (water bottled and labelled as "spring water" and bottled drinking water), and b is being bottled in its area. . omission of regulations 19 to 21 (methods of analysis, offences and penalties and defences) 8 omit - a regulation 19 (methods of analysis); b regulation 20 (offences and penalties); c regulation 21 (defences). substitution of regulation 22 (application of provisions of the food safety act 1990) 9 for regulation 22 substitute - application of the act 22 1 the provisions of the act specified in the first column of the table in schedule 13 apply for the purposes of these regulations, with the modifications specified in the second column of that table. 2 an authorised officer of a food authority must not serve an improvement notice under section 10(1) of the act, as applied and modified by paragraph (1), as read with schedule 13, if - a the improvement notice would relate to water bottled and labelled before 6th april 2018, and b the matters constituting the alleged contravention would not have constituted an offence under these regulations as they stood immediately before 6th april 2018. . substitution of schedule 2 (requirements for spring water and drinking water including prescribed concentrations or values of parameters) 10 for schedule 2 (requirements for water bottled and labelled as "spring water" and bottled drinking water including concentration and value limits for microbiological, chemical and radioactive parameters) substitute the schedule in schedule 1. omission of schedules 9 to 11 (audit monitoring, check monitoring and minimum sampling frequencies) 11 omit - a schedule 9 (properties, elements, substances and organisms, not being parameters, whose concentration or value in bottled drinking water and spring water must be determined by audit monitoring); b schedule 10 (parameters, properties, elements, substances and organisms in relation to which check monitoring must be carried out); c schedule 11 (minimum frequencies for sampling and analysis of spring water and bottled drinking water). insertion of schedule 12 (monitoring provisions) and schedule 13 (application of provisions of the food safety act 1990) 12 at the appropriate places, insert the schedules in schedule 2 as schedule 12 (monitoring of water bottled and labelled as "spring water" and bottled drinking water) and schedule 13 (application and modification of provisions of the food safety act 1990). george eustice minister of state department for environment, food and rural affairs 7th march 2018

part 1 general title, commencement and application 1 1 the title of these regulations is the water supply (water quality) regulations 2018 and they come into force on 15 june 2018. 2 parts 1 to 9 and 11 of these regulations apply in relation to the supply of water by every - a water undertaker whose area is wholly or mainly in wales; and b water supply licensee so far as relating to licensed activities using the supply system of any water undertaker whose area is wholly or mainly in wales. 3 part 10 of these regulations applies to local authorities in wales, as regards the discharge of functions under that part, in relation to every - a water undertaker whose area is wholly in wales; b water undertaker whose area is partly in wales and partly in england, but only in respect of the part in wales; and c water supply licensee so far as relating to licensed activities using the supply system situated in wales of any water undertaker. interpretation 2 1 in these regulations - "the 2010 regulations" means the water supply (water quality) regulations 2010 ; "the act" means the water industry act 1991; "appropriate local authority", in relation to - a departure authorised under regulation 22, an application for any such authorisation, or an event specified in regulation 35(6), means a local authority whose area contains any part of the water supply zone to which the authorisation relates or, in the case of an application, would relate if a departure were authorised in the terms sought, or whose area is affected or is likely to be affected by the event; "blending point" means a point at which water originating from two or more sources and treated for the purposes of their supply for regulation 4(1) purposes are combined under conditions that are designed to secure that, after such combination, the requirements of regulation 4(2) are met; "chapter iii " means chapter iii (quality and sufficiency of supplies) of part iii (water supply) of the act; "consumer" means a person to whom water is supplied for regulation 4(1) purposes by a relevant supplier in the discharge of its duties under chapter iii; "disinfection" means a process of water treatment to remove or render harmless to human health, every pathogenic micro-organism and pathogenic parasite that would otherwise be present in the water; and "disinfected" shall be construed accordingly; " e.coli" means escherichia coli; "groundwater" means water contained in underground strata, and section 221(3) of the water resources act 1991 (general interpretation) will have effect for the purpose of this definition as it has effect for the purpose of construing references in that act to water contained in underground strata; "group a parameter" means a parameter specified in column 2 of table 1 in schedule 3; "group b parameter" means a parameter specified in column 2 of table 2 or, as the case may be, table 3 in schedule 3; "indicative dose" means the committed effective dose for 1 year of ingestion resulting from all the radionuclides whose presence has been detected in a supply of water intended for human consumption, of natural and artificial origin, excluding tritium, potassium-40, radon and short-lived radon decay products; "indicator parameter" means a parameter listed in schedule 2; "monitoring of a group a parameter" has the meaning given in regulation 5(1); "monitoring of a group b parameter" has the meaning given in regulation 5(3); "ntu" means nephelometric turbidity unit; "parameter" means a property, element, organism or substance listed in the second column of table a or table b in schedule 1 to these regulations, or in schedule 2, as read, where appropriate, with the notes to schedule 2 and those tables; "pesticides and related products" means any of the following, and includes their relevant metabolites, degradation and reaction products - any organic insecticide; any organic herbicide; any organic fungicide; any organic nematocide; any organic acaricide; any organic algicide; any organic rodenticide; any organic slimicide; and any product related to any of (a) to (h) (including any growth regulator); "parametric value" and "prescribed concentration or value", in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in table a or table b in schedule 1 as measured by reference to the unit of measurement so specified and as read, where appropriate, with the notes to those tables; "public health england" means the executive agency of that name of the department of health and social care; "public health wales national health service trust" means a national health service trust within the meaning of the national health service (wales) act 2006 if, and in so far as, it has the function of providing services in relation to public health in wales ; "radioactive parameters" means the following indicator parameters listed in schedule 2 - indicative dose (item 8); radon (item 9); tritium (item 12); "regulation 4(1) purposes", in relation to the supply of water, means a supply - for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing; or for any of those domestic purposes, to premises in which food is produced ; "relevant supplier" means a water undertaker or water supply licensee; "retail licensee" means a person who is the holder of a water supply licence with a restricted retail authorisation within the meaning of schedule 2a to the act ; "sampling point" - in relation to water supplied from a distribution network, means a point, being a consumer's tap, that is selected for the purposes of part 4 of these regulations; in relation to water supplied from a tanker, means the point at which the water emerges from the tanker; "specification", in relation to an indicator parameter, means the concentration, value or state, shown as applicable to that parameter in schedule 2 as measured by reference to the unit of measurement so shown; "state", in relation to an indicator parameter, means the state specified in relation to that parameter in schedule 2 as measured by reference to the unit of measurement so specified; "suitably accredited body" means the welsh ministers or a person acting on behalf of the welsh ministers; "supplementary licensee" means a person who is the holder of a water supply licence with a supplementary authorisation within the meaning of schedule 2a to the act; "supply point" means a blending point, service reservoir, treatment works or other point, not being a sampling point, which the welsh ministers authorise under regulation 8 for the purposes of regulation 6; "supply system" is to be construed in accordance with section 17b(5) of the act (section 17a: supplementary) ; "water of a relevant description" means water supplied by a relevant supplier which uses a supply system for the purposes of supplying water to consumers, being a supply system into which the water undertaker or supplementary licensee introduces water; "water supply zone", in relation to a water undertaker and a year, means an area designated for that year by the water undertaker in accordance with regulation 3; and "year" means a calendar year. 2 in these regulations a reference to an application or notice includes a reference to that application or notice in electronic form. 3 in these regulations, a "monitoring programme" is the identification and collection of data on any substance or organism identified during a risk assessment to confirm compliance with the prescribed concentrations set out in schedule 1, and - a must consist of - i collection and analysis of discrete water samples; ii measurements recorded by a continuous monitoring process; or iii a combination of both of the methods described in paragraph (i) and (ii) at the frequency required in schedule 3 or at a frequency notified to the water undertaker or supplementary licensee; and b may also consist of - i inspections of records of the functionality and maintenance of status of equipment; and ii inspections of the catchment area, water abstraction, treatment, storage and distribution infrastructure. 4 subject to paragraph (4), references in these regulations to a service reservoir are references to any structure in which a reserve of water that has been treated with a view to complying with the requirements of regulation 4 is contained and stored for the sole purpose of meeting a variable demand for the supply of water. 5 where references in these regulations to a service reservoir would, but for this paragraph, include references to a structure comprising more than one compartment - a each compartment which has its own water inlet and water outlet and is not connected hydraulically to any other compartment will be treated as a single service reservoir; b the compartments that are connected hydraulically will be treated as a single service reservoir; and c unless all of the compartments are connected hydraulically, the structure as a whole will not be treated as a service reservoir. part 2 water supply zones water supply zones 3 1 before the beginning of each year in which it intends to supply water, a water undertaker must designate the names and areas within its area of supply that are to be its water supply zones for that year. 2 a water supply zone may not comprise an area whose population immediately before the beginning of the year in question is estimated by the water undertaker to exceed 100,000. 3 the water quality within a water supply zone must be approximately uniform. 4 a water undertaker may not vary a designation under paragraph (1) after the beginning of the year in relation to which the designation has effect. part 3 wholesomeness wholesomeness 4 1 subject to paragraphs (4) and (5), water supplied to premises that is intended for human consumption including - a for such domestic purposes as consist in or include, cooking, drinking, food preparation or washing, or b for food production purposes, is to be regarded as wholesome for the purposes of chapter iii, as it applies to the supply of water for those purposes, if the requirements of paragraph (2) are satisfied. 2 the requirements of this paragraph are - a that the water does not contain - i any micro-organism (other than a parameter listed in schedule 1) or parasite, or ii any substance (other than a parameter listed in schedule 1), at a concentration or value which would constitute a potential danger to human health; b that the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other substance it contains (whether or not a parameter) would constitute a potential danger to human health; c that the water does not contain concentrations or values of the parameters listed in tables a and b in schedule 1 in excess of or, as the case may be, less than, the prescribed concentrations or values; and d that the water satisfies the formula "[nitrate]/50 + [nitrite]/3 < 1", where the square brackets signify the concentrations in mg/l for nitrate (no 3 ) and nitrite (no 2 ). 3 the point at which the requirements of paragraph (2), in so far as they relate to the parameters set out in part 1 of table a and in table b in schedule 1 are to be complied with is - a in the case of water supplied from a tanker, the point at which the water emerges from the tanker; b in the case of water supplied in bottles or containers, the point at which the water first emerges from any bottle or container collected from a local distribution point; c in the case of water used in a food production undertaking, the point at which it is used in the undertaking; and d in any other case, the consumer's tap. 4 water supplied for regulation 4(1) purposes will not be regarded as wholesome for the purposes of chapter iii if, on transfer from a treatment works for supply for those purposes - a it contains a concentration of the coliform bacteria or e coli parameter (items 1 and 2 in part 2 of table a in schedule 1) in excess of the prescribed concentrations; or b it contains a concentration of nitrite in excess of 0.1 mg no 2 /l. 5 subject to paragraph (6), water supplied for regulation 4(1) purposes will not be regarded as wholesome for the purposes of chapter iii if, on transfer from a service reservoir for supply for those purposes, it contains a concentration of the coliform bacteria or e coli parameter in excess of the prescribed concentrations. 6 water transferred from a service reservoir for supply for regulation 4(1) purposes is to be regarded as unwholesome if more than 5% of samples taken in a year exceed the prescribed concentration for the coliform bacteria parameter. part 4 monitoring of water supplies interpretation and application of part 4 5 1 in this part "monitoring of a group a parameter" means monitoring of a group a parameter for the purpose of obtaining information at regular intervals - a as to the organoleptic and microbiological quality of water; b where relevant, as to the effectiveness of drinking water treatment, particularly for the purposes of disinfection, for the purposes referred to in paragraph (2); and c as regards indicator parameters, whether water supplied for regulation 4(1) purposes meets the specifications for those parameters. 2 the purpose of monitoring of a group a parameter is to determine whether the presence of such a parameter in water supplied for regulation 4(1) purposes satisfies the provisions of part 3 or, if a departure has been authorised under part 7 in relation to that supply, the provisions of part 3 as read with the terms of that departure. 3 in this part, "monitoring of a group b parameter" means monitoring of a group b parameter for the purpose of obtaining information from which it may be established whether water supplied for regulation 4(1) purposes - a satisfies the provisions of part 3 or, if a departure has been authorised under part 7 in relation to that supply, the provisions of part 3 as read with the terms of that departure; b meets the specifications for indicator parameters; and c in respect of other parameters identified as relevant by the welsh ministers under regulation 9, meets the specifications for those parameters. 4 this part applies to water supplied for regulation 4(1) purposes by a relevant supplier in the performance of its duties under chapter iii. 5 regulations 6 to 10 apply to a supplementary licensee in relation to samples taken from supply points as they apply to a water undertaker, but only in so far as the supplementary licensee is introducing water into a water supply zone in which the water undertaker takes samples under this part (to the extent authorised by or under regulation 8) from supply points. monitoring: general provisions 6 1 paragraph (2) applies for the purpose of determining whether water to which this part applies satisfies the provisions of part 3 or, if a departure has been authorised under part 7 in relation to that supply, those provisions as read with the terms of that authorisation. 2 a water undertaker must take or cause to be taken, and analyse or cause to be analysed, not less than the number of samples of the water within each of the water supply zones which it supplies specified in, or in accordance with the provisions of, this part and schedule 3. 3 except in a case to which paragraph (4) applies, the parameters listed in tables a and b in schedule 1 and the indicator parameters must be subject to - a monitoring of a group a parameter if the parameter is one listed in column 2 of table 1 in schedule 3, and the circumstances specified in column 3 of that table apply; and b monitoring of a group b parameter in any other case. 4 where the distribution of water in any part of a water supply zone is by tanker and is (or is likely to be) an intermittent short-term supply, samples of water from each tanker from which the water is distributed must be taken - a at the commencement of the distribution from that tanker; and b every 48 hours thereafter until the distribution is discontinued. 5 of the samples taken in accordance with paragraph (3) in relation to each distribution - a the first sample must be analysed for compliance with the following parameters - i e. coli (item 2 in part 2 of table a in schedule 1); and ii conductivity (item 6 in schedule 2); and b the second and any subsequent samples must be analysed for compliance with those and every other parameter. 6 for the purposes of the application of paragraph (3)(b) to the aluminium, iron and manganese parameters (items 1, 9 and 10 in table 1 in schedule 3, a supply which consists of both groundwater and surface water will be deemed to be a supply which consists only of surface water. 7 compliance samples for chemical parameters, including copper, lead and nickel must take the form of a random daytime sample of one litre volume taken at a consumer's tap without prior flushing. 8 a water undertaker must monitor each water supply zone within its area of supply for the radioactive parameters contained in schedule 2 in accordance with paragraphs (9) to (16). 9 as regards the indicative dose parameter - a monitoring must be carried out where an artificial source of radionuclides or elevated natural radioactivity is present and it cannot be shown on the basis of other representative monitoring programmes or other investigations that the level of indicative dose is below the value specified in schedule 2; b where monitoring for natural radionuclide levels is required, the welsh ministers must define the frequency of the monitoring of either gross alpha activity, gross beta activity or individual natural radionuclides, depending on the screening strategy adopted in accordance with schedule 4; c where the monitoring frequency defined in accordance with sub-paragraph (b) requires one sample per year for naturally occurring radioactivity, a further sample must be taken where any change occurs in relation to the supply that is likely to influence the concentrations of radionuclides in water supplied for regulation 4(1) purposes; d in the case of naturally occurring radionuclides where the results of the monitoring referred to in sub-paragraph (b) show that the concentration of radionuclides in the supply is stable, the minimum sampling and analysis frequencies are to be decided by the welsh ministers and confirmed by notice to the water undertaker, taking into account the risk to human health; e a water undertaker may use a screening strategy for gross alpha, gross beta activity or individual radionuclides and, in the event that there is any exceedance of the value specified in schedule 2, it must carry out an analysis of the specific radionuclides in accordance with schedule 4. 10 as regards the radon parameter - a a water undertaker must ensure that a representative survey is carried out in accordance with paragraph (11) to determine the likelihood of a supply failing the parametric value for radon specified in schedule 2; and b monitoring must be carried out where there is reason to believe, on the basis of the results of the representative surveys or other reliable information, that the parametric value for radon might be exceeded. 11 a representative survey must be designed in such a way - a as to be capable of determining the scale and nature of likely exposures to radon in water intended for human consumption originating from different types of groundwater sources and wells in different geological areas; and b that the underlying parameters, in particular the geology and hydrology of the area, radioactivity of rock or soil, and well type, can be identified and used to direct further action to areas of likely high exposure. 12 as regards the tritium parameter - a monitoring must be carried out where an anthropogenic source of tritium or other artificial radionuclides is present within the catchment area and it cannot be shown on the basis of other surveillance programmes or investigations that the level of tritium is below the parametric value specified in schedule 2; and b if the concentration of tritium exceeds its parametric value, an investigation of the presence of other artificial radionuclides must be carried out. 13 where a parametric value is exceeded in a particular sample, the welsh ministers must define the extent of re-sampling necessary to ensure that the measured values are representative of an average activity concentration for a full year. 14 the welsh ministers may notify a water undertaker which supplies water to a water supply zone that a radioactive parameter need not be monitored if the welsh ministers are satisfied that, for the period specified in the notice, the water supplied to that zone for regulation 4(1) purposes - a gives rise to a calculated indicative dose that is below the parametric value specified in schedule 2; b contains levels of radon that are below the parametric value specified in schedule 2; c contains levels of tritium that are below the parametric value specified in schedule 2. 15 where paragraph (14) applies, the welsh ministers must communicate the grounds for the notification to the european commission with the necessary documentation supporting the decision (including the findings of any surveys, monitoring or investigations carried out). 16 the welsh ministers must by notice in writing withdraw a notice under paragraph (14) - a given in relation to the indicative dose parameter, if the welsh ministers believe that water supplied to the zone in question for regulation 4(1) purposes gives rise to a calculated indicative dose that is likely to exceed the parametric value specified in schedule 2; b given in relation to the radon parameter, if the welsh ministers believe that water supplied to the zone in question for regulation 4(1) purposes contains levels of radon that are likely to exceed the parametric value specified in schedule 2; c given in relation to the tritium parameter, if the welsh ministers believe that water supplied to the zone in question for regulation 4(1) purposes contains levels of tritium that are likely to exceed the parametric value specified in schedule 2. 17 a water undertaker which receives a notice under paragraph (16) must monitor or cause to be monitored the indicative dose parameter or, as the case may be, the radon or tritium parameter, in accordance with tables 8 to 13 (as applicable) in schedule 3. sampling points 7 except in relation to water supplied from a tanker, sampling points in respect of every parameter, other than a parameter for which samples are taken from a supply point authorised by or under regulation 8, must be selected at random unless, by notice in writing to a water undertaker (whether or not on the application of the water undertaker), the welsh ministers otherwise determine. authorisation of supply points 8 1 for those parameters specified as item 6 in column 1 of table 1, and items 1 to 11 and 14 to 21 in column 1 of table 3, in schedule 3, samples may be taken from - a any blending point; b the water leaving any service reservoir which receives water from a treatment works before its supply to any consumer; and c the water leaving any treatment works. 2 if the welsh ministers are satisfied that analysis of those samples will produce data which are unlikely to differ in any material respect from the data that would be produced from analysis within the sampling points, the welsh ministers may authorise the use for the purposes of regulation 6 of those samples taken for a water supply zone from a blending point, a service reservoir of that description or a treatment works. 3 in respect of any water supply zone, the taking of samples from a supply point is not authorised by paragraph (2) where a supplementary licensee introduces water into the water supply zone unless the water quality within the water supply zone remains approximately uniform. 4 subject to paragraph (6), the welsh ministers may, in relation to any parameter not covered by an authorisation under paragraph (2), on the written application of a water undertaker or on the joint written application of a water undertaker and supplementary licensee, authorise the use for the purposes of regulation 6 of samples taken for a water supply zone otherwise than from a sampling point. 5 an authorisation under paragraph (4) may extend to all samples in relation to that parameter or to such number or proportion of those samples as is specified in the authorisation. 6 the welsh ministers must not grant an authorisation under paragraph (4) unless they are satisfied that analysis of samples taken from a point other than a sampling point will produce data in respect of the parameter in question which are unlikely to differ in any material respect from the data that would be produced in respect of that parameter from analysis of samples obtained from sampling points. 7 subject to paragraph (8), the welsh ministers may at any time modify or revoke an authorisation under paragraph (4). 8 unless it appears to the welsh ministers that the immediate modification or revocation of an authorisation under paragraph (4) is required in the interests of public health, they must not modify or revoke such an authorisation without giving to the water undertaker to which the authorisation relates at least 6 weeks' notice of their intention to modify or revoke. 9 a water undertaker must notify the welsh ministers as soon as it has reasonable grounds for believing that an analysis of samples taken for a water supply zone from a point other than a sampling point would produce data in respect of the parameter in question which would differ in a material respect from the data produced by an analysis of samples taken from any of the sampling points within that zone. 10 on being notified under paragraph (9) and without the need for prior notice to the water undertaker, the welsh ministers must revoke the authorisation. number of samples 9 1 in each year a water undertaker must take or cause to be taken from its sampling points, or to the extent authorised under regulation 8, from its supply points, the standard number of samples for analysis of residual disinfectant and each parameter listed in - a column (2) of table 1 in schedule 3 (group a parameters); b column (2) of table 2 in schedule 3 (group b1 parameters); c column (2) of table 3 in schedule 3 (group b2 parameters); d column (2) of table 4 in schedule 3 (group a1 parameters); e column (2) of table 5 in schedule 3 (group a2 parameters); f column (2) of table 6 in schedule 3 (group a3 parameters); and g column (2) of table 7 in schedule 3 (group a4 parameters). 2 in respect of any parameter not referred to in paragraph (1), the welsh ministers may specify - a the number of samples which a water undertaker must take or cause to be taken from its sampling points in each year; and b its prescribed concentration or value. 3 samples required to be taken by this regulation must - a be taken at regular intervals; b in respect of sampling for chemical parameters in the distribution network other than sampling at a consumer's tap, be taken, and handled in accordance with iso 5667-5 entitled " water quality. sampling. guidance on treatment of drinking water from treatment works and piped distribution systems. " ; and c in respect of microbiological parameters in the distribution network and at a consumer's tap, be taken and handled in accordance with european standard en iso 19458, entitled " water quality - sampling for microbiological analysis " , using sampling purpose a in the distribution network and sampling purpose b at a consumer's tap. 4 subject to paragraph (5) the welsh ministers may, in respect of any supplies of water by a water undertaker to a water supply zone, treatment works, supply point or a service reservoir, give the water undertaker written notice of any variation of - a the parameters subject to sampling (by the omission or addition of parameters); and b the number of samples which the undertaker must take in the period specified in the notice. 5 paragraph (4) does not apply in relation to e.coli. 6 the welsh ministers may give a notice under paragraph (4) - a on the welsh ministers' own motion; or b where paragraph (8) applies, upon application by a water undertaker. 7 a notice under paragraph (4) - a must specifiy which parameters are subject to variation; b must specify the extent of any variation from the standard number of samples required to be taken under paragraph (1) or from the number of samples required to be taken under paragraph (2); c may require a risk assessment to be undertaken; d may be revoked or varied by the welsh ministers. 8 this paragraph applies where - a a risk assessment complying with this regulation has been undertaken; b the results of the risk assessment described in sub-paragraph (a) are considered, and that risk assessment indicates that no factor can be reasonably anticipated to be likely to cause deterioration of the quality of the water; c in the case where the water undertaker seeks to cease monitoring a particular parameter, the results from samples taken in respect of the parameter collected at regular intervals over a period of at least 3 years are all at less than 30% of the parametric value of the parameter; and d in the case where the water undertaker seeks to reduce the frequency of monitoring in respect of a particular parameter, the results from samples taken in respect of that parameter collected at regular intervals over a period of at least 3 years are all at less than 60% of the parametric value of the parameter. 9 the welsh ministers must by further written notice withdraw a notice under paragraph (4) if the welsh ministers believe that any parameter in the water supply to which the notice relates contravenes the prescribed concentration or value or is likely to do so. 10 a water undertaker given notice under paragraph (4) must institute a monitoring programme which must be kept under annual review. 11 a risk assessment complies with this regulation where - a it meets the principles of european standard en 15975-2 entitled " security of drinking water supply - guidelines for risk and crisis management - part 2: risk management " or of other equivalent standards accepted at international level; b it is subject to a system of quality control which is checked from time to time by a suitably accredited body; and c it takes into account the results of monitoring conducted under the second paragraph of article 7(1) and article 8 of directive 2000/60/ec of the european parliament and of the council establishing a framework for community action in the field of water policy . 12 in this regulation "the standard number" means the number of samples specified in part 2 or part 3 of schedule 3 in respect of a parameter specified in part 1 of that schedule. sampling: further provisions 10 1 paragraph (2) applies as soon as a relevant supplier has reasonable grounds for believing that any element, organism or substance, other than a residual disinfectant or a parameter (whether alone or in combination with any parameter or any other element, organism or substance) may cause the supply within any of the water supply zones which it supplies to be a supply which does not satisfy - a the provisions of part 3; or b if a departure has been authorised under part 7, those provisions as read with the terms of that authorisation. 2 where this paragraph applies, the relevant supplier must take or cause to be taken sufficient samples from water within that zone (whether from a service reservoir, a treatment works or otherwise) in respect of any element, organism or substances, in order to establish whether that water is wholesome. part 5 monitoring - additional provisions sampling for particular substances and parameters 11 1 for the purposes of establishing the quality of water to be supplied to any of its water supply zones, a water undertaker must take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples specified in this part. 2 for the purposes of establishing the quality of water to be supplied in any supply system into which a supplementary licensee introduces water, a supplementary licensee must take, or cause to be taken, and analyse, or cause to be analysed, not less than the number of samples specified in this part. sampling at treatment works 12 1 subject to paragraph (3), in each year every water undertaker or supplementary licensee must take, or cause to be taken, from the point at which water leaves each treatment works which it uses to supply water to water supply zones, the standard number of samples for analysis - a for determining the concentration of residual disinfectant; b for determining whether, in relation to the colony counts and turbidity parameters, water leaving treatment works meets the specifications for those parameters set out in schedule 2; and c for testing for compliance with the prescribed concentrations or values in respect of the coliform bacteria, e coli , and nitrite parameters for water leaving treatment works. 2 samples required to be taken by this regulation must be taken at regular intervals. 3 where a particular treatment works is in use for part only of a year, the minimum number of samples to be taken from that works in that year must bear to the standard number or, as the case may be, the number specified in a current notice given by the welsh ministers under regulation 9 which departs from the standard number, the same proportion as the number of days in that year in which the treatment works have been in use bears to 365. 4 in this regulation, "the standard number" has the same meaning as in regulation 9. sampling at service reservoirs 13 1 every water undertaker or supplementary licensee must take, or cause to be taken, from each of its service reservoirs in each week in which the reservoir is in use or as directed by notification by the welsh ministers under regulation 9(4), one sample for analysis - a for testing for compliance with the prescribed concentrations or values in respect of the parameters e coli and coliform bacteria; b for determining the concentration of residual disinfectant; and c for determining whether the specification in relation to the colony counts parameter is met. sampling: new sources 14 1 this regulation applies in relation to - a any source which has not previously been used for the supply of water by a water undertaker or supplementary licensee; and b any source which has been so used but not so used for a period of 6 months preceding the date on which the water undertaker or supplementary licensee proposes to supply water from it. 2 every water undertaker or supplementary licensee must take, or cause to be taken, in accordance with paragraph (3) and (4), such samples of that water as will enable it to establish - a whether water can be supplied from that source without contravening section 68(1) of the act (duties of water undertakers and licensed water suppliers with respect to water quality) ; and b the treatment necessary to ensure that section 68(1) of the act is complied with in relation to the supply of that water. 3 the samples must be taken or caused to be taken - a before the water undertaker or supplementary licensee supplies water from a source mentioned in paragraph (1)(a); b as soon as is reasonably practicable after the water undertaker or supplementary licensee has begun to supply water from a source mentioned in paragraph (1)(b). 4 samples must be taken - a in the case of a source mentioned in paragraph (1)(a), in respect of - i the parameters listed in schedules 1 and 2; and ii any other element, organism or substance which, in the opinion of the water undertaker or supplementary licensee proposing to use the source, may cause the supply to contravene section 68(1) of the act; b in the case of a source mentioned in paragraph (1)(b), in respect of - i the parameters listed in table a in schedule 1; ii the conductivity, hydrogen ion and turbidity parameters; and iii any other parameter as regards which the water undertaker or supplementary licensee proposing to use the source is of the opinion that its concentration or value is likely to have altered since the last occasion on which water from that source was analysed. 5 unless the conditions in paragraph (6) are satisfied, a water undertaker or supplementary licensee must not supply water from a source mentioned in paragraph (1)(a) for regulation 4(1) purposes until 1 month has passed following the day on which the water undertaker or supplementary licensee complied with regulation 28(1) with respect to that source. 6 the conditions are that the water undertaker or supplementary licensee - a must supply water from the source as a matter of urgency in order to prevent an unexpected interruption in piped supply to consumers; and b before the supply is made, has carried out a risk assessment under regulation 27 specifically with respect to the source. 7 for the purposes of paragraph (6)(b), regulation 27 will apply to supplies made as a matter of urgency as if "treatment works" includes a source from which untreated water is supplied. collection and analysis of samples 15 1 every water undertaker or supplementary licensee must secure, so far as reasonably practicable, that when it takes, handles, transports, stores or analyses any sample required to be taken for the purposes of part 4 or this part, or causes any such sample to be taken, handled, transported, stored or analysed, it complies with the appropriate requirements. 2 in this regulation, "the appropriate requirements" means such of the following requirements as are applicable - a the sample is representative of the quality of the water at the time of sampling; b the person taking a sample is subject to a system of quality control to an appropriate standard; c the sample is not contaminated when being taken; d the sample is kept at such a temperature and in such conditions as secure that there is no material alteration of the concentration or value for the measurement or observation of which the sample is intended; e the sample is analysed, whether at the time and place it is taken or as soon as reasonably practicable after it has been taken - i by or under the supervision of a person who is competent to perform that task; and ii with the use of such equipment as is suitable for the purpose; f the collection and transportation of samples, or measurements recorded by continuous monitoring shall be subject to a system of quality control to an appropriate standard checked from time to time by a suitably accredited body. 3 every water undertaker or wholesale licensee must secure that a suitably accredited body from time to time checks its compliance with the appropriate requirements. 4 additionally, any person involved in seeking to discharge the obligation described in paragraph (1) must ensure that - a the methods of analysis used by that person for the purposes of monitoring and demonstrating compliance with this part are validated and documented in accordance with european standard en iso/ iec 17025 entitled " general requirements for the competence of testing and calibration laboratories " or other equivalent standards accepted at international level; and b that person applies quality management system practices in accordance with european standard en iso/iec 17025 or other equivalent standards accepted at international level. 5 every water undertaker or supplementary licensee must maintain such records as are sufficient to enable it to establish, in relation to each sample taken for the purposes of part 4 or this part, that such of the appropriate requirements as are applicable to that sample have been satisfied. 6 subject to paragraph (7), for the purpose of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values which contravene the prescribed concentrations or values, or exceed the specifications for indicator parameters - a the method of analysis specified in column 2 of table a1 in schedule 5 must be used for the parameter specified in relation to that method in column 1; b the method of analysis in respect of the parameters listed in column 1 of table a3 in schedule 5 must be capable of measuring concentrations equal to the parametric value with a limit of quantification of 30% or less and an uncertainty of measurement as specified in column 2 of that table and the result must be expressed - i using at least the same number of significant figures as the parametric value; and ii in the same units laid down in these regulations; and c the method of analysis used for the odour and taste parameters (items 5 and 7 in part 2 of table b in schedule 1) must be capable, at the time of use, of measuring values equal to the parametric value with a precision or uncertainty of measurement of 1 dilution number at 25c. 7 the welsh ministers may, on the application of any person, authorise a method of analysis other than that specified in paragraph (6)(a) ("the prescribed method"). 8 an application for the purposes of paragraph (7) must be made in writing and must be accompanied by - a a description of the method of analysis; and b the results of the tests carried out to demonstrate the reliability of that method and its equivalence to the prescribed method. 9 the welsh ministers must not authorise the use of the method proposed in an application under paragraph (7) unless they are satisfied that the results obtained by the use of that method are at least as reliable as those produced by the use of the prescribed method. 10 an authorisation under paragraph (7) may be subject to such conditions as the welsh ministers consider appropriate. 11 the welsh ministers may at any time, by notice in writing served on the water undertaker or supplementary licensee to which an authorisation under paragraph (7) has been given, revoke the authorisation, but any such notice must be served no later than 3 months before the date on which the revocation is stated to take effect. collection and analysis of samples: transitional provision 16 1 before 23:59 on 31 december 2019 a water undertaker or supplementary licensee may, in respect of any parameter specified in column 1 of table a2 in schedule 5, apply the method of analysis in paragraph (2) in place of the method of analysis in regulation 15(6)(b). 2 for the purpose of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values which contravene the prescribed concentrations or values, or exceed the specifications for indicator parameters the method of analysis used for a parameter specified in column 1 of table a2 in schedule 5 must be capable, at the time of use - a of measuring concentrations and values equal to the parametric value with the trueness and precision specified in relation to that parameter in columns 2 and 3 of that table; and b of detecting the parameter at the limit of detection specified in relation to that parameter in column 4 of that table. 3 for the purposes of paragraph (3) - limit of detection" is to be calculated as - three times the standard deviation within a batch of a natural sample containing a low concentration of the parameter; or five times the standard deviation within a batch of a blank sample; "precision" is to be calculated as a measure of random error and may be expressed as the standard deviation (within and between batches) of the spread of results from the mean. a precision measurement of twice the relative standard deviation is acceptable. the term "precision" is further specified in international standard iso 5725 entitled "accuracy (trueness and precision) of measurement methods and results" as amended by the technical corrigendum entitled "accuracy (trueness and precision) of measurement methods and results - part 1: general principles and definitions technical corrigendum 1" ; "trueness" is to be calculated as a measure of systematic error, which is the difference between the mean value of the large number of repeated measurements and the true value. the term "trueness" is further specified in international standard iso 5725 entitled "accuracy (trueness and precision) of measurement methods and results", as amended by the technical corrigendum entitled "accuracy (trueness and precision) of measurement methods and results - part 1: general principles and definitions technical corrigendum 1" . part 6 drinking water protected areas drinking water abstraction points: monitoring sites 17 1 every water undertaker or supplementary licensee must identify every point from which it abstracts water for supply for regulation 4(1) purposes. 2 at every abstraction point, the relevant water undertaker or supplementary licensee must take, or cause to be taken, such samples, and analyse, or cause to be analysed, those samples for such properties, organisms and substances as it considers necessary in order to comply with regulations 26 to 28. 3 in relation to any abstraction point, the welsh ministers may, by notice served on the relevant water undertaker or supplementary licensee, require the relevant water undertaker or supplementary licensee - a to take, or cause to be taken, such numbers of samples of water per year as may be specified; and b to analyse, or cause to be analysed, those samples for such concentrations or values of such properties, organisms and substances, and at such frequencies, as may be specified. 4 the welsh ministers may, by notice served on the relevant water undertaker or supplementary licensee, revoke or amend a notice served under paragraph (3). 5 every analysis required under - a paragraph (2), in relation to every body of surface water which provides more than 100 cubic metres of water per day as an average, must be carried out at no less than the following frequencies - i 4 per year, where the population served by the body of surface water is less than 10,000 people; ii 8 per year, where the population so served is 10,000 to 30,000 people; and iii 12 per year, where the population so served is greater than 30,000 people; and b paragraphs (2) and (3) must be in accordance with such relevant standards as may be specified by the welsh ministers by notice served on the water undertaker or supplementary licensee. 6 for the purposes of - a paragraphs (2) and (3) - "abstraction point" means an abstraction point identified under paragraph (1); and "relevant water undertaker or supplementary licensee" means the water undertaker or supplementary licensee which identified the abstraction point; b paragraph (3), "specified" means specified in the notice served under that paragraph; and c paragraph (5), "body of surface water" has the meaning given in directive 2000/60/ec of the european parliament and of the council establishing a framework for community action in the field of water policy. part 7 investigations, authorisation of departures and remedial action investigations: schedule 1 parameters 18 1 a water undertaker or supplementary licensee must immediately take such steps as are necessary to identify the matters specified in paragraph (2) where it has reason to believe that water of a relevant description - a fails, or is likely to fail, to satisfy a requirement of regulation 4(2); b is to be regarded as unwholesome by virtue of regulation 4(4); or c if regulation 4(6) were ignored, would be regarded as unwholesome by virtue of regulation 4(5). 2 the matters referred to in paragraph (1) are - a the cause and extent of the failure or, as the case may be, the apprehended failure; b the schedule 1 parameters in respect of which the prescribed concentration or value has not been, or is unlikely to be, achieved; and c in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve the prescribed concentration or value is attributable - i to the domestic distribution system; ii to the maintenance of that system; or iii to neither of those matters. 3 where a departure has been authorised under this part - a paragraph (1) will apply only in respect of the schedule 1 parameters (if any) that are not specified in the authorisation; and b every water undertaker or supplementary licensee which has reason to believe that water of a relevant description fails, or is likely to fail, to satisfy the concentration or value required by the authorisation in relation to any schedule 1 parameter, must immediately take such steps as are necessary to identify the matters specified in paragraph (4). 4 the matters referred to in paragraph (3) are - a the cause and extent of the failure or, as the case may be, the apprehended failure; b the schedule 1 parameters in respect of which the required concentration or value has not been, or is unlikely to be, achieved; and c in relation to each parameter so identified, whether the failure, or apprehended failure, to achieve that concentration or value is attributable - i to the domestic distribution system; ii to the maintenance of that system; or iii to neither of those matters. 5 as soon as possible after the matters specified in paragraph (2) or (4), as the case may be, have been identified, the water undertaker or supplementary licensee must - a notify the welsh ministers - i of those matters; ii whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (2)(b) or (4)(b), a failure in respect of that parameter is likely to recur; iii of the action (if any) taken by it in relation to a failure which is attributable to the domestic distribution system or the maintenance of that system; and b send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure. 6 where the water undertaker or supplementary licensee has identified a failure attributable to the domestic distribution system or to the maintenance of such a system, it must, at the same time as notification is given under paragraph (5) - a by notice in writing - i to those of its consumers who are likely to be affected by the failure; and ii to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure, inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and b send a copy of that notice to the welsh ministers and to each appropriate local authority. 7 a relevant supplier which receives a notice under paragraph (6)(a)(ii) must immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure. 8 a water undertaker or supplementary licensee which has complied with the requirements of paragraphs (5) and (6) need not, in respect of the same failure or apprehended failure, comply with the requirements of regulation 35(6)(a)(iv). 9 where such a failure as is mentioned in paragraph (1) relates to the copper or lead parameter, the relevant supplier must, as soon as reasonably practicable after the occurrence, modify or replace such of its pipes and their associated fittings as it knows or has reason to believe have the potential for contributing to copper or lead in the water supplied to the premises, so as to eliminate that potential (whether or not the presence of copper or lead in those pipes contributed to the failure). investigations: indicator parameters 19 1 where a water undertaker or supplementary licensee has reason to believe that water of a relevant description does not meet the specifications for indicator parameters set out in schedule 2, it must immediately take such steps as are necessary to identify - a whether water of a relevant description does or does not meet the specifications; b the indicator parameters in respect of which the specifications are not met; c if the specification for the coliform bacteria or colony counts parameter (items 4 and 5 in schedule 2) is not met, whether the inability to meet that specification is attributable - i to the domestic distribution system; ii to the maintenance of that system; or iii to neither of those matters; d if the specification for the tritium parameter is not met, whether the inability to meet the specification is attributable to artificial radionuclides. 2 as soon as possible after the matters specified in paragraph (1) have been identified, the water undertaker or supplementary licensee must - a notify the welsh ministers - i of those matters; ii whether it is its opinion that, in relation to each parameter identified in accordance with paragraph (1)(b), a recurrence of the inability to meet the specification in respect of that parameter is likely; and b send a copy of that notice to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure. 3 where, in a case to which paragraph (1)(c) applies, the inability to meet the specification has been identified as attributable to the domestic distribution system or to the maintenance of that system, the water undertaker or supplementary licensee must, at the same time as notification is given under paragraph (2) - a by notice in writing - i to those of its consumers who are likely to be affected by the failure; and ii to any other relevant supplier which uses the supply system for the purposes of supplying water to consumers who are likely to be affected by the failure, inform them of the nature of the failure and provide details of the steps (if any) that, in its opinion, it is necessary or desirable for those consumers to take in the interests of their health; and b send a copy of that notice to the welsh ministers and to each appropriate local authority. 4 a relevant supplier which receives a notice under paragraph (3)(a)(ii) must immediately send or cause to be sent a copy of that notice to those of its consumers who are likely to be affected by the failure. action by the welsh ministers 20 1 where - a a notification given in accordance with paragraph (6) of regulation 18 in the circumstances mentioned in paragraph (1) of that regulation (including that paragraph as read with paragraph (4)(a) of that regulation) discloses - i a failure in respect of a parameter specified in table b in schedule 1, and ii that the failure is not attributable to the domestic distribution system or the maintenance of that system, and b it appears to the welsh ministers that the failure is not trivial and is likely to recur, the welsh ministers may, by notice in writing to any relevant supplier which uses the supply system for the purposes of supplying water to consumers in respect of which the notification was given, require that relevant supplier to seek a departure in accordance with regulation 22. 2 the exercise by the welsh ministers of the power conferred by paragraph (1) will not preclude the exercise by the welsh ministers of the power conferred by section 18 of the act (orders for securing compliance with certain provisions) . 3 where - a a notification given in accordance with regulation 18(5) in the circumstances mentioned in regulation 18(3)(b) discloses - i a failure in relation to any parameter specified in table b in schedule 1, and ii that the failure is not attributable to the domestic distribution system or the maintenance of that system, and b it appears to the welsh ministers that the failure in respect of that parameter is not trivial and is likely to recur, the welsh ministers must consider whether to vary the terms of an authorisation under regulation 22. 4 where - a a notification given in accordance with regulation 19(2) discloses an inability to meet the specification applicable to an indicator parameter, and b the welsh ministers consider that the inability poses a potential danger to human health, the welsh ministers must, by notice in writing to any relevant supplier which uses the supply system for the purposes of supplying water to consumers in respect of which the notification was given, require that relevant supplier to take such steps as may be determined by the welsh ministers and specified in the notice. 5 a relevant supplier to whom a notice under paragraph (4) has been given must take the steps specified in the notice failure attributable to domestic distribution system where water is supplied to the public 21 1 paragraph (3) applies where the welsh ministers consider that the failure (or, in the case of regulation 18, apprehended failure) disclosed by a notification under regulation 18(5) or regulation 19(2) - a is attributable to the domestic distribution system, or the maintenance of that system, in premises where water supplied for regulation 4(1) purposes is made available for use by the members of the public, including schools within the meaning of the education act 1996 , hospitals and restaurants; b is not trivial and is likely to recur; and c in the case of a notification given under regulation 19(2), poses a potential danger to human health. 2 references in this regulation to "failure" are references to a failure or apprehended failure of the type referred to in paragraph (1). 3 subject to paragraph (7), the welsh ministers must as soon as possible, serve a notice in writing on - a the water undertaker that supplies water to the premises, or b the water undertaker whose supply system is used for the purpose of a water supply licensee making a supply of water to the premises, requiring it to exercise the power conferred by section 75(2) of the act (power to prevent damage and to take steps to prevent contamination, waste etc. ) in respect of the failure. 4 the provisions of section 75(2) to (12) of the act apply in relation to the exercise of the power in section 75(2) in pursuance of a notice served under paragraph (3), subject to the modifications in paragraph (5). 5 those modifications are - a subsections (2)(b) and (4) are to be read as if any reference to "damage, contamination, waste, misuse or undue consumption" were a reference to the failure. b subsection (9) is to be read as if for the words from "the water undertaker shall have power" to the end of paragraph (b) there were substituted - "the water undertaker - must take those steps itself; and subject to subsection (10) may recover any expenses reasonably incurred by the undertaker in taking those steps from the person on whom the notice was served. 6 where the water undertaker exercises the power in section 75(2) of the act pursuant to a notice served by the welsh ministers under paragraph (3) it must inform by notice in writing any of its other consumers who are likely to be affected, of the steps it has taken, and that notice must include a copy of any notice that it has served. 7 where the welsh ministers consider that the failure (or any aspect of it) is attributable to factors arising from the further distribution by a person other than a water undertaker or water supply licensee of water supplied by a water undertaker or water supply licensee, the welsh ministers - a must not serve a notice under paragraph (3) in respect of that failure or aspect of it; and b if the welsh ministers consider that the local authority needs information or assistance from the water undertaker or water supply licensee in order to be able to carry out its duties under regulation 17 (provision of information) or 18 (investigation) of the private water supplies (wales) regulations 2017 , the welsh ministers must serve a notice on the water undertaker or water supply licensee requiring it to provide such information or assistance to the local authority as is specified in the notice. 8 the water undertaker or water supply licensee on which a notice under this regulation has been served must take the steps specified in the notice as soon as possible. authorisation of temporary supply of water that is not wholesome 22 1 subject to paragraph (2), the welsh ministers may, upon the written application of a relevant supplier, authorise in accordance with regulation 23 a departure from the provisions of part 3 of these regulations in so far as they relate to - a a parameter specified in table b in schedule 1; and b the supply of water by a relevant supplier in any of the water supply zones which it uses for the purposes of supplying water to consumers. 2 the welsh ministers must not authorise a departure under paragraph (1) unless they are satisfied - a that the authorisation is necessary to maintain in that zone a supply of water for regulation 4(1) purposes; b that a supply of water for those purposes cannot be maintained in that zone by any other reasonable means; and c that the supply of water in accordance with the authorisation does not constitute a potential danger to human health. 3 every water undertaker or supplementary licensee must provide with its application - a a statement - i of the grounds on which the authorisation is sought; ii of the water supply zone in respect of which the authorisation is sought; iii of the parameters in respect of which the prescribed concentration or value cannot be met; iv in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples taken in the water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met; v in respect of each parameter to which paragraph (iii) applies, of the results of the analysis of the samples (if any) taken in the water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application; vi of the average daily quantity of water supplied to that zone or, if that quantity cannot readily be ascertained, of the average daily quantity of water supplied from the treatment works that supplies water to that zone; vii of the estimated population of that zone; viii as to whether, if a departure were authorised in the terms sought, any relevant food-production undertaking would be affected; ix of the period for which the authorisation is sought; and x of the reasons why the supply cannot be maintained by other reasonable means; b a scheme for monitoring the quality of water supplied in the zone during the period for which the authorisation is sought; and c a summary of the steps that it proposes to take, either alone or together with other relevant suppliers, in order to secure that the supply fully satisfies the requirements of part 3, including - i a timetable for the work; ii an estimate of the cost of the work; and iii provisions for reviewing the progress of the work and for reporting the result of the review to the welsh ministers. 4 at the same time as it makes an application for an authorisation under paragraph (1), the water undertaker or supplementary licensee must serve a copy of the application and of the statement, scheme and summary referred to in paragraph (3)on - a every appropriate local authority; b the public health wales national health service trust; c where the water supply zone is wholly or partly in england, public health england; and d the council . 5 a body on whom documents have been served in accordance with paragraph (4) may make representations to the welsh ministers in connection with the application; and any such representations must be made not later than the end of the period of 30 days beginning with the date on which the application for the authorisation is made. authorisations: terms and conditions 23 1 subject to paragraph (2), a departure may be authorised under regulation 22 for such period as is in the welsh ministers' opinion reasonably required for securing a supply of water for regulation 4(1) purposes that fully satisfies the requirements of part 3 ("the departure period"). 2 no departure period may exceed 3 years. 3 subject to paragraph (4), an authorisation under regulation 22 - a must specify - i the grounds on which it is granted; ii every water supply zone in respect of which it is granted; iii the extent to which a departure from the prescribed concentration or value of any parameter is authorised; iv in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples taken in each water supply zone in question during the 12 months immediately preceding the first day on which the prescribed concentration or value could not be met; v in respect of each parameter to which paragraph (iii) applies, the results of the analysis of the samples (if any) taken in each water supply zone in question between the first day on which the prescribed concentration or value could not be met and the date of the application; vi the average daily quantity of water supplied from each of those zones or, if that quantity cannot readily be ascertained, the average daily quantity of water supplied from the treatment works that supplies water to that zone; vii the estimated population of each of those zones; viii whether or not any relevant food-production undertaking would be affected; and ix the departure period; b must require the implementation of a scheme for monitoring the quality of water supplied in each of those zones during the departure period (which may be, but need not be, the scheme submitted in accordance with regulation 22(3)(b)); c must require the carrying out of the steps which, in its opinion, are reasonably required in order to secure that the supply fully satisfies the requirements of part 3 (whether or not the steps are those proposed in the summary submitted in accordance with regulation 22(3)(c)); d must specify, in relation to those steps - i the timetable for the work; ii an estimate of the cost of the work; and iii provisions for reviewing the progress of the work and for reporting to it the result of the review; and e must require a relevant supplier to provide to the relevant population advice as to the measures (if any) that it would be advisable for them to take in the interests of their health for the whole or any part of the departure period. 4 in paragraph (3)(e), "relevant population" means the population within the water supply zones to which the authorisation applies and, in particular, those groups of that population for which the supply of water in accordance with the authorisation could present a special risk. 5 where paragraph (6) applies, the particulars to be specified in the authorisation are those required by paragraph (3)(a)(iii) and (ix), and paragraph (3)(b) to (e) does not apply. 6 this paragraph applies where the welsh ministers are of the opinion that - a the extent of the contravention of the requirements of part 3 as respects any parameter is trivial; and b the prescribed concentration or value as respects that parameter is likely to be achieved within the period of 30 days beginning with the day on which the prescribed concentration or value in respect of that parameter was contravened. 7 where it appears to the welsh ministers that a supply of water that fully satisfies the requirements of part 3 cannot be restored by the end of the departure period, they may authorise a further departure. 8 paragraphs (1) to (6) will apply to a further departure authorised under paragraph (7) as they apply to a departure authorised under regulation 22. 9 where it appears to the welsh ministers that a supply of water that fully satisfies the requirements of part 3 cannot be restored by the end of the departure period relevant to an authorisation under paragraph (5), they may, in accordance with article 9(2) of council directive 98/83/eec on the quality of water for human consumption , authorise a third departure. 10 paragraph (3) applies to a third departure authorised under paragraph (9) as it applies to a departure authorised under regulation 22, but with the substitution for the words "subject to paragraph (5)"of the words "subject to any direction of the european commission". 11 an authorisation under regulation 22 or this regulation may be limited to water supplied - a from particular sources or classes of source; b to particular water supply zones or to zones of particular descriptions. publicity for authorisations 24 1 as soon as reasonably practicable after a departure has been authorised under regulation 22 or 23, the specified relevant suppliers must - a separately publish, by making accessible, free of charge, on their websites via a hyperlink maintained on their respective homepages for at least 14 days - i except in a case to which paragraph (4) of regulation 23 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii), (viii) and (ix) of that regulation; and ii in a case to which paragraph (4) of regulation 23 applies, a notice containing a statement of the matters specified in paragraph (3)(a)(ii), (iii) and (ix) of that regulation; and b jointly give such other public notice of the authorisation and of its terms and conditions as the welsh ministers may, by notice served on the specified relevant suppliers, reasonably require. 2 in this regulation "specified relevant suppliers" means relevant suppliers - a who use the same water supply zone for the purposes of supplying water to consumers; and b for the purposes of that supply, rely on an authorised departure relating to the same facts. revocation and modification of authorisations 25 1 subject to paragraphs (2) and (4), the welsh ministers may at any time modify or revoke an authorisation under regulation 22. 2 subject to paragraph (3) the welsh ministers must not revoke or modify an authorisation under regulation 22 without giving at least 6 months' notice in writing of their intention to do so to - a the relevant supplier to which the authorisation relates; b any other relevant supplier which, for the purposes of supplying water to consumers, uses the water supply zone in respect of which the authorised departure has been given; c every appropriate local authority; d the public health wales national health service trust; e where the authorisation relates to a water supply zone which is wholly or partly in england, public health england ; and f the council. 3 the welsh ministers may revoke or vary an authorisation under regulation 22 without notice if it appears to the welsh ministers that immediate revocation or modification is required in the interests of public health. 4 a relevant supplier on whose application a departure has been authorised under this part must notify the welsh ministers as soon as the circumstances which gave rise to the application cease to exist; and the welsh ministers will thereupon revoke the authorisation without the need for prior notice. part 8 water treatment disinfection and other treatment arrangements 26 1 unless the conditions in paragraph (5) are satisfied, before supplying water for regulation 4(1) purposes, a water undertaker or supplementary licensee must - a disinfect the water; and b where necessary, subject the water to sufficient preliminary treatment to prepare it for disinfection. 2 a water undertaker or supplementary licensee must - a design, operate and maintain the disinfection process so as to keep the presence of disinfection by-products as low as possible without compromising the effectiveness of the disinfection; and b verify the effectiveness of the disinfection process. 3 paragraph (4) applies when any property, organism or substance is present in a water source at a level that may constitute a potential danger to human health. 4 unless the conditions in paragraph (5) are satisfied, before supplying water for regulation 4(1) purposes using water from any source, a water undertaker or supplementary licensee must design and continuously operate an adequate treatment process for water from the source. 5 the conditions are that the water undertaker or supplementary licensee - a must supply water from the treatment works as a matter of urgency in order to prevent an unexpected interruption in piped supply to customers; and b before the supply is made, has taken all necessary steps to inform consumers that the water is not disinfected or adequately treated. 6 for the purposes of this regulation - a "adequate treatment process" means a process of blending or purification treatment which - i removes; or ii renders harmless the value or concentration of, any property of, organism or substance in, water, so that supplies do not constitute a potential danger to human health; b "sufficient preliminary treatment" means the treatment necessary - i to remove, or to reduce the value or concentration of, any property or substance which would interfere with disinfection; and ii to reduce turbidity to less than one ntu; and c water is supplied for regulation 4(1) purposes when it leaves a treatment works. risk assessment 27 1 this regulation applies to every treatment works and supply system from which water is supplied for regulation 4(1) purposes. 2 every water undertaker or supplementary licensee must carry out a risk assessment of each of its treatment works and connected supply system in order to establish whether there is a significant risk of supplying water from those works or supply system that would constitute a potential danger to human health or is likely to be unwholesome. 3 every water undertaker or supplementary licensee must keep its risk assessments under continuous review. 4 the welsh ministers may by notice served on a water undertaker or supplementary licensee, require a risk assessment or review to be carried out by a date specified in the notice. 5 where a water undertaker or supplementary licensee becomes aware of any factors which make it likely that a risk assessment under this regulation would establish that there is a significant risk of supplying water that would constitute a potential danger to human health, or that is likely to be unwholesome, it must serve a notice on the welsh ministers specifying the relevant factors. procedure following risk assessment and prohibition of supply 28 1 as soon as reasonably practicable after a water undertaker or supplementary licensee has carried out a risk assessment or review of such assessment under regulation 27, it must submit to the welsh ministers a report of the assessment or review. 2 the report must contain - a a description of the methods used to carry out the assessment or review; b where the assessment or review establishes that there is no significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, a statement confirming this; and c where the assessment or review establishes that measures have been taken to remove a significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome - i monitoring data which verifies this; and ii details of those measures. 3 where the assessment or review establishes that there is a significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, the report must - a contain a full explanation including details of every property, organism or substance that has been identified as contributing to the risk; and b specify the measures that the water undertaker or supplementary licensee - i has made operational as at the date of the report; and ii intends to make operational, to mitigate the risk. 4 where the welsh ministers have received a report which states that there is or has been a significant risk of supplying water that could constitute a potential danger to human health or could be unwholesome, they may, by notice served on the water undertaker or supplementary licensee, require the water undertaker or supplementary licensee - a to maintain such specified measures for such period of time as the welsh ministers consider appropriate to mitigate the risk; b to review, revise or make operational such specified measures by such date as the welsh ministers consider appropriate to mitigate the risk; c to audit whether the measures have been effective by such means as may be specified; d not to supply water for regulation 4(1) purposes from specified treatment works or supply systems, or not to so supply unless specified conditions are satisfied; and e to give the welsh ministers such information as they may require to monitor progress towards mitigation of that risk. 5 in paragraph (4), "specified" means specified in the notice served under that paragraph. 6 the welsh ministers may, by notice served on the relevant water undertaker or supplementary licensee, revoke or amend a notice served under paragraph (4). water treatment to minimise contamination from pipes 29 1 paragraph (2) applies where there is a risk ("the prescribed risk") that water supplied by a relevant supplier would, for the reason mentioned in paragraph (3), after leaving the relevant supplier's pipes - a contain a concentration of copper in excess of 2 mg/litre; or b contain a concentration of lead in excess of 10 g/litre. 2 every water undertaker or supplementary licensee which introduces water into the supply system used by the relevant supplier must, subject to paragraph (4), treat the water in such a way as will, in its opinion, eliminate the prescribed risk or reduce it to a minimum. 3 the reason referred to in paragraph (1) is the presence in the water of a concentration of copper or lead which is attributable to the fact that copper or lead is the major component of such a pipe as is mentioned in section 68(3)(a) of the act, or its associated fittings. 4 paragraph (1) will not require a water undertaker or supplementary licensee to treat water - a if the treatment is unlikely to achieve a significant reduction in the concentration of copper or lead; or b if treatment is not reasonably practicable. replacement of lead pipes 30 1 the relevant supplier must modify or replace its part of a pipe where a relevant supplier - a has received from the owner of premises to which water is so supplied notice in writing - i of the owner's intention to replace so much of the pipe as belongs to him; and ii of his desire that the relevant supplier replaces the remainder of the pipe; and b has reason to believe that water supplied by it for regulation 4(1) purposes from a pipe to which paragraph (2) applies contains, at the consumer's tap, a concentration of lead which exceeds 10 g/1. 2 this paragraph applies to a pipe - a of which the major component is lead; b which is subject to water pressure from a water main or would be so subject but for the closing of some valve; and c of which part belongs to a relevant supplier and of which the remainder belongs to the owner of any premises to which the relevant supplier supplies water for regulation 4(1) purposes. application and introduction of substances and products 31 1 subject to paragraph (2), a water undertaker or supplementary licensee must not apply any substance or product to, or introduce any substance or product into, water which is to be supplied for regulation 4(1) purposes unless one of the requirements of paragraph (4) is satisfied. 2 a substance or product which, at the time of its application or introduction - a bears an appropriate ce marking in accordance with the constructions products regulation, or b conforms to an appropriate british standard or some other appropriate standard of an eea state or turkey which provides an equivalent level of protection and performance, may be applied or introduced, notwithstanding that none of the requirements of paragraph (4) are satisfied. 3 paragraph (2) applies only if such an application or introduction complies with - a such conditions of use restricting the dosing concentration as are for the time being in force in relation to such substances and products pursuant to a determination of the welsh ministers by an instrument in writing; b such other requirements, within the meaning of the technical standards directive, in relation to such substances and products, as have been communicated to the european commission in the form of a draft technical regulation in accordance with article 8 of that directive, and whose adoption by a member state has also been communicated to the european commission. 4 the requirements of this paragraph are - a that the welsh ministers have for the time being approved the application or introduction of that substance or product and it is applied or introduced in accordance with any conditions attaching to that approval; b that the welsh ministers are satisfied that the substance or product either alone or in combination with any other substance or product in the water is unlikely to affect adversely the quality of the water supplied; and c that the substance or product is to be applied or introduced solely for the purposes of testing or research, and the water undertaker or supplementary licensee has given to the welsh ministers not less than 3 months' notice in writing of its intention so to apply or introduce the substance or product. 5 an application for such an approval as is mentioned in paragraph (4)(a) may be made by any person. 6 if the welsh ministers decide to issue an approval under paragraph (4)(a), they may include in the approval such conditions as it considers appropriate and, subject to paragraph (10), may at any time revoke or vary any approval it has previously given. 7 where substances or products are applied or introduced in any case in which the requirement mentioned in paragraph (4)(c) is satisfied, their application or introduction will be discontinued within 12 months of the date on which they were first applied or introduced or, if the welsh ministers by notice given in writing to the water undertaker or supplementary licensee so directs, within such other period (whether longer or shorter) as may be specified in the notice. 8 the welsh ministers may, by notice given in writing to any water undertaker or supplementary licensee, prohibit the water undertaker or supplementary licensee from applying to, or introducing into, water intended to be supplied for regulation 4(1) purposes any substance or product which the water undertaker or supplementary licensee would otherwise be authorised to apply or introduce by virtue of - a paragraphs (1) and (4)(b) or (c); or b paragraph (2). 9 a prohibition under paragraph (8) may be without limitation as to time or for such period as is specified in the notice. 10 subject to paragraph (11) the welsh ministers may - a revoke by an instrument in writing any approval given by it under paragraph (4)(a); b modify any such approval by an instrument in writing by including conditions or varying existing conditions; c give any such notice as is mentioned in paragraph (8); 11 unless the welsh ministers are satisfied that it is necessary to do so in the interests of public health without notice, the welsh ministers must not do any of those things without giving all such persons as are, in the opinion of the welsh ministers, likely to be affected by the revocation or modification of the approval or by the giving of the notice at least 6 months' notice in writing of its intention. 12 notwithstanding paragraph (11), the welsh ministers must give immediate notice to all persons likely to be affected by the revocation or variation of an instrument mentioned in paragraph (10)(a) or (b). 13 at least once in each year, the welsh ministers must issue a list of all the substances and products, with particulars of the action taken, in relation to which - a an approval under paragraph (4)(a) has been granted or refused; b such an approval has been revoked or modified; and c a notice has been given under paragraph (8). 14 the welsh ministers may - a by notice served on the person who makes an application for approval under paragraph (4)(a), require the person to pay the welsh ministers a charge which reflects the administrative expenses incurred or likely to be incurred by the welsh ministers in connection with the application; and b in determining the amount of any such charge, adopt such methods and principles for its calculation as appear to the welsh ministers to be appropriate. 15 in this regulation - a "eea state" means - i a member state of the eu ; or ii any other state that is a party to the eea agreement; b "eea agreement" means the agreement on the european economic area signed at oporto on 2 may 1992, together with the protocol adjusting that agreement signed at brussels on 17 march 1993, as modified or supplemented from time to time; c "the construction products regulation" means regulation (eu) no 305/2011 of the european parliament and of the council laying down harmonised conditions for the marketing of construction products ; d "the technical standards directive" means directive (eu) 2015/1535 of the european parliament and of the council laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services . use of processes 32 1 the welsh ministers may at any time by notice in writing given to a water undertaker or supplementary licensee require the water undertaker or supplementary licensee to make an application to it for approval of the use of any process; and may prohibit the water undertaker or supplementary licensee for such period as may be specified in the notice from using any such process in connection with the supply by the water undertaker or supplementary licensee of water for regulation 4(1) purposes. 2 the welsh ministers may refuse the application or impose on any approval given for the purposes of this regulation such conditions as they think fit and, subject to paragraph (3), may at any time by notice in writing to the water undertaker or supplementary licensee revoke an approval so given or modify or revoke any condition imposed by virtue of this paragraph. 3 subject to paragraph (4), unless the welsh ministers have given to the water undertaker or supplementary licensee at least 6 months' notice in writing of the welsh ministers' intention to revoke, vary or prohibit, as the case may be, the welsh ministers must not - - a revoke any approval given for the purposes of this regulation; b modify any condition imposed by virtue of paragraph (2); or c prohibit a water undertaker or supplementary licensee from using any process. 4 paragraph (3) does not apply in any case in which the welsh ministers are of the opinion that the immediate revocation, modification or prohibition is necessary in the interests of public health. 5 regulation 31(13) applies for the purposes of this regulation as if - a for the reference to a substance or product there were substituted a reference to a process; and b for the reference to paragraph (4)(a) and paragraph (8) there were substituted a reference to this regulation and paragraph (1) of this regulation respectively. offences 33 1 a water undertaker or supplementary licensee which contravenes regulation 26(1) or (4) or the terms of a notice served under regulation 28(4)(d) will be guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine. 2 in any proceedings against a water undertaker or supplementary licensee for an offence under paragraph (1), it will be a defence for that water undertaker or supplementary licensee to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence. 3 a water undertaker or supplementary licensee which - a applies or introduces any substance or product in contravention of regulation 31(1) or a notice given under regulation 31(8), or b uses any process in contravention of a prohibition imposed under regulation 32(1) or without complying with a condition imposed by virtue of regulation 32(2), will be guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine. 4 if any person, in furnishing any information or making any application under regulation 31 or 32, makes any statement which he or she knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, that person is guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine. 5 proceedings for an offence under paragraph (4) will not be instituted except by or with the consent of the welsh ministers or the director of public prosecutions. part 9 records and information maintenance of records 34 1 every water undertaker or supplementary licensee must, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing - a the name of the zone; b the name of every water treatment works, service reservoir and other supply point from which water is supplied to premises within the zone; c an estimate of the population of the zone; d particulars of any departure authorised under part 7 of these regulations which applies to water supplied in the zone; e particulars of the action taken or required to be taken by the water undertaker or supplementary licensee to comply with - i any enforcement order made under section 18 of the act; ii any departure authorised under part 7; and iii any notice under regulation 20(4); f particulars of the result of any analysis of samples taken in accordance with part 4 of these regulations or any of regulations 11 to 13, 17 and 28; g the results of any electronic monitoring where this is carried out in accordance with these regulations; h particulars of all consumer contacts in relation to the discharge of duties under these regulations; and i such other particulars as the water undertaker or supplementary licensee may determine. 2 a retail licensee must, in respect of each of the water supply zones which it uses for the purposes of supplying water to consumers, prepare and maintain a record containing - a the name of the water supply zone; b particulars of any departure authorised under part 7 of these regulations which applies to water supplied in the zone; c particulars of the action taken or required to be taken by the retail licensee to comply with - i any enforcement order made under section 18 of the act; ii any departure authorised under part 7; and iii any notice under regulation 20(4); d particulars of all consumer contacts in relation to the discharge of duties under these regulations; and e such other particulars as the retail licensee may determine. 3 a water undertaker or supplementary licensee must make entries in the record - a in respect of the matters mentioned in paragraph (1)(a) to (d) and (e)(ii) as soon as reasonably practicable and no later than 3 months after the day on which it first introduces water into a supply system for the purposes of supplying water to consumers; b in respect of the matters mentioned in paragraph (1)(e)(i) and (iii) within 28 days of the date of the order and notice respectively; and c relating to the results of the analysis of samples within 28 days of the day on which the result is first known to the water undertaker or supplementary licensee. 4 a retail licensee must make - a initial entries in the record in respect of the matters mentioned in paragraph (2)(a), (b) and (c)(ii) no later than 3 months after the day on which it first uses a supply system for the purposes of supplying water to consumers; and b entries in respect of the matters mentioned in paragraph (2)(c)(i) and (iii) within 28 days of the date of the order and notice respectively. 5 without prejudice to paragraph (3), the relevant supplier must at least once in each year review and bring up to date the record required to be kept by paragraph (1) or paragraph (2) (as the case may be). 6 nothing in this regulation will require a relevant supplier to retain a record - a of information mentioned in any of sub-paragraphs (a), (b) and (f) of paragraph (1) or in paragraph (2)(a) at any time more than 30 years after the date on which the information was first entered in the record; b of information mentioned in any other sub-paragraph of paragraph (1) or paragraph (2) at any time more than 5 years after the date on which the information was first entered in the record. provision of information 35 1 any person may request a relevant supplier to send to the person making the request a copy of any record maintained by the relevant supplier under regulation 34 and the relevant supplier must, within 7 days of the receipt of the request, send a copy of the record requested to the person who requested it. 2 a relevant supplier must comply with a request under paragraph (1) - a in the case of a request relating to a water supply zone, free of charge if the person receives a supply of water in the zone; or b in any other case, on payment of such reasonable charge as the relevant supplier may determine. 3 paragraph (1) does not oblige a relevant supplier to comply with a request which is vexatious. 4 where a relevant supplier has previously complied with a request which was made by any person, paragraph (1) does not oblige it to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the subsequent request. 5 a water undertaker must include in, or append to, at least one of the accounts sent to each customer in any year a statement informing customers of their rights under paragraph (1). 6 as soon as possible after an event which, by reason of its effect or likely effect on the water supplied by a relevant supplier, gives rise or is likely to give rise to a significant risk to human health the relevant supplier must notify - a in every case - i every appropriate local authority; ii the public health wales national health service trust; iii the council; and iv the welsh ministers; and b in any case where the event gives rise or is likely to give rise to a significant risk to human health in england - i public health england; and ii the secretary of state. 7 where a person has received a notification under paragraph (6), that person may require the relevant supplier to provide such further information relating to the event and its consequences as that person may reasonably require. part 10 functions of local authorities in relation to water quality application and interpretation of this part 36 1 this part applies to the performance by a local authority of their duty under section 77(1) of the act (general functions of local authorities in relation to water quality) insofar as that duty relates to water supplies which are not private supplies. 2 in this part "specified relevant supplier", in relation to a local authority, means - a a water undertaker any of whose water supply zones include an area which is situated within the area of that authority; or b a water supply licensee which uses any such water supply zones for the purposes of supplying water to consumers. duties of local authorities: supplementary provision 37 1 in performing their duty under section 77(1) of the act, a local authority - a must make such arrangements with the specified relevant supplier as will secure that the authority is notified as mentioned in regulation 35(6)(a)(i); and b may take, or cause to be taken, and analyse, or cause to be analysed, by a person designated by them in writing, such samples of the water supplied to premises in their area as they may reasonably require. 2 regulation 15 applies to samples taken by virtue of paragraph (1) as it applies to samples taken for the purposes of parts 4 and 5 of these regulations, but regulation 15(1) is to be read as if for the words "water undertaker or supplementary licensee" there were to be substituted "local authority". part 11 enforcement contraventions by relevant suppliers 38 any duty or requirement imposed by parts 4 to 9 of these regulations on a relevant supplier will be enforceable under section 18 of the act by the welsh ministers or the authority , whether or not the duty or requirement constitutes an offence. part 12 miscellaneous transitional provisions 39 1 on the coming into force of these regulations - a a notice given under regulation 6a(3) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be a notice given under regulation 6(13) of these regulations; b an authorisation under regulation 8(1) or (3) of the 2010 regulations is taken to be an authorisation given under regulation 8(2) or (4) respectively of these regulations; c an authorisation given under regulation 16(7) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be an authorisation under regulation 15(7) of these regulations; d a notice given under regulation 17(3), (4) or (5)(b) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be a notice given under regulation 17(3), (4) or (5)(b) respectively of these regulations; e a notice given under regulation 20(1) or (4) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be a notice given under regulation 20(1) or (4) respectively of these regulations; f a notice given under regulation 21(3) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be a notice given under regulation 21(3) of these regulations; g an authorisation given under regulation 22(1) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be an authorisation given under regulation 22(1) of these regulations; h any further authorisations given under regulation 23(5) and (7) of the 2010 regulations which had effect immediately before the coming into force of these regulations are taken to be further authorisations given under regulation 23(7) and (9) respectively of these regulations; i a notice given under regulation 28(5) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be a notice given under regulation 27(4) of these regulations; j a notice given under regulation 29(4) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be a notice given under regulation 28(4) of these regulations; k an approval given under regulation 31(4)(a) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be an approval given under regulation 31(4)(a) of these regulations; l a notice given under regulation 31(7) or (8) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be a notice given under regulation 31(7) or (8) respectively of these regulations; m a notice given under regulation 32(1) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be a notice given under regulation 32(1) of these regulations; and n an approval or notice given under regulation 32(2) of the 2010 regulations which had effect immediately before the coming into force of these regulations is taken to be an approval or notice respectively given under regulation 32(2) of these regulations. 2 any variation from the standard number under the 2010 regulations, as defined in regulation 9 of those regulations, as in force immediately before the coming into force of these regulations is to cease upon the coming into force of these regulations. 3 table a2 in schedule 5 remains in force until 23:59 on 31 december 2019 following which it is revoked for all purposes. 4 regulation 16 remains in force until 23:59 on 31 december 2019 following which it is revoked for all purposes. amendments and revocations 40 1 the regulations specified in table 1 in schedule 6 are amended in accordance with the provisions of that table. 2 the regulations specified in table 2 in schedule 6 are revoked to the extent specified in that table. lesley griffiths cabinet secretary for energy, planning and rural affairs, one of the welsh ministers 22 may 2018

citation, commencement and effect 1 1 this order may be cited as the research and development (qualifying bodies) (tax) order 2018 and shall come into force on 16th march 2018. 2 in relation to a body specified in column (1) of the schedule to this order, this order has effect in relation to expenditure incurred on or after the date set out in column (4) opposite the entry in column (1) for that body. bodies prescribed for the purposes of part 13 of the corporation tax act 2009 2 each of the bodies specified in column (1) of the schedule to this order is a body prescribed for the purposes of part 13 of the corporation tax act 2009 (additional relief for expenditure on research and development). 3 the research and development (qualifying bodies) (tax) order 2012 is revoked. andrew stephenson rebecca harris two of the lords commissioners of her majesty's treasury 21st february 2018

citation and commencement 1 these regulations may be cited as the allocation of housing and homelessness (eligibility) (england) (amendment) (no. 2) regulations 2018 and come into force on 1st november 2018. amendments to the allocation of housing and homelessness (eligibility) (england) regulations 2006 2 the allocation of housing and homelessness (eligibility) (england) regulations 2006 are amended as follows. amendments to regulation 3 3 in regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation) - a in paragraph (f) at the end omit "and"; b in paragraph (g) at the end for the full stop substitute "; and"; and c after paragraph (g) insert - h class h - a person who is habitually resident in the united kingdom, the channel islands, the isle of man or the republic of ireland and has calais leave to remain under paragraph 352j of the immigration rules. . amendments to regulation 5 4 in paragraph (1) of regulation 5 (persons subject to immigration control who are eligible for housing assistance) - a in sub-paragraph (g) at the end omit "and"; b in sub-paragraph (h) at the end for the full stop substitute "; and"; and c after sub-paragraph (h) insert - i class i - a person who is habitually resident in the united kingdom, the channel islands, the isle of man or the republic of ireland and has calais leave to remain under paragraph 352j of the immigration rules. . signed by authority of the secretary of state for housing, communities and local government heather wheeler parliamentary under secretary of state ministry of housing, communities and local government 10th october 2018

citation and commencement 1 these regulations may be cited as the exotic disease (amendment) (england) (eu exit) regulations 2018 and come into force on exit day. the foot-and-mouth disease (england) order 2006 2 in schedule 8 to the foot-and-mouth disease (england) order 2006 , in paragraph 7, for "another" substitute "a". the foot-and-mouth disease (control of vaccination) (england) regulations 2006 3 1 the foot-and-mouth disease (control of vaccination) (england) regulations 2006 are amended as follows. 2 in regulation 9(1)(c), at the end insert "with the reference to "member states" in paragraph 3.1 in annex x being read as a reference to the secretary of state". 3 in regulation 28, for "another" substitute "a". the avian influenza (preventive measures) (england) regulations 2006 4 1 the avian influenza (preventive measures) (england) regulations 2006 are amended as follows. 2 in regulation 9(5), omit the words from "approved" in the first place it occurs to the end. 3 in regulation 11(2)(a) and (3), for "another" substitute "a". the avian influenza and influenza of avian origin in mammals (england) (no 2) order 2006 5 1 the avian influenza and influenza of avian origin in mammals (england) (no 2) order 2006 is amended as follows. 2 in article 22(2), for "another" substitute "a". 3 in article 32, for "intra-community or international trade" substitute "export outside the united kingdom". 4 in article 50(1)(b)(ii) for "another" substitute "a". 5 in article 63(5), for "intra-community or international trade" substitute "export outside the united kingdom". the avian influenza (vaccination) (england) regulations 2006 6 1 the avian influenza (vaccination) (england) regulations 2006 are amended as follows. 2 in regulation 2, in paragraph (1) - a in the definition of "emergency vaccination plan", after "article 53 of the directive" insert - , reading that article as if - a in paragraph 1 - i for "a member state" there were substituted "the secretary of state"; ii for "the member state" there were substituted "england"; iii the words "concerned" to the end were omitted; b in paragraph 2, in the first subparagraph - i for "a member state" there were substituted "the secretary of state"; ii for the words from "it shall submit" to the end there were substituted "the secretary of state must produce an emergency vaccination plan"; c paragraph 3 were omitted. ; b in the definition of "preventive vaccination plan", after "article 56 of the directive" insert - , reading that article as if - a in paragraph 1, the reference to member states were a reference to the secretary of state; b in paragraph 2, in the first subparagraph - i for "a member state" there were substituted "the secretary of state"; ii for the words from "it shall submit" to the end there were substituted "the secretary of state must produce a preventive vaccination plan"; c paragraph 3 were omitted. ; 3 in regulation 6(3), for the words from "after" to "directive" substitute "in accordance with an emergency vaccination plan". 4 in regulation 7(2)(b), for the words from "has been submitted" to the end substitute "is in place". 5 in regulation 10 - a in the heading, for "an approved plan" substitute "a published emergency vaccination plan"; b in paragraphs (1) and (7), for the words from "approved" to the end substitute "published by the secretary of state". the avian influenza (h5n1 in poultry) (england) order 2006 7 1 the avian influenza (h5n1 in poultry) (england) order 2006 is amended as follows. 2 in article 2 - a in the definition of "approved body", for the words "in accordance" to the end, substitute "by the secretary of state"; b after the definition of "temporary movement restriction zone" insert - "third country" means any country that is neither the united kingdom nor a member state. . 3 in article 9 - a in paragraph (1), for "other member state" substitute "a member state"; b in paragraph (3)(c), for "another" substitute "a". 4 in article 10 - a in paragraph (1), for "other" substitute "a"; b in paragraph (3)(c) and (e), for "another" substitute "a". 5 in article 11(1), for "other" substitute "a". 6 in article 14(1)(d), for "another" substitute "a". the products of animal origin (disease control) (england) regulations 2008 8 1 the products of animal origin (disease control) (england) regulations 2008 are amended as follows. 2 omit regulation 17(15)(b) (and the "and" immediately preceding it). 3 in schedule 3, omit paragraph (1)(b)(iii). the bluetongue regulations 2008 9 omit regulation 19(4)(b) of the bluetongue regulations 2008 (and the "and" immediately preceding it). the poultry compartments (england) order 2010 10 in article 4(1)(f) of the poultry compartments (england) order 2010 , omit "a representative of the european commission or". the african horse sickness (england) regulations 2012 11 omit regulation 29(8)(b)(ii) of the african horse sickness (england) regulations 2012 (and the "and" immediately preceding it). gardiner of kimble parliamentary under secretary of state department for environment, food and rural affairs 20th december 2018

citation, commencement and effect 1 1 this order may be cited as the value added tax (input tax) (specified supplies) (amendment) order 2018 and comes into force on 1st march 2019. 2 the amendments made by this order have effect in relation to supplies of services made on or after 1st march 2019. amendment of the value added tax (input tax) (specified supplies) order 1999 2 the value added tax (input tax) (specified supplies) order 1999 is amended as follows. 3 in article 2, after "3" insert ", 3a". 4 after article 3 insert - 3a any services that are included within article 3 above by virtue of the fact that the supply is exempt, or would have been exempt if made in the united kingdom, by virtue of item 4 of group 2 of schedule 9 to the value added tax act 1994 must be related to an insurance transaction or a reinsurance transaction where the party to be insured under the contract of insurance or reinsurance (whether or not a contract of insurance or reinsurance is finally concluded) is a person who belongs outside the united kingdom. . mike freer rebecca harris two of the lords commissioners of her majesty's treasury 10th december 2018

part 1 general citation, commencement and application 1 1 these regulations may be cited as the burma (european union financial sanctions) regulations 2018 and come into force on 21st may 2018. 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) 2018/647 of 26th april 2018 concerning restrictive measures in respect of burma, and a reference to annex iv 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 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 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 do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account. 3 a relevant institution must inform the treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (c) or paragraph (2). 4 in this regulation, "frozen account" means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person. licences 9 1 the prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the treasury. 2 a licence must specify the acts authorised by it and may be-- a general or granted to a category of persons or to a particular person; b subject to conditions; c of indefinite duration or subject to an expiry date. 3 the treasury may vary or revoke a licence at any time. 4 on the grant, variation or revocation of a licence, the treasury must-- a in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person, b in the case of a general licence or a licence granted to a category of persons, take such steps as the treasury consider appropriate to publicise the grant, variation or revocation of the licence. 5 a person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly-- a provides information that is false in a material respect, or b provides or produces a document that is not what it purports to be. 6 a person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence. part 3 offences contravention and circumvention of prohibitions 10 1 a person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence. 2 a person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly)-- a to circumvent any of the prohibitions in regulations 3 to 7, or b to enable or facilitate the contravention of any such prohibition. officers of a body corporate etc 11 1 where an offence under these regulations committed by a body corporate-- a is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or b is attributable to any neglect on the part of any such person, that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly. 2 in paragraph (1), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. 3 paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference-- a in the case of a partnership, to a partner; b in the case of an unincorporated body other than a partnership-- i where the body's affairs are managed by its members, to a member of the body; ii in any other case, to a member of the governing body. penalties 12 1 a person guilty of an offence under regulation 9 or 10 is liable-- a on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; b on summary conviction-- i to imprisonment for a term not exceeding the relevant maximum; or ii to a fine, which in scotland or northern ireland may not exceed the statutory maximum, or to both. 2 a person guilty of an offence under paragraph 1(5) or paragraph 4(1) of the schedule is liable on summary conviction - a to imprisonment for a term not exceeding the relevant maximum; or b to a fine, which in scotland or northern ireland may not exceed the statutory maximum, or to both. 3 for the purposes of this regulation, "the relevant maximum" is-- a in england and wales, twelve months (or, in relation to offences committed before section 154(1) of the criminal justice act 2003 (general limit on magistrates' court's power to impose imprisonment) comes into force, six months); b in scotland, twelve months; c in northern ireland, six months. proceedings 13 1 proceedings against any person for an offence under these regulations may be taken before the appropriate court in the united kingdom having jurisdiction in the place where that person is for the time being. 2 proceedings against any person for an offence under these regulations which cannot be taken under paragraph (1) above may be taken before any appropriate court in the united kingdom. 3 an offence falling under these regulations which is committed wholly or partly outside the united kingdom may for all incidental purposes be treated as having been committed within the jurisdiction of the court where proceedings are taken. 4 in england and wales an information relating to an offence that is triable by a magistrates' court may be so tried if it is laid-- a at any time within three years after the commission of the offence, and b within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor. 5 in scotland-- a summary proceedings for an offence may be commenced-- i within twelve months after the date on which evidence sufficient in the opinion of the lord advocate to justify the proceedings comes to the knowledge of the lord advocate, and ii not later than three years after the commission of the offence; and b section 136(3) of the criminal procedure (scotland) act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section. 6 in northern ireland summary proceedings for an offence may be instituted-- a at any time within three years after the commission of the offence, and b within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor. 7 for the purposes of this regulation a certificate of the prosecutor (or in scotland, the lord advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence. consent to prosecution 14 1 proceedings for an offence under these regulations (other than for a summary offence) may not be instituted-- a in england and wales, except by or with the consent of the attorney general, b in northern ireland-- i where the offence is committed wholly or partly outside northern ireland, except by or with the consent of the advocate general for northern ireland; ii for all other offences, except by or with the consent of the director of public prosecutions for northern ireland. 2 nothing in paragraph (1) prevents-- a the arrest of a person in respect of an offence under these regulations, or b the remand in custody or on bail of any person charged with such an offence. part 4 miscellaneous information provisions 15 the schedule (information provisions) has effect. notices 16 1 this regulation has effect in relation to any notice to be given to a person by the treasury under regulation 9 (licences). 2 any such notice may be given-- a by posting it to the person's last known address, or b where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned. 3 where the treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity. the crown 17 1 these regulations bind the crown. 2 no contravention by the crown of a provision of these regulations makes the crown criminally liable. 3 the high court or, in scotland, the court of session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the crown that constitutes a contravention of a provision of these regulations. 4 nothing in this regulation affects her majesty in her private capacity. 5 paragraph (4) is to be read as if section 38(3) of the crown proceedings act 1947 (meaning of her majesty in her private capacity) were contained in these regulations. paul maynard rebecca harris two of the lords commissioners of her majesty's treasury 27th april 2018

citation and commencement 1 these regulations may be cited as the scottish banknote (designation of authorised bank) regulations 2018 and come into force on the day after the day on which they are made. interpretation 2 in these regulations - "the 2009 act" means the banking act 2009; "designation date" means the date to be determined in accordance with regulation 3; "new royal bank of scotland" means the public limited company now named adam & company plc registered in scotland under company registration number sc083026 with a registered office at 25 st andrew square, edinburgh, eh2 1af; and "original royal bank of scotland" means the public limited company now named the royal bank of scotland plc and registered in scotland under company registration number sc090312 with a registered office at 36 st andrew square, edinburgh, eh2 2yb. designation date 3 1 in accordance with section 214a(4)(b) of the 2009 act, the treasury must determine the designation date for the purposes of these regulations. 2 before the designation date, the treasury must publish in the london gazette and the edinburgh gazette notice of the designation date, stating that - a it is the designation date for the purposes of these regulations; and b from the beginning of the designation date - i original royal bank of scotland will no longer be authorised to issue banknotes in scotland; and ii new royal bank of scotland will be authorised to issue banknotes in scotland. removal of authorisation 4 from the beginning of the designation date, original royal bank of scotland is no longer an authorised bank for the purposes of part 6 of the 2009 act . designation of authorised bank 5 1 for the purposes of part 6 of the 2009 act, new royal bank of scotland (a bank within the same group as original royal bank of scotland) is designated as an authorised bank. 2 the designation in paragraph (1) - a applies from the beginning of the designation date; and b authorises new royal bank of scotland to issue banknotes in scotland only. banknotes in circulation 6 1 any banknote in circulation issued by original royal bank of scotland prior to the designation date is, from the beginning of the designation date - a treated as having been issued by new royal bank of scotland; and b deemed to record an engagement by new royal bank of scotland to pay money to the bearer on demand instead of such an engagement by original royal bank of scotland. 2 any rights and liabilities in relation to any such banknote transfer from original royal bank of scotland to new royal bank of scotland at the beginning of the designation date. 3 anything done by or in relation to original royal bank of scotland in connection with any such banknote is to be treated as having been done by or in relation to new royal bank of scotland for all purposes from the beginning of the designation date. 4 nothing in this regulation affects the validity of any banknotes issued before the designation date by original royal bank of scotland. banknotes not in circulation 7 1 from the beginning of the designation date, ownership of any banknote of original royal bank of scotland not in circulation transfers from original royal bank of scotland to new royal bank of scotland. 2 the transfer of ownership of any banknote by virtue of paragraph (1) does not constitute the issuing of that banknote within the meaning of section 209 of the 2009 act. disapplication of banknote regulations and rules 8 1 from the beginning of the designation date, the banknote regulations and rules no longer apply to original royal bank of scotland. 2 in this regulation, the banknote regulations and rules means - a any regulations made under section 215 of the 2009 act; or b any rules made by the bank of england under any such regulations. craig whittaker david rutley two of the lords commissioners of her majesty's treasury 7th february 2018

citation, commencement and extent 1 1 these regulations may be cited as the local government pension scheme (amendment) regulations 2018. 2 these regulations come into force on 14th may 2018 but the provisions listed in paragraph (3) have effect from 1st april 2014. 3 the provisions are - a regulations 5 to 8; b regulations 10 and 11; c regulation 14; d regulation 15(b); e regulations 16 and 17; f regulation 20 apart from paragraph (b); g regulation 21 apart from paragraph (b)(i); h regulation 22; i regulation 24(b); j regulation 26; k regulation 28. 4 these regulations extend to england and wales. amendment of the local government pension scheme regulations 2013 2 the local government pension scheme regulations 2013 are amended in accordance with regulations 3 to 22. 3 in regulation 2 (introductory) after paragraph (1) insert - 1a in these regulations "local government service" means employment with a body specified in part 1 of schedule 2. 1b a person is deemed to be in local government service for the purpose of these regulations - a if that person is employed by a body specified in part 2 of schedule 2 and is designated, or belongs to a class of employees that is designated, by that body as being eligible for membership of the scheme; or b if that person is specified in column 1 of the table in part 4 of schedule 2. 1c the scheme may potentially relate to a person employed by an admission body. . 4 1 in regulation 3 (active membership) for paragraph (1) substitute - 1 subject to regulation 4 (restriction on eligibility for active membership), a person is eligible to be an active member of the scheme - a if working in local government service; or b if - i by virtue of regulation 2(1c) (introductory: potential eligibility for membership) the scheme may potentially relate to that person; ii a determination under section 25(5) of the public service pensions act 2013 has been made in respect of that person; and iii that person's employer has designated that person, or a class of employees to which that person belongs, as being eligible for membership of the scheme. . 2 after paragraph (1) insert - 1a the following functions are delegated to administering authorities - a the function of making a determination under section 25(5) of the public service pensions act 2013 ("a determination"), in relation to persons of the description in regulation 2(1c); and b the function of publishing a list under section 25(9) of that act of the persons to whom the scheme relates by virtue of a determination. . 3 in paragraph (2) for "by virtue of paragraph 1(d)" substitute "by virtue of regulation 2(1b)(b)". 5 in regulation 10(5) (temporary reduction in contributions) at the end of sub-paragraph (a) for "and" substitute "or". 6 in regulation 11(4) (contributions during absence from work) omit the words after sub-paragraph (c). 7 in regulation 21 (assumed pensionable pay) - a in paragraph (4), for "subject to paragraph (4a)" substitute "subject to paragraphs (4a), and (5a) to (5c)"; and b after paragraph (5) insert - 5a where the pensionable pay received by a member during any period specified in paragraph (4)(a)(i) or (4)(b)(i) was, in the opinion of the scheme employer, materially lower than the level of pensionable pay that member normally received, for the purposes of this regulation the scheme employer may substitute for the pensionable pay the member received, a higher level of pensionable pay to reflect the level of pensionable pay that the member would normally have received. 5b in determining what the level of pensionable pay a member normally receives for the purposes of paragraph (5a) a scheme employer must have regard to the level of pensionable pay received by the member in the previous 12 months. 5c where any pensionable pay that has been received by a member includes fees of the kind listed in regulation 20(2)(j)(i) to (iv) (returning officer fees), for the purposes of paragraph (4)(a)(i) or (4)(b)(i) the annual rate of pensionable pay in respect of the fees in that employment that the member received is the annual average of the pensionable pay relating to those fees during the three years preceding the date the absence, the ill-health retirement or death occurred, or during the membership in that employment if less than three years. . 8 in regulation 30 (retirement benefits) - a in paragraph (7)(b) for "that employment" substitute "that active member's pension account"; b after paragraph (12) insert - 12a in this regulation references to an employee in local government service include - a a person who satisfies the conditions in regulation 3(1)(b); and b a person who has been a member of the scheme in an employment and would be eligible for membership of the scheme in that employment but whose active membership has ceased as a consequence of a notice served under regulation 5(2) in relation to that employment. . 9 in regulation 33(2) (election for lump sum instead of pension) for "excluding" substitute "including". 10 in regulations 47(4)(a), 48(4)(a), 48(5)(a), 48(9)(a) and 48(10)(a) (survivor benefits: partners and children of pensioner members) after the words "earned pension" insert "(including any amount added under regulations 39(1)(a) or 39(2)(a) (enhancement of member's tier 1 and tier 2 benefits))". 11 in regulation 50(2) (limit on total amount of benefits) for "or fixed protection" substitute ", fixed protection or individual protection". 12 in regulation 51 (guaranteed minimum pension) at the end insert - 9 in this regulation "local government service" includes employment in respect of which the member satisfies the conditions in regulation 3(1)(b). . 13 in regulation 64 (special circumstances where revised actuarial valuations and certificates must be obtained) - a in paragraph (1) at the end add "or entitled to receive an exit credit"; b in paragraph (2)(b) after "exit payment due from the exiting employer" insert "or exit credit payable to the exiting employer"; c after paragraph (2) insert - 2za if an exit credit is payable to an exiting employer, the appropriate administering authority must pay the amount payable to that employer within three months of the date on which that employer ceases to be a scheme employer, or such longer time as the administering authority and the exiting employer may agree. 2zb when an administering authority has paid an exit credit to an exiting employer, no further payments are due from that administering authority in respect of any surplus assets relating to the benefits in respect of any current or former employees of that employer as a result of these regulations. ; d in paragraph (8) after the definition of "exiting employer" insert - "exit credit" means the amount required to be paid to the exiting employer by the administering authority to meet the excess of assets in the fund relating to that employer over the liabilities specified in paragraph (2). . 14 in regulation 68(2) (employer's further payments) for "regulation 30(6) (flexible retirement) or (7) (early leavers on grounds of redundancy or business efficiency)" substitute "regulation 30(5) (early retirement), (6) (flexible retirement) or (7) (early leavers on grounds of redundancy or business efficiency)". 15 in regulation 96 (rights to payments out of pension fund) in paragraph (1) - a for "chapter 4 or 5 of part 4" substitute "chapters 1 or 2 of part 4za "; and b after paragraph (1) insert - 1a where a transfer under paragraph (1) is a club transfer, the administering authority must comply with the provisions in the club memorandum in relation to that transfer. . 16 in regulation 100 (inward transfers of pension rights), at the end insert - 8 where a relevant transfer is a club transfer, the administering authority must comply with the provisions in the club memorandum in relation to that transfer. . 17 in regulation 101 (effect of acceptance of transfer value) for paragraph (2) substitute - 2 the appropriate amount of earned pension for the purposes of paragraph (1) is calculated - a in the case of a club transfer, in accordance with the club memorandum; and b in any other case in accordance with actuarial guidance issued by the secretary of state. . 18 in regulation 102 ( eu scheme transfers) in paragraph (3) - a omit the word "and" at the end of paragraph (a); b insert the word "and" at the end of paragraph (b); and c at the end, insert - c "local government service" includes employment in respect of which a person satisfies the conditions in regulation 3(1)(b). . 19 in regulation 103 (changes of administering authority) in paragraph (7) after "local government service" insert "(including employment in respect of which the member satisfies the conditions in regulation 3(1)(b))". 20 in schedule 1 (interpretation) - a after the definition of "children's pension" insert - "club memorandum" means - in respect of a club transfer completed before 1st april 2015, the memorandum published by the cabinet office under the title "the public sector transfer club - memorandum by the cabinet office" effective from 1st march 2012; in respect of a club transfer completed in the period from 1st april 2015 to 28th february 2017, the memorandum published by the cabinet office under the title "the public sector transfer club - memorandum by the cabinet office" effective from 1st april 2015; in respect of a club transfer completed on or after 1st march 2017, the memorandum published by the cabinet office under the title "the public sector transfer club - memorandum by the cabinet office" effective from 1st march 2017 ; "club transfer" means a transfer of employment between members of the public sector transfer club in respect of which an employee is entitled under the terms of the club memorandum to benefit from the terms of the club memorandum; b for the definition of "local government service" substitute ""local government service" has the meaning given in regulation 2(1a)"; c in the definition of "partner" omit "in relation to an active member"; d after the definition of "permanently incapable" insert - "public sector transfer club" means the arrangements approved by the secretary of state and detailed in the club memorandum as providing reciprocal arrangements between the scheme and other registered occupational pension schemes for making and receiving transfer value payments; ; e for the definition of "revaluation adjustment" substitute - "revaluation adjustment" means - in the case of a balance transferred under a club transfer, the adjustment that would have applied to that balance if it had not been transferred; and in any other case the percentage specified as the change in prices in the relevant treasury order made under section 9(2) of the public service pensions act 2013 which is to be applied to a sum in a pension account at the beginning of the next scheme year. ; f in the definition of "statutory pay" before "maternity" insert "sick,". 21 in schedule 2 (scheme employers) - a in part 2, in paragraph 5, for "local authority" substitute "body"; b in part 3 - i omit paragraph 11; and ii at the end add - 14 an admission agreement may take effect on a date before the date on which it is executed. . 22 in the table in part 2 of schedule 3 (pension funds), in the 7th row (relating to an employee of a scheme employer listed in paragraphs 5 or 6 of part 2 of schedule 2), in column 2 omit the words "local authority or authorities, or". amendment of the local government pension scheme (transitional provisions, savings and amendment) regulations 2014 23 the local government pension scheme (transitional provisions, savings and amendment) regulations 2014 are amended in accordance with regulations 24 to 30. 24 in regulation 3 (membership before 1st april 2014) - a after paragraph (5) insert - 5a notwithstanding paragraph (1)(a) - a regulation d11(2)(d) and (4) of the 1995 regulations (entitlement to deferred retirement benefits) has effect with the substitution of the references to age 60 with references to age 55; b regulations 31(2) (other early leavers: deferred retirement benefits and elections for early payment) and 154(4) (payment of benefits: pension credit member) of the 1997 regulations have effect with the substitution of the references to age 60 with references to age 55; c regulations 30(2) and 30a(3) of the benefits regulations (requirements for member aged between 55 and 60 to obtain consent for early payment of pension) cease to have effect. b after paragraph (6) insert - 6a notwithstanding paragraph (1)(a), where deferred benefits are aggregated in accordance with paragraph (6), the normal pension age in relation to deferred benefits in respect of membership that ceased before 1st october 2006, is age 65 . 25 in regulation 7 (qualifying service for the 2014 scheme) after paragraph (5) insert - 5a in paragraph (5)(c) the reference to cessation of local government service includes - a cessation of employment deemed by regulation 2(1b) of the 2013 regulations (introductory) to be local government service; and b cessation of employment in respect of which the member satisfies the conditions in regulation 3(1)(b) of the 2013 regulations (active membership). . 26 in regulation 9 (transfers) - a in paragraph (1) - i omit "before 1st april 2015"; and ii at the end add "since ceasing active membership in the scheme from which the transfer payment is received"; b after paragraph (1) insert - 1a regulation 4 (statutory underpin) applies to a person of the description in paragraph (1) as if that person had been an active member of the 2008 scheme in respect of the service in the different public service pension scheme. . 27 in regulation 10 (interfund adjustments etc ) for paragraph (6) substitute - 6 a member with deferred benefits relating to the earlier schemes, who did not become a member of the 2014 scheme by virtue of regulation 5(1) of these regulations (membership of the 2014 scheme), but who subsequently becomes an active member of the 2014 scheme may - a within 12 months of the active member's pension account being opened, or b such longer time as the scheme employer permits, elect to receive a transfer value payment in relation to the deferred benefits to be credited to the active member's account to purchase earned pension in accordance with actuarial guidance issued by the secretary of state. 6a where the appropriate administering authority in relation to the active member's pension account mentioned in paragraph (6) ("the current authority") is different to the administering authority which is the appropriate administering authority in relation to the deferred benefits ("the previous authority"), the previous authority must make the transfer value payment to the current authority. . 28 in regulation 14(2) (contributions) after "refund of contributions" insert "(including additional contributions)". 29 in regulation 15 (additional contributions) - a omit paragraph (1)(b); b for paragraph (1)(d) substitute - d regulation 14 (election in respect of additional pension) and 14a (election to pay additional contributions: survivor benefits) of the benefits regulations and regulations 23, 24, 24a and 24b of the administration regulations (payment, discontinuance and use of additional contributions) as they apply to a member who has elected before 1st april 2014 to pay additional contributions under those regulations. . c after paragraph (2) insert - 2a regulation 17 of the 2013 regulations (additional voluntary contributions) applies to an avc arrangement entered into before 1st april 2014 as it applies to an avc arrangement entered into on or after that date save that - a the normal pension age in an avc arrangement entered into before 1st april 2014 is the normal retirement age under the 2008 scheme; and b regulation 66(8) of the 1997 regulations (persons making elections in relation to avcs prior to 13th november 2001) continues to have effect in relation to persons of the description in that regulation . ; d omit paragraph (4); e in paragraph (5) for "paragraph (4)" substitute "paragraph (2a)". 30 in schedule 2 (rule of 85) - a in paragraph 1(1)(a) after "benefits regulations" insert "if the member was aged 60 or over at the date of making the request"; b after paragraph 1(1)(a) insert - aa regulation 30(1) (choice of early payment of pension) or 30a (choice of payment of pension: pensioner member with deferred benefits) of the benefits regulations, if the member is aged 55 or over but aged under 60 at the date of making the request and the former scheme employer or, where the former scheme employer has ceased to be a scheme employer, the administering authority, agrees that paragraph 1(3) of this schedule should apply; ; c in paragraph 1(1)(c) after "of the 2013 regulations" insert ", or regulations 30(1) (choice of early pension) or 30a (choice of payment of pension: pensioner member with deferred benefits) of the benefits regulations,"; d omit the word "or" preceding paragraph 1(1)(d) and after that paragraph insert - e regulation 31(1) of the 1997 regulations (other early leavers: deferred retirement benefits and elections for early payment) if the member was aged 60 or over at the date of making the request; or f regulation 31(1) of the 1997 regulations (other early leavers: deferred retirement benefits and elections for early payment) if the member is aged 55 or over but aged under 60 at the date of making the request and the former employing authority or, where the former employing authority has ceased to be a scheme employer, the administering authority, agrees that paragraph 1(3) of this schedule should apply. . e in paragraph 1(2), for "1(1)(c)" substitute "1(1)(aa), 1(1)(c) or 1(1)(f)"; and f in paragraph 2(3) - i omit "to the payment of benefits prior to age 60 in the circumstances described in paragraph 1(1)(a) of this schedule, or", and ii for "1(1)(c)" substitute "1(1)(aa), 1(1)(c) or 1(1)(f)". transitional provision 31 1 any admission agreement which subsists at the date this regulation comes into force remains in force and is treated as if it had been the subject of a determination under section 25(5) of the public service pensions act 2013 . 2 each administering authority must, within 12 months of the date this regulation comes into force, include in its list published under section 25(9) of the public service pensions act 2013, details of the persons included in admission agreements to which it is a party, to whom the scheme relates by virtue of the provision in paragraph (1). 3 in this regulation "admission agreement" and "administering authority" have the same meaning as in the local government pension scheme regulations 2013. we consent to the making of these regulations andrew stephenson david rutley two of the lords commissioners of her majesty's treasury 16th april 2018 signed by authority of the secretary of state for housing, communities and local government rishi sunak parliamentary under secretary of state ministry of housing, communities and local government 17th april 2018

citation and commencement 1 this order may be cited as the public service pensions act 2013 (judicial offices) (amendment) order 2018 and comes into force on 23rd march 2018. amendments to the public service pensions act 2013 (judicial offices) order 2015 2 1 the schedule (specified judicial offices) to the public service pensions act 2013 (judicial offices) order 2015 is amended as follows. 2 after the entry for "legal member of the mental health review tribunal for wales", insert "legally qualified member of the pensions appeal tribunal for northern ireland appointed under paragraph 2 of the schedule to the pensions appeal tribunals act 1943 ". 3 after the entry for "president or chairman of the transport tribunal", insert "president or deputy president of the pensions appeal tribunal for northern ireland appointed under paragraph 2b(1) of the schedule to the pensions appeal tribunals act 1943". david gauke lord chancellor ministry of justice 8th february 2018

part 1 general citation, commencement and application 1 1 these regulations may be cited as the national health service (existing liabilities scheme) (england) regulations 2018. 2 these regulations come into force on 1st august 2018. 3 these regulations apply to england only. interpretation 2 in these regulations - "the 1996 regulations" means the national health service (existing liabilities scheme) regulations 1996 ; "the 2006 act" means the national health service act 2006; "the appointed day" means the day on which these regulations come into force; "eligible body" means a body specified in regulation 4; "relevant function" means - arranging for the provision of, or providing services for the purposes of, or exercising functions in relation to, the health service continued under section 1(1) of the 2006 act ; a power exercised by virtue of section 7 of the health and medicines act 1988 including where exercised by virtue of paragraph 15 of schedule 2 to the national health service and community care act 1990 before the repeal of that paragraph . part 2 the scheme existing liabilities scheme 3 1 the existing liabilities scheme ("the scheme") established under the 1996 regulations shall continue to exist in accordance with, and as if it had been established under, these regulations. 2 the secretary of state is to continue to administer the scheme. eligible bodies 4 a body is an eligible body if - a the body is - i an nhs trust, ii an nhs foundation trust, or iii a special health authority; and b the body has - i before 1st april 1995 exercised any relevant function; or ii had transferred to it the liabilities of any other body which exercised any relevant function before that date. liabilities of eligible bodies liabilities of eligible bodies to which the scheme applies 5 1 the scheme applies to any liability in tort owed by an eligible body to a third party in respect of, or consequent upon, personal injury or loss where - a the personal injury or loss falls within paragraph (2), and b the liability is owed in consequence of an act or omission on the part of any person employed or engaged by the eligible body in connection with any relevant function of that body. 2 personal injury or loss falls within this paragraph if it arises out of or in connection with a breach before 1st april 1995 of a duty of care owed by the eligible body to any person in connection with the diagnosis of any illness, or the care or treatment of any patient. 3 where the liability meets the criteria in - a paragraph (1); and b regulation 9(1) of the national health service (liabilities to third parties scheme) (england) regulations 2018 , the secretary of state must determine whether the scheme or the scheme provided for in the regulations referred to in sub-paragraph (b) is to apply. 4 in paragraphs (1)(b) and (2) a reference to an eligible body includes a reference to a body the liabilities of which have been transferred to an eligible body as mentioned in regulation 4(b)(ii). payments out of the scheme payments out of the scheme 6 1 where a payment falls to be made by an eligible body in connection with a claim in respect of a liability to which the scheme applies, the secretary of state may pay to that body or on that body's behalf an amount determined by the secretary of state under regulation 7. 2 except to such extent as the secretary of state may determine, no payment may be made under paragraph (1) in respect of the following - a any liability admitted by an eligible body without first obtaining the secretary of state's written consent; b any liability determined by a court in proceedings which are conducted by an eligible body otherwise than in consultation with the secretary of state; c any payment falling to be made by an eligible body where the body has not complied with any condition imposed by the secretary of state relating to a claim; d any payment falling to be made by an eligible body where, without first obtaining the secretary of state's written consent, the eligible body agrees - i to be bound by the determination of any person or body as to the making of a payment by that eligible body in respect of a liability; or ii to make any other payment in respect of the liability otherwise than in the course of legal proceedings or in consequence of a settlement of legal proceedings agreed to by that eligible body. determining the amount of any payment to be made out of the scheme 7 1 in respect of each claim in respect of a liability to which the scheme applies, the secretary of state must determine the amount of any payment which is to be made under regulation 6(1). 2 in determining the amount of the payment to be made in the circumstances specified in each of paragraphs (3) to (8), the secretary of state must have regard to the matters specified in the appropriate paragraph. 3 where an award of damages has been made by a court against the eligible body, those matters are the amount of - a the award; b the legal and associated costs awarded to the claimant; and c any legal and associated costs incurred by or on behalf of the eligible body. 4 where legal proceedings are the subject of a settlement agreed to by the eligible body, those matters are the amount of - a any sum paid or payable by the member in relation to the claimant's claim for damages; b the eligible body's contribution towards any legal and associated costs incurred by the claimant; and c any legal and associated costs incurred by or on behalf of the eligible body. 5 where in any legal proceedings a court has declined to award damages against the eligible body, those matters are the amount of any legal and associated costs incurred by or on behalf of the eligible body but only to the extent to which those costs are not recoverable either from the claimant or from the legal aid agency under regulations made by virtue of section 26(5) of the legal aid, sentencing and punishment of offenders act 2012 (costs in civil proceedings) . 6 where an eligible body has, otherwise than in the course of legal proceedings, agreed to make a payment in settlement of a claim, those matters are the amount of - a the payment agreed; and b any legal or associated costs incurred by or on behalf of the eligible body in connection with the claim. 7 where, otherwise than in the course of legal proceedings, an eligible body has agreed to make any contribution towards legal or associated costs incurred by a person in connection with that person's claim against the eligible body in respect of a liability to which the scheme applies, those matters are the amount of - a the payment agreed; and b any legal or associated costs incurred by or on behalf of the eligible body in connection with the claim. 8 where an eligible body has agreed to be bound by the determination of any person or body as to the making of a payment by that eligible body in respect of a liability to which the scheme applies, those matters are the amount of - a the payment; b any legal or associated costs incurred by the claimant in connection with the claim; and c any legal or associated costs incurred by or on behalf of the eligible body in connection with the claim. power to make payments on account 8 1 where a payment falls to be made by an eligible body in connection with a claim in respect of which an amount may become payable by the secretary of state under regulation 7, the secretary of state may make a payment on account of any amount which may become payable. 2 a payment on account may be made to, or on behalf of, the eligible body. 3 where the amount of any payment on account exceeds the amount subsequently determined under regulation 7 as being the amount of payment to be made in connection with the claim, the excess is recoverable from the eligible body. miscellaneous duty of eligible bodies to provide information 9 1 in this regulation "specified" means specified by the secretary of state in a notice under paragraph (2). 2 the secretary of state may by notice in writing require an eligible body to provide the secretary of state with specified information. 3 specified information includes - a the nature of any relevant function carried on, during the period falling before 1st april 1995 by the eligible body or by any body the liabilities of which have been transferred to the eligible body as referred to in regulation 4(b)(ii); b any event of which the eligible body is aware which it considers might give rise to a liability to which the scheme applies. 4 the eligible body must comply with a notice under paragraph (2) and must - a provide the information within 28 days of receiving the notice or within such further period as the secretary of state may in writing allow; b provide the information in the form specified (if any); and c submit the information in the manner specified (if any). directions and guidance 10 1 the secretary of state must make the following information available to eligible bodies in such form and at such times as the secretary of state considers appropriate - a any directions which the secretary of state gives to a relevant body with respect to the exercise by that body of its functions in connection with administering the scheme; and b any guidance which the secretary of state gives to a relevant body as to the manner in which the scheme is to be administered. 2 "relevant body" means a body directed by the secretary of state under any enactment to carry out functions in connection with the administration of the scheme. revocations and savings 11 1 subject to paragraph (2), the instruments specified in the first column of the table set out in the schedule are, in relation to england only, revoked to the extent stated in the third column of that table. 2 where a claim under the scheme is made before the appointed day - a any determination as to whether the scheme applies to the liability; and b any determination as to whether to make a payment in respect of the liability (and the amount of any such payment), is to be made in accordance with the 1996 regulations and for these purposes those regulations are to continue to apply. transitional provision 12 1 where a period of time specified in the 1996 regulations is current on the appointed day, and a period of time is also specified in a corresponding provision of these regulations, these regulations have effect as if the corresponding provision of these regulations had been in force when the period began to run. 2 except as stated in regulation 11(2) - a anything done, if effective immediately before the appointed day, has effect after the appointed day as if done under or for the purposes of the corresponding provision of these regulations; and b any matter that is ongoing under or for the purposes of the 1996 regulations immediately before the appointed day is to be treated as ongoing under these regulations. signed by authority of the secretary of state for health and social care. o'shaughnessy parliamentary under-secretary of state, department of health and social care 25th june 2018 we consent craig whittaker paul maynard two of the lords commissioners of her majesty's treasury 21st june 2018